HomeMy WebLinkAbout1994-01-13; Housing Commission; MinutesMinutes of: HOUSING COMMISSION
Time of Meeting: 6:OO P.M.
Date of Meeting:
Place of Meeting:
January 13, 1994
CITY COUNCIL CHAMBERS
CALL TO ORDER:
Chairman Scarpelli, called the Regular Meeting to order at 6:OO p.m.
PLEDGE OF ALLEGIANCE:
The pledge of allegiance was led by Commissioner Rombotis.
ROLL CALL:
Present: Chairman Scarpelli, Commissioners Avis, Escobedo, Noble, Peterson, Rombotis,
Sato, Well man,
Absent: Commissioner Calverley
Staff Present: Evan Becker, Housing and Redevelopment Director
Reggie Harrison, Housing Program Manager
Debbie Fountain, Senior Management Analyst
Leilani Hines, Management Assistant
Clint Phillips, Senior Management Analyst
Jeff Gibson, Associate Planner
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA:
There were no requests to address the Commission.
APPROVAL OF MINUTES:
ACTION: Motion by Commissioner Rombotis, and duly seconded, to approve the Minutes of the
Regular Meeting of December 9, 1993, as submitted.
Chairman Scarpelli, Commissioners Escobedo, Noble, Peterson, Rombotis, Sato
VOTE: 6-0
AYES:
NOES: None
ABSTAIN: None
NEW BUSINESS:
The applicants in attendance at the meeting were given notice that they had the right to be heard before a
full Commission. Each applicant indicated that they wished to proceed tonight.
Evan Becker, Housing and Redevelopment Director, gave a brief report to the Commission on the
affordable housing process. He also discussed the affordable housing agreement and financing
arrangements which could take place to implement affordable housing.
Commissioners Avis and Wellman arrived at 6:09 p.m.
1. AFFORDABLE HOUSING PROJECT/MASTER PLAN - MARINERS POINT APARTMENTS
[AHP #94-1) - Request for approval of a recommendation to the City Council to approve the
development of a 176 apartment unit Affordable Housing Project within the Mariners Point Master
Plan.
HOUSING COMMISSION January 13,1994 PAGE 2
Evan Becker, Housing and Redevelopment Director, reviewed the background of the request and stated
that larger dwelling units to serve families are the most substantial affordable housing need at the present
time. The proposed project provides many larger units. Approximately 30% of the project will be three bedroom. The developer wants to begin construction of the affordable units concurrent with construction
of the market units. At the present time, no financial assistance for the project is being recommended by
staff. However, if it is determined that financial assistance is needed, an affordable housing agreement
would have to be reviewed by the Housing Commission and the City Council. Staff recommends approval
of development of the project.
Chairman Scarpelli is concerned about the wording of the resolution because it specifically recommends
an approval "with no" commitment at this time for financial assistance. He wants to make sure the door
isn't closed for financial assistance if it is needed. Mr. Becker advised the Commission that this particular
wording would not preclude the possibility of the City providing financial incentive if necessary. He stated that the applicant has indicated acceptance of staffs verbal assurance to work out some financing should it
be needed.
Chairman Scarpelli announced that this was not a public hearing. He then invited the applicant to speak.
Dorian Johnson, Vice President of Bramalea, 100 Bayview Circle, Newport Beach, CA 96200, addressed
the Commission and stated that they have been working on this project for about four years and they
concur with the staff report. Bramalea is close to completing a mitigation agreement with the Carlsbad
Unified School District, which seems to be the last hurdle before the project is presented to the City
Council. He advised the Commission that Bramalea is not in the business of constructing affordable
housing and, as a result, they brought in someone who specializes in inclusionary housing projects. He is
happy with the proposed resolution as it is worded and is willing to explore all options when and if financial
assistance is needed.
Sergio Alvarez, President of American Housing, 3901 MacArthur Boulevard, Newport Beach, CA 92660,
addressed the Commission and stated that the proforma for the project is very accurate and they will need
$3.6 million to complete the project. The driving force behind this program are the people on Wall Street
who purchase the tax credits. American Housing has been involved in several inclusionary projects, the
latest project being in San Bernardino. The grand opening for the San Bernardino project was held
yesterday and it is already 50% occupied.
Chairman Scarpelli opened the item for discussion among the Commission members.
Chairman Scarpelli advised staff that he is not comfortable with the proposed resolution because it does
not define what type of financial assistance might possibly be needed for the project. He wants staff to be
aware that if assistance is needed, it should be given full consideration.
Commissioner Avis is comfortable with the project and the proforma and believes the wording of the
resolution is acceptable. He did not believe that the Commission should change the resolution.
ACTION: Motion was made by Commissioner Avis, and duly seconded, to adopt Resolution No.
94-001 recommending approval of the development of the proposed 176 multi-family
unit affordable housing project known as Mariner's Point Apartments, with no
commitment at this time to providing the requested financial assistance for the project.
Chairman Scarpelli, Commissioners Avis, Escobedo, Noble, Peterson, Rombotis, Sato,
Wellman
VOTE: 8-0
AYES:
NOES: None
ABSTAIN: None
HOUSING COMMISSION January 13,1994 PAGE 3
2. AFFORDABLE HOUSING PROJECT/MASTER PLAN - COSTA DO SOL (AHP #94-2) - Request
for approval of a recommendation to the City Council to approve the development of a proposed
23 unit condominium, for-sale Affordable Housing Project within the Costa Do Sol Master Plan.
Debbie Fountain, Senior Management Analyst, reviewed the background of the request and stated that this
is a for-sale project targeted to households earning 80% of the County median. In effect, it is a first time
home ownership program for low income families. There will be 1 12 single family units and 40
condominiums. No assistance has been requested from the City on this project. It will be privately
financed. Staff recommends approval because the project meets the needs of small and large families.
Chairman Scarpelli announced that this was not a public hearing. He then invited the applicant to speak.
Don Agatep, 2956 Roosevelt, Carlsbad, representing the applicant, Aaron Abada, addressed the
Commission and stated that he supports the staff recommendation. He urged the Commission's approval.
However, since the subject of financial assistance was discussed, he suggested that the City could
encourage developers to provide affordable housing by lowering some of the impact fees. Impact fees
represent 15% of the price of the units.
Chairman Scarpelli opened the item for discussion among the Commission members. Hearing none, he
called for a motion.
ACTION: Motion was made by Commissioner Rombotis, and duly seconded, to adopt Resolution
No. 94-002 recommending approval of the development of the proposed 23 unit
affordable housing condominium project within the Costa Do Sol Master Plan.
Chairman Scarpelli, Commissioners Avis, Escobedo, Noble, Peterson, Rombotis, Sato,
Wellman
VOTE: 8-0
AYES:
NOES: None
ABSTAIN: None
3. AFFORDABLE HOUSING PROJECTIMASTER PLAN - SAMBI SEASIDE HEIGHTS (AHP #94-3) -
Request for approval of a recommendation to the City Council to approve the development of a
proposed 63 unit garden apartment Affordable Housing Project within the Sambi Master Plan.
Debbie Fountain, Senior Management Analyst, reviewed the background of the request and stated that the
overall development will provide 129 single family homes, 76 townhomes, 72 condominiums, and 72
apartment units. The affordable housing units will comprise 63 of the 72 apartment units. Staff feels good
about the project and recommends approval.
Chairman Scarpelli announced that this was not a public hearing. He then invited the applicant to speak.
Don Agatep, 2956 Roosevelt, Carlsbad, representing the applicant, Tokoyhara America, Inc., addressed
the Commission and stated that he concurs with the staff report. He urged the Commission's approval and
stated that he would be happy to answer questions, if any.
Chairman Scarpelli opened the item for discussion among the Commission members. Hearing none, he
called for a motion.
HOUSING COMMISSION January 13,1994 PAGE 4
ACTION: Motion was made by Commissioner Rombotis, and duly seconded, to adopt Resolution No. 94-003 recommending approval of the development of the proposed 63 apartment
units of affordable housing within the Sambi Master Plan.
Chairman Scarpelli, Commissioners Avis, Escobedo, Noble, Peterson, Rombotis, Sato, Wellman
VOTE: 8-0
AYES:
NOES: None
ABSTAIN: None
4. RESIDENTIAL REHABILITATION PROGRAM - Request for approval of a recommendation to the
City Council to approve the agreement between the City of Carlsbad and the County of San Diego for
administration of a residential rehabilitation program to be operated within Carlsbad.
Leilani Hines, Management Assistant, reviewed the background of the request and stated that the
proposed residential rehabilitation program, funded with $90,000 in federal Community Block Grant Funds,
would provide loans and grants to low and moderate-income persons throughout the City to assist in the
rehabilitation of owner-occupied single family homes or mobile homes. The program would enable eligible
Carlsbad homeowners to physically maintain or improve their homes and enable them to live in decent,
safe, and sanitary housing. The Housing Authority of the County of San Diego would administer the
program from February 1, 1994 through September 30, 1994, upon execution of an agreement to do so.
Staff proposes that the Housing Commission recommend to the City Council that they approve the
proposed agreement between the City of Carlsbad and the County of San Diego for administration of this
assistance program for Carlsbad residents.
Chairman Scarpelli opened the item for discussion among the Commission members. Hearing none, he
called for a motion.
ACTION: Motion was made by Commissioner Rombotis, and duly seconded, to adopt Housing
Commission Resolution No. 94-004 recommending to the City Council approval of a
residential rehabilitation program for property owners of single-family dwellings and
mobile home units within the City of Carlsbad, and to execute an agreement between the
City of Carlsbad and the County of San Diego for the administration of such residential
rehabilitation program.
Chairman Scarpelli, Commissioners Avis, Escobedo, Noble, Peterson, Rombotis, Sato,
Wellman
VOTE: 8-0
AYES:
NOES: None
ABSTAIN: None
OLD BUSINESS:
5. HOME APPLICATION FOR RENTAL ASSISTANCE FUNDS
Reggie Harrison, Housing Program Manager, announced that he hac received notice from the State of
California that the City did not receive the additional rental assistance funding which we had applied for
and that we were 5.25 points short of the threshold. His observation was that the disbursement trend was
more towards construction and rehab projects rather than rental assistance. He stated that he had written a
letter to the State expressing Carlsbad's disappointment and requesting comments from them on the
strengths and weaknesses of the application. Mr. Harrison stated that we can reapply for funding again in
September 1994.
HOUSING COMMISSION January 13, 1994 PAGE 5
ANNOUNCEMENTS:
Chairman Scarpelli took a few moments to express his appreciation to the Commission for their unanimity
and focus on the goals of the Commission. He congratulated staff on their excellent staff reports.
ADJOURNMENT:
By proper motion, the Regular meeting of January 13, 1994 was adjourned at 7:56 p.m.
Respectfully submitted,
n
-b &l&&w&d ANBECKER
\ Housing and Redevelopment Director
BETTY BUCKNER
Minutes Clerk
NB-ITEM 1
@- 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 - MARINER’S
POINT -
Request for recommendation of approval of a proposed 176 unit Affordable
Housing Project known as Mariner’s Point Apartments. The project is part of the
development for Tentative Tract Map # 91-12 and SDP #91-11.
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 94-001 RECOMMENDING
APPROVAL of the development of the proposed 176 multifamily unit affordable housing project
known as Mariner’s Point Apartments with no commitment at this time to providing the
requested financial assistance for the project.
11. PROJECT BACKGROUND AND DESCRIPTION
On November 17, 1993, Bramalea California, Inc. received a recommendation from the
Planning Commission for approval of a Tentative Tract Map, Site Development Plan and
Hillside Development Permit to subdivide and construct 186 single-family homes and 176 one,
two and three bedroom apartment units. The project is subject to the Inclusionary Housing
Requirement which means that the applicantldeveloper would be required to provide a minimum
of 55 units of housing affordable to low income households.
The applicant’s affordable housing proposal indicates that all 176 of the apartment units will be
restricted to lower income households at 40%, 50% and 60% of the county median. Therefore,
the applicant’s actual inclusionary housing requirement is only 28 units. If the proposal is
approved by the City Council, the applicant will exceed the project’s affordable housing
obligation by 148 units; there will be excess affordable housing units available to either the City
or other private developers.
In addition, the project is required to provide at least 10% of lower income units in three (3)
bedrooms. The applicant is proposing that 30% (or 54 total) of the affordable units be 3
bedroom units.
MARINER’S POINT APARTMENTS
PAGE 2
HOUSING COMMISSION - 1/13/94
III. APPLICANT/DEVELOPER TEAM INFORMATION
The development team for the proposed affordable housing project is as follows:
Applicant: Bramalea California, Inc.
Developer: American Housing Producers
Architect: Dorius Architects
Engineerh) : Hunsaker and Associates (Civil)
IV. AFFORDABLE HOUSING PROJECT DESCRIPTION/LOCATION
The project will be located on the north side of the intersection of Camino De Las Ondas and
Aldenvood Road, approximately 1/2 mile east of Paseo De Norte in Specific Zone Area 20. The
parcel number for the property is 214-140-42.
The project will provide 176 garden style apartments which will include 48 1-bedroom units
(approx. 650 sq.ft. each), 74 2-bedroom units (approx. 950 sq.ft. each) and 54 3-bedroom units
(approx. 1100 sq.ft. each).
Special amenities of the project will include a clubhouse, pool and spa, playground with tot lot
equipment, outside family areas with BBQs and picnic tables, patios and laundry rooms.
The design and quality of the affordable housing project will be consistent with that of the
proposed market rate product. The applicant has attached a portfolio of the developer’s,
American Housing Producers, most recent development activity in the affordable housing market
for information of the Housing Commission.
V. TERMS OF AFFORDABILITY
The applicant has proposed that the units remain affordable for 55 years for families at the
following income levels:
0 37 (21 %) of the units will be affordable to households at 40% of the county median;
0 52 (30%) of the units will be affordable to households at 50% of the county median; and,
0 87 (49%) of the units will be affordable to households at 60% of the county median.
MARINER'S POINT APARTMENTS
PAGE 3
HOUSING COMMISSION - 1/13/94
Bedroom Size
1
2
3
Total
The following chart provides a breakdown of bedroom sizes by income levels:
40% of median 50% of median 60% of median
10 14 24
15 22 37
12 16 26
37 52 87
The applicant intends to begin construction on the units in October, 1994 and complete
construction by October, 1995. Construction of the affordable housing units will commence in
the initial phase of construction for the single family homes.
VI. FINANCIAL INFORMATION ON AF'FORDABLE HOUSING PROJECT
The applicant will apply for tax credits from the California Tax Credit Allocation Committee.
In addition, the applicant is requesting local financial assistance in the amount of $3,600,000 in
return for the additional 148 units of excess affordable housing within the subject project.
At this time, staff is not making a recommendation to commit financial assistance to the
proposed affordable housing project. Staff will continue to work with the applicant/developer
to determine the level of financial participation that can be provided by the City of Carlsbad.
It is staff's preference to have private developers collaborate on their own in such a manner that
"Combined Projects" result in a source of outside equity needed in order to allow an affordable
project or more affordable units to be feasible. Participation in Combined Projects will be
governed by the Inclusionary Housing Ordinance which requires the City to be a party to an
Affordable Housing Agreement. The agreement will include provisions related to the purchase
and sale of credits for the purpose of satisfying an inclusionary obligation through a Combined
Project. In this way, the City will be approving the transactions but will not own or collect funds
for the credits; the transaction will occur between two private developers.
Although staff is not eliminating the possibility that the City may need, or desire, to assist the
subject affordable housing project, staff will first encourage the applicant to work with other
local private developers/builders who also have an inclusionary housing requirement to produce
a Combined Project.
MARINER'S POINT APARTMENTS
PAGE 4
HOUSING COMMISSION - 1/ 13/94
VII. FINANCIAL FEASIBILITY OF THE PROPOSED PROJECT
It is staff's opinion that the proforma presented by the applicant fairly presents a preliminary
project financing plan and identification of the potential subsidy requirements given the level of
affordability for the project. Staff will work with the applicant to refine the development cost
figures and the sources and uses of funds. Also, staff will indicate to the applicant/developer that
other "outside" sources of subsidy, in addition to the tax credit equity, must be explored.
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 affordable housing requirements of the approved Zone 20 Specific
Plan. The applicant has proposed to provide 176 units of affordable housing which exceeds the
15 % .Inclusionary Housing Requirement for the market rate units and the number of 3 bedroom
units (30%) in the project exceeds the City's 10% requirement.
Carlsbad's Comprehensive Housing Affordability Strategy, or CHAS , indicates that families in
the very low income category represent the greatest population of need for affordable housing.
The City's first priority, as outlined in the CHAS, is to provide housing affordable to very low
income (50% or below of county median) renters. The applicant proposes to provide a total of
89 units affordable to households at 50% or below the county median. The applicant is ,also
proposing a satisfactory mix of 1, 2, and 3 bedroom units at the very low income levels.
The City's second priority related to renters, as outlined within the CHAS, is for low income
small and large families. The proposed project is consistent with the top priorities of the City
as related to new construction of affordable housing units.
M. SUMMARY
The Mariner's Point Apartment Affordable 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. As stated previously, staff is not
recommending any financial assistance to the project at this time. Staff may, at a later date,
return to the Housing Commission with a recommendation related to financial assistance once
the project plans have been refined in more detail with the applicant.
MARINER’S POINT APARTMENTS
PAGE 5
HOUSING COMMISSION - 1/13/94
X. EXHIBITS
1 - Housing Commission Resolution No. 94-001 adopting a recommendation to the City
Council to approve the Mariner’s Point Affordable Housing Apartment Project.
Housing Commission Review Application submitted by Bramalea California, Inc. 2 - ’
3 - American Housing Producers Portfolio of recent affordable housing projects.
4- Planning Commission Staff Report dated November 17, 1993.
5 - Site Development Plan for proposed Affordable Housing Project.
EXHIBIT 2
December 28,1993
TO : THE HONORABLE HOUSING COMMISSION
CITY OF CARLSBAD
FROM : BRAMALEA CALIFORNIA, INC.
SUBJECT: MARINER'S POINT APARWNTS
176 AFFORDABLE MULTIFAMILY UNITS
Bramalea California, Inc. as Applicant, and American Housing Producers as
Developer, hereby submit the attached application for your review and comments
on a proposed 176 unit Affordable Housing Project as part of the development for
Tentative Tract Map W'91-12 and SDP # 91-11.
The project meets and/or exceeds the Housing Needs and Priorities as expressed
in the City of Carlsbad's Housing Element and Comprehensive Housing Affordability
Strategy and is consistent with the Affordable Housing Policies as expressed in
the Inclusionary Housing Ordinance and the General Plan.
The project targets the housing needs for qualifying households of median income
levels of 40% and 50% considered very-very low income and very-low income
respectively, as well as households of 60% of the median considered low-income.
The project exceeds the 10% required three bedrooms by providing 30% of the units
(54 Units) to meet the need of housing large families. The Developer, American
Housing Producers proposes to extend the Affordability period to 55 years for
this project.
The project is consistent with the General Plan and the recently adopted Specific
Plan. This project is an integrated with the applicant's overall development plan
and Zone 20 Specific Plan. This project will generate an additional 148
affordable units meeting the inclusionary housing requirement for the development
of some 900 plus market rate units.
The design and the quality of construction for the project will be consistent
with that of a market rate product. Enclosed with this application is a brief
summary of American Housing Producer's most recent development activity in
Southern California of affordable multifamily projects with public agencies
assistance.
- -1 AHP* 9q-I
___z CITY OF CARLSBAD
HOUSING COMMISSION REVIEW APPLICATION
I. APPLICANT/DEVELOPMENT TEAM INFORMATION
Name of Applicant: Bramalea California Inc.
100 Bayview Circle STE, 2OO-,
Newport Beach, CA 92660 - Mailing Address:
Tele~hone No.: ( 714) 509-4694
Identify Development Team (ie., developer, builder, architect, etc.):
AMERICAN HOUSING PRODUCERS - DEVELOPER
DORIUS ARCHITECTS - ARCHITECT
HUNSAKER AND ASSOCIATES - CIVIL ENGINEERING
~~~ ~~- ~
II. GENERAL PROJECT INFORMATION
~~ ~
Project Name: MARINER'S APARTMENTS
Describe General Location of Project: .) on the northside of the intersection of Camino De Las Ondas and Alderwood Road, approximately 1/2 mile east of Paeso De Norte in Specific Zoning Area 20.
t-a
N/A Project Address:
Site Parcel No(s).: 214 - 140 - 42
Total Number of Affordable Units Required (if applicable): SEE NOTE #1
Total Number of Affordable Units Prouosed: 176
Type of Units (ie., garden apartments, detached, etc.):
GARDEN STYLE APARTMENTS -
Size (in square feet) of each Unit: 1B/R, 1B approx. 650 sqft; 2B/R, 2b approx. 950 sqft; 3B/R, 2B approx. 1100sqft.
Bedroom Size Distribution of Units: 48 - lB/r: 74 - 2B/R; 54 - 3B/R
~ ~~~~ ~~
Describe any special featurcs/amenitics to be included within project:
Clubhouse, pool and spa, playground with tot lot equipment; outside family areas
with BBQ'S pink tables, patio and laundry rooms.
Housing Commission Review Application .A
Page 1 12/8/93
I 111. TEIWS OF AFIiORDABILI'lY FOR AFFORDABLE UNITS (AITACII ADDITIONAL INI7ORMATION IF
NECESSARY)
Targeted Income Levels (as % of area median):
Target Population (ie., families, SeniOrs, etd:
Monthly Rent (by bdr. size) or Sales Price of Units:
1B/R @ 50% - $381
20% of units @ 40%; 30% @ 50%: 50% (a 608;
Families
1B/R @ 40% - $346
1B/R @ 60% - $440
2B/R @ 40% - $408
2B/R @ 60% - $560
3B/R @ 40% - $489
3B/R @ 60% - $593
2B/R @ 50% - $449 3B/R @ 50% - $515
55 YEARS Term of Affordability (ie., 30 yrs, life of project, etc.):
I
kojccted Schedule for Constructibn of Affordable IIousing Units:
Start construction - Octr 1994
Start lease - up - Jun, 1995 Complete construction - Octr 1995
If the affordable units are being constructed to satisfy the City Of Carlsbad's InclusionaQ' Housing requirement, how
will they be pllased with respect to construction of the market rate units? Please Explain Project Phasing:
Land development and site improvements for the proposed affordable project
and the market rate single family homes are in common and will be constructed
concurrently. If approved as proposed hereinr we anticipate,the entire multifamily project will commence construction with the initialphase of the single family homes.
IV. FINANCIAL INFORMATION ON AFFORDARLE HOUSING PROJECT
Identify any other project conditions which may be relevant lo project feasibility:
The project must reciveve approval for tax - credit from the California Tax Credit Allocation Comittee.
The City's continued cooperation in the completion of Hidden Vally Road.
Housine Commission Review Application I Page 2
.. 1218/93
Note #1-
Twenty eight units are required pursuant to the approved Tentative Tract Map #
CT 91-12 to mitigate 186 market rate single homes and twenty six units to
mitigate 176 multifamily units. However, since this application will provide all
the 176 multifamily units as affordable, there is no required mitigation for the
multifamily units. Therefore, the total required mitigation is 28 units. In
providing 176 affordable units, this project will generate 148 additional
affordable units.
Note #2-
A minimum of $3,600,000.00 in local assistance is required in order to provide
the additional 148 affordable units. We anticipate that the City will be able
to collect in-lieu fees for said 148 additional affordable units. This in-lieu
fees will far exceed the $3,600,000.00 of assistance to this project. Based on
current policy, 148 affordable units will generate in-lieu fees equal to:
- 148 affordable units
15% required ratio = 987 total market rate units
Based on the current in-lieu fee of $15,000.00 per market unit, the City may
collect $14,805,000.00 in fees.
One potential source of assistance may be the deferral of development impact fees
for the project, currently estimated at approximately $2,500,000.00.
MARINER'S POINT APARTMENTS - CARLSBAD /TAX CREDIT PROGRAM
INCOME & EXPENSE ANALYSIS START-UP PHASE
Units: 1 76 Start Constr:
Absorption: 20 Per/M Start Lease Up:
Lease Up:
Phases: 1 Each 90 % Occupancy:
Inflation on Revenue 3.00% Inflation on Expenses
8.80 Months 1st Move-In
20% UNITS @ 40% ;30% @ 50%; 50% i3 60% OF MEDIAN
1. RENTAL INCOME
PLAN UNITS BDRM/BA
A-40% 10 1Br/lBa
A-50% 14 lBr/lBa
A-60% 24 lBr/lBa
6-40% 15 2Br/2Ba
B-5OX 22 2Br/2Ba
B-60% 37 2Br/2Ba
C-4OX 12 3Br/2Ba
C-50% 16 3Br/2Ba
C-60% 26 3Br/2Ba
1
SP.FT.
65 0
650
65 0
950
950
95 0
1,100
1,100
1,100
11. OTHER INCOME
Laundry $4.50
Carports $0. 00
Garages $0.00
Total Monthly Income
GROSS ANNUAL INCOME
Less Vacancy &I 5.00%
ADJUSTED GROSS INCOME
Ill. LESS ANNUAL EXPENSES
Property Taxes
Insurance
Uti 1 it ies
Management
Advertising
Payroll
Maintenance & Repairs
Turnover
Grounds & Pool
Pest Control
Comnon Area Maint
Trash
General & Admin
Replacement Reserve
Total Expenses 52%
Total per Unit
RENTS @
IST MOVE-IN
Jun-95
$346
$381
$440
$408
$449
$560
$489
$514
$593
RENTS i3
90% OCCUP
f' Jan-96
$352
$388
$448
$415
$457
$570
$498
$523
$604
Oct-94
Jun-95
Jun-95
Jan-96
5.00%
RENTS @
12 MOS
Jun-96
$357
8393
8454
$421
$463
$577
$504
$530
$61 1
$792 $806 $816
$0 $0 $0
$0 $0 $0
$86,374 $87,954 $89,034
$1,036,488 $1,055,451 $1,068,412
($51,824) ($52,773) ($53,421)
$984,664 $1,002,679 $1,014,991
$131,777
$36,203
$37,840
$49,233
t21,600
$91,200
$30,800
$22,880
$1 4,960
$1,484
$1 1,440
$1 0,560
$13,907
$60 , 820
($534,704)
($3,038)
$133,384
$37,306
$38,994
$50,734
$22,259
$31,739
$23,578
$15,416
$1,529
$11,789
$1 0,882
$14,331
$62,675
($548,597)
($3,117)
$93,981
$134,476
$38,070
$39,792
$51,773
$22,714
$95,904
$32,389
$24,060
$15,732
$1 , 560
$1 2,030
$1 1 , 105
$14,624
863,957
($558,187)
($3,172)
NET OPERATING INCOME $449,960 $454,081 $456,804
Debt Coverage 63 91.00% 8409,464 $413,214 $415,692
CONSTRUCTION LOAN @ 8.50% Interest 811,497,500
APPRAISED VALUE $15,330,000 Loan:Value 75.00%
PERM.LOAN @8% 8.81% $4,647,713 Based on DCR
240 Days
255 Days
540 Days
MARINER'S POINT APARTMENTS, CARLSBAD, CALIFORNIA
CASHFLOW PROJECT SUMMARY TODAY'S DATE 23-Dec-93
ITEM INPUT BLDR. CNSTR.
FUNDS WT TOTALS EQUITY LOAN
........................ --------- _________ _________
........................ _-___--___ _---______ __________ ........................ --___----- _------___ __________
Rau land cost 2,000,000 2,000,000 0
School Fees 954,904 0 954,904
Predevelopnent 85,000 60,500 24,500
Legal/Title/Appraisal 79,200 29,908
Land improvement 1,545,138 0 1,545,138
Taxes and Insurance 97,000 0 75,000
Architectural & Engr 278,400 0 278,400
Direct construction 6,033,750 6,033,750
General Requirements 912,607 0 912,607
Amneni ties 350,000 350,000
Construction Loan Points 232,750 232,750
Construction interest 423,663 0 423,663
Interest Reserve 162,030 0 162,030
Marketing and Models 135,000 135,000
Permanent Loan Points 93,000 0 93,000
Rent-up /Working Capital 300,000 300,000 0
Fees and permits 2,587,200 2,587,200 0
Contingency 388,777 388,777
Developer Fee
Total Funds Out
SOURCES OF FUNDS
Permanent Loan
Tax Credit proceeds
Excess Affordability
TOTAL
USES OF DEVELOPER FEE
Adminstrative Expense
Syndication Costs
Opertating Guarantee
Developer Profit
TOTAL
1 , 750,000 1,750,000 0 --------- --------___ ____-_--_
$18,408,419 6,697,700 11,639,427
4,650,000
10,158,000
3,600,000
__--_____
$18,408,000
150,000
125,000
300,000
1,175,000 ---------
$1,750,000
V. REQUIRED AITACZIMENTS TO APPLICATION
The following items must be attachcd to this application:
I
0 Site Development Plan for Affordable Housing Units;
0 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:
0 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;
0 Development and Operating Financial Proformas indicating sources and uses of funds for the project, including
justification and identification of subsidy sources;
0 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.:
Brarnalea California, Inc.
t Beach, CA 92660 lie legal owner of the subject property and that the above information
Date 12/28/1993
Applicant
Signature: sq Ivu r Date 12/28/1993
1-
~ ~ ~ ~ ~~ v THE BOX BELOW IS FOR CITY USE ONLY
Application Received By: D& 'Fd
-<
i.' 'i
Staff Rccornmendation: Ad p -+-
. .- Date of Housing Commission Review: Jh3/99
Staff Rccornmendation: -+-
Date of Housing Commission .Review: J //3/99
f'
Action on Application by Housing Commission:
Other Comments:
Housing Commission Review Application
Page 3 . 12/8/93
DISCLOSURE STATEMENT
SPLICANT’S STATEMEM OF 31SCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQuiFE
XCAEilONARY ACTION ON 7t-G PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR CSMMITTEE
’
I
(Please Prinf)
The following information must be disclosed:
1.
2.
3.
4.
Applicant
List the names and addresses of all persons having a financial interest in the application. Bramalea California INC.
100 Bayview Circle STEr 200
Newport Beach, CA 92660 .
Owner -
List the names and addresses of all persons having any ownership interest in the property involved. Bramalea California INC.
100 Bayview Circle STEr 200
Newport Beach CA 92660
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.
Bramalea Limited
One Oueen East STEr 2300
Torontor ONT. Canada MSC-249
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. N/A
MOO013 8/90
2075 LaS Palmas Drive - Carlsbad. California 92009-4859 (619) 438-1 161
. ..
Disclosure Statement
5.
(Over)
Page 2
Have you had more than S250 worth of business transacted with any member of City staff. Ecarcr
Commissions, Committees and Council within the past twelve months?
Yes - No x If yes, please indicate person(s)
i - Person IS defined u: 'Any indwidual. firm. copartnership. joint venture. UsOCIatlOn. social club. fraternal organization. corporation. estate trust.
rece~vor. syndicalr. thio and any other county. cty and county. CnY municlpalrty. dmict or other polfiical subdivtrion. or any othar group 0)
combination acting aa a una' I I
Bramalea California, IrlC Bramalea California, Inc
Print or type name of owner Print or type name of applicant
FRM00013 8/90
EXHIBIT 4
APPLICATION COMPLETE DATE:
JULY 8. 1992
STAFF PLANNER: JEFF GIBSON &-
DATE:
TO:
FROM:
SUBJECT:
I.
STAFF REPORT
NOVEMBER 17, 1993
PLANNING COMMISSION
PLANNING DEPARTMENT
CT 91-12/SDP 91-11/HDP 91-25 - MARINERS POINT - Request for
recommendation of approval for a Tentative Tract Map, Site Development
Plan, and Hillside Development Permit to subdivide and construct 186 single-
family homes, and 176 - one, two, and three bedroom apartment units, all
on property generally located east of Paseo del Norte, and north of Camino
de las Ondas in the RDM-Q Zone and R-1-10,000-Q Zone in Local Facilities
Management Plan Zone 20.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution Nos. 3556, and
3557, recommending APPROVAL of CT 91-12, SDP 91-11, and ADOPT Planning
Commission Resolution No. 3558 APPROVING HDP 91-25, based on the findings and
subject to the conditions contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting recommendation of approval for a Tentative Tract Map, Site
Development Plan, and Hillside Development Permit to subdivide and construct 186 single-
family homes and 176 - one, two, and three bedroom apartment units on a gradually
sloping and rectangular lot located east of Paseo del Norte and directly north of Camino
de las Ondas. The parcel is located in the Coastal Zone, totals 68 gross acres, is
undeveloped, and mostly contains disturbed grassland habitat as a direct result of past
agricultural usage of the site.
The property has a split zoning and General Plan Land Use designation. The property is
located in the Residential Density-Multiple Zone with the Qualified Overlay Zone (RD-M-Q)
and in the One-Family Residential Zone with the Qualified Overlay Zone (R-1-10,000-Q).
The General Plan Land Use designation is Residential Medium (RM) and Residential
Medium Low (RLM). In addition, the project is subject to the requirements of the Zone
20 Specific Plan (SP 203) and Final Environmental Impact Report 90-3.
CT 91-12/SDP 91-11/HDP 91-25 - MARINERS POINT
NOVEMBER 17, 1993
PAGE 2
As shown on Exhibits "A" - "OO", the proposed project would consist of one and two story
single-family homes with three-car attached garages located on individual lots ranging in
size from 7,500 to 21,670 square feet. In the western portion of the project site on an 8.7
acre lot there would be two and three story apartment buildings containing one, two, and
three bedroom units all developed around a central 30 foot wide driveway and central
parking courts. Along the central 30 foot wide driveway that leads to future Hidden Valley
Road and Camino de las Ondas there would be a variety of resident and guest parking
spaces, trash enclosures, and one large active common recreation complex containing a
swimming pool, clubhouse, and restroom facility. The project would contain additional flat
grassy common passive recreation areas between buildings, parking areas and slopes. The
apartment buildings would contain one, two, and three bedroom units that range in size
from 797 to 1,219 square feet.
Per the requirements of the City's recently adopted Inclusionary Housing Ordinance, 15%
of the proposed dwelling units (55 affordable units) must be provided for lower income
households. The applicant is proposing to provide those affordable dwelling units within
the apartment 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 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, and vacant land to the east, north and west.
The future Poinsettia Community Park would be located approximately 100 feet to the
northwest across future Hidden Valley Road.
111. ANALYSIS
The proposed project is subject to the following land use plans, and ordinances:
A. Carlsbad General Plan: Land Use Element - (Residential Medium Low (RLM)
and Residential Medium (RM) Land Use Designations); Open Space
Element; and Housing Element;
B. Zone 20 Specific Plan (Specific Plan 203);
C. Carlsbad Municipal Code, Title 21;
1. Chapter 21.53, Section 21.53.120 - Site Development Plan -
"Affordable Housing";
2. Chapter 21.95, Hillside Development Regulations;
3. Chapter 21.85, Inclusionary Housing.
CT 91-12/SDP 91-11/HDP 91-25 - MARINERS POINT
I NOVEMBER 17, 1993
PAGE 3
D. Carlsbad Municipal Code, Title 20, Subdivision Ordinance; and the California
Subdivision Map Act;
E. Mello I1 Local Coastal Program;
F. Growth Management (Local Facilities Management Zone 20);
G. Carlsbad Municipal Code, Title 19, Environmental Protection Procedures; and
the California Environmental Quality Act (CEQA).
A. GENERALPLAN
LAND USE ELEMENT
The property has a Residential Medium (RM) and Residential Medium Low (RLM) General
Plan Land use Designation. The RM designation allows the development of low density
apartment or condominium developments that range in density from 4 to 8 dudacre with
a 6 dus/acre growth management control point. The RLMdesignation allows single-family
homes that range in density from 0 to 4 dwelling units per acre with a 3.2 dus/acre growth
control point. The project contains a combination of apartments and single-family homes
and therefore, is consistent with the land use designations of the General Plan.
OPEN SPACE AND CONSERVATION ELEMENT
The property contains no existing or approved General Plan open space, conceptual open
space and greenways, or any planned trail system links per the open space exhibits found
in the City‘s Open Space and Conservation Resource Management Plan. In addition, the
Zone 20 Specific Plan designates open space in the very northeastern corner of the
property. The project would preserve the steep coastal sage covered slopes located in this
portion of the project in protected open space.
The project would not preclude or negatively affect the attainment of any of the open space
action priorities designated in the Open Space and Conservation Resource Management
Plan for Zone 20, therefore, the project is consistent with the Open Space and Conservation
Element of the General Plan.
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 55
apartment 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.
CT 91-12/SDP 91-11,"L~t 91-25 - MARINERS POINT
NOVEMBER 17, 1993
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:
1.
2.
3.
4.
5.
6.
7.
8.
The project conforms to all aspects of the General Plan and applicable City
ordinances, regulations and policies.
As conditioned the project provides coordination between surrounding developments
through the provision of roadway connections with properties to the north, east and
south.
The residential land uses are compatible with the existing multi-family residential
land use to the south.
The project does not preclude the provision 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 a combination of single-family lots ranging in size from 7,500 to
over 10,000 square feet and apartment units available to low income households
that would be located close to a 42 acre City park and adjacent to a collector street
creates a well planned, yet diversified community.
The project is located within the Commercial Overlay Zone and would provide a
small commercial area on the east side of future Alga Road. This site may be
developed for commercial uses subject to a future Site Development Plan approved
by the Planning Commission. If access to the neighboring property to the east is
required in this location the site may only be large enough to accommodate a small
Recreational Vehicle Storage area.
To achieve densities conducive to the provision of affardable housing in Area "C",
the project transfers density from Areas "A" and "B" to Area "C". The specific plan
allows one area to be developed at a higher density than would normally be
allowed, subject to the remaining area being developed at a lower density for
purposes of affordable housing. The density transfer is allowed only if the overall
density of the area does not exceed the total number of housing units allowed under
the Growth Management Ordinance.
CT 91-12/SDP 91-11,"bP 91-25 - MARINERS POINT
NOVEMBER 17, 1993
LOT SIZE
LOT COVERAGE
FRONT YARD SETBACK
PAGE 5
REQUIRED PROPOSED
10,000 SQ. FT. 10,000 SQ. FT.
40% MAX. 39% MAX.
20 FEET 20 FEET
The project is located in Planning Area "A" of the Zone 20 Specific Plan and complies with
the required "Special Design Criteria" as follows:
STREET SIDE YARD
SETBACK
1. An average 50 foot setback from Alga Road would be provided.
10 FEET io FEETT
2. Noise mitigation measures for homes impacted by traffic noise from Alga Road
would be provided.
SIDE YARD SETBACK
REARYARDSETBACK
BUILDING HEIGHT
3. Enhanced landscaping would be provided along Camino de las Ondas and Alga
Road, and on the manufactured slopes between the terraced building pads.
5-10 FEET 5-10 FEET
10-20 FEET 20-90 FEET
30 FEET 18-24 FEET
4. The building elevations for the single-family homes and apartment buildings would
have a variety of materials, architectural accent features, articulated wall and roof
planes, varying roof heights and building massing, building street setbacks, and
curvilinear streets are provided.
The Zone 20 Specific Plan also designates the Residential Density-Multiple Zone with the
Qualified Development Overlay Zone (RD-M-Q) and the R- 1 One-Family Residential Zone
with the Qualified Development Overlay Zone (R-1-10,000-Q) of the City's Zoning
Ordinance as the implementing zones for development standards in the project.
The proposed project would comply with the standards of the R-1, RD-M, and Qualified
Development Overlay Zones as follows:
SINGLE-FAMILY RESIDENTIAL ZONE (R-l)/CHAPTER 21 -10
CT 91:12/SDP 91-11,"DP 91-25 - MARINERS POINT
NOVEMBER 17, 1993
PAGE 6
LOT SIZE
LOT COVERAGE
FRONT YARD SETBACK
STREET SIDE YARD
SETBACK
RESIDENTIAL DENSITY MULTIPLE ZONE (RD-M)/ CHAPTER 21.24
7,500 SQ. FT. 7,500 S. F. & 8.4 ACRES
60% MAX. 19%
10-20 FEET 21-35 FEET
5-10 FEET 15-30 FEET
--
SIDE YARD SETBACK
REAR YARD SETBACK
I REQUIRED I PROPOSED
. 5 FEET 40-50 FEET
10 FEET 15 FEET I BUILDING HEIGHT I 35 FEET 32-35 FEET
QUALIFIED DEVELOPMENT OVERLAY ZONE (Q)/ CHAPTER 21.06
The zoning for the property includes the Qualified Development Overlay Zone (Q),
therefore, before the Planning Commission recommends approval of the project to the City
Council, Title 21, Chapter 21.06, Section 21.06.020(b) requires the Planning Commission
to make the following findings:
1. 'That the requested use is properly related to the site, surroundings and
environmental settings, is consistent with the various elements and objectives of the
General Plan, will not be detrimental to existing uses or to uses specifically
permitted in the area in which the proposed use is to be located, and wiU not
adversely impact the site, surroundings or traffic circulation".
The project is consistent with the General Plan and 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 in Section G of this report. The
proposed residential land uses are compatible in scale, architecture, and building
materials with the multi-family residential development to the 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.
2. 'That the site for the intended use is adequate in size and shape to accommodate
the use"
The project site is rectangular in shape, the topography is gently sloping, and the
grading and development to accommodate streets and building pads would conform
to all required City ordinances as illustrated on the attached exhibits. The proposed
176 apartment units would be accommodated on the level building pad areas of the
lot without encroaching into the manufactured slopes located along the eastern
portion of the site.
3. 'That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained".
The project would be conditioned to provide a solid wall or fence, and landscaped
windbreaks 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 operations.
Single-family Residential Area:
a. Standard front, side and rear setbacks would be provided for each home, and
all homes would have three-car garages to satisfy offstreet parking
requirements.
b. The front yards of all the lots would be landscaped with 3 street trees of
varying sizes, a 10 foot planting easement is provided on both sides of
Camino de las Ondas, and the 50 foot setback along Alga Road would be
landform graded and heavily landscaped.
Multi-Family Residential Area:
a. The bulk and scale of the proposed two and three-story apartment buildings
would be compatible with the existing and surrounding residential
development to the south. The proposed multi-family residential land use
would provide an appropriate transition between the proposed single-family
land use to the east and the future community park land use to the
northwest. A 20 to 25 foot building setback along future Hidden VJey
Road and a 20 to 35 foot setback along Camino de las Ondas would provide
an adequate buffer between this project and the public streets.
The building pads for the apartments would be 20 feet lower in elevation
than the single-family homes to the east. The single-family homes would be
adequately setback a distance of approximately 27 to 40 feet from the top of
the slope that separates the two land uses. In the area of the apartment site
where the apartments are only approximately 5 to 10 feet below the grade
elevation of the homes to the east, there would be a public street separating
the two residential land uses. These slope separations and setbacks are
adequate to buffer the two land uses in terms of noise and visual aesthetics.
'
CT 91-12/SDP 91-11,"DP 91-25 - MARINERS POINT
NOVEMBER 17, 1993
PAGE 8
b. The design of the project would assure a unique mix of residential
development, and enhance the aesthetic quality of the area as follows:
.i. The street setbacks would be landscaped with a combination of trees
and shrubs to partially screen the residential structures from the
public streets.
.. 11. The building elevations would have textured stucco exteriors and tile
roofs, varied roof lines, architectural accent features and building
forms, and varied building facades.
... 111. The dwelling units would be orientated at various angles along the
driveway to provide an enclosure of space between the buildings and
to provide more visual interest when the project is viewed from the
public streets.
4. "That the street system serving the proposed use is adequate to properly handle aIl
traffic generated by the proposed use".
Single-Family Residential Area:
All the local, collector, and major streets, both within and offsite from this area,
would be constructed to City standards, have underground utilities, and contain
public sidewalks.
Multi-Family Residential Area:
a. The project would provide adequate onsite parking (348 parking spaces) and
circulation to serve the needs of the residents and their guests, and it would
not impact the availability of offsite street parking.
b. Sidewalks and drainage facilities would be provided along the project's street
frontages to serve the project. '
c. The proposed 30 foot wide central private driveway would be adequate to
provide safe and efficient traffic circulation, vehicle turn movements, and
emergency access. 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 parking spaces and adequate
separation for two-way traffic (12 feet per travel lane).
d. An internal pedestrian circulation system that is separated from the
driveways would be provided and it would allow sufficient and safe access
to the recreation facility and adjacent public streets.
CT 91-12/SDP 91-11/HLr 91-25 - MARINERS POINT
NOVEMBER 17, 1993
PAGE 9
e. Adequate access for emergency vehicles is provided by the central 30 foot
wide private driveway that leads from Hidden Valley Road to Camino de las
Ondas. The 30 foot wide driveway is wide enough to accommodate
emergency vehicles, and 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.
C. CARLSBAD MUNICIPAL CODE, TJTLE 21:
1. CHAPTER21.53, SECTION 21.53.120, SIlT DEVELOPMENT PLAN - "AFFORDABLE
HOUSINGf
The Carlsbad Municipal Code Section 21.53.120 requires a Site Development Plan for any
multi-family residential apartment development having more than 4 dwelling units or an
affordable housing project of any size.
This project would have 362 residential units of which 55 of those units must be
designated as affordable to lower income households. Lots within the proposed single-
family R-1-10000 portion (Unit "A") of the project do not meet the Zoning Ordinance's 75
foot lot width standard for R-1-10,OOO lots. An overall lot width average of 72 feet would
be maintained in Unit "A". A lot width ranging from 70 to 75 feet is adequate to
accommodate a home and still maintain side yard setbacks that meet the ordinance. This
reduction in lot width for a portion of Unit "A" allows approximately 9 additional single-
family units to be developed which reduces the financial burden to provide affordable units
elsewhere in the project. 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 waived under Section 21.53.120(c) DeveloDment 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.
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".
See the Section B of this report entitled Oualified DeveloDment Overlav Zone (0) for
additional findings of fact that also apply to this finding requirement of the code. An
average 3 foot reduction in lot width for a single-family lot would not preclude the
placement of a home on the lot, would not constrain access to the lot, nor substantially
reduce the physical separation of the homes when viewed from the public street. The
Zoning Ordinance currently designates 60 feet as the lot width for R-1-7500 single-family
CT 91-12/SDP 91-11/HDr 91-25 - MARINERS POINT
NOVEMBER 17, 1993
PAGE 10.
lots. All the lots in Unit "A" would still maintain a minimum of 10,000 square feet of lot
area.
2. 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, 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 "JJ" dated, November 17, 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 conforms to the intent of the concepts
illustrated in the hillside development guidelines manual".
a. All manufactured cut and fill slopes are landform/conrour graded and do not
exceed a height of 30 feet.
b. The project's cut/fill grading volumes of 8,915 cubic yards per graded acre
falls within the "potentially acceptable range" of 8,000 - 10,000 cubic
yards/acre. Included in these volumes is 43,200 cubic yards of grading for
Alga Road which is a circulation element roadway. When grading for Alga
Road is subtracted out of the grading calculations, the project's grading
volumes are reduced to 8,481 cubic yards per graded acre and are still within
the "potentially acceptable range".
Based on engineering standards and requirements to meet specific fixed
vertical and horizontal alignments for proposed Alga Road and the extension
of Camino de las Ondas, which is a non-loaded collector road traversing
across the entire project, the Planning Director and City Engineer recommend
approval of the proposed grading volumes.
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 erosion.
d. All structures and roofs within the project would be earth tone in color to
reduce visual impacts.
PAGE 11
e. A percentage of the homes along the nortwsouth trending and gently sloping ridgeline would be one-story in height and all homes would have varying
roof lines.
f. Homes are setback from the top of manufactured slopes from a range of 17
to 50 feet.
3. '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".
All undevelopable areas have been identified and no development or grading would
occur in the areas containing 25 to 45%+ slopes. The project contains no wetland
areas, riparian or woodland habitats, floodways, major power transmission
easements, beaches, or permanent bodies of water.
4. 'That the project design and lot configwation minimizes disturbance of hillside
lands".
The proposed grading would create building pads that are terraced for views and
step down the slope. A majority of the local streets and manufactured slopes are
curving and are aligned to follow the north/south trending contours. The street
alignments and curving landform graded slopes would reduce visual impacts created
by the grading and help simulate the natural slope conditions.
3. INCLUSIONARY HOUSING ORDINANCE, CHAPTER 21.85:
The Inclusionary Housing Ordinance implements the inclusionary objectives of the Housing
Element (Objective 3.6), 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 362 dwelling units, therefore, 15% of those units would yield a minimum
requirement to provide 55 housing units affordable to lower income households. The
applicant is proposing to meet the affordable housing requirement of the project within the
apartment portion of the site plan. Six (10% min.) of the affordable apartment units
would be three-bedroom and contain 1,219 square feet to accommodate larger families.
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.
CT 91-12/SDP 91-ll/HLr 91-25 - MARINERS POINT
NOVEMBER 17, 1993
PAGE 12
WASTE WATER TREATMENT
PARKS
D. GROWTH MANAGEMENT
362 EDU Yes
2.52 Acres Yes
The proposed project is located within Local Facilities Management Plan Zone 20 in the
Southwest Quadrant. The impacts on public facilities created by this project and
compliance with the adopted performance standards are summarized as follows:
DRAINAGE
CIRCULATION
COMPLIANCE WlTH
FACILITY 1 IMPACrrS I STANDARDS
N/A Yes
2926 ADT Yes
I 1
FIRE
OPEN SPACE
SCHOOLS
SEWER COLLECTION SYSTEM
WATER DISTRIBUTION SYSTEM
CITY ADMINISTRATION I 1262 Sq. Ft. I Yes
Station # 4 Yes
10.1 Acres Yes
CUSD Yes
362 EDU Yes
72,640 GPD Yes
LIBRARY I 673 Sq. Ft. I Yes
The project is 3.4 dwelling units below the Growth Management Dwelling unit allowance
for the property.
E. SUBDMSION ORDINANCE/ TITLE 20
The proposed tentative map would comply with all the requirements of the City's
Subdivision Ordinance, Title 20. Adequate drainage and sewer would be provided within
the proposed public streets. The project's drainage and sewer systems would flow south
into existing systems and towards Batiquitos Lagoon. Grading quantities would consist of
625,000 cubic yards of cut and fill that would be balanced onsite, thus eliminating the
impacts associated with export or importation of soil.
The project's proposed streets are adequate to handle its circulation needs as conditioned.
Street "L" as shown on the tentative map will not meet cul-de-sac standards. A condition
of approval has been added to ensure that the project comply with the Final EIR 90-03 and
Local Facilities Management Plan Zone 20 requirements for meeting cul-de-sac standards
and for the phasing of improvements for Alga Road. The applicant's proposal to comply
PAGE 13
with the cul-de-sac standard involves the use of a 20 foot drainage easement with grades
up to 20% that leads from the end of "L" Street to Camino De Las Ondas. That proposal
would also serve to circumvent the EIR and facility plan conditions for phasing of Alga
Road. The Engineering Department does not find that alternative acceptable.
As conditioned the project would provide the following public street improvements:
1. A traffic actuated signal at the intersection of Alga Road and Camino de las Ondas
shall be designed and guaranteed for future construction.
2. Alga Road between the subdivision boundary and Poinsettia Lane shall be
constructed with two inside lanes, full median curbing, all needed storm drain
facilities and all utilities that will be beneath the paved roadway sections. The City
Engineer may accept an alternate proposal that fulfills the need to provide this viral
roadway link that the residents of this project will use. This condition may be met
by another developer based on which developer wishes to proceed first.
3. Alga Road within the subdivision boundaries shall be constructed with full public
improvements to major arterial standards based on a right-of-way width 102 feet.
4. Hidden Valley Road within the subdivision boundaries shall have half street
improvements plus 12 feet of paving. An offsite portion of Hidden Valley Road from
Camino de las Ondas to the subdivision boundary shall be constructed for two lanes
of travel. This offsite portion of Hidden Valley Road is required in order to meet
the cul-de-sac policy for Unit "C"of this subdivision.
F. MELLO 11 LOCAL, COASTAL PROGRAM
The project is located in the Mello I1 Segment of the City's Local Coastal Program (LCP)
and complies with the plan as follows:
1. All grading avoids steep coastal sage covered slopes in the very northeastern comer
of the property 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 to October
1.
2. The project contains vacant non-prime agricultural land containing Class 111 and N
soils and is located in the Coastal Agricultural Overlay Zone (Site 11). The Mello 11
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"; and (3)
"Agricultural Conversion Mitigation Fee".
CT 91-12/SDP 91-ll/h-2 91-25 - MARINERS POINT
NOVEMBER 17, 1993
PAGE 14
G. ENVIRONMENTAL REVIEW/ 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.
The recommended mitigation measures of Final EIR 90-03 would be included as conditions
of approval for this project. 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.
N. 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 Titles 20 and 21; (4) findings for the Site
Development Plan can be made under Section 21.06.020 and 21.53.120; (5) complies with
the Mello I1 Segment of the Local Coastal Program; (6) is in conformance with Growth
Management; and (7) is in compliance with the rriitigation requirements of Final EIR 90-
03, and will not significantly impact the environment, therefore, staff recommends approval
of CT 91-12/SDP 91-11/HDP 91-25.
ATI'ACHMENTS
1. Planning Commission Resolution No. 3556
2. Planning Commission Resolution No. 3557
3. Planning Commission Resolution No. 3558
4. Location Map
5. Background Data Sheet
6. Local Facilities Impact Assessment Form
7. Disclosure Form
8. Reduced Exhibits
9. Full size Exhibits t'At-tlOO1l, dated November 17, 1993.
JG:km:lh:vd
September 20, 1993
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PLANNING COMMISSION RESOLUTION NO. 3556
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 186
PROPERTY GENERALLY LOCATED EAST OF PASEO DEL
NORTE AND NORTH OF CAMINO DE LAS ONDAS.
CASE NAME: MARINERS POINT
SINGLE-FAMILY LOTS AND 176 APARTMENT UNITS ON
CASE NO: CT 91-12
WHEREAS, a verified application for certain property to wit:
Southeast quarter of Section 21, Township 12 South, range 4
west San Bernardino Meridian, in the County of San Diego,
State of California, according to the official plat.
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 17th 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 Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A)
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That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 91-12, based Dn the following findings and subject
to the following conditions:
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PC RES0 NO. 3556
The project is consistent With the General Plan and Zone 20 Specific Plan since the
overall proposed density of 5.4 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.
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.
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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.
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 Planning Conditions:
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Recommendation of approval is granted for CT 91-11, as shown on Exhibits "A" -
"OO", dated November 17, 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
November 26, 1991, 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.
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tf any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law on
this project are challenged this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid,
this approval shall be invalid unless the City Council determines that the project
without the 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.
Approval of CT 91-12 is granted subject to the approval of SDP 91-11 & HDP 91-
25.
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 resolution/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 follotving 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 and RLM. The Growth Control Point
for these designations are 6 and 3.2 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".
PC RES0 NO. 3556 -4-
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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 91-12 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 corresponding
covenants? conditions and restrictions. Said CC&R’s shall be submitted to and
approved by the Planning Director prior to final map approval.
The CC&R’s shall include provisions specifying the Homeowneis Association
maintenance responsibility for all natural open space and slope maintenance
easements, and offsite manufactured slopes shown on the approved tentative map
and landscape plan (CT 91-12), which is on file in the Planning Department.
The developer shall provide a minimum of 25% of the single-family lots with
adequate sideyard area for recreational vehicle storage pursuant to City Standards.
The CC&R’s shall prohibit the storage of recreational vehicles in the required front
yard setback. Adjustments in the plotting of units as illustrated on the approved site
plan will be allowed in final Engineering to accommodate this requirement.
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 permit 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 Tentative Map, Site Development Plan, and Hillside
Development Permit by Resolutions No.3 3556, 3557, and 3558 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 Planniqg Director, Planning Commission or City Council
of the City of Carlsbad whichever has final decision authority for this project.
All roof appurtenances? including air conditioners? shall be architecturally integrated
and concealed from view and sound buffered from adjacent properties and streets,
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in substance as provided in Building Department Policy No. 80-6, to the satisfaction
of the Directors of Planning and Building.
In Area "C" 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 Unit "C" shall be enclosed by a six foot high masonry wall
with gates pursuant to City standards. The enclosure shall be of similar colors
and/or materials to the project to the satisfaction of the Planning Director.
For Area "c" 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.
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 establish a process to no@, 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 near this project to the northwest.
Prior to approval of the final map, the owner proposing a future neighborhood
commercial development of overlay designated property shall obtain Planning
Director approval of a program to disclose the potential commercial use to future
om& of the surrounding properties.
To service this development the project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit District. Said facilities shall
at a minimum include a bench, free from advertising, and a pole for the bus stop
sign. The bench and pole shall be designed in a manner so as to not detract from
the basic architectural theme of the project and said design shall be subject to the
approval of the Planning Director and North County Transit District.
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29. This project shall comply with the requirements of the Zone 20 Specific Plan (SP
203).
Affordable Housinx Conditions:
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This project is approved, subject to the condition that the required ratio of 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, shall establish, but not be limited to, the
following:
a. The number of inclusionary dwelling units proposed;
b. The unit size(s) (square footage) of the inclusionary units and
the number of bedrooms per inclusionary dwelling units;
c. The proposed location of the inclusionary units;
d. Tenure of affordability for inclusionary units (30 years minimUm);
e. Schedule for production of the dwelling units;
f. Incentives and/or financial assistance provided by the City;
g. Where applicable, terms and conditions establishing rules and
procedures for qualifjmg tenants, setting rental rates, filling
vacancies, and operating and maintaining units for affordable
inclusionary dwelling units;
Standards modifications granted by the City. h.
Sign Conditions:
33. Prior to occupancy of any of the apartment 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.
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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:
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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.
All landscaping shall comply with the Landscape Requirements of the Zone 20
Specific Plan (SP 230).
Prior to approval of the building permits, all manufactured offsite 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.
To provide play areas for children (in Area "C"), prior to approval of the hal
landscape plan, the development shall: (1) provide on the Landscape Plan flat turf
areas (minimum area - 100 square feet) between buildings, slopes, and parking
areas when feasible; and (2) two "tot lot" areas dispersed within the site.
Prior to approval of the find map, the applicant shall establish a 10 foot landscape
easement along the project's street frontage on both sides of Camino de las Ondas
and along the east side of Hidden Valley Road as shown on the tentative map.
These planting 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 seeded to reduce erosion and visual impacts. If 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 Pl-inning
Department.
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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 lot size.
Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying 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. .
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. One (1) gallon shrub sizes may be used
if it is deemed to be more beneficial for the long term survivability of the plants as
determined by the Planning Director.'
The number of trees in the project shall be equal to or greater than the number of
residential units.
Twenty percent (20%) of the trees in the project shall be 24" box or greater.
Environmental Mitination Conditions:
55. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello [I 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
Illustrate that continued or renewed agricultural use is not feasible per
the guidelines of Mitigation Option 2 of the Local Coastal Program;
or
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c. Provide payment of an agricultural mitigation fee, the amount of
which is $lO,OOO.OO for each converted acre.
Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Partidate 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:
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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.
AU 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.
Homeowners Association and apartment project owner shall obtain and
distribute to ownem 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 and rental offices of the project. A condition so stating this shall also
be placed in the CWs for the project.
The applicant shall provide the following noise mitigation measures to comply with
the current Noise Policy:
a. Prior to occupancy of individual units, the applicant shall construct a
six foot high noise attenuation wall on the top of the slope along Lots
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dated May 29,1992 and as shown on the Landscape Concept Plan for
the project, which is on file in the Planning Department. The said
wall shall be faced with stucco to be compatible with proposed
development, and have masonry pilasters and offsets with landscape
screening to reduce visual impacts along Alga Road.
To obtain an interior noise level of 45 CNEL, the windows and doors
in homes on Lots 52 through 56 must be closed, therefore, a
"windows closed condition is applicable and a mechanical ventilation
system with fresh air provisions in accordance with the Uniform
Building Code and Planning Department Policy No. 17 is required.
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 a proposed or
existing transportation comdor (see Noise, Form #1 on file in the
Planning Department) and 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
The applicant shall post aircraft noise notification signs in all des
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 pennit 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 identlfy a range of possible mitigation measures to remediate any potentially
sigdicant 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 final 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.
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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
will avoid any runoff onto agricultural areas whether planted or fallow. All runoff,
agricultural and urban, shall conform with the National Pollution Discharge and
Ehnhation System Permit requirements pursuant to San Diego Regional Water
Quality Control Board Order No. 9042, adopted by City Council Resolution No. 90-
235.
Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shall not@, 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.
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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. AU 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.
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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 Leighton and Associates
Incorporated in the Geotechnical Engineering Investigation and Geologic
Reconnaissance dated August 31, 1992, and on file in the Planning Department.
To reduce the visual impacts of the project, a percentage of homes along the
norWsouth trending and gently sloping ridgeline shall be one-story in height and
have varying roof lines.
All structures and roofs within the project shall be earth tone in color. Prior to
issuance of. the first building permit the applicant shall submit to the Planning
Department a sample color board depicting the proposed earth tones subject to the
approval of the Planning Director.
To reduce the visual impacts of manufactured slopes and roadway cuts, all cut and
fill slopes shall be landform-graded, contoured, and heady screened by landscaping
in conformance with Specific Plan 203. AU planted slopes shall be watered with a
complete irrigation system using low precipitation-rate sprinkler heads to stabilize
exposed slopes and curtail visual impacts associated with possible erosion.
Prior to approval of a final 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.
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.
Engineerinn Conditions:
73. The alignments, tangents and horizontal radii of the streets in this project are
specifically approved as shown on the tentative map.
74. In order to meet the cul-de-sac standard, no building permits shall be issued for any
lot on Street "L" unless a secondary access to the satisfaction of the City Engineer
has been provided.
75. Lot 1, Unit A shall be reserved on the final map for access to properties easterly
from this project unless a particular access has been sufficiently identified to the ....
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satisfaction of the City Engineer. ~n that event an offer of dedication for the
particular access shall be made on the final map.
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 determined the detention basin capacities necessary to accomplish
the desired results prior to final map approval, issuance of building or grading
permit whichever occurs first. This condition may be met if the Applicant
demonstrates to the satisfaction of the City Ehgineer that adequate downstream flow
capacity and detention/retention capacity already exists or will exist after upgrades
have been guaranteed.
If this project is required to provide an onsite detentiowretention basin as per the
condition to require reduction of peak flows from a 10 year storm to pre-developed
conditions, the south east portion of Lot 191, Unit C shall be reserved for this
purpose as is shown on the tentative map. In that event this portion of Lot 191
shall not be developed with structures as shown on the Site Development Plan, SDP
91-11.
No building permits for more dwelling units in Unit "C' than the number of dwelling
units that will generate 500 ADT shall be issued unless secondary access to Unit "C"
has been guaranteed to the satisfaction of the City Engineer. Only the number of
dwelling units that will generate no more than 500 ADT within Unit "C" shall be
occupied, until secondary access has been provided.
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 three Units for the purposes of recording.
Lots shall be numbered consecutively through the three recording units.
If the applicant chooses to construct out of phase, the new phasing must be
reviewed and approved by the City Engineer and Planning Director.
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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 denied 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
20.12.1 10(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.
The applicant shall pay the current local drainage area fee prior to approval of the
final map for this project or shall construct drainage systems in conformance with
Master Drainage Plan and City of Carlsbad Standards as required by the City
Engineer.
Prior to approval of the final map, the owner shall enter into an agreement with the
City to *yay 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 property prior to approval of the final map
for this project.
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.
No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the applicant
is unable to obtain the grading or slope easement, no grading permit will be issued.
In that case the applicant must either amend the tentative map or change the slope
so grading will not occur outside the project site in a manner which substantially
conforms to the approved tentative map as determined by the City Engineer and
Planning Director.
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
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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 the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer
shall be made by a certificate on the final map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not required to be rededicated.
The applicant shall underground all existing overhead utilities within the subdivision
boundary prior to issuance of building permits.
Direct access rights for all lots abutting Camino de las Ondas and Alga Road (except
Lot 1 as shown) shall be waived on the final map.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of
the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
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
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
The following note shall be placed on the hal map:
"Prior to issuance of a building permit for any lot within the
subdivision, the property owner shall pay a one-time special
development tax in accordance with City Council Resolution No. 91-39."
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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.
f.
A traffic actuated signal at the intersection of Alga Road and Camino
de las Ondas shall be designed and guaranteed for future construction.
Construction shall be at the direction of the City Engineer.
A storm drain approximately 600 feet in length running offsite
westerly along Camino de las Ondas to connect to the existing 36 inch
he near Seascape Drive. The City Engineer may approve an alternate
that provides sufficient downstream capacity to meet the needs for
handling drainage from this project.
Alga Road between the subdivision boundary and Poinsettia Lane
shall be constructed with full major arterial width grading in a 102
foot right-of-way, two inside lanes, full median curbing, all needed
storm drain facilities and all utilities that will be beneath the paved
roadway sections. The City Engineer may accept an alternate
proposal that fulfills the need to provide this vital roadway link that
the residents of this project will use. This condition may be met by
another developer based on which developer wishes to proceed first.
All or a portion of these improvements may be eligible for
reimbursement under the Zone 20 LFMP Finance Plan.
Alga Road within the subdivision boundaries shall be constructed with
full public improvements to major arterial standards based on a right-
of-way width 102 feet.
Hidden Valley Road within the subdivision boundaries shall have half
street improvements plus 12 feet of paving. An offsite portion of
Hidden Valley Road from Camino de las Ondas to the subdivision
boundary shall be constructed for two lanes of travel. This offsite
portion of Hidden Valley Road is required in order to meet the cul-de-
sac policy for Unit "C'of this subdivision. All or portions of these
Hidden Valley Road improvements may be met by a City project
pursuant to a reimbursement agreement between the developer and
the City.
Upgrade the detentiowretention basin located near Poinsettia Lane
and Batiquitos Drive on Lot 71, CT 73-24, Map No. 7996. The
upgrade shall result in an increase in the volume retained and/or an
increase in the of retention to the satisfaction of the City Engineer.
The City Engineer may approve an alternate proposal that meets the
retention needs.
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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.
Fire Conditions:
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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 offsite 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
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Fire Department for approval.
An approved automatic fire sprinkler system shall be installed in all buildings having
an aggregate floor area exceeding 10,OOO square feet, if required by the Fire
Department.
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.
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Water District Conditions:
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The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and fire flow demands are met.
The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit. The developer
shall pay a San Diego County Water Authority capacity charge which will be
collected at issuance of application for meter installation.
Sequentially, the developer% Engineer shall do the following:
a.
b.
c.
Meet with the City Fire Marshal and establish the fire protection
requirements .
Prepare a colored reclaimed water use area map and submit to the
Planning Department for processing and approval.
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 plans.
This project is approved upon the expressed condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water service and sewer facilities are
available at the time of application for such water service and sewer permits will
continue to be available until time of occupancy. This note shall be placed on the
final map.
Developer shall be responsible for the following systems/lines:
A) Potable Svstems:
1. ONSITE CONDITIONS: (Units A & B)
a. Install 8" water mains in Streets "C", "F", "G", "H", "I", "s', "IC',
"L", (Note that "L" Street main must be looped to new 12" high
pressure main) and Camino De Las Ondas from Street "H" to
College Boulevard.
Install 12" water mains in Street "H", College Boulevard (Alga
Road) boundary to boundary, Camino De Las Ondas from
College Boulevard northeasterly to its termination, and Hidden
Valley Road boundary to boundary.
b.
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2.
3.
B)
c. Install fire hydrants and gate valves per attached District
approved map.
OFFSITE CONDITIONS:
a.
b.
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d.
e.
Install 12" water main (High Pressure) along the southerly
boundary from Street "H" easterly approximately 460 feet to
the existing 12" high pressure line. This new main will be
parallel to existing 18"/16 steel low pressure main. Additional
right-of-way easement may be required. Also, the 'relocation
of this existing 18"/16" main may be required because of
possible grading conflicts.
The existing high and low pressure mains along the southerly
lot lines of Lots 67, 66, 65 & 56 could or will have conflicts
with grading. These issues must be discussed with District
Engineer prior to preparation of mylar improvement plans.
Install approximately 220 feet of temporary 12" high pressure
main in future College Boulevard from the existing 12" high
pressure A.C.P. main northwesterly to the easterly boundary
line. (This main will require an offsite easement).
Install 12" low pressure main in Hidden Valley Road from
Camino De La Ondas to the westerly boundary line. This will
take place when Hidden Valley Road is improved. Also, the
District has a 20 foot wide easement located along the westerly
boundary of which 5.00 foot is located in your subdivision.
Arrangements must be made with District prior to any grading
and/or construction in this easement. Obviously the existing
6 main will be removed/abandoned and the easement
quitclaimed when the Hidden Valley Road main is constructed
but in the meantime arrangement must sdll be made.
All offsite mains shall require easements and all weather vehicular
access roads.
UNIT "C' Conditions (MULTI-FAMILY)
The Developer shall process preliminary potable layout plans through
the Fire Marshal and District Engineer at which time all potable
conditions/requirements shall be set.
Reclaimed Systems:
1. Install 12" line in College Boulevard (Alga Road) from
2.
Poinsettia Lane to north property line.
Install lines to adequately serve Unit "C".
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PLANNING COMMISSION RESOLUTION NO. 3557
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 91-11
FOR 186 SINGLE-FAMILY LOTS AND 176 APARTMENT UNITS
ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL
NORTE AND NORTH OF CAMINO DE LAS ONDAS.
CASE NAME: MARINERS POINT
CASE NO: SDP 91-11
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 17th day of November, 1993, consider said request on property
described as:
Southeast quarter of Section 21, Township 12 south, range 4 west
San Bernadino Meridian, in the County of San Diego, State of
California, according to the official plat.
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 SDP 91-11.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cornmission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of SDP 91 -1 1, based on the following findings and
subject to the following conditions:
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3. Install system to service all open space and slopes as
determined by District Engineer.
C) Sewer Systems:
1. Pursuant to local facilities management plan Zone 20, install
8" local trunk line in Hidden Valley Road hom West property
line to San Marcos Interceptor line (gravity).
lnstall12" trunk line (WT2 per Zone 20) in Laurel Tree Drive
(or College Boulevard).
2.
Any temporary sewer service alternates must be approved by the District Engineer.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of November, 1993,
by the following vote, to wit:
AYES:
NOS:
ABSENT:
ABSTAIN :
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO. 3556
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
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1.
2.
3.
That the requested use is properly related to the site, surroundings and
envhmnxmal settings, is consistent with the various elements and objectives of the
general plan, will not be detrimental to existing uses or to uses specifically
permitted in the area in which the proposed use is to be located, and will not
adversely impact the site, surroundings or traffic circulation, because the project is
consistent with the General Plan and Zone 20 Specific Plan as explained in the staff
report. The project would not have a significant impact on the environment and is
in compliance with mitigation requirements of Final EIR 90-03. The proposed
residential land uses are compatible in scale, architecture, and building materials
with the multi-family residential development to the 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.
That the site for the intended use is adequate in size and shape to accommodate the
use, because the project site is fairly geometric in shape, the topography is gently
sloping, and the grading and development to accommodate streets and building pads
would conform to all required City ordinances as illustrated on the attached
exhibits. The proposed 176 apartment units would be accommodated on the level
building pad areas of the lot without encroaching into the manufactured slopes
located along the eastern portion of the site.
That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained for the following reasons:
The project would be conditioned to provide a solid wall or fence, and landscaped
windbreaks 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 operations.
Single-family Residential Area:
a.
b.
Standard front, side and rear setbacks are provided for each home,
and all homes have three-car garages for offstreet parking.
The front yards of all the lots would be provided with 3 street trees
of varying sizes, a special 10 foot planting easement is provided along
the entire northern property line, a 10 foot planting easement is
provided on both sides of Camino del as Ondas, and the 50 foot
setback along Alga Road would be land form graded and heavily
landscaped.
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c. An average 3 foot reduction in lot width for a single-family lot would
not preclude the placement of a home on the lot, would not constrain
access to the lot, nor substantially reduce the physical separation of
the homes when viewed from the public street. The Zoning
Ordinance currently designates 60 feet as the lot width for R-1-7500
single-family lots. Au the lots in Unit "A" would still maintain a
minimum of 10,000 square feet of lot area, therefore, the modification
of the lot width standard for purposes of providing affordable housing
would not have a detrimental effect on public health, safety and
welfare.
Multi-Fdy Residential Area:
a. The bulk and scale of the proposed two and three-story apartment
buildings would be compatible with the existing and surrounding
residential development to the south. The proposed multi-family
residential land use would provide an appropriate transition between
the proposed single-family land use to the east and the future
community park land use to the northwest. A 20 to 25 foot building
setback along Hidden Valley Road and a 20 to 35 foot setback along
Camino de las Ondas would provide an adequate buffer between this
project and the public streets.
The building pads for the apartments would be 20 feet lower in
elevation than the single-family homes to the east. The single-family
homes are adequately set back a distance of approximately 27 to 40
feet from the top of the slope that separates the two land uses. In the
area of the apartment site where the apartments are only
approximately 5 to 10 feet below the grade elevation of the homes to
the east, there would be a public street separating the two residential
land uses. These slope separations and setbacks are adequate to
buffer the two land uses in terms of noise and visual aesthetics.
b. The design of the project would assure a unique & of residential
development, and enhance the aesthetic quality of the area as follows:
1. The street setbacks would be landscaped with a combination
of trees and shrubs to partially screen the residential structures
from the public streets.
.. u. The building elevations would have textured stucco exteriors
and tile roofs, varied roof lines, architectural accent features
and building forms, and varied building facades.
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Z. The dwelling units would be orientated at various angles along
the driveway to provide an enclosure of space between the
buildings and to provide more visual interest when the project
is viewed from the public streets.
That the street system serving the proposed use is adequate to properly handle all
ndfic generated by the proposed use for the following reasons:
Single-Family Residential Area:
All the local, collector, and major streets within this area would be constructed to
full public street width standards, have underground utilities, and contain public
sidewalks.
Multi-Family Residential Area:
a.
b.
C.
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e.
The project would provide adequate onsite parking (348 parking
spaces) and circulation to serve the needs of the residents and their
guests, and it would not impact the availability of offsite street
Sidewalks and drainage facilities would be provided along the
project's street frontages to serve the project.
The proposed 30 foot wide central private driveway would be
adequate to provide safe and efficient traffic circulation, vehicle turn
movements, and emergency access. 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 parking spaces and adequate separation for two-way
traffic (12 feet per travel lane).
An internal pedestrian circulation system, that is separated from the
driveways, would be provided and it would allow sufficient and safe
access to the recreation facility and adjacent public streets.
Adequate emergency access is provided by the central 30 foot wide
private driveway that leads from Hidden Valley Road to Camino de las
Ondas. The 30 foot wide driveway is wide enough to accommodate
emergency vehicles, and 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.
parking.
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
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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 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 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 provides affordable housing units that will be available to low income
households -
Conditions:
1. AU conditions of approval for CT 91-12 as contained in Planning Commission
Resolution No. 3556 are applicable to this approval and incorporated through this
reference.
2. Approval for SDP 91-11, as shown on Exhibits "A" - "OO", dated November 3, 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. ....
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3. Approval of SDP 91-11 is subject to approval of Cr'91-12 and HDP 91-25.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of November, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
AB STAIN :
BAILEY NOBLE, Chairperson
C ARLS BAD PLANNING COM M IS SI0 N
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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PLANNtNG COMMISSION RESOLUTION NO. 3558
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE
176 APARTMENT UNITS ON PROPERTY GENERALLY
LOCATED EAST OF PASEO DEL NORTE AND NORTH OF
CAMINO DE LAS ONDAS.
CASE NAME: MARINERS POINT
DEVELOPMENT PERMIT FOR 186 SINGLE-FAMILY LOTS AND
CASE NO: HDP 91-25
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 17th day of November, 1993, consider said request on property
described as:
Southeast Quarter of Section 21, Township 12 south, Range 4 west
San Bernardino Meridian, in the County of San Diego, State of
California, according to the official plat.
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 HDP 91-25.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Codssion
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Cornmission
APPROVES HDP 91 -25, based on the following findings and subject to the following
conditions:
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1.
2.
3.
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 a slope constraints exhibit.
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 reasons:
a. AU manufactured cut and fill slopes are land form/contour graded and
do not exceed a height of 30 feet.
b. The project's cut/fill grading volumes of 8,915 cubic yds. per graded
acre falls within the "potentially acceptable range" of 8,000 - 10,000
cubic yds./acre. Included in these volumes is 43,200 cubic yds. of
grading for Alga Road which is a circulation element roadway. When
Alga Road is subtracted out of the grading calculations, the project's
grading volumes are reduced to 8,481 cubic yds. per graded acre and
are still within the "potentially acceptable range".
Based on engineering requirements to meet specific fixed vertical and
horizontal alignments for proposed Alga Road and the extension of
Camino de las Ondas, which is a non-loaded collector road traversing
across the entire project, the Planning Director and City Engineer
approve the proposed grading volumes.
c. Landscaping in conformance with the Zone 20 Specific Plan would be
provided on all manufactured slopes to assist in visually screening the
slopes erosion and to reduce erosion.
d. All structures and roofs within the project would be earth tone in
color to reduce visual impacts.
e. A percentage of the homes along the north/south trending and gently
sloping ridgeline would be one-story in height and all homes would
have varying roof lines.
f. Homes are setback from the top of manufactured slopes from a range
of 17 to 50 feet.
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
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because all undevelopable areas have been identified and no development or grading
would occur in the areas containing 25 to 45%+ slopes. The project contains no
wetland areas, riparian or woodland habitats, floodways, major power transmission
easements, beaches, or permanent bodies of water.
That the project design and lot configuration minimizes disturbance of hillside lands
because the proposed grading would create building pads that are terraced for views
and step down the slope. A majority of the local streets and manufactured slopes
are curving and are aligned to follow the north/south trending contours. The street
alignments and curving land form graded slopes would reduce visual impacts created
by the grading and help simulate the natural slope conditions.
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 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 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.
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Conditions:
1. AU conditions of approval for a 91-12 as contained in Planning Commission
Resolution No. 3556 are applicable to this approval and incorporated through this
reference.
2. Approval for HDP 91-25, as shown on Exhibits “A” - “OO”, dated November 17,
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.
3. Approval of HDP 91-25 is subject to approval of CX 91-12 and SDP 91-11.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of November, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO. 3558
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
4
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DISCLOSURE STATEMENT
--,z ro:ic,Aing ir;fcrma:icn must be disclosed:
1 ADplicant
-1st the names and addresses of all persons having a financial interest in the application. Bramalea California, Inc. One Park Plaza, Suite 1100
lrvine, LA Y2/14
2. Owner
Llst the names and addresses of all persons having any ownershi interest in the pro erty involved Brmalea California, Inc. One Par R Plaza, Suite 1 P 00 rrvine, LA 92/14
3. If any person i
addresses of a1
interest in the 0
ration or partnership, list the names anc
the corporation or owning any pannersR'c
Bramalea Limited ' One Queen Street East, Suite 2300
Toronto, Ontario Canada FISC-249
4 If any person identifled pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as otficer or director of the non-profit organization or as trustee or beneficiary
of the trust.
FRM00013 8/90
2075 Las Palmas Drive Carlsbad, California 92009-4859 - (619) 438-1 161
.-
Disclosure Statement
'Oderi
Page 2
- I Fave you had more than $250 worth of busmess transacted with any member of C~ty stag 3~2-3; ~~rc,ss,ons. C:F8mcses an3 Council within the past twelve months'
Yes - Wo x if yes please Indicate perscn(s)
3ramalea California, Inc. Bramalea California, Inc.
Print or type name of owner Print or type name of applicant
FRM00013 8/90
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACE ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Manners Point - CT 91-12/SDP 91-11/HDP 91-25
LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RM/RLM ZONING:RD-M-Q/R-1-lO,OOO-Q
DEVELOPERS NAME: Bramalea California Inc.
ADDRESS: 100 Bavview Circle. Suite 2000, Newport Beach, CA 92660
PHONE NO: (714) 509-4600 ASSESSORS PARCEL NO: 214-140-08
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 68 Acres/362 UNITS
ESTIMATED COMPLETION DATE: N/A
F.
G.
H.
I.
J.
K.
L.
A. City Administrative Facilities: Demand in Square Footage = 1262
B. Library: Demand in Square Footage = 673
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 362
D. Park: Demand in Acreage = 2.52
E. Drainage: Demand in CFS = N/A
Identlfy Drainage Basin = N/A
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs = 2962
(Identlfy Trip Dismbution on site plan)
Fire: Served by Fire Station No. = NO. 4
Open Space: Acreage Provided - 10.1
Schools: CUSD
(Demands to be determined by staff)
Sewer: Demand in EDUs - 362
Idennfy Sub Basin - N/A
(Identify trunk line(s) impacted on site plan)
Water: DemandinGPD - 72,640
The Droiect is 3.4 units below the Growth Management Dwellinn unit allowance. *., , Y v JG.lh
BACKGROUND DATA SHEET
APPLICANT: Bramalea California Inc.
REQUEST AND LOCATION: 186 single-family homes and 176 apartment units
LEGAL DESCRIPTION: Southeast Ouarter of Section 21, Township 12 south, Ranne 4 west San
Bernardino Meridian, in the County of San Dieno. State of California, according to the official plat.
APN: 214-140-08 Acres 68 Proposed No. of Lots/Units 187 Lots & 176 Units
GENERAL PLAN AND ZONING
Land Use Designation Residential Medium and Residential Medium Low
Density Allowed 3.2 & 6 Dus/Acre Density Proposed 5.4
Existing Zone RD-M-0 & R-1-10.000-0 Proposed Zone N/A
Surrounding Zoning and Land Use:
Requirements)
(See attached for information on Carlsbad's Zoning
Zoning Land Use
Site RD-M-O & R-1-10,000-Q Vacant
North RD-M-O & R-1-10.000-Q Vacant
South RD-M Mu1 ti - familv
East LC Amicultural
West PC Vacant
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 362 EDU
Public Facilities Fee Agreement, dated November 26. 1991
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
Certified Environmental Impact Report, dated November 9, 1993 (Final EIR 90-03)
Other, JC:lh
..- ........ e
CERTIFICATE OF INCUMBENCY
I, Bruce J. Varker, Assistant Secretary of Bramalea California, Inc., hereby certifies that the following persons
have been duly elected and/or appointed to the position(s) set opposite their respective names and further certify
that said elections and/or appointments are in full force and effect.
DIRECTOR
Peter B. Perrin
OFFICERS
Peter B. Perrin
Bruce J. Varker
Bruce Abbey
Tim McGinnis
Stewart D. Davidson
Robert B. FarrelJ
Jack Reimer
Michael F. Wintemute
Charles Simon
- President - Executive Vice-president,
- Senior Vice-president - Senior Vice-president - Vice-president and Treasurer (Chief Financial Officer) - Vice-president - Vice-president, Land Development - Vice-president and Corporate Controller - Secretary
Finance and Administration and Assistant Secretary
AUTHORIZED SIGNING OFFICERS
Randall J. Tipping
Pegi DiRienzo
David Meadows
David Lopez
- Authorized Signing Officer - can execute and deliver all tax returns and related
documents together with an Officer - Authorized Signing Officer - can execute and deliver all documents together with
an Authorized Signing Officer or above - Authorized Signing Officer
an Officer of Director - Authorized Signing Officer
- can ewcute and deliver all documents together with
- can execute and deliver all documents together with
an Authorized Signing Officer or above
IN WITNJ3S WHEREOF I have hereunto signed my name and affixed the corporate seal of Bramalea
California, Inc
DATED this 4
Bruce J-arker, Assistant Secretary
!
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NB-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
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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;
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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:
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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.
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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
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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:
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60.
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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.
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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.
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65.
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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.
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Ennineerinn Conditions:
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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.
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80.
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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
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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
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91.
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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
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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.
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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.
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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
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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:
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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.
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14.
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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.
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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.
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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
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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:
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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.
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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:
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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-
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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
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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.
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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-
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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:
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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-
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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.
NB-ITEM 3
DATE:
TO:
FROM:
SUBJECT:
€45- APPLICATION DATE: 1/3/94
STAFF PERSON: Evan Becker
STAFF’ REPORT
JANUARY 13, 1994
HOUSING COMMISSION
HOUSING AND REDEVELOPMENT DEPARTMENT
AFFORDABLE HOUSING PROJECT/MASTER PLAN - SAMBI -
Request for recommendation of approval for development of 63
units of affordable rental housing within the SAMBI Master Plan. The project is
part of the development related to CT 92-02IPUD 92-03ISDP 92-06IHDP 92-03.
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 94-003 RECOMMENDING
APPROVAL of the development of the proposed 63 apartment units of affordable housing
within the SAMBI Master Plan.
11. PROJECT BACKGROUND AND DESCRIPTION
On December 15, 1993, Tokoyhara America, Inc. received a recommendation from the Planning
Commission for approval of a Vesting Tentative Tract Map, Planned Development Permit, Site
Development Plan and Hillside Development Permit to subdivide 129 single-family lots
subdivide and construct 76 townhomes and 72 condominium units, construct 72 apartment units
and designate two future community facility sites. The project is subject to the Inclusionary
Housing Requirement and the Density Bonus Ordinance which means that the applicant/
developer must provide a minimum of 63 units of housing affordable to low income households.
The applicant’s affordable housing proposal indicates that 63 of the 72 proposed apartment units
will be 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 twelve (12) 3 bedroom units be restricted to low
income households; this exceeds the City’s requirement.
The affordable housing project, as proposed, will meet the Applicant/Master Plan Developer’s
obligation under the City of Carlsbad’s Inclusionary Housing and Density Bonus Ordinances.
Sambi Seaside Heights
Housing Commission - 1/13/94
Page 2
III. APPLICANT/DEVELOPER TEAM INFORMATION
The development team for the proposed affordable housing project is as follows:
Amlicant : Toyohara America, Inc.
Developer: Toyohara America, Inc.
Architect: Kunio Inoue
LandscaDe Architect: Planning Systems/Steve Ahles
Eng;ineer(s) : Land Space Engineering/Alex Pantich
Planning; Consultant: Don Agatep (Applicant Agent)
IV. AFFORDABLE HOUSING PROJECT DESCRIPTION/LOCATION
The project will be located 1/4 mile north of Poinsettia Lane on the northeast corner of future
Alga Road and future extension of Camino De Las Ondas. The parcel number for the property
is 214-140-07 (eastern 25% of site).
The project will provide 63 apartment units which will include ten studio (551 sq.ft); ten 1-
bedroom units (713 sq.ft. each); thirty-one 2-bedroom units (887 to 985 sq.ft. each); and, twelve
3-bedroom units (1017 sq.ft. each).
Special amenities of the project will include two covered parking spaces per unit, tot lot/wading
pool, five (5) BBQ areas, adult pool/spa, multi-purpose play areas and separate basketball/
volleyball facilities.
The design and quality of the affordable housing units will be consistent with that of the
proposed market rate apartment units.
V. TERMS OF AFF'ORDABILITY
The applicant has proposed that the 63 condominium units remain affordable for thirty (30) years
for families at the following income level:
0 63 of the total 72 apartment units will be affordable to households at 80% of the county
median.
Sambi Seaside Heights
Housing Commission - 1/13/94
Page 3
The following chart provides a breakdown of bedroom sizes by income levels:
Bedroom Size 80% of median
The Master Plan will be completed in a single phase. The applicant has proposed to build the
affordable housing units within five (5) years of recordation of the Final Map. In an affordable
housing agreement with the City of Carlsbad, an acceptable time frame for actual construction
of the units will be specified.
As proposed, the maximum rents (as shown above) for one and two bedroom units are too high
based on current income levels and rental rate calculations. The one bedroom rent should be no
more than $673 per month and for two bedrooms no more than $834 per month. The applicant
will be required to maintain rents at the city-approved rent levels based on applicable household
size for each restricted unit.
VI. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT
The applicant intends to privately finance the construction of the 63 units of affordable
apartment. 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 AFFORDABLE HOUSING PROJECT
Based on review of the preliminary proforma submitted by the applicant, the projected
construction and operation costs for the proposed affordable housing project appear to be
reasonable based on the current assumptions. At the time the units are constructed, the
assumptions may change. However, regardless of changes in construction and operational costs,
the applicant will be required at all times to set rental rates which do not exceed the maximum
allowed for related household size (i.e., 1 person, 2 persons, etc.). .
Sambi Seaside Heights
Housing Commission - 1/13/94
Page 4
The applicant will be required to enter into an affordable housing agreement with the City prior
to Final Map approval. The agreement will outline all final assumptions on the cost of the
project and the rents to be set for the restricted units.
VIII. CONSISTENCY WITH HOUSING ELEMENT AND CHAS
The proposed affordable housing project is consistent with the policies and programs of the
Housing Element, Inclusionary Housing Ordinance, Density Bonus Ordinance and the Zone 20
Specific Plan. The applicant has proposed to provide 63 units of affordable housing which meets
the 15 % Inclusionary Housing Requirement and additional 5 % density bonus requirement for
the market rate units. The number of 3 bedroom units (12 total) in the project exceeds the City's
10 % requirement.
The proposed affordable rental housing project meets a "Priority 2" need of the City of
Carlsbad, 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 Sambi Seaside Heights Affordable Rental 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 following conditions: 1) the
applicant shall provide an acceptable construction schedule to the City for the affordable units
(as related to construction of market rate units within the Master Plan); 2) the applicant shall
maintain rents at the allowable affordable rate (based on household size) for low income
households with incomes equal to 80% of the county median; and, 3) the affordable housing
units must be restricted for "the useful life of the project"; the City of Carlsbad interprets this
to mean a minimum of 55 years.
X. EXHIBITS
1 - Housing Commission Resolution No. 94-003 adopting a recommendation to the City
Council to approve the Sambi Seaside Heights Affordable Rental Housing Project.
2 - Housing Commission Review Application submitted by Toyohara America Inc.\Don
Agatep & Associates.
3 - Planning Commission Staff Report dated December 15, 1993.
4 - Site Development Plan for proposed Affordable Housing Project.
-. EXHIBIT 2
DONALD A. AGATEP & ASSOCIATES
City 19 Regional Planning Consultants
December 3 1 , 1 993
Housing & Redevelopment Director City of Carlsbad
2965 Roosevelt St
Carlsbad, CA 92008
Re: Sam bi Seaside Heights CT 92-02, Housing Commission Review Application,
Toyohara America Inc., Developer
The referenced applicaion for City of Carlsbad Housing Commission Review is submitted to
satisfy Sambi Seaside Height's obligation to comply with the City of Carlsbad General Plan
Housing Element by providing a fair share of affordable housing within the project, in the City
of Carlsbad's Southwest quadrant ; and, with Growth Management Zone 20 Specific Plan.
The Sambi Seaside Heights project, CT 92-02PUD 92-03/SDP 93-06, is comprised of 349
units on 68+ ac, located easterly of future Hidden Valley Road, northerly of future Camino de
las Ondas, between the future City of Carlsbad Poinsettia Park facility and the SDG&E
Easement to the east. Sambi Seaside Heights is requesting a 11.8% density bonus,
therefore; 20% or 63 units, are designated as lower-income afforadable "Rental" housing
units, and located in the proposed 72 unit Garden Apartment portion of the project.
The proposed affordable housing units provide a mix of 10 studiohachelor units,
10 one bedroom units, 31 two bedroom units & 12 three bedroom units (10% of affdble units).
The affordable units are intended to be available for retired & semi retired couples, young
couples and young families.
The Planning Commission reviewed the Sambi Seaside Heights project at Public Hearing
Dec 15, 1993 and recommended approval, P.C. Resos 3591,3592,3593 & 3594.
The Sambi Seaside Heights 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 Houslng Element Goals:
Sambi Seaside Heights' 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
"Goal #2 Sambi Seaside Heights will provide 63 units to renters who can pay but 80%
or less of their median income per year allocated for housing costs within the
City of Carlsbad.
"Goal #1
DABmbi /12131/93
2956 Roosevelt Street Post Office Box 590 Cmkbad Califmnia 92008 (619) 434-1056 fa (619) 434-81
Sambi Seaside Heights- CT 92-02
Housing Commission Review Appl
Dec31,1993
City of Carlsbad Housing Element Goals (cont'd):
"Goal #3 Sambi Seaside Heights provides a mix of housing sizes in an larger project
and in close proximity to City facilities: i.e. proposed Alga Rd extension
northerly from Poinsettia Lane & future Poinsettia Park to the west,
"Goal #4 Sambi Seaside Heights 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 Ondaslfuture Alga Rd) and; employment opportunities.
and enforced by an Affordable Housing Agreement to be approved prior to
CT 92-02 Final Map recordation.
"Goal # 5 Sambi Seaside Heights will comply with open housing practices as required
Compliance with Growth Management Zone 20 Specific Plan (SP-203)
Ord #NS-257:
O Sambi Seaside Heights provides on site lower-income (80%) affordable units
integrated with the proposed 349 unit Sambi seaside Heights project.
O The Sambi Seaside Heights project is coordinated with surrounding properties by
providing major Circulation Element Roadways (Alga Rd) as well as circulation and
pedestrian access to Public Facilities including Poinsettia Park, from PAR & Camino de
las Ondas.
O The proposed affordable units are compatible with proposed & existing multi-family
land uses to the south & west. " Sambi Seaside Heights provides an attractive, well buffered project serving the unit
resident as well as the neighboring residents
O Sam bi Seaside Heights provides on site active and passive recreational ammenities.
Compliance with lnclusionary Housing Ordinance 21.85 010 CMC:
O Sambi Seaside Heights provides 20% of the total project for affordable (lower -
income) residential units. The project complies with Zone 20 Specific Plan & General
Plan Housing Element. " 10% of the project reserved for lower income households (1 2 units) have 3 bedrooms.
We believe the Sambi Seaside Heights 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.
On behalf of Toyohara America Inc. I respectfully request the City of Carlsbad Housing
Commission Staff accept the Sambi Seaside Heights application and schedule the matter before
Carlsbad's Housing Commission Jan 13, 1994
fw!p~su,tant
on Agatep, Panni
Toyohara America In4 Developer Representative
cc: K. Kawakita, Pres. , Toyohara America Inc, Owner/Applicant
DAISmbill2/31 A33
2956 Roosevelt Street Post Office Box 590 Cmlsbad CdifMtliu 92008 (61 9) 434-1 056 fa (61 9) 434-81
- -
CITY OF CARLSBAD
HOUSING COMMISSION REVIEW APPLICATION
1. APPLlCANT/DEVELO€’~ TEAM INFORMATION
Name of Applicant: TQYOHARA mCA INc
Mailing Address: 8649 FIRJZXWE BLVD DOIWNEY, CA 90241
TeleDhone No.: (31 0) 861 -3808
Identify Development Team (ie., developer, builder, architect, etc.):
1 ) Toyohara America Inc, ; K.Kawakita pres - D-P!ZR
2) Planning Consultant- Agatep
3) Civil Engineer -Land Space Engineering/ Alex Pantich
4) Architect- Kunio Inoue, AIA
5) Landscape Architect - Planning Systems/ Steve Ahles,
II. GENERAL PROJECT INFORMATION
Project Name: SAMBI SEASIDE HEIGHTS
Describe General Location of Project: 1/4 mile north ofPoinsettia In;
future extension of Camino de las Bndas.
Northeast corner of future Alga Rd &
East- 25% Of APN 214-140-07
Project Address: Northeast comer of future Alga Rd & future Camino de las Ondas
Site Parcel No(s).: Lot 133 of Vesting TOM, CT 92-02/PUD 92-03
Total Number of Affordable Units Required (if applicable):
Total Number of Affordable Units Proposed:
Type of Units (ie., garden apartments, detached, etc.):
63 units
63 affordable units of 72 apartment units
m-oposed 72 unit Garden Appartment Project
Size (in square feet) of each Unit: Bldg Typ I = Unit A 551 sqft/studio; Unit B-lEd/1&(713 sqft)
Bedroommbution of Units:
Unit C- 2E!d/2Ba (985 sqft); Unit E- 3€?d/2Ba (1017 ssft)
B
10 X 551 sqft (16%); 1OX 1 Bd-713 ssft (16%); 31 2Bd/Ba (both types)= 49%
.-a e. . - m SC/ILJ
Describe any special featuredameniks to be included within project: ~- Sambi- Garden ApAments provides: Unobstructed views of the back country, 2 covered parking spaces, totlot/wading po
5 BEQ areas, Adult pool/spa, Multi-purpose play areas & seperate Basketball/
Volleyball Facility
L
Housing Commission Review Application
Page 1 1218 93
- -
IU. TERMS OF AFFORDABILITY FOR AFFORDABLE UNITS (ATTACH ADDITIONAL INFORMATION IF
NECESSARY)
Targeted Income Levels (as % of area median): 80%
Target Population (ie., families, seniors, etc): Semi-retired, young co*les/young familes
Monthly -(by bdr. size) or- Price of Units: Bldg Typ I 551 sqft Unit A = $499/m Bldq typ I1 2Bd/Ba 887 ssft =$840/
1 Bd/Ba-731 sqft Unit B = $720/m0 Unit D 2 Bd/~a-985 sqft Unit Q = $91O/m0
3 Bd/Ba=l017 qft nit E = $935/m0
~~ ~~~
Term of Affordability (ie., 30 yrs, life of project, etc.): 30 yrs
Projected Schedule for Construction of Affordable Housing Units:
within 5 yrs of recordation of Final Map
~
If the affordable units are being constructed to satisfy the City of Carlsbad's Inclusionary Housing requirement, how
will they be phased with respect to construction of the market rate units? Please Explain Project Phasing:
Single Phase- within 5 yrs of recordation of Final Map
IV. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT
0
Page 2 12/8/93
Please attach a copy of development and operating financial proformas showing sources and uses of funds to
accomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources
and appropriate justifications for use of these sources.
Describe the local financial assistance or incentives, if any, including specific terms desired for the affordable housing
project which you are, or will be, requesting from the City of Carlsbad:
~~
Identify any other project conditions which may be relevant to project feasibility:
Project affordability could be enhaneedby:
1) Reducing City of Carlsbad Impact Fees
2) Modification to Carlsbad District Fees for "AffordA$@le Vnits" especially
units and units for semi-retired individuals.
Housing Commission Review Application
- -
V. REQUIRED ATTACHMENTS TO APPLICATION
The following items must be attached to this application:
0 Site Development Plan for Affordable Housing Units;
0 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;
0 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;
0 Development and Operating Financial Proformas indicating sources and uses of funds for the project, including
justification and identification of subsidy sources;
0 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
VI. APPLICATION SIGNATURES
Completed Disclosure Statement of Ownership Interests within the project.
Propert Owner Name Address and Telephone No.: 46YoHARA AMhCA INC
8649 Firestone Blvd, Downey, CA 90241 (31 0) 861 -3808 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.
I, the undersigned applicant, do hereby certify that I am the representative of the legal owner of the subject property
and that the above information is true and correct to the best of my knowledge.
Applicant Don Agatep, , America, Inc
Signature: Date Dec 31, 93
THE BOX BELOW IS FOR CITY USE 0
Date Application Received- A/w
Application Received By: ' o& Fa
Staff Recommendation: APPROVAL LJ/ CWO/ TIOuQ
Date of Housing Commission Review:
Action on Application by Housing Commission:
Other Comments:
I /[z /?C/
AHP wcl-3
Housing Commission Review Application
Page 3 1218 93
DISCLOSURE STATEMENT
I
r?PLICAmS STATEVErCT OF 31SCLDSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REOUIFE
ZlSCfiETIONARY ACTICN CN TnE PART OF THE Crpl COUNCIL OR ANY APPOINTED BOARD. COMMlSSlON OR CCMMflTEE
I
{Please Print)
*, 0. $6. ., The following information must be disilosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
TOYOIIARA AMERICA, Inc c/o nnnrt1r-I A AGATFP
(DBA) Sunbelt Planning Co. 3355 Roosevelt S t Y1 8641 Pirestone Blvd Downey, CA 90241 ..'. Carlsbad, CA 32008 ,? t ....
2.
3.
4.
Owner
List the names and addresses of all persons having any ownership interest in the property involved. .
TOYOI-IABA AM F,RTCA Inc.
(DBA) Sunbelt Plannlng Co.
8641 Firestone Blvd
Downey, CA 902~11
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Seizo 3. TOYOHARA ; Chaim of the Board 10355 Brookshire Ave
Downey, CA 76241
Kink0 K. TOYOXARA ; Director, Secretary
Same as above
Kazuyuki KAWAKITA; Director, President
11432 Hanover Ct., Cerritos, Ca. 90701
~ Sayoko AOYAGI; Treasurer
16510 Stonehaven Ct.
La Mirada, Ca. 90638
If any person identMed 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
cf the trust.
.- '. .
D isc I os u r e stat em &At < .LI. .
I.
' (Over)
Page 2
5. Have you had more than $250 worth of business transacted with any member of City sta!f. 2CaiCS
Commissions; Committees and Council within the past twelve months?
Yes - NoXX - If yes, please indicate perscn(s)
I Pewon 13 defined as: 'Any individual. firm, Copartnership. joint venture. association. social club, frnternal organization. corporation. estate. :rust. I receiver. syndicate, this and any othor county. crty and county. Crty municipalrty. dirtricl or other political subdivlalon. or any other group or
combination acting as a unt'
I
i
I
(NOTE: Anach additional pages. as necessary.) . .. . .
.I .. _-- ..._ , I' . ..
'I
IIIROMICHI TOYOHARA IITWMT(-"T mOynHAR4 ,
Print or rype name of owner Print or type name of applicant
FRM00013 8/90
TOYuHAM AMERICA GhdUP
DDA 5!Nlbi of Tokyo
WEST COAST JACKSON INC.
COAST RESTAURANT DEVELOPMENT
SUNDELT PLANNING CO. JAPAN SHIATSU CENTER OF U.S.A INC.
8649 FIRESTONE DOULNARD, DOWNN, CALIFORNIA 90241, PHONE (213) 861 -3808, FAX (213) 861-9432
February 14, 1992
City of Carlsbad
and
Property Owners of Zone 20
To whom it may concern,
RE: Designation of Representative for TOYOHARA AMERICA
INC. dba SUNBELT PLANNING CO. APN 214-140-07
TOYOHARA AMERICA, INC. dba SUNBELT PLANNING CO. hereby
authorizes DONALD A. AGATEP, Planning Consultant, to represent our interest in all matters relating to:
1) The alignment, financing and construction College
Blvd. through our properties, and for Poinsettia
Lane as it may impact the property.
2) Impacts of the Local Facilities Plan for Zone 20
on our ownership.
3) Processing all discretionary actions required by
the City of Carlsbad to develop our 68+ property
including but not limited to;
a) Applications for a Tentative Subdivision Map
b) Applications for a Planned Development/Site
c) Applications for development approval from the
Development Plan
California Coastal Commission, if required.
In addition to correspondence sent ,to our address, please
send all notices of issues.or meetings to Mr. Agatep, P.O. BOX 590, Carlsbad, Ca. 92008, Phone (619)434-1056,
so that we will be represented in the above matters.
Thank you for your cooperation.
TOYOHARA AMERICA, INC.
dba SUNBELT PLANNING CO.
CC: City of Carlsbad
Jack Henthorn & Associates
HEAD OFFICE 2-1-2 WICHO, CHIYODA-KU, TOKYO, JAPAN, PHOHE 03 (253) 191 1, FAX 03 (258) 0848
Dec 31, 1993
PRELIMINARY SAMBI SEASIDE HEIGHTS PROFORMA CT 92-02PUD 92-03
63 Unit Affordable Housing Rental Apts
Affordable Cos t Bldg Typ I Bldg Typ I Bldg Typ II Bldg Typ I Bldg Typ I
Studio 1 Bdrm 2 Bdrm 2 Bdrm 3 Bdrm
550 713 sqft 887 ssft 985sqft 1017sqft
Affordable Hsg Mix 10 10 19 12 12
Percentage of 63 Units 16% 1 6% 30% 19% 19%
A. PROJECT COS T
1) Bldg cost @ $45/Sqft $24,750
2) On-Site lmprmt $ 6,387
3) Off-Site lmprmt $ 2.185
Sub total $33,522
4) Bldr's Profit 10% $ 3,352
5) Arch/Plng/Eng @lo% $ 2.475
6) Impact Fees (Apts) $1 0,387
7) Contingencty @lo% $ 3.352
Sub total $53,088
8) Cnst Int/Carry @ 9% $ 398
9) Land Cost -
TOTAL $53,486
$32,085
$ 6,387
L2aL $40,647
$ 3,208
$1 1,056
$ 4.064
$63,039
$ 473
4i-Am-L $6331 2
$ 4,064
$39,915
$ 6,387 m $48,487
$ 4,848 $ 3,991
$1 1,707 u.tm $73,881
$ 554 $l2QQ- $74,435
$44,325
$ 6,387 $2.xi $52,897
$ 5,289
$ 4,325
$1 2,087
&5289 $79,887
$ 599 $-AaL $80,486
$45,765
$ 6,387 m $54,337
$ 5,433
$ 4,576
$1 2,209
L5s3 $81,998
$ 615 u $82,613
B. PAYMENTS
1) Mrtg @ 8% $ 393.12 $ 466.81 $ 547.10 $ 591.57 $ 607.20
($7.3561 000.00)
2) Tax/lns @ 1.5% $-!2mw $ 93.04 $ 100.61 $ 103.26 Subtotal $ 459.98 $ 546.20 $ 640.14 $ 692.18 $ 710.46
3) Mgmtmsvr @25% $ 115.00 $ 136.55 $ 173.05 $ 177.62
Sub-Total $ 474.97 $ 682.75 $ 800.17 $ 865.23 $ 888.07
4) Less Vacancy @ 5% $ 23.75 $ 34.14 $ 40.OQ $ 43.26 $ 44.40
Mo Pymt $ 498.72 $716.90 $ 840.17 $ 908.49 $ 932.47
C. AFRD MO RENT
(93 Csbd Aff Hsg Schd)
Difference $ 86.25 4 43.8% 4 6.17> <$ 74.50, $ 30.53
80 % of Median $585.00 $673.00 $834.00 $834.00 $963.00
COMMENTS:
Prepared by D. Agatep/Sambi Seaside Heights.
DABmbi-Prfmall 0/15/93
Dee 31 , 1993
Rev Jan 5, 1994
PRELIMINARY SAMBI SEASIDE HEIGHTS PROFORMA
CT 92-02/PUD 92-03 63 Unit Affordable Housing Rental Apts
Bldg Typ I Bldg Typ II Bldg Typ I Bld Typ I Studio 1 Bdrm 2 Bdrm 2 Bdrm 3 drm 550 sqft 71 3 sqft 887 sqft 985 sqft 1017 sqft i! Affordable Cost Bldg Typ I
Affordable Hsg Mix 10 10 19 12 12 Percentage of 63 Units 16% 16% 30% 19?h 1 9%
A. PROJECT COST
1) Bldg cost @ $40/Sqft @ $38/Sqft 2) On-Site lmprmt 3) Off-Site lmprmt Sub total 4) Bldr's Profit 10% 5) Arch/Plng/Eng @ 10% 6) Impact Fees (Apts) 7) Contingenct @lo% lub total 8) Cnst IntlCarry @ 10% 6 mos 9) Land Cost TOTAL
$22,000
$ 5,400 $ 1.400 $28,800 $ 2,880
$ 2,200 $1 0.387
$ 2:880 $47,147
$28,520 $35,480 $37,430 $38,650
$ 1.400 $45,450 $ 1.400 $ 1.400 m $35,320 $42,280 $44,230 $ 3,532 $ 4,228 $ 4,423 $ 4,545 $ 2,850 $ 3,548 $ 3,743 $ 3,865 $1 1,056 $1 1,707 $1 2,087 $12,209 $ 3.352 $ 4.228 $ 4.423 $ 4.545 $56,292 $65,991 $68,906 $70,614
$ 5,400 $ 5,400 $ 5,400 $ 5,400
$ 1.959 $ 2,319 $ 2,699 $ 2,816 $ 2,883 9; '000 $.-.Am $ 000 $ 000 $ 000 $49,106 $58,611 $68,690 $71,722 $73,497
B. PAYMENTS
1) Mttg @ 8% $ 361.00 $ 431.00 $ 505.00 $ 527.00 $ 540.00
2) Tax/lns @ 1.5% $ 61.00 $ 73.00 $ 86.00 3iAQ-QQ $ 92.00 Sub total $ 422.00 $ 504.00 $ 590.00 $ 617.00 $ 632.00
$ 148.00 $ 154.00 $ 178.00 3) Mgmt/Rsvr @25% $ 106.00 $ 126.00 Sub-Total $ 528.00 $ 630.00 $ 738.00 $ 771.00 $ 810.00
($7.35/$1000.00)
4) Less Vacancy @ 5% $ 26.00 $ 31.00 $ 44.00 $ 39.00 w
Mo Pymt $554.00 $661 .OO $782.00 $81 0.00 $850.00
C. AFRD MO RENT
80 % of Median $585.00 $673.00 $834.00 $834.00 $963.00
(93 Csbd Aff Hsg Schd)
Prepared by D. AgatepBambi Seaside Heights.
DA/Smbi-Affd-Prfma/l2/31193- REV 115t94
- EXHIBIT 3
DATE:
TO:
FROM:
SUBJECT:
1.
DECEMBER 15, 1393
APPLICATION COMPLETE DATE:
JULY a. 1992 STAFF PLANNER: JEFF GIBSON :L;i-
/ STAFF REPORT
PLANNING COMMISSION
PLANNING DEPARTMENT
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03 - SAMBI - Request for
recommendation of approval for a Conditional Negative Declaration, a
Vesting Tentative Tract Map, Plamed Development Permit, Site Development
Plan, and Hillside Development Permit to subdivide 129 single-family lots,
subdivide and construct 76 townhQmes and 72 condominium units, construct
72 apartment units, and designate two future community facility sites, all on
property generally located east of Paseo del Norte, north of Camino de las
Ondas, and south of Palomar Airport Road, in the RD-M-Q Zone and R-1-
l0,COO-Q Zone in Local Facilities Management Plan Zone 20.
RECOMMENDATION
That the PlarJling Cornmission ADOPT Planning Commission Resolution No. 3590
recommending APPROVAL of the Negative Declaration issued by the Planning Director, and
ADOPT Planning Commission Resolution Nos. 3591,3592,3593, and 3594, recommending
APPROVAL of CT 92-02, PUD 92-03, SDP 92-06, and HDP 92-03, based on the findings
and subject to the conditions contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting recommendation of approval for a Vesting Tentative Tract Map,
Planned Development Permit, Site Development Plan, and Hillside Development Permit to
subdivide 129 single-family lots, subdivide and construct 76 townhomes and 72
condominium units, construct 72 apartment units, and designate two future community
facility sites, all on property generally located east of Paseo del Norte, north of Camino de
las Ondas, and south of Palomar Airport Road. The parcel is'located in the Coastal Zone,
totals 68.5 gross acres, is undeveloped, and a majority of the site is currently under
agricultural cultivation.
The property has a split zoning and General Plan Land Use designation. The property is
located in the Residential Density-Multiple Zone with the Qualified Overlay Zone (RD-M-Q)
and in the One-Family Residential Zme with the Qualified Overlay Zone (R-1-10,000-Q).
'rhe General Plan Land Use designation is Residential Medium (RM) and Residential
Medium Low (RLM). In addition, the project is subject to the requirements of the Zone
20 Specific Plan (SP 203) and Final Environmental Impact Report 90-3.
CT 92-02/PUD 92-O3/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15,1993
PAGE 2
The applicant is processing a vesting tentative map which is different from a tentative map. When a local agency, such as the City, approves a vesting tentative map, State law and
local ordinance (Title 20) stipulates that the approval.of the map confers a vested right to
proceed with the development in substantial compliance with the local ordinances, policies,
and standards in effect at the time the application was deemed complete. It is a vested
guarantee that if an ordinance or standard changes before the vesting tentative map is
finaled or building permits issued, the project would not be subject to the new
requirements.
,b shown on Exhibits "A" - 'YYY', the project is divided into four different land use areas
as follows:
Area ffAf' - In the eastern portion of the site, east of future Alga Road, there would be: (1)
a 1.3 acre future community facility site and a natural open space area with a Citywide
trail link; (2) a 72 unit condominium development with two-story buildings, dwelling units ranging in size from 858 to 1,375 square feet, two-car garages and carports, guest
parking, and a central recreational facility with a pool and club house; and (3) a 72 unit,
two-story, apartment development with one, two, and three-bedroom units ranging in size
from 551 to 1,017 square feet, carports and guest parking, and several recreational areas
including a pool and a tot lot.
Area "B" - In the central portion of the site, directly west of firture Alga Road, there would
be 40 single-family lots ranging in size from 10,000 to 28,300 square feet and a 42,000
square feet future community facility site.
Area "C' - Also in the central portion of the site, located west of Area "B", there would be
89 single-family lots ranging in size from 7,500 to 11,800 square feet.
Area I'D" - In the western portion of the site, adjacent to future Hidden Valley Road, there
would be 76, two-story townhouse units, ranging in size from 2,010 to 2,350 square feet,
with two-car garages, guest parking, and a central recreational facility with a pool and club
house.
A majority of the project would feature contemporary architecture consisting of Spanish tile
roofs with varying roof lines, and stucco exteriors. Area "D" would have townhomes with
contemporary architecture and metal seamed roofs to be more compatible with the
architecture and materials proposed for the buildings in future Poinsettia Community Park
located directly west of the project site.
Per the requirements of the City's recently adopted Inclusionary Housing Ordinance, 15%
of the proposed dwelling units (47 affordable units) must be provided for lower income
households. However, because the applicant is requesting a Density Bonus, 20% of the
total dwelling units (63 affordable units) must be reserved as affordable to lower income
households. The applicant is proposing to provide those affordable dwelling units within
the apartment portion of the project (Area "A"). 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.
CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15,1993
PAGE 3
Access to the project would be provided by the northern extension of Alga Road from it's current intersection at Poinsettia Lane and from Hidden Valley Road which would extend
from Camino de las Ondas north along the project's western boundary and connect with
Palomar Airport Road to the north.
The surrounding neighborhood is undeveloped with vacant land on all four sides. The
future Poinsettia Community Park would be located directly west on the opposite side of
future Hidden Valley Road.
[II. ANALYSIS
The proposed project is subject to the following land use plans, and ordinances:
A. Carlsbad General Plan: Land Use Element - (Residential Medium Low (RLM)
and Residential Medium (RM) Land Use Designations); 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 Development Plan -
"Affordable Housing" and Chapter 21.06 - Qualified Overlay Zone;
3. Chapter 21.95, Hillside Development Regulations;
4. Chapter 21.85, Inclusionary Housing;
5. Chapter 21.86, Density Bonus;
D. Carlsbad Municipal Code, Title 20, Subdivision Ordinance; and the Ca&mia
Subdivision Map Act;
E. Mello I1 Segment of the Local Coastal Program;
F. Growth Management (Local Facilities Management Plan Zone 20);
G. Carlsbad Municipal Code, Title 19, Environmental Protection Procedures; and
the California Environmental Quality Act (CEQA).
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PAGE 4
LAND USE ELEMENT
The property has a Residential Medium (RM) and Residential Medium Low (RLM) General
Plan Land Use Designation. The RM designation allows the development of low density
apartment, condominium, or townhome developments that range in density from 4 to 8
dudacre with a 6 dudacre growth management control point. The RLM designation
allows single-family homes that range in density from 0 to 4 dwelling units per acre with
a 3.2 dus/acre growth control point. The net density in the RLM portion of the project is
9.18 dwelling units per acre and the net density in the RM portion is 4.4 dwelling units
per acre. The project contains a combhation of apartments, townhomes, condominiums,
and single-family homes all developed at an overall net density of 5.8 dus/acre, therefore,
the project, exclusive of the density bonus request, is consistent with the growth
management dwelling unit allowance for the parcel.
OPEN SPACE AM> CONS~VATION ELEMENT
The property contains no existing or approved General Plan open space, however, the Zone
20 Specific Plan designates open space in the very northeastern comer of the property.
This specific plan designated open space also corresponds with the conceptual open space
associated with a greenway and a planned trail system link per the open space exhibits
found in the City's Open Space and Conservation Resource Management Plan (OSCRMP).
This project is consistent with the OSCRMP and Zone 20 Specific Plan in that: (1) a 20
foot wide trail easement would be provided to accommodate Trail Segment No. 30 within
the SDG&E powerline easement; and, (2) the project would also preserve in protected open
space the steep coastal sage covered slopes located in the northeastern comer of the
project.
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 47
apartment 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.
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' DECEMBER 15, 1993
B. ZONE 20 SPEClFIC PLAN (SPECIFIC PLAN 203)
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 reasons:
The project conforms to all aspects of the General Plan and applicable City
ordinances, regulations and policies.
As conditioned the project provides coordination between surrounding developments
through the provision of roadway connections with properties to the north, east,
south, and west.
The residential land uses are compatible with the existing multi-family residential
land uses to the south and the future community park to the west.
The project implements the objective 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 the following land uses creates a well planned, yet diversified
community: (1) single-family lots ranghg in size from 7,500 to over 10,000 square
feet; (2) higher density multi-family townhomes located near a community park
(Poinsettia Park) and a non-loaded collector street (Hidden Valley Rd.); (3) two future community facility sites (potential church and daycare) located adjacent to
a major roadway (Alga Road); (4) higher density condominium units located
adjacent to a community facility site and natural open space; and (5) apartment
units available to low income households located adjacent to a major circulation
element roadway (Alga Road) and natural open space.
The project would provide two community facility sites along future Alga Road.
The 1.31 acre site on the east side of the road is designated for a potential church
site. Because this site does not have a minimum of 2 net useable acres, as required
by the specific plan, staff recommends that a conditional use permit be approved by
the Planning Commission prior to development of the site. The .9 acre site located
on the west side of the Alga Road is designated for a potential day care facility.
This site meets the location and .5 acre size criteria established by the specific plan,
therefore, staff recommends that no further discretionary action be required to
develop the site with a day care use.
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PAGE 6
The project is located h Planning Area "A" of the Zone 20 Specific Plan and complies with
the required "Specid Design Criteria" as follows:
An average 50 foot setback from Alga Road would be provided.
Noise mitigation measures for the single-family homes, condominium units, and
apartments units impacted by traffic noise from Alga Road would be provided.
Enhanced landscaping would be provided along Hidden Valley Road and Alga Road,
and on the manufactured slopes between the terraced building pads.
The building elevations for the single-family homes, townhomes, condominium
units, and apartment buildings all would have a variety of materials, architectural
accent features, articulated wall and roof planes, varying roof heights and building
massing, and street setbacks. The various site plans would also have curvilinear
streets to follow the natural contours and to provided visual interest within the
project.
CARLSBAD MUNICIPAL CODE. TITLE 21:
PLANNED DEVELOPMENT ORDINANCE, CHAPTER 21.45:
The utilization of the Planned Development Ordinance in conjunction with the vesting
tentative tract map for this project allows for the following: (1) use of private gate
guarded streets in the single-family portion of the project; (2) provides a method to
approve separate ownership of the 72 air space condominium units located within the
multiple-unit buildings in Area "A" and the 76 postage-stamp townhouse lots located in
Area "D"; and, (3) allows for the development of multi-family residential development in
an R-1-10,OOO Zone in Area "AIi. 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 I1 for a more
detailed discussion on compliance with these three land use plans.
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DECEMBER 15, 1993
PAGE 7
b. 'The proposed use is necessary and desirable to provide a dce or facility which
will contribute to the long-term general well-being of the neighborhood and the
community."
The development of two community facility sites, single-family lots, condominiums,
townhomes, and apartments would provide a balance and mix of 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
square foot lots. The development of higher density multi-family units in close
proximity to natural open space, Poinsettia Community Park, and future Alga Road,
in addition to the provision of apartment units affordable to -lower income
household would create a more diversified and balanced community.
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 preserve the coastal sage scrub habitat located along the
eastern portion of Area "A'. This open space would connect with the larger open
space located in the central canyon. 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
21.45.080, and has been designed in accordance with the concepts contained in the
Design Guidelines Manual."
i. 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.
ii. The project would provide a mixture of one and two-story homes, and the
multi-family buildings would have varied roof lines, and a variety of front
building elevations and front yard setbacks.
iii. Adequate recreational vehicle storage space would be provided within the
individual projects and be sufficiently screened from the public right-of-way
and surrounding properties.
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DECEMBER 15, 1993
PAGE 8
iv. The single-family homes would have, at a rnhimurn two 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 and townhomes all have two covered parking spaces,
including garages and carports for residents, and guest parking is dispersed
along the internal driveways.
PRIVATE STREET &
DRIVEWAY WIDTH
DRIVEWAY AND
STREET SETBACK
v. The project complies with the Planned Development Ordinance as follows:
I REQUIRED PROPOSED
30 Feet 30 to 45 Feet
5 to 20 Feet 5 to 20 Feet
-
BUILDING HEIGHT
PARKING: RESIDENT: 2 Covered Spaces Per Unit
30 To 35 Feet
GUEST: 64 Spaces
RV STORAGE 20 Square Feet Per Unit
STORAGE SPACE I 480 Cubic Feet Per Unit
RECREATIONAL SPACE .
A. COMMON ACTIVE I 22,000 square feet
Patio or Balcony I B. PRIVATE PASSIVE
29 to 31 Feet
2 Covered Spaces Per Unit
Including Garage Spaces &
carports.
64 Guest Spaces
20 Square Feet Per Unit
480 Cubic Feet Per Unit
40,061 square feet
Patio, Balcony, and 15' x
15' Rear Yards
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, except the 30 foot slope height standard as explained in Section C(2)
of this report under Site Development Plan. The manufactured slopes would be
landscaped, and the single-family lots would terrace down the slope towards the
west to conform with the topography. The homes have roof lines that are varied
and relate to the topography. In addition, the northeastern comer of the site would
be preserved to protect the coastal sage habitat and to provide open space in the
central canyon.
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DECEMBER 15, 1993
PAGE 9
f. 'The project's circulation system is designed to be efficient and well integrated with
the project and does not dominate the project."
See Section C(2) and E of this report under the Qualified Overlay Zone and
Subdivision Ordinance for an explanation on project circulation.
g. 'The proposed project's design and density of the developed portion of the site is
compatible with munding 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 (5.8 dus/acre). The proposed residential land
uses are compatible in scale, architecture, and building materials with the multi-
family residential development to the south and future Poinsettia Community Park
to the west. 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 south have either existing multi-family residential
development or are planned for multi-family and single-family residential
development, therefore, the proposed multi-family and single-family residential
developments in this project would be compatible with the surrounding
neighborhood.
2. CHAPTER 21 253, SECTION 21 S3.120, SITE DEVELOPMENT PLAN - "AFFORDABLE
HOUSING" AND CHAPTER 21.06, QUALIFIED OVERLAY ZONE
The Carlsbad Municipal Code Section 21.53.120 requires a Site Development Plan for any
multi-family residential apartment development having more than 4 dwelling units or an
affordable housinn project of any size.
This project would have 349 residential units of which 47 of those units must be
designated as affordable to lower income households. The building pad in Area "A"/Lot
133 of the project does not meet the Hillside Development Ordinance's standard for slope
height (30 foot high maximum). A portion of the fill slope on the eastern edge of the
building pad for the apartments is 43 feet high which exceeds the standard by 13 feet for
approximately 100 linear feet along the slope. 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.
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DECEMBER 15, 1993
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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 pcdiaes and goals of
the City, and it would have no detrimental effect on public health, safety and welfare."
See the section below entitled Oualified DeveloDment Overlav Zone (0) for additional
findings of fact that also apply to this finding requirement of the code. The creation of a
43 foot high manufactured fill slope that exceeds the 30 foot standard does not pose a
health and safety problem if the recommendations of the projects's geotechnical report are
adhered to. The slope height standard of 30 feet is an aesthetic regulation intended to
minimize visual impacts created by large manufactured slopes. The overheight slope would
not face any public roadways including Alga Road and be contour graded and adequately
landscaped to provide for visual screening, thus, offsetting any visual impacts created by
the additional 12 feet of slope height.
QUALIFIED DEVELOPMENT OVERLAY ZONE (Q)/CHAPTER 21.06
The zoning for the property includes the Qualified Development Overlay Zone (Q),
therefore, before the Planning Commission recommends approval of the project to the City
Council, Title 21 , Chapter 21.06, Section 21.06.020(b) requires the Planning Commission
to make the following findings:
(1) 'That the requested use is properly related to the site, surroundings and
environmental settings, is consistent with the various elements and objectives of the
geneml plan, will not be detximental to &sting uses or to uses specifically
permitted in the area in which the proposed use is to be located, and will not adversely impact the site!, surroundings or traffic circulation."
The project is consistent with the General Plan and 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 in Section G of this report: The
proposed residential land uses are compatible in scale, architecture, and buiiding
materials with the multi-family residential development to the south the future
community park to the west. 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.
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DECEMBER 15, 1993
PAGE 11
'That the site for the intended use is adequate in size and shape to accommodate
the use."
The project complies with all City ordinances and polices except for the Hillside
Ordinance's slope height standard as explained in Section C(2) of this report,
therefore, the parcel is adequate in size, shape and slope to accommodate the
proposed land uses.
'That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighbrhood will be provided and maintained."
The project would be conditioned to provide a solid wall or fence, and landscaped
windbreaks 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 operations.
Area "B" and '% - Single-family Residential:
a). Standard R-1 Zone front, side and rear setbacks would be provided for each
home, and all homes would have at least a two-car garages to satisfy off-
street parking requirements.
b). The front yards of all the lots would be landscaped with a minimum of 3
street trees of varying sizes, and the SO foot setback along Alga Road would
be landform graded and heavily landscaped.
Area "A" and "D" - Multi-Family Residential And Community Facility Site:
a). The bulk and scale of the proposed two-story condominiums, townhouses,
and apartment buildings would be compatible with the existing and
surrounding residential development to the south. The proposed multi-family
townhomes would provide an appropriate transition between the proposed
single-family land use to the east and the future community park land use to
the west.
b). The design of the project would assure a unique mix of residential
development, and enhance the aesthetic quality of the area as follows:
i. The street setbacks would be landscaped with a combination of trees
and shrubs to partially screen the residential structures from the
public streets.
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DECEMBER 15, 1993
PAGE 12
ii. The building elevations would have textured stucco exteriors and tile and metal roofs, varied roof lines, architectural accent features and
building forms, and varied building facades.
iii. The dwelling units would be orientated at various angles along the
driveways to provide an enclosure of space between the buildings and
to provide more visual interest when the project is viewed from the
public streets.
(4) 'That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use."
Area "B" and "C" - Single-Fdy Residential:
All the local, collector, and major streets, both within and offsite of this project
would be constructed to City standards, have underground utilities, and contain
public sidewalks. A pedestrian access is provided between Lots 47 and 48 in Area
"C" to allow access to future Hidden Valley Road and Poinsettia Community Park.
Area "A" and W' - Multi-Family Residential And Community Facility Site:
The project would provide adequate onsite parking (498 parking spaces) 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 street
frontages to serve the project.
The proposed 30 to 45 foot wide central private driveways would be
adequate to provide safe and efficient traffic circulation, vehicle turn
movements, and emergency access. 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 parking spaces
and adequate separation for two-way traffic (12 feet per travel lane).
An internal pedestrian circulation system that is separated from the
driveways within the multi-family projects would be provided and allow
sufficient and safe access to the recreation facility and adjacent public streets.
Adequate access for emergency vehicles is provided by the central 30 to 45
foot wide private driveways that service the multi-family projects. The 30
to 45 foot wide driveways are also wide enough to accommodate emergency
vehicles, and the project would be conditioned to prohibit parallel parking
along the 30 foot wide driveways. The project has been reviewed and
approved by the Fire Depamnent.
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DECEMBER 15, 1993
PAGE 13
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 Pennit is required. The project design is in
conformance with the development and design standards of the Hillside Development
Regulations and the Hillside Development Guidelines, with exception to the maximum 30
foot high slope standard and the restriction on developing on slopes 40% and greater. A
43 foot high fill slope is being requested to provide a building pad large enough to
accommodate 72 apartment units, a portion of which would be designated as affordable
to lower income households (see discussion under Site Development Plan, Section C(2) of
this repon).
Grading of 40% slopes would also be necessary to construct portions of Alga Road. Areas
where circulation element roadways must be placed and no feasible alternatives consistent
with this chapter are available may be excluded from the requirements of the Hillside
Development Regulations by the decision making body based on Section 21.95.090(b)(2) I
of the ordinance. The alignment of Alga Road in this area was established with the
approval of the tentative map for Cobblestone Sea Village (CT 84-32). Analysis of
alternatives for Alga Road indicated that due to constraints from the SDG&E powerline
easement that traverses through the main canyon there is no feasible alternative consistent
with the Hillside Development Regulations.
Before the Planning Commission approves the Hillside Development Permit, 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 'X' dated, December 15, 1993.
(2) 'That the development proposal and all applicable development approvals and
pennits 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."
a). All manufactured cut and fill slopes are landforrqkontou graded and do not
exceed a height of 30 feet, except for the 43 foot high slope along the
eastern portion of the apartment development in Area "A" (See Site
Development Plan, Section C(2) of this report for further explanation).
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DECEMBER 15, 1993
PAGE 14
The project's cut/fill grading volumes of 8,652 cubic yards per graded acre
falls within the "potentially acceptable range" of 8,000 - 10,000 cubic
yds./acre. Included in these volumes is 86,000 cubic yards of grading for
Alga Road which is a circulation element roadway. When grading for Alga
Road is subtracted out of the grading calculations, the project's grading
volumes are reduced to 7,773 cubic yards per graded acre and are within the
"acceptable range".
Landscaping in conformance with the Zone 20 Specific Plan and the City's
Landscape Manual would be provided on all manufactured slopes to assist in
visually screening the slopes and to reduce erosion.
AU structures and roofs within the project would be earth tone in color to
reduce visual impacts.
A percentage of the homes along the northhouth trending and gently sloping
ridgeline would be one-story in height and all homes would have varying
roof lines.
The multi-family residential buildings are setback from the top of
manufactured slopes from a range of 15 to 60 feet, along the eastern portion
of Area ItA".
(3)
(4)
4.
'That no development or grading will occur in those portions of the property which
are undevelopable pursuant to the provkions of Section 21.53.230 of this code."
All undevelopable areas have been identified and except for Alga Road no
development or grading would occur in the areas containing 40%+ slopes.
'That the project design and lot configutation mhhizes disturbance of hillside
lands."
The proposed grading would create single-family building pads that are terraced for
views and step down the slope. A majority of the local streets and manufaciured
slopes are Curving and are aligned to follow the north/south trending contours. The
street alignments and curving landform graded slopes would reduce visual impacts
created by the grading and help simulate the natural slope conditions.
INCLUSIONARY HOUSXNG ORDINANCE, CHAPTER 21.85:
The Inclusionary Housing Ordinance implements the hclusionary objectives of the Housing
Element (Objective 3.6), 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
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SAMBI DECEMBER 15, 1993
PAGE 15
General Plan pennits 312 dwelling units on this site, therefore, 15% of those units would
yield a minimum requirement to provide 47 housing units affordable to lower income
households, (Note: the applicant has requested a density bonus, therefore, 20% of the 312
base units dwelling units or 63 units must be affordable). The applicant is proposing to
meet the affordable housing requirement of the project within the apartment portion of the
site plan (Area "A"/Lot 133). In addition, at least five (10% min.) of the affordable
apartment units must be three-bedroom. The applicant is proposing three-bedroom units
that contain 1,017 square feet to accommodate larger families.
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.
5.
The applicant is requesting an 11.8 percent density bonus above the maximum General
Plan land use designation for the site (RLM/RM), under the provisions of the City's
Residential Density Bonus Ordinance. The purpose of this ordinance is to provide
incentives to developers for the production of housing affordable to lower income
households. Density bonus means a minimum density increase of at least 25% over the
growth management dwelling unit allowance for the project site. Section 21.86.030 of the
ordinance states that for new residential construction the City &alJ grant a density bonus
and at least one additional incentive. Additional incentives may consist of a reduction in
development standards and architectural design requirements, partial or additional densiw
and direct financial aid. Under the provisions for a density bonus the applicant must agree
to construct a minimum of 20% (more restrictive than 15% inclusionary requirement) of
the total base units of the project as restricted and affordable to low income households,
or a minimum of 10% of the total base units as restricted and affordable to very low
income households. The project would have 72 apartment Units in Area "A" and the
applicant shall meet these minimum density bonus requirements by providing 63 apartment
units affordable to lower income households.
DENSJTY BONUS ORDNANCE, c"ER 21.86:
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DECEMBER 15,1993
CITY ADMINISTRATION
LIBRARY
WASTE WATER TREATMENT
PAGE 16
1,213.36 sq. ft. Yes
647.1 sq. ft. Yes
353 EDU Yes
D. GROWTHMANAGEMENT
~~
PARKS
DRAINAGE
The proposed project is located within Local Facilities Management Plan Zone 20 in the
Southwest Quadrant. The impacts on public facilities c,reated by this project and
compliance with the adopted performance standards are summarized as follows:
~~
2.42 Acres Yes
N/A Yes
II I I COMPLrANCEwITH
CIRCULATION
FIRE
II FACILITY I Ih4PACI-S 1 STANDARDS
~~ ~
3650 ADT Yes
Station # 4 Yes
CUSD
~~~
Yes
WATER DISTRIBUTION SYSTEM 77,660 GPD
11 OPEN SPACE I 9.03 Acres I Yes
Yes
11 SEWER COLLECTION SYSTEM I 353 EDU I Yes
This project will be served by public facilities which are adequate to meet the
increased demand generated by the increased density. In general, public facilities
have been sized to accommodate the maximum development allowed under the
General Plan and Proposition E for the Southwest Quadrant. The density increase
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DECEMBER 15, 1993
PAGE 17
requested for this project simply shifts density from one portion of the quadrant to
another and does not create an overall increase in demand beyond the projections
contained in the Citywide Facilities and Improvements Plan. Therefore, sufficient
facilities are either already in place or will be provided concurrent with the project
to ensure that the adequacy of the City's public facility plans will not be adversely
impacted.
(2) 'There have been sufficient develo~ments approved in the auadrant at densities
below the conml mint to cover the units in the ~miect above the control mint - so
that apmoval will not result in exceedinn the auadrant limit."
The Aviara Master Plan has been approved for development of approximately 572
dwelling units less than what was projected in the adopted Zone 19 LFMP. These
units are referred to as "excess" units, and they may be utilized to grant density
increases elsewhere in the Southwest Quadrant, subject to City Council Policy No.
43. Approval of this project will make use of 36.83 units, leaving a balance of
approximately 535.17 units that would be available for density increases to other
future projects. Monitoring of the balance of excess units and density increases will
assure that the quadrant limits stated in Proposition E are never exceeded.
(3) "All necessary I) ublic facilities d bv this chapter will be constructed or are
guaranteed to he constructed concumntly with the need for them created by this
develoDment and in compliance with the adopted City standards."
As stated in finding #1, all public facilities necessary to serve this project are either
already in place or will be provided by conditions of approval placed on the project.
As shown in the table above, all facilities will remain in compliance with adopted
City standards.
E. SUBDMSION ORDIT+JANcE/TITLE 2Q
The proposed tentative map would comply with all the requirements of the City's
Subdivision Ordinance, Title 20. Currently there are no public roads to serve the project
site, therefore, the developer must extend public street improvements off the project site
to connect to the existing circulation network. In addition, in order to comply with the
City cul-de-sac policy the developer is required to construct a second offsite road
connection for emergency access purposes. To satisfy this secondary access requirement,
the developer is proposing to extend Hidden Valley Road north from the project site to
Palomar Airport Road. The developer is also proposing to extend Alga Road from the
project site south to the current teIminus of Alga Road at its intersection with Poinsettia
Lane.
CT 92-O2/PUD 92-03/SDP 92-06/HDP 92-03
SAMBI
DECEMBER 15, 1993
PAGE 18
The construction of these two access roads together with the onsite roads shown on the
proposed vesting tentative map would be adequate to serve the proposed project. In addition, new traffic signals would be necessary at the intersections of Hidden Valley
Road/Palomar Airport Road, Alga/Poinsettia Lane, and Alga Road/Cherry Blossom Road.
With the construction of the roads and traffic signals, the proposed project would comply
with the established standards of the Growth Management Ordinance.
The project site naturally drains into two separate sewer basins. The portion of the project
wesr of Alga Road drains west towards Hidden Valley Road where it would be collected
in a main line and carried north down Hidden Valley Road to the main trunk line adjacent
to Palomar Airport Road. The portion of project east of Alga Road naturally drains north
to Cherry Blossom Road and ultimately flows in a main line down the canyon which runs
parallel with Alga Road and connects to the same trunk line adjacent to Palomar Airport
Road. On an interim basis, the developer is proposing to construct a sewer lift station
adjacent to Cheny Blossom Road and pump the sewer across Alga Road to the sewer main
in Hidden Valley Road. The developer is required to contribute a fair share contribution
towards the construction of the future main line in the Alga Road canyon through payment
of the sewer benefit area fee established for this sewer drainage basin.
To mitigate drainage impacts from the project site the developer is required to provide
adequate drainage, erosion control, and urban pollutant basins. To comply with Water
Quality standards, City grading and erosion control requirements, and the requirements of
the Mello 11 segment of the Local Coastal Program, the developer is required to install
permanent and or temporary siltatiodretention basins at the downstream end of all
proposed storm drain pipes.
F. MEUO ll SEGMENT OF LOCAL COASTAL PROGRAM
The project is located in the Mello I1 Segment of the Local Coastal Program (LCP) and
complies with the plan as follows:
(1) The project is located within the Coastal Resource Protection Overlay Zone. The
construction of Hidden Valley Road offsite would impact disturbed riparian habitat
and 25%+ slopes containing coastal sage scrub habitat located in a small drainage
that flows to the north and along Encinas Creek which flows east to west. This
road is required to provide access and sewer facilities to this northwestern portion
of the Zone 20 Specific Plan and there are no alternatives to the road alignment
that would be more environmentally sensitive. To offset the biological impacts
created by Hidden Valley Road a mitigation program has been provided. In
addition, portions of onsite Alga Road, Cherry Blossom Road and Carnino de las
Ondas would impact 25%+ slopes containing coastal sage scrub habitat. These
roadway links are necessary to provide access to developable areas while at the
same time comply with City engineering standards and policies for major, collector,
and local roadways.
92-O2/PUD 92-WSDP 92-06/HDP 92-03
sAMB[
DECEMBER 15, 1993
PAGE 19
The Overlay Zone permits development and grading on slopes over 25% with native
coastal habitat when it is a circulation element roadway (Alga Road), a utility
system (sewer lines, drainage basins, etc.), and in order to provide access to
developable areas of the project site if there is no less environmentally damaging
alternative. In all cases biological mitigation is proposed to offset any impacts to
coastal sage habitat. The project has been conditioned such that prior to approval
of a final map, all applicable state and federal resource agencies must be consulted,
applicable permits must be obtained, and a final biological mitigation program must
be approved.
The project would also 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 to October
1.
The project contains vacant non-prime agrkdtural land containing Class 111 and lV
soils and is located in the Coastal Agricultural Overlay Zone (Site 11). The Mello I1
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"; and (3)
"Agricultural Conversion Mitigation Fee".
ENVIRONMENTAL REVIEW/ TtTLE 19 AND CEOA
The project site is located within the boundaries of the 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.
The recommended and applicable mitigation measures of Final EIR 90-03 would be
included as conditions of approval for this project. Per the requirements of Final EIR 90-03
additional project specific environmental studies, including biological analysis, have been
prepared. 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 result from implementation of the project.
Per the recommendations of Final EIR 90-03 a Conditional Negative Declaration was issued
for this project to evaluate the additional environmental impacts to coastal sage scrub and
riparian habitats created by onsite development and the alignment of Hidden Valley Road
north to Palomar Airport Road. The Planning Director has determined that the project
could have a significant effect on the environment, however, there would not be a
significant effect in this case since the mitigation measures described in the attached initial
study have been added to the project. This decision was based on findings of the
Environmental Assessment Part 11, Biological Resource Impact Studies, a Geotechnical
Report, acoustical study, traffic report, and a field surveys by staff. A Conditional Negative
Declaration was issued by the Planning Director on August 5, 1993.
CT 92-OZ/PUD 92-03/S~P 92-06/HDP 92-03 , SAMBI
DECEMBER 15, 1993
PAGE 20
The Conditional Negative Declaration was sent to the State Clearinghouse for State Public
Agency review, and one letter from the Department of Fish and Game was received. It was
also sent to the United State Fish and Wildlife Senrice'and the Army Corps of Engineers
for review and no comments were received. The Department of Fish and Game has
indicated that the project would create impacts to sensitive coastal sage scrub and riparian
habitat and they have requested consultation, therefore, the project has been conditioned
such that prior to approval of a final map, all applicable state and federal resource agencies
must be consulted, applicable permits must be obtained, and a final biological mitigation
program must be approved.
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 20 and 21; (4) findings for the Site
Development Plan can be made under Section 21.06.020 and 21.53.120; (5) is consistent
with the Mello I1 Local Coastal Program; (6) complies with Growth Management; and (7)
is in conformance with the mitigation requirements of Final EIR 90-03, and will not
significantly impact the environment, therefore, staff recommends approval of CT 92-
02/PUD 92-03/SDP 92-06/HDP 92-03.
ATTACHMENTS
1. Planning Commission Resolution No. 3590
2. Planning Commission Resolution No. 3591
3. Planning Cornmission Resolution No. 3592
4. Planning Cornmission Resolution No. 3593
5. Planning Commission Resolution No. 3594
6. Location Map
7. Background Data Sheet
8. Local Facilities Impact Assessment Form
9. Disclosure Form
10. Reduced Exhibits
11. Full size Exhibits "A" - YYY', dated December 15, 1993
JG:lh
November 26. 1993
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PLANNING COMMISSION RESOLUTION NO. 3590
A RESOLUTION OF THE PLANNING COMMISSION OF THE cIm OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A CONDITIONAL NEGATIVE DECLARATION
FOR AVESTING TENTATIVE MAP, PLANNED DEVELOPMENT
PERMIT, SITE DEVELOPMENT PLAN, AND HILLSIDE
LOTS, 76 TOWNHOMES, 72 CONDOMINIUM UNITS, 72
APARTMENT UNITS, AND ,TWO FUTURE COMMUNITY
FACILITY SITES, ALL ON PROPERTY GENERALLY LOCATED
EAST OF PASEO DEL NORTE, NORTH OF CAMINO DE LAS
ONDAS, SOUTH OF PALOMAR AIRPORT ROAD IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 20.
CASE NAME: SAMBI
DEVELOPMENT PERMIT TO DEVELOP 129 SINGLE-FAMILY
CASE NO: CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
WHEREAS, the Planning Commission did on the 15th day of December, 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, examining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all
factors relating to the Conditional Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of the conditional Negative
Declaration according to Exhibit "CND", dated August 5, 1993, and "PII",
dated July 15, 1993, attached hereto and made a part hereof, based on the
following findings:
Findinns:
1. The initial study shows that the proposed project could have a significant impact on
the environment, however, there will be no sigruficant impact in this case because
the mitigation measures described in the initial study have been added to the
project.
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2. The streets are adequate in size to handle traffic generated by the proposed project.
3. The project is in compliance with the adopted mitigation measures of Find
Environmental Impact Report 90-03 and would not create any additional significant
environmental impacts based on the conditions of this Conditional Negative
Declaration.
Conditions:
1.
2.
Approval of this project, is subject to all conditions contahed in Planning
Commission Resolution No.'s 3591, 3592, 3593, and 3594.
The applicant shall provide the following noise mitigation measures to comply with
Planning Department Policy No. 17:
a.
b.
C.
d.
Prior to occupancy of individual units, the applicant shall construct
sound attenuation walls, berms, or a combination of both along Alga
Road per the requirements of the project's noise study dated
September, 1992 and any subsequent amendments. If sound
attenuation walls are provided along Alga Road, the walls shall be
designed with pilasters, be compatible with the proposed
development, offset with tree wells, and landscaped to provide
screening of the walls fiom the roadway in order to reduce visual
impacts along the street. All secondary story balconies along Alga
Road shall be sound attenuated to 60 CNEL.
To obtain an interior noise level of 45 CNEL, the windows and doors
in buildings subject to traffic noise must be closed, therefore, a
"windows closed" condition is applicable and a mechanical ventilation
system with fresh air provisions in accordance with the Uniform
Building Code and Planning Department Policy No. 17 is required.
Prior to the issuance of building permits the owner of the record of
the property shall prepare and record a notice that this property is
subject to noise impacts fiom the existing Alga Road transportation
corridor and overflight, sight, and sound of aircraft operating.from
Palomar Airport. The notice shall be prepared in a manner meeting
the approval of the Planning Director and the City Attorney.
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 Ph.nn.hg Department).
PC RES0 NO 3590 2
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The applicant shall comply with the City’s requirements of the National Pollutazr
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
City Engineer prior to issuance of grading or building permit, whichever occurs first.
Prior to approval of a final map, issuance of a grading permit, or approval of
improvement plans for Hidden Valley Road from the Poinsettia Park north to
Palomar Airport Road, whichever occurs first, a detailed biological mitigation,
restoration and enhancement plan to mitigate project and Hidden Valley Road
biological hpacts, per the recommendations of Final EIR 90-03 and the Biological
Technical Report of the Sambi Project, dated July 1993, shall be prepared and
approved by the City. In addition, and pursuant to Section 1601/1603 of the Fish
and Game Code, the applicant shall obtain a Streambed Alteration Agreement from
the California Fish and Game Department if required for any proposed alterations
to existing natural watercourses and shall comply with any and all permit
requirements associated therewith. The applicant, in conjunction with the
Department of the Army Corp of Engineers shall determine whether a 404 permit
shall be required for alterations to wetland areas. The applicant, in conjunction
with the United States Fish and Wildlife Service shall determine ifa 10A permit or
other restrictions of the NCCP and Endangered Species Act process is required for
impacts to coastal sage scrub habitat. If applicable, the applicant shall obtain said
permits and comply with those conditions and requirements imposed therewith.
Prior to approval of a final map, issuance of a grading permit, or approval of
improvement plans for Hidden Valley Road from Poinsettia Park north to Palomar
Airport Road, the applicant, in discussion with the Planning and Engineering
Departments, shall consider, if feasible, the incorporation of an oversized culvert
under Hidden Valley Road at the Encinas Creek crossing to mitigate the effects of
fragmentation of the open space and wildlife conidor caused by the roadway, and
to enhance wildlife mobility in the area.
The applicant shall comply with all mitigation requirements of the Preliminary
Geotechnical Investigation for the project prepared by Pacific Soils Engineering, [nc.,
dated February 1989 and any subsequent revisions to the report, prior to issuance
of a grading permit.
In addition to the conditions above, the project shall comply with all the applicable
mitigation conditions of Final EIR 90-03 for the Zone 20 Specific Plan (SP 203), as
contained in Planning Commission Resolution No. 3525, dated June 16, 1993.
PC RES0 NO 3590 3
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO 3590 4
NOTICE OF COMPLETION
~~: Clearinghouse, 1600 Tenth Street, Rm. 121, Sacremento, CA 95814 - 916/445-0613
See NOTE Betar:
Projut Title: Sanbi - CT PZ-OZ/HOP 92-03/wO 92-03/SOP 92-04
Lead Agecry: City of Cartsbad Contact Person: Jeff Gibson
City: Carlsbad Zip: 92009 Cocnty: San Dieso
PROJECT LOCATIOY:
County: San Dieso City/Nearest Camnnity: Carlsbed
Cross Streets: Camino de Las Ondas/Paseo del Norte Total Acres: 68.6
Assessor's Parcel No. 216-14-07 Section: TW. Range: Base:
Uithin 2 Wiles: State Huy #: 1-5 Uaterways: Batiquitos Lagoon
Street Address: 2075 Las Palms Drive Phm: (619)~3a-i161. ext. 4455
____.____.________._-.---.---.-..------.-------------------------.--.---------.-------------..-----.--------.---.----.-.-------
Airprts: McClellcn - PelaMr Railways: ATLSF Schools: --------.----__-_-______________________--------------------.---------------------------------..---------.---------------.-------
WCUEYT TYPE
Joint OOcunent - Final Docwnt
EM: - NOP - Supplement/Subscqucnt YEPA: - NO1 OTHER: - EA
FONS I
- Early Cons - EIR (Prior SCH No.) -
- Draft EIR - X Neg Oec - Other - Draft €IS - Other - ---__-___.______---_-------------------------------..-------------------------------..------------------------------------.---..
Lax ACTlW TYPE
- General Plan Update - General Plan Ammdnent - General Plan ELemnt - Cmity Plan
---
Specific Plan - - Master Plan - X Planned Unit Developnnt - Site Plan
DMLBWEYT TYPE
- X Residential: Units 352 Acres 68.6
- Comnrcial: Sq. Ft. Acres Enployees - Industrial: Sq. Ft. Acres Emp 1 oyees - Educa t i one l - Retreat i OML
- Off ice: Sq. Ft. Acres EqJl oyees - Water Facilities: - Transportatim: - Mining: - Power: - Uaste Treatment: - Hazardous Waste:
X
X - - Aesthet i c/Vi sua 1 . - Flood Plain/Flooding - School smivers i ties - X Water Quality Agricultural Land - Forest LWFire Hazard - septic Wtem - Uater Srpply/ Air Quality - X Ccologic/Seismic - Sewer Capcity Grovd Uater Archaeological/Historical - ninerals X Soil Erorion/Carprction/Grading J- Wetlad/Riparian Coastal Zone - X Noise .- Solid Uaste - X Wildlife Drainage/Absorption - Popllation/Houring Balance - Toxic/Hatardous - Growth Inducing Econuni c/ Job - Prrblfc Services/Facilities - Traffic/Circulation - Lantj~~e Fiscal - Retreat 1 on/Parks - X Vegetation - Cuhllative Effect - Othqr -----___________.----------------------------------.-------------------------------------------------.-..-------------.---------
Prerat Lad Usefloning/Gaanl Plm UI. Vacant/RDM-Q;R-l-lO-O/RM;RUI
WE: Clearinghouse will assign identification nuhers for all m projects.
frcia a Notice of Preparation or previous draft docrmant) please fill it in.
If a SCH rxakr atreedy exists for a project (e.g. Revised October 1989
CONDITIONAL NEGATlVE DECLARATION
PROJECT ADDRESS/LOCATION: South of Pdomar Airport Road, east of Paseo del Norte,
north of C~o de las Ondas.
APN: 214-14-07
PROJECT DESCRIPTION: Development of a 68.6 acre parcel to include 222 multi-family
residential dwelling units - 150 townhomes and 72 apartinents,
130 single-family lots, and 625,000 cubic yards of grading to
accommodate building pads, lots, recreation areas, utilities,
private driveways, local public streets, two non-loaded collector
streets, and a circulation element roadway (Alga Road). '
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Conditional Negative Declaration (declaration that the project will not have a
significant impact on the environment) is hereby issued for the subject project.
Justification for this action is on file in the Phnn.hg Department.
A copy of the Conditional Negative Declaration with supportive documents is on file in the
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from
the public are invited. Please submit comments in Writing to the Planning Department
within 30 days of date of issuance. If you have any questions, please call Jeff Gibson in
the Planning Department at (619) 438-1161, extension 4455.
DATED:
CASE NO:
CASE NAME:
PUBLISH DATE:
AUGUST 5,1993
MICHAEL J. HIXZMK~ER
CT 92-02/PUD 92-03/SDP 92-06/
HDP 92-03 .
Planning Director
SAMBI
AUGUST 5,1993
2075 Las Palmas Drive * Carlsbad, California 92009-1576 (619) 438-1 161 @
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 92-02/HDP 92-03/PUD 92-03/SDP 92-06
DATE: JULY 15. 1993
BACKGROUND
1. CASE NAME: SAMBI
2. APPLICANT: TOYOHAM AMERICA INC. C/O MR DON AGATEP
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2956 ROOSEVELT
CARLSBAD. CA 92008
(619) 434-1056
4. DATE EM FORM PART I SUBMIITED: FEBRUARY 14.1992
5. PROJECT DESCRIPTION: Development of a 68.6 acre Darcel to include 222 multi-family
residential dwelling units - 150 townhomes and 72 aDartments . 130 sinnle-family lots, and
625.000 cubic yards of grading to accommodate building Dads. lots. recreation areas. utilities, private driveways. local Dublic streets. two non-loaded collector streets. and a circulation
element roadway (Alga Road).
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This
checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed
project and provides the City with information to use as the basis for deciding whether to prepare an
Environmental Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked
to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a sidcant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insignificant. These findings are shown in the checklist under the headings "YES-sig" and '"YES-insig"
respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would othde be determined significant.
PHYSICAL ENVIR0"T
WILL THE PROPOSAL DIREaY OR INDIRECTLY YES
(si@
1.
2.
3.
4.
5.
6.
7.
a.
9.
10.
11.
Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of fuel or energy?
Alter a significant archeological,
paleontological or historical site,
structure or object?
YES NO
(insig)
-2-
I
BIOLOGICAL ENVIRONMENT
WLL THE PROPOSAL DIRECTLY OR INDIRECTLY:
12.
13.
14.
15.
16.
Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop ox affect prime, unique
or other farmland of state or local
importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
YES YES
(sig) (insig)
NO
"ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES YES NO
(si@ (insig)
17. Alter the present or planned land use
of an area?
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services?
X
X -
-3-
"ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES YES
big) (insig)
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Result in the need for new or modified sewer
systems, solid waste or hazardous waste control systems?
Increase existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances (including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the human population of an area? .
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional traffic?
Affect existing parking facilities, or
create a large demand for new parking?
Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
Interfere with emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Mect the quality or quantity of
existing recreational opportunities?
- X
- X
NO
X -
X -
X -
X -
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to efiminate a plant or
animal community, reduce the number or restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory.
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the hture.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable hture projects.)
36. Does the project have environmental
effects which will cause substantial adverse effects on human beings,
either directly or indirectly?
YES YES
(sig) (insig)
NO
X -
-5-
DISCUSSION OF EPJVIRONMENTAL EVALUATION
PROJECT BACKGROUND AND ENVcR0"TAL SETI'KNG:
The project is located south of Rihrnar Airport Road, east of Paseo Del Norte, adjacent to future Hidden
Valley Road, and north of Camin0 De Las Ondas in the City of Carlsbad. The western two-thirds of the
property is almost entirely utilized for active agricdturd use. The property contains gently sloping
topography that rises from west to east towards a ridgeline. At the northwestern comer of the property is the edge of a highly disturbed finger canyon which continues north and eventually connects with
Canyon de las Encinas. Along the eastern edge of the property is a larger nowsouth canyon system.
Elevation ranges hm 156 to 300 feet above mean sea level. Soil types include Las Flores loamy fine sand, Gaviota fine sandy loam, and Chesterson fine sandy loam. Three vegetation types are present on
the property: ruderal/agriculture, Diegan coastal sage scrub in varying levels of disturbance, and
disturbed riparian scrub.
Vehicular access to the site would be provided from Camino de las Ondas, future Alga Road from
Poinsettia Lane, and a future collector street named Hidden Valley Road. Hidden Valley Road would
travel along the site's western property line, intersect with Camino de las Ondas to the south and
intersect with Palomar Airport Road to the north. The project would sewer north along Hidden Valley
and connect with the east/west trunk line in Canyon de las Encinas.
The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre Zone
20 Planning Area. The Final EIR 90-03 for SP 203 addresses the potential environmental impacts
associated with the future buildout of the Zone 20 Specific Plan area. Use of the program EIR enables
the City to characterize the overall environmental impacts of the specific plan. The Final EIR contains
broad, general environmental analysis that serves as an information base to be consulted when ultimately
approving subsequent development projects (Le. tentative maps, site development plans, grading permits,
etc ...) within the specific plan. The City can avoid having to "reinvent the wheel" with each subsequent
development project by analyzing, in the program EIR, the regional influences, secondary effects,
cumulative impacts, and broad alternatives associated with buildout of the planning area. The recommended mitigation measures of Final EIR 90-03 will be included as conditions of approval for this
project. This subsequent expanded "Initial Study" is intended to supplement the Final EIR and provide
more focused and detailed project level analysis of site specific environmental impacts and provide more
refined project level mitigation measures as required by Final EIR 90-03. As an example, additional
environmental impacts not addressed in EIR 90-03 include riparian impacts created by the alignment of
Hidden Valley Road north to Palomar Airport Road and site specific traffic noise impacts.
PHYSICAL ENVIRONMENT:
Development of the site would include 625,000 cubic yards of grading to accommodate building pads,
lots, recreation areas, utilities, private driveways, local public streets, two non-loaded collector streets
and a circulation element roadway (Alga Road). The proposed grading and development of the project would conform to the Citfs Hillside Development Ordinance and manufactured slopes would be
landfowcontour graded, landscaped, and not exceed 30 feet in height, therefore the alteration of the
topography would not be considered a significant physical impact. The Preliminary Geotechnical
Investigation prepared by Pacific Soils Engineering, Inc., dated February 6,1989 states that; "the subject
property is compatible with the indicated geotechnical conditions and may'be developed with
conventional cut and fill grading techniques; Considering the dense to medium dense character of the
Lindavista Formation and Scripps Formation, liquefaction potential is considered nii". Erosion control
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meaSuTeS including landscaping on manufactured slopes, adequate drainage facilities, and proper sod compac~on would all be conditions of approval for the project and be required by the Engineering
Depment prior to issuance of the grading permit.
Development of the project w0uld create impervious surfaces onsite which reduce absorption rates and
increases surface runoff and runoff velocities, however, the appropriate drainage facilities would be
provided. Drainage from roofs, streets, driveways, slopes, and yards in the project would constitute a
potentially signrficant impact to water quality due to urban pollutant runoff, therefore, mitigation
measures will be required to reduce to an insignificant level the amount of contaminants contained in
the moff. Temporary desiltation basins would be provided within the project in graded pad areas and
a permanent basin is proposed west of future Hidden Valley Road, adjacent to Encinas Creek at the 67
foot elevation. Prior to issuance of a grading permit the applicant must comply with the requirements
of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant would be required to provide the best management practices to reduce surface pollutants to an acceptable level
prior to discharge to sensitive biological areas. Compliance with this requirement would reduce any
water quality impacts to below a level of significance.
For a discussion on air quality see Section 3.3 of Final EIR 90-03 for the Zone 20 Specific Plan (SP 203).
Final EIR 90-03 identified one archaeological site (Sdi-9478) and no historic sites Within the project
boundaries. Sdi-9478 is classified in EIR 90-03 as a site that was identified as potentially significant and
will require preliminary significance evaluation prior to approval of a tentative map. The Preliminary
Archaeological Analysis For Sdi-9478, prepared by Advanced Sciences, Inc., dated July 10, 1992,
indicates that the site can not be located for testing due to dense, high grass cover, and recent extensive
agricultural activity in the area. Due to the extremely disturbed nature of the area it was determined that the site is no longer extent, therefore, Site CA-Sdi-9478 has been determined not significant based
on criteria presented in Appendix K of CEQA and no further recommendations for cultural resources
impact mitigation are offered.
BIOLOGICAL ENVIRONMENT:
The Biology Section of Final EIR 90-03 provides baseline data at a gross scale due to the large size of
the planning area. Given the large number of property owners and their differing development horizons
and the inevitable change in biological conditions over the long term buildout of the planning area, it
is not possible to mitigate biological impacts from the buildout of the entire specific plan under one
comprehensive open space easement that crosses property lines or a habitat revegetatiodenhancement
plan sponsored solely by the property owners. Based on the future biological impacts created by individual subsequent development projects, property owners within the planning area will be given
several mitigation options that will be based on subsequent and additional site specific bioldgical survey
and impact analysis. These additional biological studies will consider the baseline data and biological
open space recommendations of Final EIR 90-03 and provide more detailed resource surveys plotted at
the tentative map scale for each property. The range of the future mitigation options would include
preservation of sensitive habitat onsite in conjunction with enhancement/revegetation plans, payment
of fees into a regional conservation plan, or the purchase and protection of similar habitat offsite.
A Biological Technical Report was prepared for the project by Anita Hayworth, Biological Consultant,
dated July 1993. This subsequent biological study is intended to supplement the Final EIR, provide more
focused and detailed project level analysis of site specific biological impacts and provide more refined
project level mitigation measures as required by Final EIR 90-03. The report indicates that
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implementation of the project would create significant impacts to coastal sage scrub and riparian habitats,
therefore, mitigation measures designed to reduce biological impacts to below a level of significance will
be required as part of this environmental document, (see attached conditions). The project site was
surveyed for sensitive plant and animal species and no species were observed during the sensitive species
survey, including the burrowing owl survey, therefore, sipficant impacts would not occur to sensitive
species. Mitigation proposed in the biology report includes onsite habitat preservation, onsite efimcement/revegetation of habitat, and the option for offsite enhancement/revegetation, purchase and
protection of inkind offsite habitat, or the possible payment of fees for a regional conservation plan. The
detailed mitigation plans would be finalized prior to approval of a final map for the project and subject
to review and approval by State and Federal resource agencies.
The site is currently being utilized for agricultural purposes. It does not contain prime agricultural SO&,
however, it is located in the Coastal Agricultural Overlay Zone (Site It) and the Mello It Local Coastal
Program requires mitigation when non-prime coastal agricultural land is converted to urban uses,
therefore, compliance with the adopted LCP mitigation would reduce all adverse impacts to an
insignificant level.
"ENVIRONMENT:
The project would not alter the planned land use of the site and is consistent with the residential land
use designation and density established by the Land Use Element of the City's General Plan.
Portions of the site had been farmed and cultivated for a number of years and there may be a potential
for significant impacts to future residents from accumulations of hazardous chemicals in the soil. Based
on the Soil Testing for Pesticide Residue Report for Sambi prepared by Pacific Soils Environmental, dated
July 1992, analytical tests on soil sampled did not detect pesticideherbicide residue. The report states
that; "further environmental sampling for pesticide residue in soil appears unwarranted for this property,
based on the information available at this time".
The project would increase t~affic in the area, however, a Traffic Impact Analysis conducted as part of
the Zone 20 Specific Plan and the project indicates that compliance with the circulation requirements of
the Zone 20 Specific Plan (SP 203), Final EIR 90-03, and the Local Facilities Management Plan for Zone
20 would mitigate any significant traffic impacts.
The project is located within the Zone 20 Local Facilities Management Plan. Public facility impacts and
financing have been accounted for in this plan to accommodate the residential development. The
residential land use would be consistent with the General Plan, therefore, the project would not
significantly impact public facilities and planned land uses.
Traffic noise from future Alga Road would create a significant impact on homes adjacent to the road,
therefore, a noise study was prepared for the project by Robert Ka€m, John Kain Associates, tnc., dated
February 1992. Noise levels on the project site will not exceed the exterior noise standard of 60 CNEL
and the interior noise standard of 45 CNEL, if the recommended mitigation measures recommended in
this study are implemented. Sound attenuation walls, berms, or a combination of both would be required
along Alga Road to mitigate exterior traffic noise to comply with Phmhg Department Policy No. 17.
If sound attenuation walls are provided along Alga Road, special landscaping and wall design criteria
shall be required to reduce any potential visual impacts the walls may create along the roadway.
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ways~s OF VIABLE ALTERNATIVES TO THE PROPOSED PROJEm SUCH AS:
a) Phased development of the project,
b) alternate site designs,
C) alternate scale of development,
d) altemate uses for the site, e) development at some future time rather than now,
f) alternate sites for the proposed project, and
g) no project alternative.
For a discussion on alternatives to the proposed project see Section 8.0 in Final EIR 90-03 for the
Zone 20 Specific Plan (SP 203).
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On'the basis of this initial evaluation:
1 find the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that the proposed project COULD NOT have a significant effect on the environment, because
the environmental effects of the proposed project have already been considered in conjunction
with previously certified environmental documents and no additional environmental review is
required. Therefore, a Notice of Determination has been prepared.
I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures described on an
attached
sheet have been added to the project. A Conditional Negative Declaration will be proposed.
I find the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
3kL 1933 ' Date
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LIST MITIGATING MEASURES (IF APPLICABLE]
1. The applicant shall provide the following noise mitigation measures to comply with Planning
Department Policy No. 17:
a. Prior to occqmcy of individual units, the appliczmt shall co~lst~ct sound
attenuation walls, benms, or a combination of both along Alga Road per the
requirementS of the project's noise study dated February, 1992. If d attenuation walls are prwided along Alga Road, the walls shall be designed.
with pilasters, be comptiile with the proposed development, offset with tree-
wells, and hdscqed to provide saeenhg of the walls hm the roadway in
order to reduce visual impacts along the street.
b. To obtain an interior noise level of 45 CNEL, the windows and doors in
buildings subject to traffic noise must be closed, therefore, a"windows closed"
condition is applicable and a mechanid veurilation system with fresh air provisionS in accordazlce with the Uniform Bddi~g Code and PlaMing
Department Policy No. 17 is requkd.
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c. Prior to the issuance of building permits the owner of the record of the property
shall prepare and record a notice that this property is subject to noise impacts
from the existing Alga Road transportation corridor and overflight, sight, and
sound of airnaft operating hm Palomar Airport. The notice shall be prepared
in a manner meeting the approval of the Planning Director and the City
Attorney.
d. The applicant shall post airaaft noise notification Signs in all sales and/or rental
offices assodated with the new development. The number and locations of said
signs shall he approved by the Planning Director (see Noise, Form #3 on file
in the Planning Department).
2. The applicant shall comply with the City's requirements of the National Pollutant Discharge
Elirdnation 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 City Engineer prior to issuance of grading or building
pennit, whichever occm first.
3. Prior to approval of a final map, issuance of a gtading pennit, or approval of impmvanm plans
for Hidden Valley Road hm the Poinsettia Park south to Palomar Airport Road, whichever occurs firsz a detailed biological mitigation, restoration and enhancement plan to mitigate project and
Hidden Valley Road biological impacts, per the recommendations of Final EIR 9043 and the
Biologicid Technical Report of the Sambi Project, dated July 1993, shall be prepared and approved
by the City. Ln addition, and pursuant to Section 1601/1603 of the Fish and Game Code, the
applicant shall obtain a Streambed Altemtion Agmment fiom the California Fish and Game
Department if required for any proposed alterations to existing ~tural WatercouTSes and shall
comply with any and all permit requirements associated therewith. The applicant, in conjunction
with the Department of the Army Gorp of Engineers shall detexmine whether a404 permit shall be
required for alterations to wetland areas. The applicant, in conjunction with the United States Fish
and Wildlife Service shall detexmine if a 1OA permit or other restrictions of the NCB and
Endangered Species Act process is requid for hpacts to coastal sage saub habitat If applicable,
therewith. the applicant shall obtain said permits and comply with those conditions and reqtrirements imposed
4. Prior to approval of a final map, issuance of a grading pennit, or approval of improvement plans for Hidden Valley Road fi?om Poinsettia Park south to Pdomar Airport Road, the applicazq in
discussion with the Planning and hgheemg shall consider, if feasible, the
incorporation of an oyersized culvert under Hidden Valley Raid at the Endnas M- sassing to
mitigate the effects of fragmentation of the open space and wildlife amidor caused by the roadway,
and to Pnhwnce wildlife mobility in the area.
Geotechnid The applicant shall comply with all mitigation qukemeuts of the hpruIllnary
Investigation for the project prepared by Pacific Soils &@memq, Inc., dated February 1989 and
any subsequent revisions to the report, prior to issuance of a grading permit
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6. In addition to the conditio^^^ above, the project shall compfy with all the mitigation conditions of
Resolution No. 3525, dated June 16,1993. If Find EZR !XW3 is not ded by the City Council
tal review
Final EIR 90-03 for the Zone 20 Specific Plan (SP 203), as amtamed inPlanningcomrmssl '011
this Conditional Negative Dedaration shall become null and void and new
shallbereqrrired.
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1~fACl-l MITIGATION MONITORING PROGRAM (IF APPLICABLE)
VPLICANT CONCURRENCE w[TH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR W" THE ADDITION OF THESE MEASURES TO THE PROJECT.
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APPENDIX P ENVIRONMENTAL MITIGATION MONITORING CHECKLIST Page L of L
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PLANNING COMMISSION RESOLUTION NO. 3591
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A VESTING TENTATIVE TRACT MAP TO
CONDOMINIUM UNITS, 72 APARTMENT UNITS, AND TWO
FUTURE COMMUNITY FACILITY SITES, ALL ON PROPERTY
GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH
OF CAMINO DE LAS ONDAS, SOUTH OF PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20.
CASE NAME: SAMBI
DEVELOP 129 SINGLE-FAMILY LOTS, 76 TOWNHOMES, 72
CASE NO: CT 92-02
WHEREAS, a verified application for certain property to wit:
The South Half of the Southeast Quarter and the South 60
acres of the North Half of the Southeast Quarter of Section 21,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, County of San Diego, State of California, according
10 United States Government Survey, approved October 25,
1875, according to the Official Plat thereof.
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 15th, day of December,
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 Vesting Tentative Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 92-02, based on the following findings and subject
to the following conditions:
Findin=:
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The project is consistent with the General Plan and Zone 20 Specific Plan since the
RM designation allows the development of low density apartment, condominium,
or townhome developments that range in density from 4 to 8 dudacre with a 6
dus/acre growth management control point. The RLM designation allows single-
family homes that range in density from 0 to 4 dwelling units per acre with a 3.2
dus/acre growth control point. The net density in the RLM portion of the project
is 9.18 dwelling units per acre and the net density in the RM portion is 4.4 dwelling
units per acre. The project contains a combination of an overall net density of 5.8
dus/acre, therefore, the project, exclusive of the density bonus request, is consistent
with the growth management dwelling unit allowance for the parcel.
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
District 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.
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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.
The project is consistent with all policies of the Mello It Segment of the 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.
Conditions:
1.
2.
3.
Recommendation of approval is granted for CT 92-02, as shown on Exhibits "A' -
"YYY'', dated December 15, 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 District Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy. This note
shall be placed on the final map.
PC RES0 3591 3
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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
February 12, 1992, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
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 6591'3.5. 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.
Approval of CX 92-02 is granted subject to the approval of the Conditional Negative
Declaration, PUD 92-03, SDP 92-06, HDP 92-03, SP 203, and Final EIR 90-03.
CT 92-02 is subject to all conditions contained in Planning Commission Resolution
No. 3590 for the Conditional Negative Declaration.
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 resolution/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 ha1 map of the subdivision
and final mylar of this development submitted to the City:
PC RES0 3591 4
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"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 RLM and RM. The Growth Control Point
for these designations are 3.2 and 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 (TT 92-02 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 corresponding
covenants, conditions and restrictions. Said CC&R's shall be submitted to and
approved by the Planning Director prior to final map approval.
The CC&R's shall include conditions stating the following provisions: (1) language
specifying the Homeowneis Association maintenance responsibility for all natural
open space and slope maintenance easements, and offsite manufactured slopes
shown on the approved tentative map and landscape plan (CT 92-02), which is on
file in the Planning Department; (2) In Area "D" (Lot 134), all paao coven and
decks that require a building permit shall conform to the setback and coverage
requirements of the underlying zone (RDM) and the accessory structure standards
of Title 21 of the Carlsbad Municipal Code; (3) In Area "D" (Lot 134) all trash cans
shall be stored inside the garage and out of view from the private street; (4) In
Area "A" (Lot 132) and Area I'D" (Lot 134) all dwelling units with a 5 foot setback
from the private street shall have garages installed with a automatic +rage door
opener and parking shall be prohibited on the driveway leading to the garage; (5)
Area "A" (Lot 132) is being approved as a condominium permit for residential
homeownership purposes. If any of the units in the project are rented, the
minimum time increment for such rental shall be not less than 26 days. A condition
so stating this shall be placed in the CC&R's for the project; and (6) all structures
and roofs within the project area shall be earth tone in color to reduce visual
impacts, according to the color boards approved by the Planning Dkector.
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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 scheduie
in effect at the time of building permit 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 notifymg all interested parties and successors in interest that the City of
Carlsbad has issued a Vesting Tentative Map, Planned Development Permit, Site
Development Plan, and Hillside Development Permit by Resolutions No.'s 3591,
3592,. 3593, and 3594 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 Area "A" (Lot 132 & 133) and "D" (Lot 134), 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 Area "A" (Lot 132 & 133) and "D" Lot 134) shall be
enclosed by a six foot high masonry wall with gates pursuant to City standards.
The enclosure shall be of similar colors and/or materials to the project to the
Satisfaction of the Planning Director.
For Area "A" (Lot 132 & 133) and 'ID" (Lot 134) an exterior lighting pl& 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.
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Prior to issuance of a building permit the applicant shall submit detailed building
elevations and floor plans of the recreational buildings in Area "A" (Lot 132) and
"D" (Lot 134) 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 establish a process to notify, 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 to the west the project.
This project shall comply with the requirements of the Zone 20 Specific Plan (SP
203).
To service this development the project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit District. Said facilities shall
at a minimum include a bench, free from advertising, and a pole for the bus stop
sign. The bench and pole shall be designed in a manner so as to not detract fiom
the basic architectural theme of the project and said design shall be subject to the
approval of the Planning Director and North County Transit District.
Prior to approval of the final map, the owner proposing a future community facility
development shall obtain Planning Director approval of a program to disclose the
potential community facility use to future owners of the surrounding properties.
Prior to approval of the hal map an irrevocable offer of dedication to the City of
Cdsbad, 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 132
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 "A", dated December 15, 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 trail easement,
the City shall assume responsibility, maintenance and liability for the trail(s).
If prior to recordation of final map, the City of Carkbad 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.
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36.
Prior to final map approval the 24 foot wide driveway in Area "D" (Lot 134) which
leads to the recreational vehicle storage area shall be widened to 30 feet to comply
with the requirements of the Planned Development Ordinance.
Prior to final map approval Building 12 in kea "A" (Lot 132) shall be setback 5 feet
fiom the private street leading to the unit.
Prior to approval of the final map for Area "B" and "C" (single-family lots) the
applicant shall process a Site Development Plan which shall address: (1) provisions
for a percentage of single-story homes along the ridge; (2) building height; (3)
distance between structures and building placement on the lot; (4) distance from
top of slopes; (5) slopes of roofs; and, (6) building materials and colors.
Affordable Housing - Conditions:
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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, unless
both the final decision making authority of the City and the developer agree within
an Affordable Housing Agreement to an alternate schedule for development.
The project shall construct 63 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). Six (6) of the 63 units shall have 3 or more
bedrooms.
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, shall establish, but not be limited to, the
following:
a.
b.
c.
d.
e.
f.
The number of inclusionaxy dwelling units proposed;
The unit size(s) (square footage) of the inclusionary units and
the number of bedrooms per inclusionary dwelling units;
The proposed location of the inclusionary units;
Tenure of affordability for inclusionaxy units (useful life of the
dwelling unit);
Schedule for production of the dwelling units;
hcmtives and/or financial assistance provided by the City;
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g. 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;
Standards modifications granted by the City. h.
Sign Conditions:
37. Prior to occupancy of any of residential units in Area "A" (tot 132 & 133) and "D
(Lot 134), 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.
38. 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.
39. , 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:
40.
41.
42.
43.
44.
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 the
final map.
AU landscaping shall comply with the Landscape Requirements of the Zone 20
Specific Plan (SP 230).
Prior to approval of building permits, 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.
Prior to approval of the final map, the applicant shall establish a 10 foot landscape
easement along the project's street frontage on Hidden Valley Road. These planting
easements shall be planted by the applicant per the landscape requirements of the
Zone 20 Spe&c Plan prior to occupancy of individual units.
AU 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 seeded to reduce erosion and visual impacts. Lf grading is phased, the six month
time period shall start at the completion of each individual grading phase.
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54;
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57.
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All landscaped areas shall be maintained in a healthy and thriving condition, frtz
from weeds, trash and debris.
The developer shall install street trees at the equivalent of 40-foot intervals a1cr.g
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 aid
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 shail
promote water conservation.
The developer shall avoid trees that have invasive root systems, produce excessi:-e
litter and/or too large relative to the lot size.
Prior to final occupancy, a letter from a California licensed landscape architect shail
be submitted to the Planning Director certifymg 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 plars,
improvement plans and grading plans.
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. One (1) gallon shrub sizes may be used
if it is deemed to be more beneficial for the long term survivability of the plants as
determined by the Planning Director.
The number of trees in the project shall be equal to or greater than the number cf
residential units.
20% of the trees in the project shall be 24” box or greater.
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Environmental Mitigation Conditions:
58.
59.
60.
To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello 11 Local Coastal Program, prior to hal map approval, the
applicant shall execute an agreement to pay a $~O,oOO.OO (per converted acre)
agricultural mitigation fee. The fee shall be paid prior to issuance of a building
permit.
Compliance with APCD Rdes 51 (The “Nuisance” Rule), 52 (Partidate 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 consmction equipment shall be
operated according to manufactureIs 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 Rdes 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 Homeowners Association and apartment project owner 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 and rental offices of the project. A condition so stating this shall also
be placed in the CC&R’s for the project.
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61.
62.
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66.
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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 identify 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 final 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 onsite. 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 infi-astructure 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
will 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 Permit requirements pursuant to San Diego Regional Water
Quality Control Board Order No. 9042, adopted by City Council Resolution No. 90-
235.
Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shall establish a process to notify, to the satisfaction of the
Plaming Director and City Attorney, all owners, users and tenants of'& 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.
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67.
68.
69.
70.
71.
72.
Paleontology:
a. 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 pennit.
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 evaluauon 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.
b.
c.
d.
e.
Prior to issuance of a building permit the project shall comply with the City of
Carlsbad's standards for solid waste management.
AU grading shall comply with the recommendations of Pacific Soils Engineering, hc.
Preliminary Geotechnical Investigation dated February 6, 1989 and any subsequent
amendments, and on file in the Planning Department.
To reduce the Visual impacts of the project, a percentage of single-family homes
along the north/south trending and gently sloping ridgeline shall be one-story in
height and have varying roof lines. Prior to approval of the final map the applicant
shall establish a mechanism to guarantee that a percentage of the homes in Area "B"
are constructed as one-story, to the satisfaction of the Planning Director.
All structures and roofs within the project shall be earth tone in color. Prior to
issuance of the first building permit the applicant shall submit to the Planning
Department a sample color board depicting the proposed earth tones subject to the
approval of the Pl&g Director.
To reduce the Visual impacts of manufactured slopes and roadway Cuts, all cut and
fill slopes shall be landform-graded, contoured, and heavily screened by landscaping
in conformance with Specific Plan 203. All planted slopes shall be watered with a
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74.
complete irrigation system using low precipitation-rate sprinkler heads to stabilize
exposed slopes and curtail visual impacts associated with possible erosion.
Prior to approval of a final 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.
Prior to final map approval, the applicant shall be required: (1) to consult with U.S.
Fish and Wildlife Service (EWS) regarding the impact of the project on the Coastal
California Gnatcatcher; and, (2) be issued any permits required by the FWS.
Endeerinn - Conditions:
75.
76.
77.
78.
79.
80.
81.
Direct access rights for all lots abutting Hidden Valley Road, Cherry Blossom.Road
west of Alga Road and Alga Road shall be waived on the hal map.
This project is located Within the Meuo I1 Local Coastal Plan. AU 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.
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.
A note to the effect of the following shall be placed on a separate sheet of the final
map. All improvements are private and are to be privately maintained with the
exception of the following:
a. Hidden Valley Road, Cherry Blossom Road, Alga Road and Camino de las
Ondas.
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82.
83.
84.
85.
86.
87.
88.
89.
b. The sewer and water improvements beneath the private internal streets.
A note shall be placed on the improvement plans stating which utilities are public
and which are private.
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 denied 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
20.12.1 10(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 issuance of a building permit €or any buildable lot within the subdivision,
the property owner shall pay a one-time special development tax in accordance with
City Council Resolution No. 91 -39.
The applicant shall pay the current local drainage area fee prior to approval of the
final map for this project or shall construct drainage systems in conformance with
Master Drainage Plan and City of Carlsbad Standards as required by the City
Engineer.
Prior to final map approval the applicant shall pay all current fees and deposits
required.
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 an agreement holdhg the City
harmless regarding drainage across the adjacent property prior to approval of the
final map for this project.
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.
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90.
91.
92.
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94.
95.
96.
Upon completion of grading, the applicant shall ensure that an "as-graded" geologic
plan is submitted to the City Engineer. The plan' shall clearly show all the geology
as exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar
drafting film and shall become a permanent record.
No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the applicant
is unable to obtain the grading or slope easement, no grading permit will be issued.
In that case the applicant must either amend the tentative map or change the slope
so grading will not occur outside the project site in a manner which substantially
conforms to the approved tentative map as determined by the City Engineer and
Planning Director.
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 [he
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.
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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.
The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to. the approval of grading, building permit
or final map whichever occurs first for this project. Each basin shall be serviced by
an all-weather access/maintenance road.
Additional drainage easements may be required. Drainage structures shall be
provided for 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 the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer
shall be made by a certificate on the final map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not required to be rededicated.
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97.
98.
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101.
102.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of
the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
Prior to approval of any grading or building permits for this project, the owner shall
give written consent to the annexation of the area shown within rhe boundaries of
the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
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 rhe 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
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
This project is specifically approved as four (4) units for the purposes of recording.
Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to ,approval of 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 rhe
tentative map and the following improvements:
With the First Final Map
A. Alga Road onsite and offsite to Camino de Las Ondas shall be improved to
fidl major arterial standards, including all necessary drainage and subsurface
Utilities.
B. Alga Road offsite from Camino de las Ondas to Poinsettia Lane shall be fully
graded to major arterial standards. Full landscaped median, two 14 foot
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C.
D.
E.
F.
wide traffic lanes on either side of the median, all necessary drainage
facilities and any subsurface utility lines that may be required are to be
improved.
Cherry Blossom Road shall be constructed to full collector street standards
fkom Alga Road to Hidden Valley Road including all drainage sewer and
utility improvements.
Hidden Valley Road offsite from Cherry Blossom Road to Palomar Airport
Road shall be constructed with a 28 foot wide paved roadway with sufficient
drainage control facilities as may be required by the City Engineer, including
environmental mitigation improvements and sewer, water, and utilities that
would be located underneath the 28 foot wide roadway.
Modification to the median island on Palomar &port Road at the
intersection with Hidden Valley Road to provide appropriate left turn pockets
onto Hidden Valley Road.
Fully actuated traffic signals at Hidden Valley RoaUPalomar Airport Road,
Alga Road/Poinsettia Lane and Alga RoaWCherry Blossom Road. Actual
construction of the above noted signals shall be at the direction of the City
Engineer when traffic signal warrants are met. The developer is eligible for
reimbursement for the installation of the traffic signals at Hidden Valley
Road/Palomar Airport Road (PAR) and Alga Road/Poinsettia Lane from
Public Facilities Fees collected by the City. The cost of the median island
modifications on PAR to provide left turn pockets is not eligible for
reimbursement.
Area A
A. Full improvement of Chew Blossom Road east of Alga Road including all
improvements on and offsite necessary to complete the temporary cul-de-sac
and handle the drainage needs.
B. Full improvement of Camino de las Ondas on and offsite from Alga Road east
to the temporary cul-de-sac to local street standards including aJ necessary
drainage and utility improvements.
C. Full improvement of the temporary sewer pump station and force main.
D. All onsite and offsite sewer, water and utility improvement necessary to sewe
Area k
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106.
Area B
A. AU onsite sewer, water and utility improvement necessary to serve Area B.
Area C
A. All onsite sewer, water and utility improvements necessary to serve Area C.
B. Public access trail h-om Antherium Drive to Hidden Valley Road.
Area D
k Hidden Valley Road adjacent to Area D to one half of super collector street
standards including all necessary drainage improvements and all utility
improvements required beneath the pavement section.
B. All onsite sewer, water and utility improvements necessary to serve Area D.
C. Public access trail from Antherium Drive to Hidden Valley Road.
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 developer shall install street lights along all public and private street frontages
in conformance with City of Carlsbad Standards.
The design of all private streets and drainage systems shall be approved by the City
Engineer prior to approval of the final map for this project. The structural section
of all private streets shall conform to City of Carlsbad Standards based on R-value
tests. All private streets and drainage systems shall be inspected by the City, and
the standard improvement plan check and inspection fees shall be paid prior to
approval of the final map for this project.
Prior to issuance of the 51% building permit within Area C a secondary access road
shall be constructed consistent with City Standards.
The 20 foot public access easement shown along the southern boundary of Area D
shall be increased to 30 feet if the developer and the City are unable to secure an
additional 10 foot access easement from the adjacent property owner to the south
or if no walls or fencing are placed within the stated 30 foot pedestrian area a 20
foot wide pedestrian easement shall be sufficient subject to the satisfaction of the
City Engineer prior to find map recordation.
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The internal lot drainage shown for Area A shall be redesigned to accommodate the
proposed surface and recreational improvements, subject to the approval of the City
Engineer.
The units within Area D are proposed to be recorded within a single final map.
Should the developer wish to record these units on multiple final maps, the phasing
for construction of the internal improvements, for such multiple maps must be
approved by the City Engineer and Planning Director.
Prior to final map approval, the subdivider shall secure the dedication of all the
offsite easements necessary to construct the offsite sewer, water, drainage, slope and
roadway improvements required by these conditions.
The alignment of Hidden Valley Road shown on Sheet 2 of the tentative map is
specifically not approved. Prior to submittal of the final map the subdivider shall
realign Hidden Valley Road approximately 10 feet to the east between Stations 58
and 70 to provide additional room for the riparian mitigation on the west side of
Hidden Valley Road.
Hidden Valley Road shall be dedicated to the City from the subdivision boundary to
Palomar Airport Road, based upon a right-of-way width of 68 feet including all
necessary slope and drainage easements.
Alga Road shall be dedicated to the City from the subdivision boundary to Poinsettia
Lane based on a right-of-way width of 102 feet including all necessary slope and
drainage easements.
Camino de las Ondas shall be dedicated to the City from Alga Road to the end of
the temporary cul-de-sac as shown on the tentative map.
Carlsbad Munici~al - Water District Conditions:
114. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands are
met.
115. The Developer shall be responsible for all fees, deposits and charges which will be
collected at time of issuance of the building permit. The San Diego County Water
Authority capacity charge will be collected at issuance of application for meter
installation.
116. Sequentially, the Developers Engineer shall do the following:
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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 or 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 plans.
This project is approved upon the expressed condition chat building permits will nor
be issued for development of the subject property unless the warer district serving
the development determines that adequate water. service and sewer facilities are
available at the time of application for such water service and sewer permits will
continue to be available until time of occupancy. This note shall be placed on the
final map.
Developer shall be responsible for the following systemsfies:
A. Potable Systems:
1. Install 12" line in Hidden Valley Road from south property line to
north property line. Developer shall be eligible for reimbursement if
oversizing of line ocm. (375 H.G.)
Install 12" line (375 H.G.) in Woodruff Road and Coneflower Drive.
Install 12" line (550 H.G.) in Woodruff Road, Coneflower Drive,
Cherry Blossom Road and Narcissus Drive.
Install 18" line (375 H.G.) in Alga Road. Developer shall be eligible
for reimbursement.
Install 12" line (550 H.G.) in Alga Road from south to north property
lines.
The District has an existing 6" waterline (potable) along the southerly
property line. Developer shall relocate at his expense.
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B) Reclaimed Systems:
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Install 12" line in Alga Road from north to south property lines.
Install lines to adequately serve area "A" and area "D".
Install system to service all open space and slopes as determined by
District.
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C) Sewer Systems:
1. Pursuant to local facilities management plan Zone 20, install 8" local
trunk line in Hidden Valley Road horn southerly property line to San
Marcos tnterceptor line (gravity).
Install 12" trunk line (VBT2 per Zone 20) in Laurel Tree Drive (or
Alga Road).
2.
Any temporary sewer service alternates must be approved by the District
Engineer.
Fire Conditions:
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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 gage 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 ins tallation.
Plans and/or specifications for fire alarm systems, fire hydrants, auiomatic fire
sprinkler systems and orher fire protection systems shall be submitted to the Fire
Department for approval prior to construction.
An approved automatic fire sprinkler system shall be installed in buildings having
an aggregate floor area exceeding 10,000 square feet.
The applicant shall provide a street map which conforms to the following
requirements: A 400 scale photo-reduction mylar, depicting proposed improvements
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and at least two existing intersections or streets. The map shall also clearly depict
street centerlines, hydrant locations and street names.
A monument sign shall be installed at the entrance to the driveway or private street
indicating the addresses of the buildings on site.
128.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3592
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
PLANNED DEVELOPMENT PERMIT TO DEVELOP 129 SINGLE-
FAMILY LOTS, 76 TOWNHOMES, 72 CONDOMINIUM UNITS, 72
APARTMENT UNITS, AND TWO FUTURE COMMUNITY FACILITY
SITES, ALL ON PROPERTY GENERALLY LOCATED EAST OF PASEO
DEL NORTE, NORTH OF CAMINO DE LAS ONDAS, AND SOUTH OF
PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT
PLAN ZONE 20.
CASE NAME: SAMBI
CASE NO: PUD 92-03
WHEREAS, a verified application for certain property to wit:
The South Half of the Southeast Quarter and the South 60
acres of the North Half of the Southeast Quarter of Section 21,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, County of San Diego, State of California, according
to United States Government Survey, approved October 25,
1875, according to the Official Plat thereof.
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 15th day of December, 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) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, lhe Commission
recommends APPROVAL of PUD 92-03, based on the following findings and subjecr
to the following conditions:
Findinas:
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3.
4.
5.
6.
The project is consistent with the Zone 20 Specific Plan since the RM designation
allows the development of low density apartment, condominium, or townhome
developments that range in density fkom 4 to 8 dus/acre with a 6 dus/acre growth
management conrrol point. The RLM designation allows single-family homes that
range in density from 0 to 4 dwelling units per acre with a 3.2 dus/acre growth
control point. The net density in the RLM portion of the project is 9.18 dwelling
units per acre and the net density in the RM portion is 4.4 dwelling units per acre.
The project contains a combination of an overall net density of 5.8 dus/acre,
therefore, the project, exclusive of the density bonus request, is consistent with the
growth management dwelling unit allowance for the parcel.
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
District 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.
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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 appropriace
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 availabie
concurrent with- need as required by the general plan.
The project complies with all-requirements of Chapter 20.12 of the Carisbad
Municipal Code.
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 proposed use is necessaq 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 two community facility sites, single-family
lots, condominiums, townhomes, and apartments would provide a balance and mix
of 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 square foot lots. The development of higher density
multi-family units in close proximity to natural open space, Poinsettia Community
Park, and future Alga Road, in addition to the provision of apartment units
affordable to lower income household 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 preserve the coastal sage scrub habitat
located along the eastern portion of Area "A". This open space would connect with
the larger open space located in the central canyon. 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.
The proposed planned development meets aIl 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:
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d.
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.
The project would provide a mixture of one and two-story homes, and the
multi-family buildings would have varied roof lines, and a variety of front
building elevations and front yard setbacks.
Adequate recreational vehicle storage space would be provided within the
individual projects and be sufficiently screened from the public right-of-way
and surrounding properties.
The single-family homes would have, at a minimum two 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 and townhomes all have two covered parking spaces,
including garages and carports for residents, and guest parking is dispersed
along the internal driveways.
The proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances sigTllficant natural resources on
the site, because the project meets all the requirements of the HiUside Developmenr
Regulations and Guidelines, except the 30 foot slope height standard as permitted
per the Site Development Plan. The manufactured slopes would be landscaped, and
the single-family lots would terrace down the slope towards the west to conform
with the topography. The homes have roof lines that are varied and relate to the
topography. In addition, the northeastern comer of the site would be preserved to
protect the coastal sage habitat and to provide open space in the central canyon.
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
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.
General Planninn Conditions:
1. Recommendation of approval is granted for PUD 92-03, as shown on Exhibits "A" -
'W', dated December 15, 1993 incorporated by reference and on file in the
Planning Department. Development shall occur substantially as shown unless
otherwise noted in these conditions.
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2. Approval of PUD 92-03 is granted subject to the approval of CT 92-02, SDP 92-06,
HDP 92-03, and the Conditional Negative Declaration.
All conditions of approval for the CT 92-02 as contained in Planning Resolution No.
3591 are applicable and incorporated through this reference.
3.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO 3592
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMtSStON RESOLUTION NO. 3593
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE
TOWNHOMES, 72 CONDOMINIUM UNITS, 72 APARTMENT UNITS,
AND TWO FUTURE COMMUNITY FACILITY SITES, ALL ON
PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE,
NORTH OF CAMINO DE LAS ONDAS, SOUTH OF PALOMAR
AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE
20.
CASE NAME: SAMBI
CASE NO: SDP 92-06
DEVELOPMENT PLAN TO DEVELOP 129 SINGLE-FAMILY LOTS, 76
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of December, 1993, consider said request on property
described as:
The South Half of the Southeast Quarter and the South 60 acres of
the North Half of the Southeast Quarter of Section 21, Township 12
South, Range 4 West, San Bernardino Base and Meridian, County of
San Diego, State of California, according to United States Government
Survey, approved October 25, 1875, according to the Official Plat
thereof.
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 SDP 92-06.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cornmission
of the City of Carlsbad as follows:
A) . That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of SDP 92-06, based on the following findings and
subject to the following conditions:
1.
2.
3.
4.
5.
6.
7.
8.
The project is consistent with all City public facility policies and ordinances since:
The Piannhg Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the
District Engineer determines that sewer senice 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 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 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 provides affordable housing units that will be available to low income
households and the modification to the HiUside Standard for slope height would not
have a detrimental effect on public health, safety or welfare because the creation of
a 43 foot high manufactured fill slope that exceeds the 30 foot standard does not
pose a health and safety problem if the recommendations of the projects’s
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geotechnical report are adhered to. The slope height standard of 30 feet is an
aesthetic regulation intended to minimize impacts created by large
manufactured slopes. The overheight slope would be contour graded and
adequately landscaped to provide for visual screening, thus, offsetting any visual
impacts created by the additional 12 feet of slope height.
That the requested use is properly related to the site, surroundings and
environmental settings, is consistent with the various elements and objectives of the
general plan, will npt be detrimental to existing uses or to uses specifically
permitted in the area in which the proposed use is to be located, and will not
adversely impact the site, surroundings or traffic circulation because the project is
consistent with the General Plan and Zone 20 Specific Plan. The project would not
have a significant impact on the environment. The proposed residential land uses
are compatible in scale, architecture, and building materials with the multi-family
residential development to the south the future community p&k to the west. 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.
That the site for the intended use is adequate in size and shape to accommodate the
use because the project complies with all City ordinances and polices except for the
Hillside Ordinance's slope height standard as explained in Section C(2) of this
report, therefore, the parcel is adequate in size, shape and slope to accommodate
the proposed land uses.
That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained because the project would be
conditioned to provide a solid wall or fence, and landscaped windbreaks 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 operations and for the following reasons:
Area "BI' and "C' - Single-family Residential:
a. Standard R-1 Zone front, side and rear setbacks would be provided for each
home, and all homes would have at least a twocar garages to satisfy off-
street parking requirements.
b. The front yards of all the lots would be landscaped with a minimum of 3
street trees of Varying sizes, and the SO foot setback along Alga Road would
be landform graded and heavily landscaped.
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12.
Area "A" and "D" - Multi-Family Residential And Community Facility Site:
a. The bulk and scale of the proposed two-story condominiums, townhouses,
and apartment buildings would be compatible With the existing and
surrounding residential development to the south. The proposed multi-family
townhomes would provide an appropriate transition between the proposed
single-family land use to the east and the future community park land use to
the west.
b. The design of the project would assure a unique mix of residential
development, and enhance the aesthetic quality of the area as follows:
1. The street setbacks would be landscaped with a combination of trees
and shrubs to partially screen the residential structures from the
public streets.
ii. The building elevations would have textured stucco exteriors and tile
and metal roofs, varied roof lines, architectural accent features and
building forms, and varied building facades.
iii. The dwelling units would be orientated at various angles along the
driveways to provide an enclosure of space between the buildings and
to provide more visual interest when the project is viewed from the
public meets.
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use for the following reasons:
Area "B" and "C' - Single-Family Residential:
All the local, collector, and major streets, both within and offsite of this project
would be constructed to City standards, have underground utilities, and contain
public sidewalks. A pedestrian access is provided between Lots 47 and 48 in Area
"C" to allow access to future Hidden Valley Road and Poinsettia Community Park.
Area "A" and "D" - Multi-Family Residential And Community Facility Site:
a. The project would provide adequate onsite parking (498 parking spaces) and
circulation to serve the needs of the residents and their guests, and it would
not impact the availability of offsite street parking.
b. Sidewalks and drainage facilities would be provided along the project's street
frontages to serve the project.
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Conditions:
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The proposed 30 to 45 foot wide central private driveways would be
adequate to provide safe and efficient traffic circulation, vehicle turn
movements, and emergency access. 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 parking spaces
and adequate separation for two-way traffic (12 feet per travel lane).
An internal pedestrian circulation system that is separated from the
driveways within the multi-family projects would be provided and allow
sufficient and safe access to the recreation facility and adjacent public streets.
Adequate access for emergency vehicles is provided by the central 30 to 45
foot wide private driveways that service the multi-family projects. The 30
to 45 foot wide driveways are also wide enough to accommodate emergency
vehicles, and the project would be conditioned to prohibit parallel parking
along the 30 foot wide driveways. The project has been reviewed and
approved by the Fire Department.
All conditions of approval for CT 92-02 as contained in Planning Commission
Resolution No. 3591 are applicable to this approval and incorporated through this
reference.
Approval for SDP 92-06, as shown on Exhibits "A" - ?"', dated December 15,
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 SDP 92-06 is subject to approval of CT 92-02, PUD 92-03, and HDP 92-
03.
The approval for the apartment portion of the Site Development Plan shall become
null. and void if building pennits are not issued for this portion of the project within
one year from the date of final map recordation creating Lot 133, unle& otherwise
stated in an approved affordable housing agreement for the site.
PC RES0 NO 3593 5
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1Srh day of December, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO 3593 6
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PLANNING COMMISSION RESOLUTION NO. 3594
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
DEVELOP 129 SINGLE-FAMILY LOTS, 76 TOWNHOMES, 72
CONDOMINIUM UNITS, 72 APARTMENT UNITS, AND TWO
FUTURE COMMUNITY FACILITY SITES, ALL ON PROPERTY
GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH
OF CAMINO DE LAS ONDAS, SOUTH OF PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20.
CASE NAME: SAMBI
CASE NO: HDP 92-03
WHEREAS, a verified application has been filed with the Ciry of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constirutes a request as provided by Title
21 of rhe Cs..sbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of December, 1993, consider said request on property
described as:
The South Half of the Southeast Quarter and the South 60 acres of
the North Half of the Southeast Quarter of Section 21, Township 12
South, Range 4 West, San Bernardino Base and Meridian, County of
San Diego, State of California, according to United States Government
Survey, approved October 25, 1875, according to the Official Plat
thereof.
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 HDP 92-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commissicn
recommends APPROVAL of HDP 92-03, based on the following findings and subjec:
to the following conditions:
1.
2.
....
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 a slope constraints exhibit.
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 reasons:
a.
b.
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f.
All manufactured cut and fill slopes are landform/contou graded and do not
exceed a height of 30 feet, except for the 43 foot high slope along the
eastern portion of the apartment development in Area "A" per the Site
Development Plan.
The project's cut/iill grading volumes of 8,652 cubic yards per graded acre
falls within the "potentially acceptable range" of 8,000 - 10,000 cubic
yards/acre. tncluded in these volumes is 86,000 cubic yards of grading for
Alga Road which is a circulation element roadway. When grading for Alga
Road k subtracted out of the grading calculations, the project's grading
volumes are reduced to 7,773 cubic yards, per graded acre and are within the
"acceptable range".
Landscaping in conformance with the Zone 20 Specific Plan and the City's
Landscape Manual would be provided on all manufactured slopes to assist in
visually screening the slopes and to reduce erosion.
AU structures and roofs within the project would be earth tone in color to
reduce visual impacts.
A percentage of the homes along the north/south trending and gently sloping
ridgeline would be one-story in height and all homes would have varying
roof lines.
The multi-family residential buildings are setback from the top of
manufactured slopes horn a range of 15 to 60 feet, along the eastern portion
of Area "A".
PC RES0 NO. 3594 2
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That no development or grading will occw 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 been identified and except for Alga Road no
development or grading would occur in the areas containing 40%+ slopes. Grading
of 40% slopes would be necessary to construct portions of Alga Road. Areas where
circulation element roadways must be placed and no feasible alternatives consistent
with this chapter are available may bc excluded from the requirements of the
Hillside Development Regulations by the decision making body based on Section
21.95.090(b)(2) of the ordinance. The alignment of Alga Road in this area was
established with the approval of the tentative map for Cobblestone Sea Village (a
84-32). Analysis of alternatives For Alga Road indicated that due to constraints
from the SDG&E powerline easement that traverses through the main canyon there
is no feasible alternative consistent with the Hillside Development Regulations,
therefore, the Planning Commission excludes grading for Alga Road from the 40%
slope standard.
That the project design and lot configuration minimizes disturbance of hillside lands
because the proposed grading would create single-family building pads that are
terraced for views and step down the slope. A majority of the local streets and
manufactured slopes are curving and are aligned to follow the north/south trending
contours. The street alignments and curving landform graded slopes would reduce
visual impacts created by the grading and help simulate the natural slope conditions.
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
District Engineer determines that sewer service is available, and building chnnot
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 rhey apply to sewer service for this project.
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.
PC RES0 NO. 3594 3
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School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified 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.
Conditions:
1.
2.
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All conditions of approval for (JT 92-02 as contained in Planning Commission
Resolution No. 3591 are applicable to this approval and incorporated through this
reference.
Approval for HDP 92-03, as shown on Exhibits "A" - 'YYY", dated December 15,
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 92-03 is subject to approval of CT 92-02, PUD 92-03, and SDP 92-
06, and the Conditional Negative Declaration.
PC RES0 NO. 3594 4
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO. 3594 5
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SAMBI CT 92-02/PUD 92-03/ I SOP 92-06/HDP 92-03
XCLOSURE ST.4EMENT
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T?e following information must be disclosed:
1. Apdicant
List the names and addresses of all persons having a financial interest in the application.
TO?OBARA AE91CA. Inc c/o nnv-ll!? & IGAfTWD
(D3A) Sunbelt ?lany?ina Co. 3q5.5 900s pvelt s t K1
9641 Firestoge 31vd :r SarlsSad, CA 329C8 Zoxney, CA 902ill P
2. Owner
bst the names and addresses of all persons having any ownership interest in the property involved
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names arc
addresses of all individuals owning more than 10% of the shares in the corporation or owning any pannerscsz
interest in the PaftnershiD.
Seizo 3. TOYOHARA; himenof &.Board 13355 Brookshire Ave
3o;mey, CA ?rJ241
Kinko K. TOVOXARA; Director, Secretary
Sane as above
Kazuyuki KAWAKITA; Director, President
11432 Hanover Ct., Cerritos, Ca. 90701
Sayoko AOYAGI; Treasurer -
16510 Stonehaven Ct.
La Mirada, Ca. 90638
4 If any person idecrtMed pursuant to (1) or (2) above is a non-profit organization or a trust, list the names arc
addresses of any person serving as officer or director of the non-profd organization or as trustee or beneficiar,
cf the trust.
*I 1
FRM00013 8/90
2075 Las Pa'vas Drive Carlsbad. California 920094859 (619) 438-1161
Disclosure Statement
'Over)
Page 2
5 rava you had more than 5250 wort3 of business ::ansacled wfh any member Of city staj :=:+:: Cammlssicns, CxnrniRees and Councll within the past twelve months?
Yes - NoXX - If yes. please indicate perscn(s)
(NOTE: Attach additional pages as necessary.)
:iIROMICIII ~0~03.4m
Print or rype name of owner
FRMm13 8/90
BACKGROCND DhTA SHEET -
CASE NO: CT 92-02iPLD 92-03/SDP 92-06iHDP 92-03
CASE NAME: SAMBI
APPLICANT: TOYOHARA AMERICA
. REQUEST AND LOCATION: 129 Single-Family Lots, 76 Townhouse Units. 72 Condominium Units, 72
ADartment Units, & 2 Community Facilitv Lots
LEGAL DESCRIPTION: The South Half of the Southeast Ouarter and the south 60 acres of the north
half of the Southeast Quarter of Section 21. Township 12 South, Range 4 West, San Bernadino Base and
Meridian. Countv of San Dieao. State of California, accordinn to United States Government Survey,
approved October 25, 1875, accordinn to the Official Plat thereof.
APN: 214-140-07 Acres 68.56 Proposed No. of Lots/Units 204 Lots & 144 Units
GENERAL PLAN AND ZONING
Land Use Designation Residential Medium & Residential Medium Low
Density Allowed 3.2 & 6 Dus/.Acre Density Proposed 5.8
Existing Zone RD-M-Q & R-1-10.000-0 Proposed Zone N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements)
Zoning Land Use
Site RD-M-Q & R-1-10,000-0 Vacant
North RD-M-Q & R-1-10.000-0 Vacant
South RD-M-0 & R-1-10,000-0 Vacant
East LC Vacant
West PC Anriculture
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 353 EDU
Public Facilities Fee Agreement, dated Februarv 12, 1992
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued Aunust 5. 1993
Certified Environmental Impact Report, dated
Other, JG.lh
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: SAMBI - CT 92-02/PUD 92-03/SDP 92-06/HDP 92-03
LOCAL FACILITY MANAGEMENT ZONE:&) GENERAL, PLAN: RM/RLM ZONING: RD-M-O/R-l-lO,OOO-O
DEVELOPER’S NAME: TOYOHARA AMERICA INC.
ADDRESS: 8641 Firestone Boulevard - Downey, CA 90241
PHONE NO: l213) 861-3808 ASSESSOR’S PARCEL NO: 214-140-07
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 68.56 Acres
ESTIMATED COMPLETION DATE: N/A
F.
G.
H.
I.
J.
~ ~~~
A. City Administrative Facilities: Demand in Square Footage =
0. Library: Demand in Square Footage =
C.
D. Park: Demand in Acreage =
E. Drainage: Demand in CFS =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire:
Open Space: Acreage Provided -
Schools:
(Demands to be determined by staff)
Sewer: Demand in EDUs -
Served by Fire Station No. =
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
K.
L.
1,213.4 sq. ft.
647.1 sa. ft.
N/A
2.42
N/A
N/A
3.650
No. 4
9.03
N/A
- 353
N/A
77,660 Water: Demand in GPD -
The project is 36.83 units above the Growth Management Dwelling unit allowance.JG.’h
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NB-ITEM 4
DATE:
TO:
FROM:
SUBJECT:
STAFF PERSON: LElLANl HINES
STAFF REPORT
JANUARY 13, 1994
HOUSING COMMISSION
HOUSING AND REDEVELOPMENT DEPARTMENT
AGREEMENT FOR RESIDENTIAL REHABILITATION PROGRAM
BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN
DIEGO: Request for approval of a recommendation to approve an
agreement between the City of Carlsbad and the County of San
Diego for the administration of Carlsbad's residential rehabilitation
program.
1. RECOMMENDATION
ADOPT Housing Commission Resolution No. 94-004 recommending to the City
Council APPROVAL of a residential rehabilitation program for property owners of
single-family dwellings and mobile home units within the City of Carlsbad and to
execute an agreement between the City of Carlsbad and the County of San Diego for
the administration of such residential rehabilitation program.
II. BACKGROUND
On May 24, 1988, the Carlsbad City Council approved establishment of a residential
rehabilitation program to be funded with $90,000 in federal Community Development
Block Grant (CDBG) Entitlement funding. Under the residential rehabilitation program,
loans and grants would be provided to low or moderate-income persons throughout
the City to assist in the rehabilitation of owner-occupied single family homes or mobile
home.
Consistent with the residential rehabilitation program selected for CDBG funding, staff
recommends that the City offer the following four residential rehabilitation loadgrant
programs to eligible property owners within target areas:
0 Interest Subsidy Loan;
0 Deferred Loan;
0 Elderly/Handicapped Grant; and
0 Weatherization Grant.
A summary of the above residential rehabilitation loadgrant programs are attached.
Eligible participants for these rehabilitation loadgrant programs will be limited to
owner occupants of single family dwellings or mobile homes with a gross household
income less than 80 percent of the San Diego County median income (low-income
households).
Although the program will be open to all eligible resident property owners city-wide
efforts will target single family homes located in Census Tract 179.00 which includes
the Barrio area. This census tract represents the highest concentration of lower-
income households in Carlsbad.
At this time staff is recommending that the City enter into the attached agreement
with the Housing Authority of the County of San Diego to implement and administer
the proposed residential rehabilitation loadgrant programs for the period beginning
February 1, 1994 to September 30, 1994. The County of San Diego has previously
conducted a residential rehabilitation program for Carlsbad residents under the Urban
County CDBG Program. In addition, the County has trained staff to conduct all
aspects of implementation and administration of such a rehabilitation program,
including eligibility determination, inspections, bidding process, repair estimates,
contractor monitoring and payments.
Staff has been discussing the proposed residential rehabilitation programs and the
agreement between the City and the County for the administration of such program
over the past year. Both City staff and the County Housing Authority have agreed to
the terms of the attached agreement.
111. ANALYSIS
The City Council previously approved $90,000 allocated from the federal CDBG
Entitlement Program for the purpose of providing a residential rehabilitation program
for lower and moderate-income homeowners within Carlsbad. To date, these allocated
CDBG funds have not yet been utilized and the U.S. Department of Housing and Urban
Development (HUD) has identified the residential rehabilitation program as a slow
moving project.
Staff is recommending the approval of the above four residential rehabilitation
loadgrant programs for lower-income owners and occupants of single family homes
or mobile home units. The establishment of a residential rehabilitation program is
consistent with the policies, programs, and strategies regarding housing for lower-
income households outlined in the Housing Element of the Carlsbad General Plan and
the Carlsbad Comprehensive Housing Affordability Strategy (CHAS). Residential
rehabilitation loadgrant programs would enable eligible Carlsbad homeowners to
physically maintain or improve their homes and enable them to live in decent, safe and
sanitary housing.
RES I D E NT I A L REHAB I L I TAT1 0 N PRO G RAM
JANUARY 13, 1994
PAGE 3
Staff is further recommending the approval of an agreement between the City and the
Housing Authority of the County of San Diego for the implementation of such
programs. By contracting with the County Housing Authority, several issues regarding
the CDBG funded residential rehabilitation program would be resolved: 1 ) CDBG
expenditure time lines, 2) benefit to those persons who have already expressed an
interest in rehabilitating their homes, and 3) no program development delays.
The full cost of all services incurred during the administration of the residential
rehabilitation program by the County Housing Authority would be reimbursed by the
City, pursuant to Board of Supervisor's Policy 8-29 "Fees, Grants, Revenue Contracts
- Department Responsibility for Cost Recovery". While staff would like to recommend
limiting the reimbursement of administration costs and recommend not entering into
an agreement that leaves such costs to the City open ended, the County Housing
Authority requires full cost recovery and there are great benefits to establishing a
residential rehabilitation program and having the County Housing Authority administer
such a program.
Upon expiration of the proposed agreement, the City would have the opportunity to
evaluate the residential rehabilitation programs and the administration of these
programs by the County Housing Authority. At that time, the City may elect to
extend the agreement with the County or examine other alternatives.
IV . FISCAL IMPACT
No fiscal impact on the General Fund. The Carlsbad Residential Rehabilitation Program
will be funded through the federal CDBG program.
ATTACHMENTS
1. Housing Commission Resolution No. 94-004.
2. Summary of Proposed Residential Rehabilitation LoadGrant Programs.
3. Agreement for a Residential Rehabilitation Program between the City of
Carlsbad and the Housing Authority of the County of San Diego.
COUNTY OF SAN DIEGO HOUSING AUTHORITY
RESIDENTIAL REHABILITATION LOAN/GRANT PROGRAM
ON BEHALF OF THE CITY OF CARLSBAD
The San Diego County Housing Authority offers a variety of loans and grants to eligible owner-
occupants of single family dwellings or mobile homes for home improvements. Applicants must
meet income eligibility requirements and live in the City of Carlsbad.
The following loans and grants are available:
A. Interest Subsidy Loan - Interest Subsidy Loans are made in conjunction with a financial
institution, which provides below market interest rate loans. The Housing Authority pays
a maximum of 7 percent of the current interest rate and the homeowner pays the balance.
Applicant’s income must be at or below 80 percent of the median income for the County
of San Diego. The maximum amount available is determined by the rehabilitation needs
of the property and the owner’s ability to repay the loan.
B. Deferred Loan - If the homeowner is not able to obtain an interest subsidy loan under
the program guidelines, then the homeowner may apply for a deferred payment loan.
There is no interest on this loan. The total amount borrowed must be repaid upon sale,
transfer or change in title of the property. Owners may borrow up to $20,000 for a
single family dwellings or $5,000 for mobile homes. Household income must be at or
below 80 percent of the median income for San Diego County.
C. Elderlv/Handicatmed Grant - The homeowner must be either age 62 or older or
handicapped. Up to $1,OOO can be given with no payback requirement for those who
meet the above criteria and the income limits for their household size. Household
income must be at or below 80 percent of the median income for San Diego County. All
grants awarded shall be used for rehabilitation activities that maintain and promote the
health and safety of the owner occupant, particularly the removal of architectural barriers
to the access and use of the dwelling unit by an elderly or disabled occupant.
D. Weatherization Grant - Up to $1 ,OOO can be given for weatherization items only with no
payback requirement to eligible owner occupants. Household income must be at or
below 80 percent of the median income for San Diego County.
Median Income by Household Size:
1 2 3 4 5 6
80 % $24 , 600 28,100 3 1,600 35 , 100 37,950 40,750
If you are interested or have any further questions, please call now at 694-4823.
Revised: 01/05/94
AGREEMENT FOR RESIDENTIAL REHABILITATION PROGRAM
BETWEEN THE CITY OF CARLSBAD AND THE
HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO
THIS AGREEMENT is made and entered into this day of 1994, by and
between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and the
HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO, a public corporation created pursuant to the
Housing Authority law of the State of California, hereinafter referred to as "Authority";
WHEREAS, there exists a need within the City of Carlsbad to assist property owners with
rehabilitation of their single-family dwellings and mobile home units; and
WHEREAS, the City Council believes it to be in the best interest of the citizens of Carlsbad to
provide an agency to administer a residential rehabilitation program for eligible property owners; and
WHEREAS, the Authority has the expertise, staff and resources to enable it to implement and
administer a residential rehabilitation program.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as
follows:
1. Grant Obliqations:
The Authority shall implement and administer a Residential Rehabilitation Loan Program fully in
accordance with the terms of the City's Community Development Block Grant Application, other
rehabilitation grant applications and agreements and assurances made by the City to the United
States Department of Housing and Urban Development, hereinafter referred to as HUD or other
grantors for funds to carry out said loan programs. The Authority also agrees that it
undertakes, hereby, the same obligations to the City that the City has undertaken to HUD or
other grantors pursuant to said applications and assurances, specifically including compliance
with OMB Circular A-102: "Uniform Administrative Requirements for Grants-in-Aid to State and
Local Governments". Reference is particularly made to Appendix G, relating to financial
management systems and Appendix 0, relating to procurement standards.
2. Services to be Drovided:
For the period commencing February 1, 1994 and expiring September 30, 1994 or until all
funds allocated or received during the year are expended, whichever comes last, the Authority
agrees to provide the following services for the City:
A. Implement and administer an Owner Occupant Interest Subsidy Loan Program:
Within the target areas specified in Provision 3, the Authority shall provide a program
for a private lending institution to make below market interest rate loans to eligible
participants. The lending institution shall supply the full loan amount and the City shall
provide a prepaid portion of the interest. The prepaid portion of interest shall be an
amount which will (1) not reduce the interest rate to participants to less than 5 percent
per annum, or (2) result in a subsidy payment of more than 7 percentage points. The
maximum amount available shall be determined by the rehabilitation needs of the
property and the owner's ability to repay the loan. Eligible participants for this loan
shall be limited to those owner occupants of single family dwellings or mobile homes,
whose gross household income is less than 80 percent of the San Diego County median
income adjusted for larger or smaller household size. Such income limits shall be based
on data published or revised by HUD.
B. Implement and administer a Residential Rehabilitation Deferred Loan Program:
Within the target areas specified in Provision 3, the Authority shall provide a program
to make non-interest bearing deferred loans to eligible participants unable to qualify for
the Interest Subsidy Loan Program. The principal amount of the deferred loans shall be
repaid upon sale, transfer or change in the title to the property. All deferred loans will
be secured by a Trust Deed and Promissory Note for a single family dwelling or a junior
lien for a mobile home taken by the Authority on behalf of the City. All proceeds from
the repayment of these loans will be made to the Authority and deposited into a reserve
account for continued operation of the program by the Authority. The maximum loan
amount for any single deferred loan shall be $20,000 for a single family dwetling or
$5,000 for a mobile home. Eligible participants shall be limited to those owner
occupants whose gross household income is less than 80 percent of the San Diego
County median income adjusted for larger or smaller household size. Such income
limits shall be based on data published or revised by HUD.
C. Implement and administer an Elderly/Disabled Grant Program and Weatherization Grant
Program:
(1) Within the target areas specified in Provision 3, the Authority shall provide a
program to make non-repayable grants to eligible participants. The maximum
amount for this type of grant shall be $1,000. Eligible participants for this type
of grant shall be limited to owner occupants of single family dwellings or mobile
homes, who are elderly (62 or over) or handicapped (as defined by Social
Security) and whose gross household income does not exceed 80 percent of
the San Diego County median income, adjusted for larger or smaller household
size. All grants awarded shall be used on rehabilitation activities related to the
maintenance or promotion of the health and safety of the occupants,
particularly the elimination of architectural barriers to the access and use of the
dwelling unit by elderly or disabled occupants.
(2) Within the target areas specified in Provision 3, the Authority shall provide
Weatherization Grants to eligible participants. The maximum amount for any
single weatherization grant is $1,000. Eligible participants for this Grant shall
be limited to owner occupants of single family dwellings or mobile homes
whose gross income does not exceed 80% of the San Diego County median
income, adjusted for larger or smaller household size.
3. Tarclet Areas:
For the purpose of this Agreement, the term "target area" shall refer to any location within the
Census Tract 179.00 for all utilized funds, with the exception of mobile homes. For eligible
mobile home owners, the term "target area" shall refer to any location within the City limits of
Carlsbad.
4. Contract Amount:
In consideration for services provided for by this Agreements, the City shall make available a
total of $90,000 in funding for fiscal year 1993-1994. Upon written request from the
Authority, payment shall be disbursed by the City for individual applicant contracts. The first
payment will be made no sooner than February 1, 1994.
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5. Reauests for Funds:
All requests for funds made under this Agreements shall be in writing. The requests shall
include the following information on the eligible recipient of funding.
A. Name, address, and assessor's parcel number.
B. Family income amount.
C. Family size.
D. Type and amount of all current trust deeds on property to be rehabilitated.
E. Type and amount of assistance.
F. Description of work to be completed with requested funds.
G. Copy of approved environmental report on property.
6. Pronram Income:
All interest earned on CDBG funds advanced to the Authority, by the City, and all proceeds
from reconveyed loans, received by the Authority during the term of this Agreement, shall be
retained by the Authority. The funds received as interest income or reconveyed loans shall be
used by the Authority to further fund eligible projects as identified in this Agreement.
The program income shall be used by the Authority to fund eligible Residential Rehabilitation
Projects to requesting additional funds for the City. Upon expiration of this Agreement,
all additional funds received by the Authority as interest income or loan reconveyances shall
be returned promptly to the City.
Upon receipt of interest earned on funds advanced to the Authority under this Agreement or
proceeds from loan reconveyances, the Authority shall immediately notify the City, in writing,
of the type and amount of program income for accounting purposes. In addition, the Authority
shall provide the City with the name of the person repaying the loan and the year in which the
loan was originally made to the participant.
7. Administrative Costs:
The Authority shall be entitled to reimbursement for allowable costs, pursuant to Board of
Supervisor's Policy b-29 "Fees, Grants, Revenue Contracts - Department Responsibility for Cost
Recovery", incurred during administration of the Carlsbad Residential Rehabilitation Program,
or other programs authorized and implemented for the City. Administrative costs may include
salaries, services, supplies and any miscellaneous expenses, which are applicable to the
program.
8. Records:
The Authority shall maintain all appropriate records for the Residential Rehabilitation Program
and make them available for review by City or Federal staff upon request. On a quarterly basis,
the Authority shall submit a progress report to the City. The report shall include the following:
A. Name and address of fund recipient.
B. Age of recipient.
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C. Family size.
D. Race of recipient.
E. Household income.
F. Type of funding.
G. Gender of recipient.
H. Amount of Funding.
I. Date funds requested from City.
J. Date funds released to recipient.
The City will provide the Authority with a Residential Rehabilitation Program Report form for use
in submitting the quarterly reports. The reports will be due on April 1, July 1, and October 1
of 1994.
The Authority shall also submit quarterly reports on administrative costs to date. The
administrative reports shall include information on the status of funds on hand, amount of
drawdowns from the City, loan repayments and percentage of administrative costs incurred as
compared to total program costs.
The Authority shall maintain a separate accounting for the City's Rehabilitation Program. The
City, the Federal Grantor Agency, the Comptroller General of the United States, or any of their
duly authorized representatives shall have access to any books, documents, papers and records
of the Authority which directly pertain to the City's Rehabilitation Program for the purpose of
audit, examination, excerpts and transcriptions.
9. DisDosition of-Contract Amounts:
The City has established the following goals for the Residential Rehabilitation Program for the
term of this Agreement:
A. Rehabilitation of Single Family Home - 50 percent of total program funds.
B. Rehabilitation of Mobile homes - 30 percent of total program funds.
C. Administrative Costs - 20 percent of total program funds.
On behalf of the City, the Authority will attempt to complete at least two (2) single-family
contracts for loans and/or grants and five (5) mobile home contracts for loans and/or grants by
the date of expiration for this Agreement.
IO. Elinibilitv Determination:
The Authority shall have the discretion to require such documentation as deemed necessary to
determine the eligibility of applicants under the loan and grant programs outlined in this
Agreement.
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11. Allowable Improvements:
The Authority shall approve improvements which are allowable and set forth in the guidelines
contained in the Residential Rehabilitation Loan Program Operations Manual only. Priorities for
rehabilitation activities shall follow those priorities established in the Authority’s Residential
Rehabilitation Standards. All exceptions must be approved by the City.
12. Eaual ODDortunity:
In accordance with Title VI of the Civil Rights Act of 1964; Title Vlll of the Civil Rights Act of
1968; Executive Order 1 1246 as amended by Executive Order 1 1375 and 12086; and any HUD
regulation heretofore issued to implement these authorities relating to Civil Rights, the Authority
will not discriminate in provisions of services or employment and will take affirmative action to
solicit minority contractors wishing to work in the program.
13. Drun-Free WorkDlace:
In accordance with the Drug-Free Workplace Act of 1988, the City has submitted a certification
to HUD that a drug-free workplace will be provided for all employees. All subrecipients,
including the Grantee, are also encouraged to support the omnibus drug legislation passed by
Congress on November 18, 1988 by adopting and enforcing a policy to maintain a drug-free
workplace.
14. Clean Air Act:
The Authority will comply with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 USC 1857(h)).
1 5. Lead-Based Paint Poisoninn Notification Reauirements:
In accordance with regulations issued at 24 CFR 51 0, 55, 570 and 590 on February 17, 1987,
the Authority will comply with applicable notification, testing and abatement procedures for
lead-based paint. The amended regulations extend the construction date for notification from
1950 to 1978.
The regulations require that applicants for rehabilitation assistance, tenants in housing being
rehabilitated and purchasers of HUD-associated housing be provided with information on the
following:
A. that the property may contain lead-based paint;
B. of the hazards of lead-based paint;
C. of the symptoms and treatment of lead-based paint poisoning;
D. of the precautions to be taken to avoid lead-based paint poisoning (including
maintenance and removal techniques for eliminating such hazards);
E. of the advisability and availability of blood lead level screening for children under seven
years of age; and
F. that in the event lead-based paint is found in the property, appropriate abatement
procedures may be undertaken.
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The "Watch Out for Lead-Based Paint Poisoning" notification containing the above information
shall be distributed to all appropriate recipients of funding under the subject programs. The
Authority shall retain a copy of the notification provided under this provision in their file for
three (3) years.
16. Authorization to Execute Contracts:
The Authority is hereby authorized to execute, on behalf of the City, contracts and agreements
with property owners for interest subsidy loans, deferred loans and grants. Loans and/or grants
in an amount which exceeds the maximum amounts noted in this agreement must be approved
by the City prior to execution of any required contract/agreement. The Authority is also hereby
authorized to administer special accounting procedures as deemed appropriate to comply with
the provisions of this Agreement.
17. Hold Harmless:
The Authority agrees to defend, indemnify and hold the City harmless from any and all liability
which may arise or allegedly arise from the provision of said services. Should it become
necessary for the City to commence suit to enforce any of the terms and conditions of this
Agreement, or to defend any action relating to the provisions of these services, the Authority
agrees to pay any and all attorney's fees and court costs incurred by the City.
18. Amendments to Agreement:
The City and the Authority concur that this Agreement may be amended by the mutual consent
of both parties as deemed necessary. Exceptions to provisions of this Agreement may be
authorized by the City provided the exceptions are allowable under governing law or
regulations. The City and the Authority also agree that in the event any provision of this
Agreement is violated by either party, the other retains the right to cancel said Agreement upon
thirty (30) days written notice.
CITY OF CARLSBAD, a municipal corporation,
BY Mayor
ATTEST:
HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO,
Deputy Secretary
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OB-ITEM 5 *
STAFF PERSON: REGGIE HARlUSON
STAFF REPORT
January 13, 1994
TO: HOUSING COMMISSION
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
UPDATE ON STATE HOME PROGRAM APPLICATION REQUESTING $1 MILLION
IN ADDITIONAL RENTAL ASSISTANCE F"DING
The Housing and Redevelopment Department recently received verbal notice that the City of
Carlsbad was selected to receive 1993-94 HOME funds from the State of California, as
requested in the City's application submitted to the State on September 29, 1993.
It is staff's understanding that the City of Carlsbad received a total of 87.51 points on its funding
application. The State decided to fund all projects/activities which received at least 92.76 points.
The City was only 5.25 points short from receiving the requested funding for rental assistance.
Needless to say, staff was quite disappointed and has expressed that feeling to the State in a
telephone conversation.
At this time, it is staff's intent to forward a letter to the State further expressing the City's
disappointment in not being funded through the HOME program and requesting additional
information on how the City might improve its application in the future.
January 10, 1994
TO: HOUSING COMMISSIONERS AND OTHER INTERESTED PARTIES
FROM: LEILANI HINES , MANAGEMENT ASSISTANT
RE: AGREEMENT FOR THE RESIDENTIAL REHABILITATION PROGRAM
As you know, on January 13, 1994 you will be considering the establishment of a residential
rehabilitation program and an agreement with the County of San Diego to administer this
program. The agreement between the City of Carlsbad and the County of San Diego has since
been amended to allow all lower-income property owners of single family homes or mobile
homes within Carlsbad to participate in the residential rehabilitation program, with specific
emphasis on locations within Census Tract 179.00 (inclusive of the Barrio area). Currently, the
Agreement limits participation to single family homes in Census Tract 179.00 and mobile homes
throughout Carlsbad. Staff feels that it would preferable to allow participation by all eligible
Carlsbad property owners rather than limiting participation. However, city efforts in terms of
marketing of the Residential Rehabilitation Program would be concentrated on Census Tract
179.00, which has the highest concentration of lower-income households in Carlsbad.
Section 3 - Target Areas has been amended to reflect participation in the program by all eligible
property owners in Carlsbad rather than limiting the program to those in Census Tract 179.00.
I have attached a copy of the amended Section. Please replace Page 2 of the Agreement with
the attached amended Page 2.
If you need any additional information or would like to discuss this change to the Agreement for
a Residential Rehabilitation Program, please contact me at 434-2818.
LEILANI A. HINES
Management Assistant
_- I
B. Implement and .administer a Residential Rehabilitation Deferred Loan Program:
Within the target areas specified in Provision 3, the Authority shall provide a program
to make non-interest bearing deferred loans to eligible participants unable to qualify for
the Interest Subsidy Loan Program. The principal amount of the deferred loans shall be
repaid upon sale, transfer or change in the title to the property. All deferred loans will
be secured by a Trust Deed and Promissory Note for a single family dwelling or a junior
lien for a mobile home taken by the Authority on behalf of the City. All proceeds from
the repayment of these loans will be made to the Authority and deposited into a reserve
account for continued operation of the program by the Authority. The maximum loan
amount for any single deferred loan shall be $20,000 for a single family dwelling or
$5,000 for a mobile home. Eligible participants shall be limited to those owner
occupants whose gross household income is less than 80 percent of the San Diego
County median income adjusted for larger or smaller household size. Such income
limits shall be based on data published or revised by HUD.
C. Implement and administer an Elderly/Disabled Grant Program and Weatherization Grant
Program:
(1) Within the target areas specified in Provision 3, the Authority shall provide a
program to make non-repayable grants to eligible participants. The maximum
amount for this type of grant shall be $1,000. Eligible participants for this type
of grant shall be limited to owner occupants of single family dwellings or mobile
homes, who are elderly (62 or over) or handicapped (as defined by Social
Security) and whose gross household income does not exceed 80 percent of
the San Diego County median income, adjusted for larger or smaller household
size. All grants awarded shall be used on rehabilitation activities related to the
maintenance or promotion of the health and safety of the occupants,
particularly the elimination of architectural barriers to the access and use of the
dwelling unit by elderly or disabled occupants.
(2) Within the target areas specified in Provision 3, the Authority shall provide
Weatherization Grants to eligible participants. The maximum amount for any
single weatherization grant is $1,000. Eligible participants for this Grant shall
be limited to owner occupants of single family dwellings or mobile homes
whose gross income does not exceed 80% of the San Diego County median
income, adjusted for larger or smaller household size.
3. Tarqet Areas:
For the purpose of this Agreement, the term "target area" shall refer to any location within the
City limits of Carlsbad (for all utilized funds), with specific emphasis within Census Tract
179.00.
4. Contract Amount:
In consideration for services provided for by this Agreements, the City shall make available a
total of $90,000 in funding for fiscal year 1993-1994. Upon written request from the
Authority, payment shall be disbursed by the City for individual applicant contracts. The first
payment will be made no sooner than February 1, 1994.
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?
t HOUSING PROGRAM MGR FP
REGGIE HARRISON January 10, 1994
TO:
FROM: LEILANI HINES, MANAGEMENT ASSISTANT
RE:
HOUSING COMMISSIONERS AND OTHER INTERESTED PARTIES
AGREEMENT FOR THE RESIDENTIAL REHABILITATION PROGRAM
As you know, on January 13, 1994 you will be considering the establishment of a residential
rehabilitation program and an agreement with the County of San Diego to administer this
program. The agreement between the City of Carlsbad and the County of San Diego has since
been amended to allow all lower-income property owners of single family homes or mobile
homes within Carlsbad to participate in the residential rehabilitation program, with specific
emphasis on locations within Census Tract 179.00 (inclusive of the Barrio area). Currently, the
Agreement limits participation to single family homes in Census Tract 179.00 and mobile homes
throughout Carlsbad. Staff feels that it would preferable to allow participation by all eligible
Carlsbad property owners rather than limiting participation. However, city efforts in terms of
marketing of the Residential Rehabilitation Program would be concentrated on Census Tract
179.00, which has the highest concentration of lower-income households in Carlsbad.
Section 3 - Target Areas has been amended to reflect participation in the program by all eligible
property owners in Carlsbad rather than limiting the program to those in Census Tract 179.00.
I have attached a copy of the amended Section. Please replace Page 2 of the Agreement with
the attached amended Page 2.
If you need any additional information or would like to discuss this change to the Agreement for
a Residential Rehabilitation Program, please contact me at 434-2818.
LEILANI A. HINES
Management Assistant
.
I
B. Implement and administer a Residential Rehabilitation Deferred Loan Program:
Within the target areas specified in Provision 3, the Authority shall provide a program
to make non-interest bearing deferred loans to eligible participants unable to qualify for
the Interest Subsidy Loan Program. The principal amount of the deferred loans shall be
repaid upon sale, transfer or change in the title to the property. All deferred loans will
be secured by a Trust Deed and Promissory Note for a single family dwelling or a junior
lien for a mobile home taken by the Authority on behalf of the City. All proceeds from
the repayment of these loans will be made to the Authority and deposited into a reserve
account for continued operation of the program by the Authority. The maximum loan
amount for any single deferred loan shall be $20,000 for a single family dwelling or
, $5,000 for a mobile home. Eligible participants shall be limited to those owner
occupants whose gross household income is less than 80 percent of the San Diego
County median income adjusted for larger or smaller household size. Such income
limits shall be based on data published or revised by HUD.
C. Implement and administer an Elderly/Disabled Grant Program and Weatherization Grant
Program:
(1) Within the target areas specified in Provision 3, the Authority shall provide a
program to make non-repayable grants to eligible participants. The maximum
amount for this type of grant shall be S 1,000. Eligible participants for this type
of grant shall be limited to owner occupants of single family dwellings or mobile
homes, who are elderly (62 or over) or handicapped (as defined by Social
Security) and whose gross household income does not exceed 80 percent of
the San Diego County median income, adjusted for larger or smaller household
size. All grants awarded shall be used on rehabilitation activities related to the
maintenance or promotion of the health and safety of the occupants,
particularly the elimination of architectural barriers to the access and use of the
dwelling unit by elderly or disabled occupants.
(2) Within the target areas specified in Provision 3, the Authority shall provide
Weatherization Grants to eligible participants. The maximum amount for any
single weatherization grant is $1,000. Eligible participants for this Grant shall
be limited to owner occupants of single family dwellings or mobile homes
whose gross income does not exceed 80% of the San Diego County median
income, adjusted for larger or smaller household size.
3. Target Areas:
For the purpose of this Agreement, the term "target area" shall refer to any location within the
City limits of Carlsbad (for all utilized funds), with specific emphasis within Census Tract
179.00.
4. Contract Amount:
In consideration for services provided for by this Agreements, the City shall make available a
total of $90,000 in funding for fiscal year 1993-1994. Upon written request from the
Authority, payment shall be disbursed by the City for individual applicant contracts. The first
payment will be made no sooner than February 1, 1994.
.
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January 10, 1994 - TO: HOUSING COMMISSION
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT w
CORRECTED PAGE FOR REPORT ON SAMBI AFFORDABLE HOUSING PROJECT
Attached please find a corrected page 3 for the staff report on the SAMBI Seaside Heights
Affordable Housing Project. This report introduces Item 3 under "New Business" on your
Housing Commission Agenda for January 13, 1994. The chart on page 3 did not have the
correct totals for the number of units per bedroom size. Staff has corrected the chart and
reprinted the page for your information.
Also attached is a revised proforma for the SAMBI project. The staff report indicates that the
rents for one and two bedroom units were too high. Consequently, the applicant revised the costs
and proposed new rents which are consistent with city-approved rent levels based on applicable
household size for each restricted unit.
If you have any questions, please contact Evan Becker or Debbie Fountain at 434-2815.
Sambi Seaside Heights
Housing Commission - 1/13/94
Page 3
The following chart provides a breakdown of bedroom sizes by income levels:
Bedroom Size 80% of median
The Master Plan will be completed in a single phase. The applicant has proposed to build the
affordable housing units within five (5) years of recordation of the Final Map. In an affordable
housing agreement with the City of Carlsbad, an acceptable time frame for actual construction
of the units will be specified.
As proposed, the maximum rents (as shown above) for one and two bedroom units are too high
based on current income levels and rental rate calculations. The one bedroom rent should be no
more than $673 per month and for two bedrooms no more than $834 per month. The applicant
will be required to maintain rents at the city-approved rent levels based on applicable household
size for each restricted unit.
VI. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT
The applicant intends to privately finance the construction of the 63 units of affordable
apartment. 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 AFFORDABLE HOUSING PROJECT
Based on review of the preliminary proforma submitted by the applicant, the projected
construction and operation costs for the proposed affordable housing project appear to be
reasonable based on the current assumptions. At the time the units are constructed, the
assumptions may change. However, regardless of changes in construction and operational costs,
the applicant will be required at all times to set rental rates which do not exceed the maximum
allowed for related household size (i.e., 1 person, 2 persons, etc.).
January 17, 1994
TO: MAYOR AND CITY COUNCIL
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
HOUSING COMMISSION MEETING OF JANUARY 13, 1994
The following represents a summary of the actions taken by the Housing Commission at their meeting
of January 13, 1994:
1. AFFORDABLE HOUSING PROJECT/MARINER’S POINT (AHP #94-1):
The Housing Commission unanimously approved a recommendation to the City Council to approve the
development of a 176 apartment unit Affordable Housing Project within the Mariner’s Point Master Plan.
The project would provide 1, 2 and 3 bedroom rental units affordable to households at 40%, 50% and
60% of the San Diego County Median.
2. AFFORDABLE HOUSING PROJECT/COSTA DO SOL (AHP #94-2):
The Housing Commission unanimously approved a recommendation to the City Council to approve the
development of a proposed 23 condominium, for-sale Affordable Housing Project within the Costa Do
Sol Master Plan. The project would provide first-time homebuyer opportunities to households at,80% of
the San Diego County Median.
3. AFFORDABLE HOUSING PROJECT/SAMBI SEASIDE HEIGHTS (AHP #94-3) :
The Housing Commission unanimously approved a recommendation to the City Council to approve the
development of a proposed 63 garden apartment unit Affordable Housing Project within the Sambi Master
Plan. The project would provide 1, 2 and 3 bedroom rental units affordable to households at 80% of the
San Diego County Median.
4. RESIDENTIAL REHABILITATION PROGRAM:
The Housing Commission unanimously approved a recommendation to the City Council to approve an
agreement between the City of Carlsbad and the County of San Diego for administration of a residential
reha ilitation program to be operated within Carlsbad. P
EVAN E. BECKER
Housing and Redevelopment Director
C: City Manager
City Attorney
Assistant City Manager
Financial Management Director
Assistant to the City Manager
, Community Development Director
Department Heads