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HomeMy WebLinkAbout1994-01-13; Housing Commission; ; AFFORDABLE HOUSING PROJECT/MASTER PLAN - COSTA DO SOLNB-ITEM 2 APPLICATION DATE: 12/29/93 STAFF PERSON: Evan Becker STAFF REPORT DATE: JANUARY 13, 1994 TO: HOUSING COMMISSION FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: AFFORDABLE HOUSING PROJECT/MASTER PLAN - COSTA DO SOL - Request for recommendation of approval of a proposed 23 Unit Affordable Housing Project within the Costa Do Sol Master Plan. The project is part of the development related to CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10. I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 94-002 RECOMMENDING APPROVAL of the development of the proposed 23 condominium unit affordable housing project within the Costa Do Sol Master Plan. 11. PROJECT BACKGROUND AND DESCRIPTION On November 3, 1993, Aharon Abada received a recommendation from the Planning Commission for approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan and Hillside Development Permit to subdivide and construct 1 12 single-family homes and 40 one, two and three bedroom condominium units. The project is subject to the Inclusionary Housing Requirement which means that the applicant/developer must provide a minimum of 23 units of housing affordable to low income households. The applicant’s affordable housing proposal indicates that 23 of the 40 total condominium units will be sold at a price affordable to lower income households at 80% of the county median. In addition, the project is required to provide at least 10% of lower income units in three (3) bedrooms. The applicant is proposing that 10% (or 3 total) of the low income affordable condominium units be 3 bedroom units. The affordable housing project, as proposed, will meet the Applicant/Master Plan Developer’s obligation under the City of Carlsbad’s Inclusionary Housing Ordinance. COSTA DO SOL PAGE 2 HOUSING COMMISSION - 1/13/94 111. APPLICANT/DEVELOPER TEAM INFORMATION The development team for the proposed affordable housing project is as follows: A~ukant : Aharon Abada Develo~er : Aharon Abada Architect: Art Simpson LandscaDe Architect: A. Gevanthor Engineerk) : Dany Abada Planning Consultant: IV. AFFORDABLE HOUSING PROJECT DESCRIPTION/LOCATION Don Agatep (Applicant Agent) The project will be located on an approximately 2.2 acre site at the northeast comer of Camino De Las Ondas and the future Hidden Valley Road. The parcel number for the property is 214- 140-40. The project will provide 23 for-sale condominium units which will include ten 1-bedroom units (approx. 685 sq.ft. each), ten 2-bedroom units (approx. 985 sq.ft. each) and three 3-bedroom units (approx. 1250 sq.ft. each). Special amenities of the project will include a central active common recreation complex containing a pool and children’s play area. In addition, each condominium will include a 36 square foot private patio. The condominium project will also include an additional flat grassy common passive recreation area which will include a 5,900 square foot recreational vehicle storage area. The design and quality of the affordable housing units will be consistent with that of the proposed market rate condominium product. V. TERMS OF AFFORDABILITY The applicant has proposed that the 23 condominium units remain affordable for thirty (30) years for families at the following income level: 0 23 of the total (40) condominium units will be affordable to households at 80% of the county median. COSTA DO SOL PAGE 3 HOUSING COMMISSION - 1/13/94 Bedroom Size The following chart provides a breakdown of bedroom sizes by income levels: 80% of median Sales Price 1 2 10 $81,835 10 $102,505 II 3 I 3 1 $120,668 11 Construction of the affordable housing units will be concurrent with construction of the market rate units. VI. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT The applicant intends to privately finance the construction of the 23 units of affordable condominium units. The applicant is requesting no financial assistance from the City to construct the units for low income (80% of county median) households, as the project is proposed within the application. VII. FINANCIAL FEASIBILITY OF THE AFFORDABLE HOUSING PROJECT Based on review of the preliminary proforma submitted by the applicant, the projected costs and sales price for the units appears reasonable based on the current assumptions. At the time the units are constructed, the assumptions may change and, consequently, the sales price may change over time. However, the applicant shall be required at all times to set a sales price for the condominiums which does not exceed the maximum allowable housing payment for related household size. The applicant will be required to enter into an affordable housing agreement with the City of Carlsbad prior to Final Map approval. The agreement will outline all final assumptions on cost for the project and set the sales price for the units. VIII. CONSISTENCY WITH HOUSING ELEMENT AND CHAS The proposed affordable housing project is consistent with the policies and programs of the Housing Element and the Zone 20 Specific Plan. The applicant has proposed to provide 23 units of affordable housing which meets the 15% Inclusionary Housing Requirement for the market rate units and the number of 3 bedroom units (3 total) in the project meets the City’s 10% requirement. COSTA DO SOL PAGE 4 HOUSING COMMISSION - 1/13/94 The proposed affordable "for sale" housing project meets a "Priority 2" need, as outlined within the City of Carlsbad's 1993-98 Comprehensive Housing Affordability Strategy (CHAS) . The level 2 priority indicates that there is a significant need for the proposed type of housing within the City of Carlsbad. M. SUMMARY The Costa Do Sol Affordable Condominium Housing Project, as proposed, is consistent with the Housing Element and meets the needs of lower income small and large families. Therefore, staff is recommending that the Housing Commission adopt a recommendation to the City Council for approval of the subject affordable housing project with the condition that the affordable housing units be affordable for a period of fifty-five (55) years (rather than the thirty (30) years proposed by the applicant). The Inclusionary Housing Ordinance requires restricted income units to remain affordable for the "useful life of the project"; the City of Carlsbad interprets this to mean a minimum of 55 years. X. 1- 2- 3- 4- EXHIBITS Housing Commission Resolution No. 94-002 adopting a recommendation to the City Council to approve the Costa Do Sol Affordable Condominium Housing Project. Housing Commission Review Application submitted by Aharon Abada\Don Agatep & Associates. Planning Commission Staff Report dated November 3, 1993 Site Development Plan for proposed Affordable Housing Project. EXHIBIT 2 December 28,l 993 Housing & Redevelopment Director City of Carlsbad 2965 Roosevelt St Carlsbad, CA 92008 Re: Costa do Sol - CT 92-01, Housing Commission Review Application, Aharon Abada, Developer The referenced applicaion for City of Carlsbad Housing Comission Review is submitted to satisfy Costa do Sol's obligation to Comply with the City of Carlsbad General Plan Housing Element by proviing a fair share of affordable housing within the project, in the Southwest quadrant of the City of Carlsbad; and with Growth Management Zone 20 Specific Plan. The Costa do Sol project, CT 92-OPUD 92-01 SDP 93-04, is comprised of 152 units located at the northwest & northeast intersection of Camino de las Onas & future Hidden Valley Road, easterly of Paseo del Norte. The Costa do Sol project is southerly and adjacent to the future City of Carlsbad Poinsettia Park facility. 15% of the project, 23 units, are designated lower- income afforadable Condominium "For-Sale" housing units, located in the proposed 40 unit condominium portion of the project. The proposed affordable housing units provide a mix of 10 one bedroom units, 10 two bedroom units & 3 three bedroom units (10% of affordable units). The affordable units are intended to be available for retired & semi retired couples, first time buyer younger couples and young families. The Planning Commission reviewed the Costa do Sol project at Public Hearing Nov 3, 1993 and recommended approval, P.C. Resos 3546,3547,3548 & 3549. The Costa do Sol project meets the housing need and priorities of the City of Carlsbad General Plan Housing Element, Growth Management Zone 20 Specific Plan - SP 203) objectives and is consistent with the City of Carlsbad lnclusionary Housing Ordinance for the following reasons: Compliance with City of Carlsbad Housing Element Goals: "Goal #1 Costa do Sol's design is compatible with the existing residential units to the south and is architecturally designed in the same manner and style as the proposed market rate units Costa do Sol will provide 23 units to buyers who earn 80% of the median income per year within the City of Carlsbad & San Diego County. Costa do Sol provides a mix of housing sizes in an larger project and in close proximity to City facilities (future Poinsettia Park), "Goal #2 "Goal #3 Costa do Sol - CT 92-01 Housing Commission Review Appl Page # 2 Dec 28,1993 City of Carlsbad Housing Element Goals (cont'd): "Goal #4 Costa do Sol is within 112 mile of commercial facilites (Poinsettia & 1-5) to the west; public transportation routes (future Hidden Valley Rd between PAR & Camino de las Ondas), and; employment opportunities. Costa do Sol will comply with open housing practices as required and enforced by an Affordable Housing Agreement to be approved prior to CT 92-01 Final Map recordation. "Goal # 5 Compliance with Growth Management Zone 20 Specific Plan (SP-203) Ord #NS-257: Costa do Sol provides on site lower-income (80%) affordable units integrated with the proposed Costa do Sol development. O The Costa do Sol project is coordinated with surrounding properties by providing circulation and pedistrian access to Public Facilities including Poinsettia Park. O The proposed affordable units are compatible with proposed & existing multi-family land uses to the south & east. O Costa do Sol provides an attractive, well buffered project serving the unit resident as well as the neighboring residents O Costa do Sol provides on site active and passive recreational ammenities. Compliance with lnclusionary Housing Ordinance 21.85 010 CMC: O Costa do Sol provides 15% of the total project for affordable (lower -income) residential units. The project complies with Zone 20 Specific Plan & General Plan Housing Element. O 10% of the project reserved for lower income households (3 units) have3 bedrooms. We believe the Costa do Sol project complies withlor exceeds applicable City of Carlsbad General Plan Housing Policies, Growth Management Zone 20 Development policies and the Purpose & Intent of the City of Carlsbad lnclusionary Housing Ordinance. Therefore, we respectfully request the City of Carlsbad Housing Commission Staff accept the Costa do Sol application and schedule the matter before Carlsbad's Housing Commission Jan 13, 1994 sultant Applicant Representat& cc: Aharon Abada, Owner/Applicant D. Detisch, Esq - L CITY OF CARLSBAD HOUSING COMMISSION REVIEW APPLICATION 11 I. APPLICANT/DEVELOPMENT TEAM INFORMATION Name of Applicant: A" AJ3ADA Mailing Address: 847 Turquoise Apt #3 San Diego, CA 92109 Telephone No.: (61 9) 488-721 7 Identify Development Team (ie., developer, builder, architect, etc.): II ~ 1 ) Developer : Aharon Abada . 2) Architect : Art Simpson 3) Engineer : my Abada 4) Landscape Architect : A. Gevanthor 5) Planning Consultant : Don Agatep (Applicant Representative) 11. GENERAL PROJECT INFORMATION OXTA DO SOL CY 92-01 /PUD 92-01 /SDP 93-04 Project Name: ~TA DO SOL CT 92-01/ PUD 92-01/ SDP 93-04 Describe General Location of Project: 2.2 ac +/- site @ Northeast corner of Camino de las mdas & future Hidden Valley Road. Project Address: Hidden Valley Road Site Parcel NOW.: Easterly portion of APN 21 4-1 40-40 Total Number of Affordable Units Required (if applicable): Total Number of Affordable Units Proposed: 23 units "For Sale'' 23 units "For Sale" Type of Units (ie., garden apartments, detached, etc.): Stacked Condmnium Units "For ~~~ Size (in square feet) of each Unit: Plan A = 2 l3dnn/i Ba 986 sqft Plan B = 1 Bdrm/i EiA = 685 sqft ; Plan C = 3 l3dnn/2 E& =1250 sqft Bedroom Size Distribution of Units: 43.5% 2 ; 43.5% 1 ~drm ; 13% 3 Describe any special featumdamenities to be included within project: On-site 2388 sqft of Active Recreational Area including: pool, tot lot PRIVATE PATIOS 36 SQFT min arldBB-Qarea Housing Commission Review Application Page 1 1218 93 '. . - - [U. TERMS OF AFFORDABILITY FOR AFFORDABLE UNITS (A'ITACH ADDITIONAL INFORMATION IF NECESSARY) rargeted Income Levels (as % of area median): ~80% of Median Inmine PS R farm. .- Monthly Rent (by bdr. size) or Sales Price of Units: Sales Price: Plan A 2 Bdrm =$105,080 985 sqft Plan B 1 Bdrm =$ 73,180 685 Ssft Plan C 3 Bdrm =$123,243 1250 sqft rem of Affordability (ie., 30 yrs, life of project, etc.): 30 yrs Projected Schedule for Construction of Affordable Housing Units: concurrent with Mkt rate units [f the affordable units are being constructed to satisfy the City of Carlsbad's Inclusionary Housing requirement, how will they be phased with respect to construction of the market rate units? Please Explain Project Phasing: concurrent with Mkt rate units IV. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT Please attach a copy of development and operating financial proformas showing sources and uses of funds to accomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources and appropriate justifications for use of these sources. Describe the local financial assistance or incentives, if any, including specific terms desired for the affordable housing project which you are, or will be, requesting from the City of Carlsbad: Ncrr APPLICABLE Identify any other project conditions which may be relevant to project feasibility: Project afforadbility could be enhanced by: 1) Reducing City of Carlsbad Impact Fees 2) Modification to proposed Zone 20 Fees for Zone 20 Circulation Funding for 3) Carlsbad Unified District Fees for "Affordable Units especially smaller unit Poinsettia Land & Alga Rd extensions and/or units for semi-retired individuals or couples. Housing Commission Review Application Page 2 12/8/93 V. REQUIRED AlTACHMENTS TO APPLICATION The following items must be attached to this application: e Site Development Plan for Affordable Housing Units; e Narrative describing how the project meets the Housing Needs and Priorities as expressed within the City of Carlsbad’s Housing Element and Comprehensive Housing Affordability Strategy; e Narrative on the project’s consistency with the City of Carlsbad’s Affordable Housing Policies as expressed in the Housing Element, Inclusionary Housing Ordinance, General Plan and other related documents; e Development and Operating Financial Proformas indicating sources and uses of funds for the project, including justification and identification of subsidy sources; e Complete description of financial assistance or incentives including specific terms that are, or will be requested from the City of Carlsbad for the project, if applicable; and, 0 Completed Disclosure Statement of Ownership Interests within the project. VI. APPLICATION SIGNATURES Property Owner Name, Address and Telephone No.: Property Owner: Aharon Aback 847 Turquoise Apt #3 , San Diego, CA 92109 ; 619-488-7127 I, the undersigned, do hereby certify that I am the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. Date 29. 93 tive of the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. Applicant Aharon Abada Signature: Date&@9 3 v x THE BOX BELOW IS FOR CITY USE ONLY Date Application Received: I 2 /a 193 Application Received By:- ’Fd Staff Recommendation: fi / Date of Housing Commission Review: I / / 3/9 4 Action on Application by Housing Commission: Other Comments: Housing Commission Review Application Page 3 1218 93 x DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN CWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REOUiFE SlSCRETlONARY ACTION ON %E PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMmEE ~ (Please Pnnr) The following information must be disclosed: 1. 2. 3. 4. ARRlicant List the names and addresses of all persons having a financial interest in the application. Aharon Zhda 847 turquoise Apt #3 San Diego, CA 92109 Owner List the names and addresses of all persons having any ownership interest in the property involved. Ahamn Abada 847 Turqousie Apt #3 San Diego, CA 92109 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NOT APPLICABLE If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. NOT APPLICABLE FRM00013 8/90 2075 Las Palrnas Drive - Carlsbad. California 92009-4859 (619) 438-1 161 Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth Of business transacted with any member of City staff, Ezarcs Commissions, Committees and Council within the past twelve months? Yes - No If yes, please indicate person(s) 1 i - Person is defined BS: 'Any individual. firm. copsflnership. joint venture. usocialion. rocial club. fraternal organization. corporation. estate. trust. recewer. syndicatr. thio and any other county, cq and counv. cq municipalrPy. district or other political subdivirion. or my other grouD or combmalion acting a8 a unt' I (NOTE: Attach additional pages as necessary.) Signature of Owneddate AAAnA Print or type name of owner , FRM00013 8/90 *. . COSTA DO SOL CT 92-01 Dec 28, 1993 Rev Jan 5,94 23 AFFORDABLE CONDOMINIUMS CONSTRUCTION ESTIMATE 1 Bdrm 685 ssft 2 Bdrm 985 sqft 3 Bdrm 1250 sqft Const @ $50/sqft $34,250 $49,250 $62,500 City Impact Fees $ 15,461 $ 15,802 $ 16,112 Site Improvements $ 5.300 $ 5.300 Sub Total $ 55,011 $ 70,352 $ 83,912 Contingency @ 10% $ 5,500 Arch/Eng/Legal etc @ 10% $ 5.500 $ 7,035 3i2JX35 $ 8,390 $ 8,390 Sub Total $ 66,011 $ 84,422 $1 00,692 Finaincing 1 yr @ 9% M $ 7,598 $ 92,020 L.EUE2 $1 09,654 Sub Total $ 71,952 Land $ 7.500 $ 7.500 $ 7.500 Sub Total $ 79,452 $ 99,520 $1 17,154 Marketing 3% $ 2.383 Sub Total $ 81,835 $ 3,514 $1 02,505 $1 20,668 Dec 28, 1993 Rev Jan 5,94 COSTA DO SOL CT 92-01 23 AFFORDABLE CONDOMINIUMS PROFORMA 1 Bdrm 685 sqft 10 units 2 Bdrm 985 sqft 10 units PURCHASE PRICE $ 81,835 $1 02,505 less 5% down <$ 4.09% e$ 5?125> Balance financed $ 77,743 $ 97,380 Mortage @ 7.5% $ 541.87/mo $ 678.74/mo $ 6,502.44Nr $ 8,144.8641- Prop Tax & Ins @ 1.2 %/yr $ 932.924r $ 1 ,I 68.554r HOA Fees/yr $ 600.00/yr $ 600.00&r Misc Exp sub total/yr $ 1 ,893.92lyr $ 2,296.55Qr Utilitiy Allow /yr $3 60.00/vr $ 528.00/yr $ 157.75Imo $ 191.4O/mo Mort + Misc Exp/Mo $ 699.61/mo $ 870.1Umo 80% Affordable Income Avai I able for M o rg tag e (ref City 1993 rates) $ 707.00/mo $ 878.00/mo Montly difference $7.39/mo $7.88//mo 3 Bdrm 1250 sqft 3 units $1 20,668 e$ 6.033> $114,635 $ 799.00/mo $ 9,588.OO/yr $ 1,375.624r $ 600.00Iyr $ 672.00lyr $ 2,647.62yr $ 221.OO/mo $1,01 Q.OO/mo -OO.OO/mo EXHIBIT 3 - DATE: TO: FROM: SUBJECT: I. STAFF REPORT APPLICATION COMPLETE DATE: JULY 9. 1992 STAFF PLANNER: JEFF GIBSON 'c ' ,* I 0 NOVEMBER 3, 1993 PLANNING COMMISSION PLANNING DEPARTMENT CT 92-01DUD 92-01/SDP 93-04/HDP 92-10 - COSTA DO SOL - Request for recommendation of approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan, and Hillside Development Permit to subdivide and construct 112 single-family homes, and 40 one, two, and three bedroom condominium units, all on property generally located east of Paseo del Norte, and north of Camino de las Ondas in the PC Zone in Local Facilities Mznagement Plan Zone 20. RECOMMENDATION That the Planning Cornmission ADOPT Planning Commission Resolution Nos. 3546, 3547, and 3548, recommending APPROVAL of CT 92-01, PUD 92-01, SDP 93-04, and ADOPT Planning Commission Resolution No. 3549, APPROVING HDP 92-10, based on the findings and subject to the conditions contained therein. 11. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a Tentative Tract Map, Planned Devel-pment Permit, Site Development Plan, and Hillside Development Permit 110 subdivide and construct 112 single-family homes and 40 one, two, and three bedroom candominium units on a gradually sloping lot located east of Paseo del Norte and directly north of Camino de las Ondas. The parcel totals 29.2 gross acres, is undeveloped, and mostly contains disturbed grassland habitat as a direct result of past agricultural usage of the site. It is located in the Coastal Zone, the Planned Community Zone, and has a General Plan Land Use designation of Residential Medium (RM). In addition, the project is subject to the requirements of the Zone 20 Specific Plan (SP 203) and Final Environmental Impact Report 90-3. As shown on Exhibits "A It- "TI'", the proposed project would consist of one and two story single-family homes with two and three-car attached garages located on individual lots ranging in size from 5,400 to 15,000 square feet. There would be a central active recreation facility containing a pool, clubhouse, active playing courts, and a children's play area to serve the entire project. In the eastern portion of the project site located on a 2.2 acre lot there would be four, three-story condominium buildings containing 40 - one, two, and three bedroom units that range in size from 685 to 1,250 sq. ft. These units are developed around a central 30 foot wide private driveway and central parking courts. Along the central 30 foot wide driveway there would be garages and carports, open guest parking spaces, trash enclosures, and an active common recreation complex containing a swimming pool, and children's play area. The condominium project would contain an additional flat grassy common passive recreation area between Buildings C and D, and a 5,900 sq. ft. recreational vehicle storage area to serve the entire project. Per the requirements of the City's recently adopted Inclusionary Housing Ordinance, 150?0 of the proposed dwelling units (23 affordable units) must be provided for lower income households. The applicant is proposing to provide those affordable dwelling units as for- sale homes within the condominium portion of the project. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to Final Map approval. The project would gain access from future Hidden Valley Road which would be a non- loaded collector street that would intersect with existing Camino de las Ondas to the south. The project would feature contemporary architecture consisting of tile roofs with varying roof lines, and stucco exteriors. The surrounding neighborhood is developed with two- story multi-family residences to the south, a single-family home and multi-family residences to the west, and vacant land to the east and north. The future Poinsettia Community Park would be located directly north of the project site. 111. ANALYSIS The proposed project is subject to the following land use plans and ordinances: A). Carlsbad General Plan: Land Use Element (Residential Medium (RM) Land Use Designation); Open Space Element; and Housing Element; B). Zone 20 Specific Plan (Specific Plan 203); C). Carlsbad Municipal Code, Title 21; 1. Chapter 21.45, Planned Development; 2. Chapter 21.53, Section 21.53.120 - Site Devdbpment Plan - "Affordable Housing"; CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 3 3. Chapter 21.95, Hillside Development Regulations; 4. Chapter 21.85, Inclusionary Housing Ordinance. City Council Policy for Small Lot Single Family Homes; Carlsbad Municipal Code, Title 20, Subdivision Ordinance; and the California Subdivision Map Act; Mello I1 Local Coastal Program; Growth Management (Local Facilities Management Plan Zone 20); Carlsbad Municipal Code, Title 19, Environmental Protection Procedures; and the California Environmental Quality Act (CEQA). k GENERALPLAN LAND USE ELEMENT The property has a Residential Medium (RM) General Plan Land use Designation. The RM designation allows the development of small lot single family homes and low density townhouses or condominium developments that range in density from 4 to 8 dus/acre with a 6 dus/acre growth management control point. The project contains a combination of condcminiums and single-family homes developed at a net density of 5.3 dus/acre, therefore, it is consistent with the land use designation of the General Plan. OPEN SPACE AND CONSERVATION ELEMENT The property contains no existing or approved General Plan open space, however there is a planned trail system segment to be located along the western property line of the project. The project would provide a dedicated 20 foot wide trail easement to accommodate Citywide Trail System Segment No. 37 which is proposed to connect from Poinsettia Lane north to Poinsettia Park. The project would also preserve in protected open space the riparian drainage along the northwestern comer of the site. The proposed project would not preclude or negatively affect the attainment of any of the open space action priorities designated in the Open Space & Conservation Resource Management Plan for Zone 20, therefore, the project is consistent with the Open Space and Conservation Element of the General Plan. CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 4 HOUSING ELEMENT All residential development within the Zone 20 Specific Plan is required to include a percentage of housing units affordable to persons and families of lower income. Consistent with the policies and programs of the Housing Element and subsequent to the affordable housing requirements of the Zone 20 Specific Plan the project would provide 15% or 23 dwelling units available and affordable to lower income households. In addition, and consistent with Housing Element Policy 3.2 the project would provide at least 10% of the lower income units with three or more bedrooms. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to Final Map approval. The Affordable Housing Agreement is a legally binding agreement between the applicant and the City which provides the specific details regarding the implementation of the affordable housing requirements of the Zone 20 Specific Plan and subsequent conformance with the City's Housing Element. B. ZONE 20 SPECIFIC PLAN (SPECIFIC PLAN 2031 The Zone 20 Specific Plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of the planning area. This project meets the goals and objectives of the specific plan for the following reason: The project conforms to all aspects of the General Plan and applicable City ordinances, regulations and policies. The project provides coordination between surrounding developments through the provision of roadway and pedestrian access connections with properties to the north. The residential land uses are compatible with the existing multi-family residential land use to the east and the community park to the north. The project provides for the development of an integrated open space and trail system within the planning area. The project provides an attractive, well buffered, and landscaped circulation system that safely and aesthetically provides for the needs of automobiles, cyclists, pedestrians and adjacent land uses. The provision of small single-family lots and condominiums available to low income households that would be located close to a 42 acre City park and adjacent to two collector streets creates a well planned, yet diversified community. CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 5 The project is located in Planning Area "B" of the Zone 20 Specific Plan and complies with the required "Special Design Criteria" as follows: (1) Enhanced landscaping and additional setbacks would be provided along the northern property line, Hidden Valley Road, and Camino de las Ondas. (2) The building elevations for the single-family homes and condominium buildings would have a variety of materials, architectural accent features, articulated wall and roof planes, varying roof heights and building massing, and building street setbacks. C. CARLSBAD MUNICIPAL CODE, TITLE 21: 1. PLANNED DEVELOPMENT ORDINANCE, CHAPTER 21.45: The Zone 20 Specific Plan and the PC Zone both designate Chapter 21.45 as an implementing ordinance for this project. In addition, utilization of the Planned Development Ordinance in conjunction with the tentative tract map for this project allows for the use of private streets/driveways and provides a method to approve separate ownership of the 40 air space condominium units located within the multiple-unit buildings. Before the Planning Commission recommends approval of the project to the City Council, Title 21 of the Municipal Code under Section 21.45.072 requires that the following findings be made: a. 'The granting of this permit will not adversely affect and will be consistent with Chapter 21.45, the Zone 20 Specific Plan, and all adopted plans of the City and other governmental agencies." The project is consistent with Chapter 21.45, the Zone 20 Specific Plan, the General Plan, and the Local Coastal Program, because it meets all the Planned Development standards, and single-family and multi-family residential land uses would be developed at the appropriate lot size and residential density. See Section A under General Plan, Section B under Specific Plan, and Section F under Mello 11 for a more detailed discussion on compliance with these three land use plans. b. 'The proposed use is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the COmmunity." The development of small lot single-family homes and condominiums would provide a balance and mix of residential land uses within the Zone 20 Specific Plan. A majority of the residential development planned for the specific plan area would be standard single-family homes on 7,500 to 10,000 sq. ft. lots. The development of higher density condominiums would also provide some affordable housing for lower income households which would create a more diversified and balanced community. CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 6 C. "Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity." The project is designed to avoid the riparian drainage area in the northwestern comer of the site. This open space would connect with the open space on Poinsettia Park to the north. Drainage facilities would be provided concurrent with development of the project to reduce erosion and flooding. All manufactured slopes would be landscaped to prevent erosion and to visually screen the slopes. d. 'The proposed planned development meets all of the minimum development standards set forth in Section 21.45.090, the design criteria set forth in Section 21.45080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual." 1. The local streets in the single-family portion of the project would have curb, gutter, and sidewalks on both sides, and have 36 to 40 feet of paving. This exceeds the 30 foot minimum private street width standard. .. 11. The project would provide a mixture of one and two-story homes, and condominiums units which have varied roof lines, and a variety of front building elevations and front yard setbacks. iii. Adequate recreational vehicle storage space would be provided in one area and be sufficiently screened from the public right-of-way and surrounding properties. iv. The single-family homes would have two three car garages which would meet the parking and storage requirements of the ordinance, and guest parking would be provided on both sides of the streets. The condominiums have garages and carports for the residents with guest parking dispersed along the central driveway. v. A 10 foot landscaping setback would be provided adjacent to Hidden Valley Road and Camino de las Ondas. In addition, a six foot high masonry wall in conjunction with a heavily landscaped, 12 to 16 foot setback, would be provided along the northern property line to buffer the project from the Poinsettia Community Park to the north. The community park also contains a 20 to 25 foot landscaped setback adjacent to the common property between the two land uses. CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 7 PRIVATE STREET & 30 Feet vi. The project complies with the Planned Development Ordinance as follows: ~ PARKING: RESIDENT: 304 Covered Spaces GUEST: 13 Spaces DRIVEWAY AND STREET SETBACK ~ 5 to 20 Feet STORAGE SPACE RV STORAGE I 3,040 sq. ft. 480 Cubic Feet Per Unit RECREATIONAL SPACE B. PRIVATE PASSIVE Patio or Balcony PROPOSED *24 To 60 FEET 5 to 36 Feet 264 Garage Spaces & 40 13 Guest Spaces carports 5,900 sq. ft. 480 Cubic feet Per Unit . 19,300 sq. ft. Patio, Balcony, and 15 ft. X 15 ft. Rear Yards * Two driveways (24 feet wide) in the condominium portion of the project do not meet the Planned Development standard of 30 feet for private driveways, (For an explanation see the Section 2 under Site Development Plan). e. 'The proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site." The project meets all the requirements of the Hillside Development Regulations and Guidelines. The manufactured slopes would be landscaped, and the lots would terrace down the slope towards the northwest to conform with the topography. The homes have roof lines that are varied and relate to the topography. In addition, the northwestern comer of the site would be preserved to protect the riparian drainage that flows to the north. f. 'The project's circulation system is designed to be effiaent and well integrated with the project and does not dominate the project." The local streets in the project would have 36-40 feet of paving with curb, gutter, and sidewalks on both sides of the street and connect to Hidden Valley Road which CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 8 is a non-loaded collector street. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have underground utilities. The 30 foot central driveway within the condominium portion of the project is adequate to handle the vehicular traffic and accommodate emergency vehicles. g. 'The proposed project's design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood." The proposed project meets all City. standards and the proposed residential density is consistent with the General Plan (5.3 dus/acre). The proposed residential land uses are compatible in scale, architecture, and building materials with the multi- family residential development to the west and south. Public street improvements would be provided to accommodate traffic generated by the project and the project must comply with all the circulation and public facility requirements of Local Facilities Management Plan Zone 20. The adjacent properties to the west, south, and east have either existing multi-family residential development or are planned for multi-family residential development, therefore, the proposed small lot single- family and multi-family residential development would be compatible with the surrounding neighborhood. A six foot high masonry wall and adequate landscape buffers and setbacks would be provided along the northern property to minimize impacts between the residential and community park land uses. 2. SITE DEVELOPMENT PLAN - "AFFORDABLE HOUSING, CHAPTER 21.53: The Carlsbad Municipal Code Section 21 S3.120 requires a Site Development Plan for any multi-family residential development having more than four dwelling units or an affordable housinn proiect of any size. This project would have 152 residential units of which 23 of those units must be designated as affordable to lower income households. The proposed condominium portion of the project does not meet the Planned Development Ordinance's 30 foot standard for the width of a private street/driveway (24 feet is proposed for a driveway that leads to onsite parking spaces and the RV storage area). In order to provide affordable housing in this project the applicant is requesting that the Planning Commission recommend to the City Council that this standard be modified under Section 21.53.120(c) Development Standards. A Site Development Plan for an affordable housing project may allow less restrictive development standards than specified in the zone code or underlying zone if the project is in conformance with the General Plan and would not have a detrimental effect on public health, safety and welfare. . CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 9 Before the Planning Commission recommends approval of the project to the City Council, Title 21 of the Municipal Code under Section 21.53.120(c) requires that the following finding be made: 'That the project is in conformity with the General Plan and adopted policies and goals of the City, and it would have no detrimental effect on public health, safety and welfare". a. The project is consistent with the General Plan and the Zone 20 Specific Plan as explained in Sections A and B of this report. The project would not have a significant impact on the environment as discussed below in Section H of this report. b. The condominium buildings would maintain a 15 foot setback from the public right-of-way and a five foot setback from internal driveways. c. The project would provide adequate onsite parking and circulation to serve the needs of the residents and their guests, and it would not impact the availability of offsite street parking. d. Sidewalks and drainage facilities would be provided along the project's public street frontages to serve the project. e. The existing Planned Development Ordinance requires at a minimum 30 foot wide private street/driveways, however, the proposed 24 foot wide private driveway would be adequate to provide safe and efficient traffic circulation and vehicle turn movements to the parking area and Recreational Vehicle storage area. The City's Parking Ordinance requires a minimum standard width of 24 feet for a two-way traffic aisle containing ninety degree parking on both sides. A 24 foot driveway aisle provides adequate separation and distance for vehicles backing out of garages and guest parking spaces and adequate separation for two-way traffic (12 feet per travel lane). f. A pedestrian circulation system that is separated from the 24 foot wide driveways is also provided that would allow sufficient and safe access to the adjacent public streets. g. Adequate emergency access would be provided by the central 30 foot wide driveway which is wide enough to accommodate emergency vehicles. The project would be conditioned to prohibit parallel parking along this central access way. The project has been reviewed and approved by the Fire Department. CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 10 3. HILLSIDE DEVELOPMENT REGULATIONS, CHAPTER 21.95: The project site contains slopes of 15% or greater and an elevation differential greater than 15 feet, therefore, a Hillside Development Permit is required. Before the Planning Commission approves the Hillside Development Permit for the project, Title 21, Chapter 21.95, Section 21.95.030 requires that the Planning Commission make the following findings: (1) 'That hillside conditions and undevelopable areas of the project have been properly identified". The site's hillside slope conditions and undevelopable areas have been identified on Constraints Exhibit "QQ" dated, October 6, 1993. (2) 'That the development proposal and all applicable development approvals and permits are consistent with the purpose, intent, and requirements of this chapter and that the project design substantially confonns to the intent of the concepts illustrated in the hillside development guidelines manual". a). All manufactured cut and fill slopes are 1andfomVcontour graded and do not exceed a height of 30 feet. b). The project's cut/fill grading volumes of 4,281 cubic yds. per graded acre falls within the "acceptable range'' of 0 - 7,999 cubic yds./acre. c). Landscaping in conformance with the Zone 20 Specific Plan would be provided on all manufactured slopes to assist in visually screening the slopes and to reduce slope erosion. (3) 'That no development or grading will occur in those portions of the property which are undevelopable pmant to the provisions of Section 21.53.230 of this code". All undevelopable areas have been identified and no development or grading would occur in the areas containing 25 to 45%+ slopes. The project contains riparian habitat and this area would be preserved. (4) 'That the project design and lot configuration minimizes disturbance of hillside lands". The proposed grading would create building pads that are terraced and step down the slope. CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 11 4. INCLUSIONARY HOUSING ORDINANCE, CHAPTER 21 -85: The Inclusionary Housing Ordinance implements the inclusionary objectives of the Housing Element (Objective 3.61, and at a minimum, the project would be required to provide not less than 15% of all proposed residential units affordable to lower income households. The project proposes 152 dwelling units, therefore, 15% of those units would yield a minimum requirement to provide 23 housing units affordable to lower income households. The applicant is proposing to meet the affordable housing requirement of the project by providing forsale homes within the condominium portion of the site plan. The project would be conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to Final Map approval. The Affordable Housing Agreement is a legally binding agreement between the applicant and the City which provides the specific details regarding the implementation of the affordable housing requirements of the Zone 20 Specific Plan and subsequent conformance with the City's Housing Element. D. CITY COUNCIL POLICY FOR SMALL LOT SINGLE FAMILY HOMES: This City Council policy provides guidelines to encourage the quality development of small- lot (less than 7500 sq. ft.) single-family projects. The intent of the guidelines is to ensure that the homes have building articulation on all four sides and will not appear as "row" housing. They are primarily designed to apply to projects where there is a predominance of two-story units. The project complies with these guidelines as illustrated on Exhibit "OO", dated October 6, 1993. The various homes contain one-story roof elements, proposed side yard setbacks equal or exceed seven feet, structures would be separated by at least 18 feet, the homes would have offsetting building planes on all four sides, and all have varying roof elements. E. SUBDMSION ORDINANCE. TITLE 20: The proposed tentative map would comply with all the requirements of the City's Subdivision Ordinance, Title 20. The project is conditioned to provide adequate erosion control, desiltation and drainage, and a temporary sewer lift station would be provided to lift the project's sewage up to a sewer line in Paseo Del Norte. The location of this temporary lift station shall be determined by the Water District during final project design. The Water District has expressed interest in locating the sewage pump station on the community park to the north to serve both properties. The project would provide the following public street improvements: (1) full public improvements on Hidden Valley Road within the project's boundary; (2) half street improvements plus 12 feet of paving on the portion of Hidden Valley Road that lies along the subdivision boundary; (3) full public improvements of the streets and utilities interior to the project as shown on the tentative map; and, (4) completion of public street improvements on the north side of Camino de las Ondas along the project frontage based on a half street width of 34 feet. To proviQe access to Poinsettia Community Park, the CT 92-0l/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 12 FACILITY applicant has already agreed to dedicate 2.2 acres 0, right-of-way to accommodate Hi Valley Road from Camino de las Ondas, through the project site to the park. COMPLIANCE wi?" IMPACTS STANDARDS .en CITY ADMINISTRATION LIBRARY WASTE WATER TREATMENT F. MEUO I1 LOCAL COASTAL PROGRAM: 528.5 sq. ft. Yes 281.8 sq. ft. Yes N/A Yes The project is located in the Mello It Local Coastal Program (LCP) and complies with the plan as follows: PARKS DRAINAGE All grading avoids steep coastal sage covered slopes and riparian areas per the requirements of the Coastal Resource Protection Overlay Zone. The project would be conditioned to provide adequate drainage, siltation, and erosion control facilities as part of the approved grading permit. The grading operation would be limited to the summer construction season: April 1 thru October 1: 1.06 ACRES Yes N/A Yes The project contains vacant non-prime agricultural land containing Class 111 and lV soils and is located in the Coastal Agricultural Overlay Zone (Site 11). The Mel1o.H LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. The project would be conditioned to comply with one of the three LCP mitigation options provided when projects are located in Site 11: (1) "Prime Land Exchange"; (2) "Determination of Agricultural Feasibility"; or (3) "Agricultural Conversion Mitigation Fee". OPEN SPACE SCHOOLS GROWTH MANAGEMENT: 4.3 ACRES Yes CUSD Yes SEWER COLLECTION SYSTEM WATER DISTRIBUTION SYSTEM 152 EDU Yes 33,440 GPD Yes L I 11 CIRCULATION I 1440 ADT I Yes II II Station # 4 Yes CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10 COSTA DO SOL NOVEMBER 3, 1993 PAGE 13 The project is 20.3 dwelling units below the Growth Management Dwelling unit allowance of 172.3 for the property. H. ENVIRONMENTAL, REVTEW/TITLE 19 AND CEOA The project site is located within the boundaries of Zone 20 Specific Plan (SP 203) which covers the 640 acre Zone 20 planning area. The direct, indirect, and cumulative environmental impacts from the future development of the Zone 20 planning area have been discussed in the Final Environmental Impact Report (EIR 90-03) for the specific plan. Additional project level studies have been conducted including soils investigation, biological analysis, traffic study, archaeology evaluation, and a drainage study. These studies provide more focused and detailed project level analysis and indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-03 would not result from implementation of the project. This project is in prior compliance with Final EIR 90-03 and would not create any additional significant environmental impacts. The recommended and applicable mitigation measures of Final EIR 90-03 would be included as conditions of approval for this project. IV. SUMMARY AND RECOMMENDATION The proposed project: (1) is consistent with the general plan; (2) complies with the Zone 20 Specific Plan; (3) meets the requirements of Title 21 and the finding for the Site Development Plan can be made; (4) complies with the Mello I1 Local Coastal Program; (6) is in conformance with Growth Management; and (7) is in compliance with the mitigation requirements of Final EIR 90-03, and will not significantly impact the environment, therefore, staff recommends approval of CT 92-01/PUD 92-01/SDP 93-04/HDP 92-10. AlTACHMENTS 1. Planning Commission Resolution No. 3546 2. Planning Commission Resolution No. 3547 3. Planning Commission Resolution No. 3548 4. Planning Commission Resolution No. 3549 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment Form 8. Disclosure Form 9. Full size Exhibits "A"-'TT"', dated October 6, 1993. September 3, 1993 JG:km:lh 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3546 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 112 PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS ON CASE NO: CT 92-01 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recordefs Office, July 6, 1977. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 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 Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 92-01, based on the following findings and subject to the following conditions: Findill=: 1. The project is consistent with the Zone 20 Specific Plan since the overall proposed density of 5.3 dus/acre is within the density range of 4-8 dus/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The project is in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional significant adverse environmental impacts. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant 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. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. 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. The proposed project is compatible with the surrounding future land use since surrounding properties are designated for residential development on the general plan. PC RES0 NO. 3546 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. The project is consistent with all policies of the Mello I1 Local Coastal Program. The tentative map satisfies all requirements of the Title 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act. General Planninz Conditions: 1. 2. 3. 4. 5. 6. 7. Recommendation of approval is granted for CT 92-01, as shown on Exhibits "A" - "TT", dated October 6, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This project shall comply with all conditions and mitigation measures which may be required as part of, the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City 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 occupancy. This note shall be placed on the final map. This project is also approved under the express conditions that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated January 14, 1992, a copy of which is on rile 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. Water shall be provided to this project pursuant to the Water Service Agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the conditions complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. PC RES0 NO. 3546 -3- 1 2 3 4 5 6 7 e 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. 15. 16. Approval of CT 92-01 is granted subject to the approval of PUD 92-01, SDP 93-04 and HDP 92-10. The project is also granted subject to approval of SP 203 and certification of Final EIR 90-03. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. The applicant 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 establishes 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 RM. The Growth Control Point for this designation is 6 dwelling units per nonconstrained 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." Prior to approval of the final map, the applicant shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. If the approval is substantially different, an amendment to (X 92-01 shall be required. The applicant 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. The applicant 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 applicant shall establish a homeowner's association and coi-responding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. PC RES0 NO. 3546 -4- 1 2 3 4 5 6 7 e 9 1c 11 1% 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 17. 18. 19. 20. 21. 22. The CC&R’s shall include provisions specifying: (1) Homeowneis Association maintenance responsibility for all natural open space, slope maintenance easements, and landscape easements, as shown on the approved tentative tract map and landscape plan ((3 92-01), which is on file in the Planning Department; (2) The central recreational facilities on Lot 91 shall be made available for use by all the residents in the project, including the condominium portion of the site plan; (3) For single-family lots, all room additions, enclosed structures, jacuzzis, spas or solariums that require a building permit shall conform to the setback and coverage requirements of the R-1 Zone and the accessory structure standards of Title 21 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building pennit application. Prior to the issuance of the building permit there shall be a Notice of Restriction placed on the deed to this property subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned P-velopment Permit, Site Development Plan, and Hillside Development Permit by Resolutions No.’s 3547,3548, and 3549, on the real property owned by the declarant. 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. Said Notice of Restriction may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. All roof appurtenances, including air conditions, shall be architecturally integrated and concealed from view and sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. In the condominium portion of the project all visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director prior to occupancy of individual units. 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. Trash receptacle areas in the condominium portion of the project shall be enclosed by a six foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Dkector. The enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. PC RES0 NO. 3546 -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 23. 24. 25. 26. 27. 28. For the condominium portion of the project an exterior lighting plan including parking areas shall be submitted for Planning Director approval prior to issuance of building permits. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The applicant shall submit a wall and fencing plan subject to Planning Director approval prior to issuance of building permits. The layout and design of the active recreational uses on Lot 91, including the active play courts, are specifically not approved as part of this site plan. Prior to issuance of a building permit the applicant shall submit a revised plan subject to approval of the Planning Director. Prior to issuance of a building permit the applicant shall submit detailed building elevations and floor plans of the recreational buildings subject to approval by the Planning Director. Prior to approval of the final map or issuance of building permits, whichever occurs first, the applicant shall nom, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this project that a community park site is located adjacent to this project to the north. Prior to final map approval, the applicant shall be required: (1) to consult with U.S. Fish and Wildlife Service (FWS) regarding the impact of the project on the Coastal California Gnatcatcher; and (2) be issued any permits required by the FWS. Affordable Housing Conditions: 29. 30. 31. This project is approved, subject to the condition that the required income restricted units shall be constructed concurrent with the project's market rate units. The project shall construct housing units affordable to persons and families of lower income and comply with all the requirements of the Affordable Housing Plan of the Zone 20 Specific Plan (SP 203). Prior to final map approval, an Affordable Housing Agreement shall be required to be submitted by the applicant to the City, approved by the Planning Director and Director of Housing and Redevelopment, and completed and recorded as a deed restriction on those units of the project which are designated for the location of low-income affordable units. The Affordable Housing Agreement shall be binding to all future owners and successors in interest. The Affordable Housing Agreement, for which the inclusionary housing requirement will be satisfied through new construction of inclusionary units, on-site, and shall establish, but not be limited to, the following: (a) (b) The number of inclusionary dwelling units proposed; The unit size(s) (square footage) of the inclusionary units and the number of bedrooms per inclusionary dwelling units; PC RES0 NO. 3546 -6- 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. The proposed location of the inclusionary units; Tenure of affordablity for inclusionary units (30 years minimum); Schedule for production of the dwelling units; Incentives and/or financial assistance provided by the City; ’ Where applicable, terms and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable inclusionary dwelling units; Where applicable, terms and conditions governing the initial sale of for-sale inclusionary units; and Standards modifications granted by the City. Prior to approval of the final map, if the project‘s Inclusionary Housing requirements are not satisfied within the multi-family condominium portion of the project site, the 24 foot wide private driveways leading to the RV storage area and parking spaces shall be redesigned to meet the Planned Development Ordinance standard of 30 feet, subject to approval by the Planning Director. Sim Conditions: 33. Prior to occupancy of any of the apartment or condominium units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. 34. 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. 35. 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. Landscape Conditions: 36. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the approval of grading or building permits, whichever occurs first. 37. All landscaping shall comply with the Landscape Requirements of the Zone 20 Specific Plan (SP 230). 38. Prior to approval of the landscape and ixrigation plans, all manufactured off-site slopes created by this project shall be landscaped to the satisfaction of the Planning Director, and shall include at a minimum, landscaping to control erosion and to provide visual screening of the slopes. 39. Prior to approval of the final map, the applicant shall establish the following easements: PC RES0 NO. 3546 -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 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. a. A 10 foot landscape easement along Camino de las Ondas and Hidden Valley Road; b. A 12 to 16 foot landscape easement along the northern property line between the single-family portion of the project and the community park. These landscape easements shall be planted by the applicant per the landscape requirements of the Zone 20 Specific Plan prior to occupancy of individual units. All building pad and street areas that are graded and remain vacant or undeveloped for a period of more than 6 months after the grading operation is completed shall be hydroseeded to reduce erosion and visual impacts. tf grading is phased, the six month time period shall start at the completion of each individual grading phase. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The developer shall install street trees at the equivalent of 40-fOOt intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. The developer shall avoid trees that have invasive root systems, produce excessive litter and/or too large relative to the 1ot.size. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifylng that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. PC RES0 NO. 3546 -8- c 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 50. 51. 52. 53. 54. 55. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. The minimum shrub size shall be 5 gallons. The number of trees in the project shall be equal to or greater than the number of residential units. 20% of the required trees in the project shall be 24" box or greater. Prior to approval of the detailed landscape plan, the Recreational Vehicle Storage area shall be visually screened from the public right-of-way with landscaping, or a wall, or a combination of both, to the satisfaction of the Planning Director. Prior to approval of the hal map an irrevocable offer of dedication to the City of Carlsbad, Open Space District or other similar entity designated by the City of Carlsbad, for a perpetual easement for public trails over, upon and across lot(s) 11, 12, 32-42, as shown on the tentative map shall be made on the final map for trails that are part of the Carlsbad Trail System, see Exhibit "IC', dated November 3,1993. If prior to recordation of final map, the City of Carlsbad adopts the financing mechanism necessary to implement the Carlsbad Trail System, the trails shown on the tentative map shall be constructed prior to occupancy of the first unit (within a phase), and shall be constructed by the developer, pursuant to the guidelines of the Open Space and Conservation Resource Management Plan, and dedicated to the City of Carlsbad. If the City of Carlsbad accepts dedication of the trajl easement, the City shall assume responsibility, maintenance and liability for the trail(s). tf prior to recordation of final map, the City of Carlsbad does not adopt the financing mechanism necessary to implement the Carlsbad Trail System, the applicant will not be required to construct the proposed trails. Said trail easement shall be maintained by the Homeowner Association as shall be stated in the CC&R's. Environmental Conditions: 56. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello I1 Local Coastal Program the applicant shall implement one of the following three mitigation options prior to approval of the final map: a. Preserve prime agricultural property within the Coastal Zone consistent with Sections 30241 and 30242, or cluster new development consistent with Section 30250, of the Coastal Act; or b. Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation Option 2 of the Local Coastal Program; or PC RES0 NO. 3546 -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 57. 58. 59. c. Provide payment of an agricultural mitigation fee, the amount of which is $10,000 for each converted acre. Compliance with APCD Rules 51 (The "Nukance" Rule), 52 (Particulate Matter), and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust impacts generated during grading operations. A note shall be placed on the grading permit stipulating that the following measures shall be required to achieve compliance with these rules, and reduce construction-related air pollutants: a. b. C. d. e. f. g. h. The watering of all surfaces being graded and haul routes shall be required during dry weather conditions. All unpaved areas shall be revegetated according to approved landscape plans as soon as possible after grading. All construction-related traffic shall be restricted to routes that are dust-controlled, and reduced speed limits shall be maintained for all haul and construction vehicles. All construction activities shall be limited during periods of high winds. All heavy-duty, diesel-powered construction equipment shall be operated according to manufacturers suggested operating instruction (with the fuel-injection timing retarded to recommended levels for NO, emissions, but which would not result in excessive visible smoke emissions) in order to control pollutant emissions. Construction equipment shall be subject to regularly scheduled maintenance/tune-ups, and be turned off when not being utilized to avoid excessive idling emissions. The application of architectural coating and cut-back asphalt shall adhere to APCD Rules 67.0 and 67.7, to effectively control other construction-related emissions of air pollutants. The Engineering Department shall monitor for compliance during all grading operations of the project. The Homeownem Association shall obtain and distribute to owners and tenants annual information from Caltrans and North County Transit regarding the availability of public transportation, ride-sharing, and transportation pooling services in the area. This information shall also be provided in the sales of the project. A condition so stating this shall also be placed in the CC&R's for the project. The applicant shall provide the following noise mitigation measures to comply with the current Noise Policy: PC RES0 NO. 3546 -10- 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60. 61. 62. 63. 64. a. Prior to approval of the final map or issuance of building permits, whichever occurs first, the applicant shall prepare and record a notice that this property may be subject to impacts from the overflight, sight, and sound of aircraft operating from Palomar Airport (see Noise, Form #2 on file in the Planning Department). The notice shall be prepared in a manner meeting the approval of the Planning Director and the City Attorney. - b. The applicant shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise, Form #3 on file in the Planning Department). Prior to approval of a grading permit a detailed soils testing and analysis report shall be prepared by registered soils engineer and submitted to the Planning Department and County Health Department for review and approval. The report shall idenhfy a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous pesticides or other chemicals are detected at high concentrations in the soil. Prior to occupancy of individual units a solid wall or fence, and landscaped windbreaks shall be installed along the perimeter of any future developable area that abuts property under "open field" cultivation, in order to reduce public nuisance effects of adjacent pesticide spraying and dust generation from farm vehicles and operations. Prior to approval of the hal map or issuance of a building permit, which ever occurs first, a minimum 25-foot wide open space easement shall be provided between "open field agricultural operations and the adjacent lot lines of future developable areas on-site. This buffer area may be located on the adjacent agricultural property. Prior to approval of a final map or issuance of a building permit, which ever occurs first, an infrastructure improvement plan shall be submitted to the Planning and Engineering Departments for review and approval by the Planning Director and City Engineer. This plan shall illustrate the temporary road connections required to maintain continued access to adjacent agricultural properties that could be impacted by future roadway improvements. Drainage water from buildings, streets, parking lots, and landscaped areas within the project shall be disposed of through stormdrains or otherwise in a manner that wiU avoid any runoff onto agricultural areas whether planted or fallow. All runoff agricultural and urban shall conform with the National Pollution Discharge and Elimination System Peht requirements pursuant to San Diego Regional Water Quality Control Board Order No. 9042, adopted by City Council Resolution No. 90- 235. PC RES0 NO. 3546 -11- 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 20 65. 66. 67. 68. 69. .... Prior to approval of the final map or issuance of building permits, whichever occurs first, the applicant shall nonfy, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this project that this area is subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the owners, users, and tenants occupy this area at their on risk. Paleontology: a. b. C. d. e. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director. Prior to issuance of a building permit the project shall comply with the City of Carlsbad's standards for solid waste management. All grading shall comply with the recommendations of Geotechnical Exploration, Inc., incorporated in the Geotechnical Engineering Investigation dated April 18, 1989, and June 4, 1992, on file in the Planning Department. Prior to approval of a hal'map, improvement plans shall be submitted to the Engineering Department showing locations and sizing of reclaimed and or urban runoff diversion facilities, in accordance with the Carlsbad Municipal Water District requirements and the phasing schedule provided in the Zone 20 LFMP. Reclaimed water facilities shall be constructed in all major roadways within the project. PC RES0 NO. 3546 -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 20 Ennineerinn Conditions: 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. This project is located within the Mello I1 Coastal Plan. All development design shall comply with the requirements of that plan. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The applicant shall be responsible for coordination with S.D.G.& E., Pacific Bell Telephone, and Cable TV authorities. This project is approved specifically as 1 (single) unit for recordation. The applicant shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&R’s subject to the approval of the City Engineer prior to final map approval. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or deniecr at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.11 O(a) (2) Carlsbad Municipal Code. The applicant 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. Prior to approval of the final map, the owner shall enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. The owner of the subject property shall execute a Hold Harmless Agreement regarding drainage across the adjacent prior to approval of the final map for this project. PC RES0 NO. 3546 -13- 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 80. 81. 82. 83. 84. 85. 86. 87. This project is located in the CFD District No. 1. As required by state law, prior to the recordation of a final map over any of the subject property, a segregation of assessments must be submitted for all subdivided lots. By applying for a segregation of assessments, the applicant agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the applicant pays off the assessment on the subject property prior to the recordation of the final map. tn the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of each new lot. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to final map approval, the applicant must submit and receive approval for grading plans in accordance with City Codes and standards. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The owner shall make an offer of dedication to tlx 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. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. The drainage system shall be designed to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results prior to final map approval, issuance of building or grading permits, whichever occurs first. The applicant shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the PC RES0 NO. 3546 -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 88. 89. 90. City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. AU single family residential lots abutting camino de las Ondas and Hidden Valley Road shall have access rights to these streets relinquished on the final map. The multi-family lot, Lot 115, shall relinquish all access rights to Hidden Valley Road on the final map except for one entrance access opposite Atlantic Drive as shown on the tentative map. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. B. C. D. E. Completion of public street improvements on the north side of Camino de las Ondas along the project frontage based on a half street width of 34 feet. Full public street improvements on Hidden Valley Road within the project boundaries. Half public street improvements plus 12 feet of paving on the portion of Hidden Valley Road lying on the project boundary. Improvement shall be based on a full right-of-way width of 68 feet and a half street width of 34 feet. AU or portions of these Hidden Valley road improvements may be installed by a City Project. Pursuant to a reimbursement agreement with the City this condition or portions of this condition may be met by that project. Full public street improvements on all the interior streets, Atlantic Drive Copacabana Drive, Sugarloaf Drive, Ipanema Drive, Tijuca Drive and Rio Branco Drive as shown on the tentative map. The existing detention-desilt basin located offsite on APN 214471-52 at the South-West comer of Poinsettia Lane and Batiquitos Drive shall be modified to conform to existing basin standards. This project may be eligible to apply for a partial reimbursement for the modifications. An offsite sewer outfall line or an outfall system with line, temporary lift station, and force main to the satisfaction of the District Engineer of the Carlsbad Municipal Water District. A note to this effect 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. The storm drain system as shown on the tentative map is specifically not approved. The system shall be redesigned to meet current City Standards. In particular, the inlets shown in the curb return areas shall be relocated out of the cub return area PC RES0 NO. 3546 -15- 1 2 3 4 5 6 7 € 9 1c 11 12 1: 14 1: 1E 15 1E 1: 2c 21 22 2: 24 ' 2: 2E 25 28 91. 92. 93. 94. and the storm drain in Camino de las Ondas shall be relocated to be within seven feet of the curb line. The storm drain that outlets on Lot 42 shall be extended into the natural drainage course through an appropriate energy dissipator. The slope shown on the Northeast comer of Hidden Valley road and Camino de las Ondas shall be moved back in order to create a standard comer sight triangle. All lots that have comer sight triangles (Lots 1, 2, 16, 17, 21, 56, 57, 68, 69, 104, 114, and 115) are restricted against having any obstruction, structure or landscaping over 30 inches in height as measured !?om the curb grade. The comer sight triangle is defined as an area between the curb and a line dram between two points measured 25 feet from the back of curb of each end of the curb return. A notice of restriction to this effect shall be recorded on each such lot concurrent with or prior to the final map. The applicant shall underground all existing overhead utilities along the subdivision boundary prior to issuance of building permits. Fire Conditions: 95. 96. 97. 98. 99. 100. 101. Additional on-site public water mains and fire hydrants are required. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. 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. All security gate systems controlling vehicular access shall be equipped with a "Knox", key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. 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 PC RES0 NO. 3546 -16- 1 2 3 4 5 6 7 8 9 1c 11 1% 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 Landscape Guidelines Manual. Applicant shall submit’a Fire Suppression plan to the Fire Department for approval. 102. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. Water District Conditions: 103. 104. 105. 106. 107. 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 are met. The developer shall be responsible for all fees, deposits and charges which will be collected at time of issuance of the building pennit. The San Diego County Water Authority capacity charge which will be collected at issuance of application for meter installa tion. Sequentially, the Developers Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan for potable, reclaimed and sewer systems prior to the preparation of improvement. 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. ‘“is note shall be placed on the final map. Developer shall be responsible for the following systems: A. Install 12” potable water line in Hidden Valley Road from Camino De Las Ondas to north of subject project. Developer shall be eligible for reimbursement if oversizing of waterline occurs. B. Install 8” reclaimed water line in Hidden Valley Road from Camino De Las Ondas to north of subdivision. PC RES0 NO. 3546 -17- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 C. D. huant to Local Facilities Management Plan Zone 20(a), the subject project will be served through an 8" local trunk line to be located in the future Hidden Valley Road and gravity flow into the San Marcos Interceptor. The installation and cost of the 8" local trunk line will be the responsibility of the developer. Developer shall be responsible for all onsite and offsite expenses. Any temporary service alternates must be approved by the District Engineer. The district has an existing 6" potable waterline along the easterly property line developer shall relocate at his expense. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : ATTEST: MICHAEL J. HOLZMILLER PLANNING DIRECTOR PC RES0 NO. 3546 BALEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION -18- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3547 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT TO UNITS ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL DEVELOP 112 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM CASE NO: PUD 92-01 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder's Office, July 6, 1977. has been filed with the City of Carlsbad and referred to the Planning Conimission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 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 PLANNED DEVELOPMENT PERMIT. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD 92-01, based on the following findings and subject to the following conditions: 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 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The project is consistent with the Zone 20 Specific Plan since the overaU proposed density of 5.3 dus/acre is within the density range of 4-8 dudacre specified for the site as indicated on the Land use Element of the General Plan, and is at or below the growth control point of 6. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The project is in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional si@cant adverse environmental impacts. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant 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. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. PC RES0 NO. 3547 -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 11. 12. 13. 14. .... The granting of this permit will not adversely affect and will be consistent with Chapter 21.45, the Zone 20 Specific Plan, and all adopted plans of the City and other governmental agencies, because the project is consistent with Chapter 21.45, the Zone 20 Specific Plan, the General Plan, and the Local Coastal Program, because it meets all the Planned Development standards, and single-family and multi-family residential land uses would be developed at the appropriate lot size and residential density. The proposed use is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, because the development of small lot single-family homes and condominiums would provide a balance and mix of residential land uses within the Zone 20 Specific Plan. A majority of the residential development planned for the specific plan area would be standard single-family homes on 7,500 to 10,OOO sq. ft. lots. The development of higher density condominiums would also provide some affordable housing for lower income households which would create a more diversified and balanced community. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, because the project is designed to avoid the riparian drainage area in the northwestern comer of the site. This open space would connect with the open space on Poinsettia Park to the north. Drainage facilities would be provided concurrent with development of the project to reduce erosion and flooding. AU manufactured slopes would be landscaped to prevent erosion and to visually screen the slopes. With the exception of private street width as discussed in Planning Commission Resolution No. 3548 for the project's Site Development Plan, the proposed planned development meets all of the minimum development standards set forth in Section 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual for the following reasons: a. The local streets in the single-family portion of the project would have curb gutters, and sidewalks on both sides, and have 36 to 40 feet of paving. This exceeds the 30 foot minimum street width standard. b. The project would provide a mixture of one and two-story homes, and condominiums units which have varied roof lines, and a variety of front building elevations and front yard setbacks. c. Adequate recreational vehicle storage space would be provided in one area and be sufficiently screened from the public right-of-way and surrounding properties. PC RES0 NO. 3547 -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 15. 16. 17. d. The single-family homes would have two and three car garages which would meet the parking and storage requirements of the ordinance, and guest parking would be provided on both sides of the streets. The condominiums have garages and carports for the residents with guest parking dispersed along the central driveway. e. A 10 foot landscaping setback is provided adjacent to Hidden Valley Road and Camino de las Ondas. In addition, a six foot high masonry wall in conjunction with a heavily landscaped, 12 to 16 foot setback, would be provided along the northern property line to buffer the project from the Poinsettia Community Park to the north. The community park also contains a 20 to 25 foot landscaped setback adjacent to the common property between the two land uses. The proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances sigdicant natural resources on the site, because the project meets all the requirements of the Hillside Development Regulations and Guidelines. The manufactured slopes would be landscaped, the lots would terrace down the slope towards the northwest to conform with the topography. The homes have roof lines that are varied and relate to the topography. In addition, the northwestern comer of the site would be preserved to protect the riparian drainage that flows to the north. The project's circulation system is designed to be efficient and well integrated with the project and does not dominate the project. The local streets in the project would have 30 to 4-0 feet of paving and connect to Hidden Valley Road which is a non-loaded collector street. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have underground utilities. The 30 foot central driveway within the condominium portion of the project is adequate to handle the vehicular traffic and accommodate emergency vehicles. The proposed project's design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, because the proposed project meets all City standards and the proposed residential density is consistent with the General Plan (5.3 dus/acre). The proposed residential land uses are compatible in scale, architecture, and building materials with the multi-family residential development to the west and south. Public street improvements would be provided to accommodate traffic generated by the project and the project must comply with all the circulation and public facility requirements of Local Facilities Management Plan Zone 20. The adjacent properties to the west, south, and east have either existing multi-family residential development or are planned for multi-family residential development, therefore, the proposed small lot single-family and multi-family residential development would be compatible with the surrounding neighborhood. A six foot high masonry wall and adequate landscape buffers and setbacks would be provided along the northern property to minimize impacts between the residential and community park land uses. PC RES0 NO. 3547 -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 20 Gend Plannin~ Conditions: 1. Recommendation of approval is granted for PUD 92-01, as shown on Exhibits "A" - "TT", dated October 6, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. Approval of PUD 92-01 is granted subject to the approval of CT 92-01, SDP 93-04 and HDP 92-10. All conditions of approval for the CT 92-01 as contained in Planning Resolution No. 3546 are applicable and incorporated through this reference. 2. 3. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOLZMILLER PLANNING DIRECTOR PC RES0 NO. 3547 BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION -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 PLANNING COMMISSION RESOLUTION NO. 3548 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN TO DEVELOP ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMIN0 DE LAS ONDAS. CASE NAME: COSTA DO SOL 112 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS CASE NO: SDP 93-04 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder's Office, July 6, 1977. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of SDP 93-04, based on the following findings and subject to the following conditions: 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 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The project is consistent with the zone 20 Specific Plan since the ovd proposed density of 5.3 dus/am is within the density range of 4-8 dus/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The project is in compliance with the adopted mitigation measures of Final Environmental tmpact Report 90-03 and would not create any additional sifificant adverse environmental impacts. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant 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. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. PC RES0 NO. 3548 -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 11. That the project is in conformity with the General Plan and adopted poliaes and goals of the City, and it would have no detrimental effect on public health, safety and welfare for the following reasons: a. b. C. d. e. f. g- The project is consistent with the General Plan and the Zone 20 Specjdic Plan, and the project would not have a significant impact on the envin>nment. The condominium buildings would maintain a 15 foot setback from the public right-of-way and a 5 foot setback from internal driveways. The project would provide adequate onsite parking and circulation to serve the needs of the residents and their guests, and it would not impact the availability of offsite street parking. Sidewalks and drainage facilities would be provided along the project's public street frontages to serve the project. The existing Planned Development Ordinance requires at a minimum 30 foot wide private street/driveways, however, the Planning commission finds that the proposed 24 foot wide private driveway would be adequate to provide safe and efficient traffic circulation and vehicle turn movements to the parking area and Recreational Vehicle storage area. The Citfs Parking Ordinance requires a minimum standard width of 24 feet for a two-way traffic aisle containing ninety degree parking on both sides. A 24 foot driveway aisle provides adequate separation and distance for vehicles backing out of garages and guest parking spaces and adequate separation for two-way traffic (12 feet per travel lane). A pedestrian circulation system that is separated hm the 24 foot wide driveways is also provided that would allow sufiiaent and safe access to the adjacent public streets. Adequate emergency access would be provided by the central 30 foot wide driveway which is wide enough to accommodate emergency vehicles. The project would be conditioned to prohibit parallel parking along this central access way. The project has been reviewed and approved by the Fire Department- General Pldz Conditions: 1. Recommendation of approval is granted for SDP 93-04, as shown on Exhibits "A" - 'TI"', dated October 6, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. .... PC RES0 NO. 3548 -3- 1 2 a 4 5 6 7 8 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 20 2. Approval of SDP 93-04 is granted subject to the approval of CT 92-01, PUD 92-01 & HDP 92-10. 3. All conditions of approval for the CT 92-01 as contained in Planning Resolution No. 3546 are applicable and incorporated through this reference. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOLZMILLER PLANNING DIRECTOR PC RES0 NO. 3548 ~~ BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION -4- 1 2 3 4 5 6 7 e 9 1c 13 12 12 14 15 1E 17 IC 19 2c 23 22 22 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3549 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE LOTS AND 40 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL DEVELOPMENT PERMIT TO DEVELOP 112 SINGLE-FAMILY CASE NO: HDP 92-10 WHEREAS, axverified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recordeis Office, July 6, 1977. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 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 HILLSIDE DEVELOPMENT PLAN. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES HDP 92-10, based on the following findings and subject to the following conditions: FindiIl!ZS: 1. The project is consistent with the Zone 20 Specific Plan since the overall proposed density of 5.3 dus/acre is within the density range of 4-8 dudacre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the pwth control point of 6. 1 2 3 4 5 6 7 8 9 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. The project is consistent with all City public facility policies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The project is in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional significant adverse environmental impacts. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant 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. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. That hillside conditions and undevelopable areas of the project have been properly identified, because the site's hillside slope conditions and undevelopable areas have been identified on Constraints Exhibit "QQ" dated, October 6, 1993. That the development proposal and all applicable development approvals and permits are consistent with the purpose, intent, and requirements of this chapter and that the project design substantially conforms to the intent of the concepts illustrated in the hillside development guidelines manual for the following reason: PC RES0 NO. 3549 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 13. 14. a. All manufactured cut and fill slopes are landform/contour graded and do not exceed a height of 30 feet. b. The project's mt/fYl grading volumes of 4,281 cubic yds. per graded acre falls within the ''acceptable range" of 0 - 7,999 cubic yds./acre. C. Landscaping in conformance with the Zone 20 Specific Plan would be provided on all manufactured slopes to assist in visually screening the slopes and to reduce slope erosion. That no development or grading will occur in those portions of the property which are undevelopable pursuant to the provisions of Section 21.53.230 of this code, because all undevelopable areas have beenidentilied and no development or grading would occur in the areas containing 25 to 45%+ slopes. The project contains riparian habitat and this area would be preserved. That the project design and lot configuration minimizes disturbance of hillside lands, because the proposed grading would create building pads that are terraced and step down the slope. General Planning - Conditions: 1. 2. 3. ... ... ... ... ... ... ... Approval for HDP 92-10, as shown on Exhibits "A"-'"TT'', dated October 6, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibits. Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this permit. Approval of HDP 92-10 is granted subject to the approval of CT 92-01, PUD 92-01 & SDP 93-04. All conditions of approval for the CT 92-01 as contained in Planning Resolution No. 3546 are applicable and incorporated through this reference. PC RES0 NO. 3549 -3- 1 2 3 4 5 6 7 a 9 IC 11 12 13 14 15 16 17 ia 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 3rd day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 1 BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER PLANNING DIRECTOR PC RES0 NO. 3549 4- BACKGROUND DATA SHEET CASE NAME: Costa Do Sol APPLICANT: Aharon Abada REQUEST AND LOCATION: 112 single-family homes and 40 condominium units LEGAL DESCRIPTION: County Recorder's office, July 6, 1977 Parcel 2 of Map 6136. Citv of Carlsbad. filed and recorded San Diego APN: 214-140-40 Acres 29.2 Proposed No. of Lots/Units 112 Lots & 40 Condo units GENERAL PLAN AND ZONING Land Use Designation Residential Medium Density Allowed 6 dus/acre Density Proposed 5.3 Existing Zone pC Proposed Zone N/A Surrounding Zoning and Land Use: Requirements) (See attached for information on Carlsbad's Zoning Zoning Land Use Site PC Vacant North PC/CUP Community Park Vacant South RD-M Multi-Family East RD-M-Q Vacant West PC Multi-Family PUBLIC FACILITIES School District Carlsbad Water District Carls bad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 152 EDU Public Facilities Fee Agreement, dated December 14, 1993 ENVIRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued Certified Environmental Impact Report, dated Other, Final EIR 90-03. September 14. 1993 Jcr m I CT QZ-Ol/PUD 92-01/ COSTA DO SOL I SOP 93-04/HDP 92-10 CI'IY OF WBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPAmS ASSESSMENT FORM (To be Submitted with Development Application) FILE NAME AND NO: COSTA DO SOL - CT 92-O1/PUD 92-01/SDP 93-04/HDP 92-10 LOCAL FACILIIY MANAGEMENT ZONE: 20 GENERAL PLAN: RM ZONING: pC DEVELOPER'S NAME: PHONE NO.: (619) 459-5820 ASSESSOR'S PARCEL NO: 214-140-40 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 29.2 GROSS ACRES/ 152 DUs A. B. C. D. E. F. G. H. I. 3. K. L. City Administrative Facilities: Demand in Square Footage = 528.5 Library: Demand in Square Footage = 281.8 Wastewater Treatment Capacity (Calculate with J. Sewer) N/A Park: Demand in Acreage = 1.06 Drainage : Demand in CFS = N/A Identify Drainage Basin = N/A (Identify master plan facilities on site plan) Circulation: Demand in ADTs = 1440 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = NO. 4 Open Space: Acreage Provided - JhL Schools: N/A (Demands to be determined by staff) Sewer: Demand in EDUS - 152 Identify Sub Basin - N/A (Idenw trunk line(s) impacted on site plan) Water: DemandinGPD - 33.440 The project is 20.3 units below the Growth Management Dwelling unit allowance. JG lun Dl SCLOS L'RE STATEMENT 2 following informa!icn must be disclosed: ADnlicant bst the names and addresses of all persons 6121 8OMANY D;i, SAPJ DIEGO, CX 92120 Owner List the names and addresses of all persons SA?IF .a-q ARnvF having a financial interest in the application. having any ownership interest in the property involved If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any pamershlp interest in the partnership. If any person identified pursuant to (1) or (2) abovo is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficlaw of the trust. c Moo013 8/90 sclosure Statement Orerj , Page 2 kave you Pad rcre than 5250 +mRh of business transacted Nith any member of City staH zsarsr Ccmmiss,cns. Cornrnlt!ees acd Ccuncil within the past twelve months? VBS - No If yes, pease indicate person(s) Attach additionaf pages as necessary ) AHARON ABADA Print or type name of owner DANY ABADA RCE 45381 Print or type name of applcant FRM00013 8/90 r.