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HomeMy WebLinkAbout1997-09-17; Planning Commission; ; CT 97-08|PUD 97-05 - MARVISTA AT LA COSTACity of CARLSBAD Planning Departme A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: September 17, 1997 Application complete date: July 22, 1997 Project Planner: Dennis Turner Project Engineer: Ken Quon SUBJECT: CT 97-08/PUD 97-05 - MARVISTA AT LA COSTA - Request for approval of a Negative Declaration, Tentative Tract Map and Planned Development Permit to construct a subdivision consisting of 17 single- family, small-lot dwelling units, plus recreation and RV facilities on 21 lots created from a 2.49-acre, previously- graded site, located on the north side of Unicornio Street, west of El Fuerte Street in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4174 APPROVING the Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolutions No. 4175 and 4176 APPROVING CT 97-08 and PUD 97-05 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposal is for a small-lot, single-family subdivision of 17 two-story dwelling units plus the recreation, RV storage and other amenities associated with a planned development. The project would be consistent with the site's RD-M zoning designation and implement the RMH General Plan land use designation, with a unit yield that would be 7.15 units under the Growth Management Control Point allowance (density = 8.1 du/acre, adjusted for slope constraints). The project meets all of the criteria set out by Council Policy 44 (the special "Guidelines for the Development of Small Lots") as well as the City's standards for Planned Developments and subdivisions. Therefore, all necessary findings can be made for the approvals being requested. The project will be purchasing affordable housing credits in Villa Loma to meet its 2.55-unit inclusionary housing obligation. In conclusion, staff believes that the project has addressed all issues and, therefore, warrants approval. III. PROJECT DESCRIPTION AND BACKGROUND In the 1970s the block on the north side of Unicornio Street between El Fuerte Street and Cacatua Street was rough-graded into a long, narrow set of pads. A large portion of the block was created from fill, resulting in a long 2:1 slope along the northern edge of the entire block (up to 60 feet high at the eastern end). In the late 1980s the westerly portion of the block was developed with two-story, detached rental apartments using a series of short courtyard cul-de- sacs accessed directly from Unicornio Street. In 1989 a five-lot tentative map (CT 89-34) was approved on one of the remaining six lots, but was not developed before the map expired. CT 97-08/PUD 97-05 - M^WlSTA AT LA COSTA SEPTEMBER 17, 1997 PAGE 2 TRC Development ("Avalon Homes") has recently obtained a purchase option for the other five lots (numbered lots 6-9 and 11 on the original map), but not for lot 10, the site of the expired 1989 tentative map. The company now wishes to build single-family homes on these two non- contiguous parcels of land. Because of the intervening lot 10 the City is required to process separate approvals for the two sites comprised by lots 6-9 and lot 11. The tentative map and PUD for lots 6-9 (Marvista at La Costa, Phase 1) is the subject of this report and the actions currently before the Planning Commission. A Minor Subdivision (MS 97-05 for four lots) and a Planned Development (PUD 97-08) are being processed separately for lot 11 (Marvista, Phase 2). Please see the site Location Map, Attachment 4. Because of the size of this second proposal (four or fewer lots and units) the approvals are administrative and will not be heard by the Planning Commission. If approved, however, both sites would be operated under a single home owners' association and common CC&Rs. The approval of Phase 2, the smaller site, will be conditioned on the approval of the current Phase 1. The subject project, Marvista Phase 1, consists of 17 single-family homes on individual lots. These units would be clustered around three courtyard cul-de-sacs that access directly from Unicornio Street. No more than six units would be placed on any one cul-de-sac. This configuration is essentially similar to the one utilized on the property immediately to the west of the site. The cul-de-sacs would be three additional lots. A landscaped, passive recreation area of 1,937 square feet would be located between two units; it would front on Unicornio Street on its own lot. Therefore, a total of 21 lots are proposed. The required RV storage area would be located in a fenced area between one of the units and the recreation area. Please see Exhibit "A". The rear yards of proposed lots 2-5, 9-11, and 14-16 would run northerly, down the existing 2:1 manufactured slope. The vegetation on this 50-60 foot-high slope is a mix of mature native and non-native grasses and shrubs. While no grading or re-grading is proposed for this slope, it will be necessary to finish-grade the building pad areas at the top of the slope. A total of 1,200 cubic yards of cut and 700 cubic yards of fill are proposed for this earthwork. All 17 of the units would have two-stories, in one of two basic floor plans: 1,832 square feet or 2,035 square feet. Both models are 23 feet in height. The project is being processed as a single- family, small-lot development pursuant to Municipal Code Section 21.45.090(o) and Council Policy 44 ("Guidelines for Development of Small Lots"). Under these guidelines, lot sizes may be as small as 3,500 square feet. Buildable lot sizes are proposed to range from 3,860 to 10,300 square feet. Three exterior architectural finishes are proposed: "Cape Cod", "Monterey", and "Traditional", each utilizing tile roofs, with varying roof lines, decorative shutters, brick or stone accents and grey, white, or tan stucco. All side facades facing Unicornio Street and the cul-de sacs, including garages, would feature enhanced architecture and window treatments. Many of the units include the variable roof lines and offsetting building planes that are called for by Council Policy 44. The property is zoned RD-M and designated RMH in the General Plan. Surrounding land uses are: adjacent and to the west, a single-family, small-lot subdivision of two-story buildings, similar in concept the subject proposal; south, across Unicornio Street, both a vacant lot and a two-story condominium project; adjacent and east, vacant lots with the same zoning and general CT 97-08/PUD 97-05 - SEPTEMBER 17, 1997 PAGE 3 ISTA AT LA COSTA plan designations as the subject property; and north, at the toe of the fill slope, the rear yards of single-family homes. The proposed project is subject to the following regulations: A. Carlsbad General Plan designation of Residential Medium High - RMH (8-15 du/acre with a growth management control point of 1 1 .5 du/acre.). B. Residential Density - Multiple (RD-M) Zone (Municipal Code Chapter 21.24); Planned Development Ordinance (Municipal Code Chapter 21.45; and Council Policy 44 ("Guidelines for Development of Small Lots"). C. Inclusionary Housing Ordinance (Municipal Code Chapter 21 .85). D. Growth Management Ordinance (Municipal Code Chapter 21.90) and Local Facilities Management Zone 6. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. GENERAL PLAN The following Table 1 identifies General Plan goals and objectives relevant to the proposed project and indicates the degree to which the proposal complies. TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES AND IMPROVEMENTS COMPLY? Land Use Site is designated for Residential Medium High density (8-15 du/acre with GMCP = 11.5). Single-Family homes at a density of 8.1 du/acre (net, adjusted for slopes) Yes Housing Ensure that all master-planned and specific planned communities and all qualified subdivisions provide a range of housing affordable to all income groups. Project provides market rate housing within the La Costa Master Plan area. Developer will be providing 2.55 units affordable to low income households through purchase of credits in an existing affordable housing project, Villa Loma. Yes CT 97-08/PUD 97-05 - SEPTEMBER 17, 1997 PAGE 4 M/iff.ISTA AT LA COSTA TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES AND IMPROVEMENTS COMPLY? Public Safety Design all structures in accordance with seismic design standards of the UBC and State building requirements Provision of emergency water systems and all-weather access roads. All buildings will meet UBC and state seismic codes. All necessary water mains, hydrants and appurtenances to be installed prior to occupancy and all-weather roads to be maintained throughout construction period. Yes Yes Open Space and Conservation Minimize environmental impacts to sensitive resources within the City. Utilize Best Management Practices for control of storm water and to protect water quality. Project site has no significant native vegetation or habitat value and no known archaeological or paleontological resources. Project will conform to all NPDES requirements. Yes Yes Circulation Require new development to construct all roadways needed to serve the proposed development. All street improvements exist. Internal courtyard driveways will provide access to Unicornio Street for each cluster of 5-6 houses. Yes B. Zoning and Planned Development Standards The project would be developed as a small-lot, single-family planned development. The RD-M zoning (Municipal Code Chapter 21.24) permits single-family products, in addition to two- family and multiple-family product types. In general, the City's Planned Development (PD) regulations (Municipal Code Chapter 21.45) supersede the development standards contained within the RD-M zone. However, where the PD regulations are silent the RD-M zone is in effect. In addition, special provisions and options exist within the PD regulations to enable the development of clustered, single-family housing in developments with lots as small as 3,500 square feet. Single family units may be clustered using any of several options and variations of the standard PD regulations for lot size, set-backs, frontages, etc. In return for these more flexible regulations, the City Council, via its Policy 44, established special architectural guidelines for small lot subdivisions. These guidelines require the architecture to be enhanced on certain percentages of the project units. Among other things, the enhancements include requirements for a minimum numbers of offsetting planes in both front and rear facades and roof lines. CT 97-08/PUD 97-05 - SEPTEMBER 17, 1997 PAGES AVISTA AT LA COSTA Special considerations due to definitions: A) Under the City's definitions, the three courtyard cul-de-sacs are "private driveways". Under the PD regulations [Municipal Code Sections 21.45.090(b) and 21.45.0909(o)] this provides the builder with options to reduce the lot frontage and front yard setbacks for those lots that do not front on Unicornio Street. Avalon Homes has decided to utilize these options. B) By definition, the front and rear yards of lots are established along the narrow axis of the lot, irrespective of the orientation of the building on the lot. Proposed lots 1, 12, 13, and 17 have front yards on Unicornio Street, while the fronts of the buildings (including garage access) on these lots face cul-de-sac driveways. With no direct access to Unicornio Street the RD-M regulations allow the front yard set-backs for these units to be reduced to 10 feet when the yard is fully landscaped [Municipal Code Section 21.24.040(2)]. The following Table 2 identifies development standards that are relevant to the development proposal and indicates the degree to which the project complies. TABLE 2 - DEVELOPMENT STANDARDS DEVELOPMENT STD Source given in brackets [ ] Min lot area: 3,500 sq. ft. [PD] Setbacks (Minimum) Front (off driveway): 5 ft. (w/ guest parking along driveway and garage door openers) [PD] Front (off public street): 10 ft. [RD-M] Side: 5 ft. [RD-M] Rear: 10 ft. [RD-M] Height Limit: 30ft. [PD] Visitor Parking: 7 spaces onsite [PD] PROPOSED PLAN Lots range from 3, 860 -to 10,300 sq. ft. 7 ft. is the smallest setback along the driveways. Minimum setback is 15 ft along Unicornio Street Minimum setback is 5 ft. Minimum setback is 1 5 ft Maximum is 24 feet 7 spaces onsite COMPLIES? Yes Yes Yes Yes Yes Yes Yes CT 97-08/PUD 97-05 - SEPTEMBER 17, 1997 PAGE 6 ISTA AT LA COSTA TABLE 2 - DEVELOPMENT STANDARDS DEVELOPMENT STD Source given in brackets [ ] PROPOSED PLAN COMPLIES? Recreation Space: 200 sq. ft/du. = 3,400 sq. ft. [PD] Private: 15' x 15' min. yard. S.F. Common, Passive: no minimum S.F. Common, Active: no minimum Yards: 15' x 15' min. x 17 du. = 3,825 sq. ft. (most lots have much more). Balconies: 5'xlO'xlldu = 550 sq.ft. = 1,937 sq. ft. = 0 sq. ft. Total = more than 6,312 sq. ft. Yes RV Storage: 20 sq. ft. /du. = 340 sq. ft. [PD]Area is 410 sq. ft.Yes Private Street (driveway): 32 feet, 2 lanes, parking on one side [PD]32 feet, 2 lanes, parking on one side Yes Circulation Lighting: Adequate for pedestrian and vehicles 2 street lights min., per courtyard Yes S.F. Small Lot Design Guidelines: [Council Policy 44] Single story edge treatment: 33% of du. Building planes - street (front) side: 50% of du. Building planes - rear facade: 50% of du. Limit on 3-car garages: 75% of du. 8 du. (or 47 %) 12 du. (or 71%) 13 du. (or 76 %) 0 du. (or 0 %) Yes Yes Yes Yes The project proposal meets or exceeds all of the development standards called for by the City's Zoning and Planned Development ordinances, as well as Council Policy 44. If there is any area for possible concern it is the fact that the site design is extremely "tight" with regard to setbacks. In order to fit the footprints of the proposed buildings onto the unconstrained portions of the lots, minimum setbacks especially between buildings, are being proposed as the norm. Staff has cautioned the developer that extreme care will have to be taken in construction to assure that these minimal setbacks are realized in the field as there will be no room for error. Nevertheless, as designed, all setbacks meet the minimum requirements. C. Inclusionary Housing Ordinance The project's 15 percent inclusionary obligation is 2.55 dwelling units of housing affordable to low-income households. Because of the small size of the project, the fiscal difficulties of making the proposed product-type affordable onsite, and the tight, limited space available for other onsite CT 97-08/PUD 97-05 - MATVISTA AT LA COSTA SEPTEMBER 17, 1997 PAGE 7 solutions, Avalon Homes has applied for permission to satisfy the project's obligations by participating in an off-site combined project with another developer, as is provided by Municipal Code Chapter 21.85. In particular, Avalon Homes has requested permission to purchase credits in the existing Villa Loma project. Although Villa Loma is located in the southwest quadrant of the city and the proposed project is in the southeast quadrant, the City's Inclusionary Ordinance allows projects in the southeast quadrant to make such purchases. Although the City Council makes the final decision on this request, pursuant to Council Policy 58, formal recommendations to approve the request have come from both the Combined Project Review Committee and the Housing Commission (agenda of August 14, 1997). Therefore, staff believes that the City will be able to enter into an Affordable Housing Agreement with the applicant, thus satisfying the obligation. D. Growth Management Ordinance Since the Marvista at La Costa project involves the development of units on land which was previously subdivided, and at a density below the Growth Management Control Point, the potential impacts on facilities have been previously assessed in the Zone 6 Local Facilities Management Plan. The project, as conditioned, will be served with all utilities and improvements prior to occupancy of any unit. Further, no additional off-site improvements would be required. The project is thus consistent with the Zone 6 Local Facilities Management Plan. Table 3 summarizes the project's compliance with the applicable requirements. TABLE 3 - GROWTH MANAGEMENT COMPLIANCE FACILITY City Administration Library Wastewater Treatment Capacity Parks Drainage Circulation Fire Open Space Schools Sewer Water Growth control allowance IMPACTS/STANDARDS 59.lsq.ft 3 1.5 sq.ft. 17EDU 0.1 18 acre Basin = Batiquitos 170ADT Station 2 not required San Marcos Unified 17EDU 3,740 GPD Project is 7.15 du. under COMPLIES ? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A V.ENVIRONMENTAL REVIEW The proposed project is consistent with the City's General Plan and an EIR (MEIR 93-01) was certified with respect to that General Plan. The Initial Study prepared in conjunction with this project determined that the environmental effects which are peculiar to the property or to this project are not considered significant effects that were not considered significant in MEIR 93-01. In addition, there is no substantial new information that shows that the development of this CT 97-08/PUD 97-05 - MAKVISTA AT LA COSTA ^ SEPTEMBER 17, 1997 PAGES project will exacerbate the significant impacts identified in MEIR 93-01. The project site was massively graded in the 1970s and today supports no significant habitat and no sensitive plant or animal species. No historical, archaeological, or paleontological resources are known to exist at the site, and due to the previous grading, none are anticipated to be discovered. Furthermore, the project has either been designed or conditioned to incorporate all feasible and pertinent mitigation measures identified in MEIR 93-01. In consideration of the foregoing, on August 11, 1997, the Planning Director issued a Negative Declaration for the proposed project. No comments were received. Please see the Environmental Assessment Form for a detailed description of the environmental setting and an expanded justification for the recommendation to approve the Negative Declaration. ATTACHMENTS: 1. Planning Commission Resolution No. 4174 2. Planning Commission Resolution No. 4175 3. Planning Commission Resolution No. 4176 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Statement 8. Reduced Exhibits 9. Full Size Exhibits "A" - "T", dated September 17, 1997. DT:kr MARVISTA AT LA COSTA CT 97-08/PUD 97-05 BACKGROUND DATA SHEET CASE NO: CT 97-08/PUD 97-05 CASE NAME: Marvista at La Costa (Phase APPLICANT: TRC Development Corporation (d.b.a. Avalon Homes) REQUEST AND LOCATION: Subdivision to create 21 lots, followed by construction of 17 single family homes on individual lots, on the north side of Unicornio Street in La Costa. LFMP Zone 6. LEGAL DESCRIPTION: Lots 518-521. La Costa Meadows Unit No. 3. Map 7076, County of San Diego. APN: 215-360-06, 07, 08. 09 Acres: 2.49 Proposed No. of Lots/Units: 21 lots/17 dwelling units GENERAL PLAN AND ZONING Land Use Designation: Residential-Medium High (RMH) Density Allowed: 8.0 to 15 du/acre Density Proposed: 8.1 du/acre (slope adjusted) Existing Zone: RD-M Proposed Zone: RD-M Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site RD-M Vacant, pre-graded pads North R-l Single-family homes South RD-M Vacant/2 story condos East RD-M Single-family rental homes West RD-M Vacant, pre-graded pads PUBLIC FACILITIES School District: San Marcos Water District: Vallecitos Sewer District: Leucadia Water District Equivalent Dwelling Units (Sewer Capacity): 17 Public Facilities Fee Agreement, dated: April 11, 1997 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued August 11. 1997 Certified Environmental Impact Report, dated Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Marvista at La Costa - CT 97-08/PUD 97-05 LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RMH (8-15 du/acre) GCP(11.5 du/acre) ZONING: RD-M DEVELOPER'S NAME: TRC Development Corp. (d.b.a. Avalon Homes) ADDRESS: 26440 La Alameda. Suite 370. Mission Vieio CA 92691 PHONE NO.: (714)582-4111 ASSESSOR'S PARCEL NO.: 215-360-06. 07. 08. 09 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 2.49 acres ESTIMATED COMPLETION DATE: n/a A. B. C. D. E. City Administrative Facilities: Library: Demand in Square Footage = 5.91 Demand in Square Footage = 31.5 F. G. H. I. J. 170 K. L. Wastewater Treatment Capacity (Calculate with J. Sewer) 17EDU Park: Demand in Acreage = 0.118 Drainage: Demand in CFS - n/a Identify Drainage Basin = Batiquitos (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: (Demands to be determined by staff) Sewer: Demands in EDUs Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 3.740 n/a San Marcos 17 n/a The project is 7.15 units under the Growth Management Dwelling unit allowance. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. TRC Development Corporation 26440 La Alameda, Suite 370 Mission Vieio. CA. 92691 OWNER List the names and addresses of all persons having any ownership interest in the property involved. Real Estate Collateral Management Company 450 "R" Street, Suite 62D San Diego, Ca. 92101 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. Redsun _ Bank of AmericaScott B. 27381 Celanova Mission Viejo,CA. 92692 450 "B" Street, Suite 620 San Diego, Ca. 92101 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. 2O75 Las Palmas Dr. - Carlsbad. CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 5.Have you had nrx^Pthan $250 worth of business tranSRted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? n No If yes, please indicate person(s):_ Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district-or other political subdivision or any other group or combination acting as a unit." NOTE: Attach additional sheets if necessary. rint or e name of owner Signature of applicant/date Scott B. Redsun Print or type name of applicant Disclosure Statement 10/96 Page 2 of 2 TENTATIVE TRACT NO. 97-08 CITY OF CARLSBAD GENERAL INFORMATION 1. TOTAL ACREAGE; _ 2. NET ACREAGE MQ. ... . < AFTER SLOPE ANALYSIS] 3 TOTAL NUMBER OF LOTS' 21 <V7 RESIDENTIAL. 4 OPEN SPACE I. EXISTING ZONIHC; RD-U TYPICAL SECTION ONSITE DRIVE IRC DEVELOPMENT CORP. 26440 LA ALAMEDA. SUITE 370 MISSION VIFJO, CALIFORNIA 92691 PHONE-1714) 562-4111 REAL ESTATE COL LATORAL MANAGEMENT CO. 450 "B" SIRtET, SUITE 620 SAN DIEGO. CA 92101 ^ff^^Ttm-nni \TiTitji _tiL/ _ DRIVEWAY PARKING <uiN.20'>> 22 TOTAL GUEST PARKING: 3(3 PARKING REOUfiED: 7 RECREATION AREA, COWMDW 19i7 SfENGINEER OF WORK: AVENUECIVCOM & ASSOCIATESBalboa Avenue, Suite 301 San Diego, California (619) 505-8800 Fax: (619) 505-886& LEGAL DESCRIPTION: • NO. 3. IN Th£ CUT OF CARLSBAD. VIPINITY MAPOUNTY OF SAW DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF HO. 7076, XJUIINI ' ' MMr ILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OEGO. OCTOBER 6. 1S7I, |jQT TO SCALE FIRST FLOOR PLAN SECOND FLOOR_J>LAN 1,83.2 SQ. FT. LIVING AREA SHE DflUISON | HflNNOUCH€. fli- -'Brick.'. Metal.Erifry DC. LEFT ELEVATION REAR ELEVATION (AT SLOPE) .RIGHT ELEVATION CALIFORNIA TRADITIONAL DflWSON HflNNOUCHS FU- Tt< TMM74 :2Q: ...Concrete. Tile. Roof ..$hingte: Siding Wood Trim,- 'Aluminum Window • '-^^ Roll.Uf) 'Garage DL, — .Stone —. Metal Entry Dr. r, S.tUCCO. LEFT ELEVATION REAR ELEVATION (INTERNAL TO CUL-DE SAC) vRlGHT ELEVATION GAPE COD 2IU2 DflUISON HRNNOUCH6 PRT€n fi c H I T t 1 FIRST FLOOR PLAN SECOND FLOOR^J>LAN 1,832 SQ.H. LIVING.AREA • FMTViaiOMB •Y DflWSON ! HflNNOUCHe iJO Ntwpwt Cvtor Orfn tM: T14,T»UBM FB: n*.J»aJ»7» ; z Q. Ma r v i s t a TR C D E V E L O P M E N ~ ^ ^ » R A T I O N D«*"**i ~BHte*rp' " ' ' BtTf i"'tr-D- 9SOS3 •"•F ?Vff*f Concrete Tile Roof Horizontal Siding. Wood Trim Aluminum -Windows a ~ Roll-Up Garage Door Stucco Brick Metal Entry Dr. ELEVATION <AT SLOPE) LEFT ELEVATION RIGHT ELEVATION CALIFO.RNIA.TRADITI.QNAL 2UE DflUISON HflNNOUCHfi .Concrete,Tile Roof Sliingle..Siding Wood Trim Aluminum Windows, FRONT ELEVATION ' - Raff-Up Garage Door - -Stone Metal: .E -..Stucco. LEFT ELEVATION REAR ELEVATION (INTERNAL TO CUL-DE SAC) , RIGHT ELEVATION CAPE COD; REVISIONI BV DflUUSON HflNNOUCHemre ""fNljjV* HMrport e«h. CA B»W =a 1-1a.;. .-« •eS • IBM, '•§ . tri • S|: % 1 I | O-.WN 0. 1/4"--0' 860 3 _4 CO FIRST FLOOR PLAN SECOND FLOQR_PLAN 1,832 SQ. FT. LIVING AREA Concrete Tile Root, Horizontal Siding..Wood Trim. .Aluminum Windows: Metal'CntryDt. LEFT ELEVATION B REAR ELEVATION RIGHT ELEVATION A.- CALIFORNIA- TR&D1T1QH&L: SUE DFUISON OQC SfctUJ_lO .£• Dining Room j Living Room ' I ib'-8"xi2;JJ-' FIRST FLOOR PLAN SECOND FLOOR PLAN 2,03SSQFT 1TE i DRUSON ; HHNNOUCH6 • PflT£_ . n fl c H i T^^^^C: p L fl N^^H . NnrFon »«cn, CA tlMe cs z _Ja. § I T R C D E V E L O P M E N ^ ^ p O R A T I O N • Concrete Tile Roof -Horizontal Siding Wood trim FRONT ELEVATJOtN • Metal Entry Dr. • Brick • Stucco • Roll-Up Garage Door SIDE ELEVATION (INTERNAL TO CUL-DE SAC) SIDE ELEVATION CALIFORNIA TRADITIONAL 0455- REAR ELEVATION (AT SIDE ELEVATION -Metal Entry Dr. -.Storre ~Stucco - Roll-Up Garage Door (D SIDY ELEVATION: .MONTEREY DflusON HfWNOUCHe CM XkU,,, _i ,P" FIRST FLOOR PLAN SECOND FLOOR PLAN H-4 i iI i' 1 f • i f—I 2,035 SQ. FT. z_1 a. I - Concrete Tile Roofing- :Horizontal Siding •'-••• -Wood Trim Aluminum Window rrr-i1 d>:al Entry Dr. -Brick - Stucco -Roll-Up Garage Door .r SIDE ELEVATION -IfV k 581 1 } \\ ': \\W dk.A^ a REAR ELEVATION (AT SLOPE) SIDE ELEVATION CALIFORNIA TRADITIONAL eacs=tfe Z!< 20 Concrete Tile Roofing • Shingle Siding. - Aluminum .Window .n SIDE ELEVATION (INTERNAL TO CUL-DE SAC) — Roll-Up Garage Dr. ® SIDE ELEVATON CAPE COD ir-l DflUJSON 1 HflNNOUCH^I P ARCHPLfl 1M: TI4. 68,«S Ifc < i flTt^HC »"'Wf wan* EX T E R I O R EL E V A T I O N S (S-, #L .•p Pdk? * T •( i^.^ The City of Carlsbad Housing & Redevelopment Department A REPORT TO THE HOUSING COMMISSION Item No. 1 Staff: Craig D.Ruiz Management Analyst DATE: AUGUST 14,1997 SUBJECT: MAR VISTA AT LA COSTA - APPLICATION TO PURCHASE AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA HOUSING PROJECT I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 97-009, recommending that the City Council APPROVE a request by TRC Development Corporation to purchase 2.55 Affordable Housing Credits in the Villa Loma housing project in order to satisfy the affordable housing obligation of the Mar Vista at La Costa project under the City's Inclusionary Housing Ordinance. II. BACKGROUND TRC Development is currently processing an application for tentative map (CT 97-08) to develop 17 single family homes on approximately 2.5 acres. The project is designed around three cull-de-sac streets and includes home sites with a minimum parcel of 3,500 square feet. The development of 17 homes will require the developer to provide 2.55 units of housing affordable to lower income households as required by the City's Inclusionary Housing Ordinance. It is the applicant's position that there are significant constraints on the site which would make it difficult to provide the affordable housing units on-site. Therefore, the applicant is requesting to purchase Affordable Housing Credits ("credits") in the Villa Loma project in lieu of on-site construction. The City's Inclusionary Housing Ordinance permits off-site satisfaction of an inclusionary requirement through participation in a Combined Inclusionary Housing Project ("Combined Project") if the City Council determines that it is in the public interest. Purchase of credits in the Villa Loma project constitutes participation in a Combined Project. Policies Regarding Off-Site Projects and Purchase of Affordable Housing Credits The City Council has adopted two policies which deal with off-site or Combined Projects and the sale of Affordable Housing Credits. Council Policy 57 was developed to MAR VISTA AT LA COSTA AUGUST 14,1997 PAGE 2 establish the criteria to be utilized in order to make the necessary finding that off-site satisfaction of an inclusionary housing requirement, when proposed through a Combined Project, is in the public interest. This policy requires review of the request and an action recommendation from the Combined Project Review Committee consisting of the Housing and Redevelopment Director, City Manager, Financial Management Director, Community Development Director, Planning Director and City Attorney. The Mayor is an ex-officio member of the Committee. This Committee has reviewed the subject request and is recommending approval. Council Policy 58 was established to determine the price of credits and the mechanism to satisfy a developers obligation under the City's Inclusionary Housing Ordinance. Based upon this policy, the current cost to purchase a housing credit in the Villa Loma project is $32,220 per unit. The Mar Vista Project, therefore, will be required to pay to the City of Carlsbad a total of $82,161, if approved. RECOMMENDATION The Council Policies require staff to evaluate the request for off-site satisfaction of the inclusionary housing obligation and the purchase of credits based upon three primary criteria. The criteria includes: 1) feasibility of on-site proposal; 2) relative advantages/disadvantages of an off-site proposal; and 3) the advancement of housing goals and strategies. The following is a summary of staff s analysis of the criteria for the project. Feasibility of On-site Proposal • The small scale of the developable area, and the physical constraints caused by the large slope areas effectively precludes all types of on-site affordable housing projects. Also, the small scale of the affordable housing project makes the development economically unfeasible due the significant financial subsidy which would be required for the project. Further, the small scale of the affordable housing project makes it unlikely that the project will generate interest from funding sources. Relative Advantages/Disadvantages of an Off-site Proposal • The participation in the off-site project will allow the City to recover the costs associated with the development of excess affordable housing units. • The Villa Loma project has locational advantages over the on-site project in terms of direct access to jobs, public transportation, schools, parks as well as other amenities and services due to the being located directly on a major thoroughfare. MAR VISTA AT LA COSTA AUGUST 14,1997 PAGE 3 Advancing Housing Goals and Strategies • The recovery of the City's investment in the Villa Loma Project will provide for additional financial resources which are needed to further affordable housing development in the community. Based upon the analysis of the above criteria, it is staffs opinion that adequate justification has been provided to make the finding that the off-site satisfaction of the inclusionary housing requirement is in the public interest. Therefore, staff is recommending that the request to purchase credits be recommended for approval by the Housing Commission. EXHIBITS 1. Housing Commission Resolution No. 97-009 2. Applicant Request to Purchase Credits 3. Draft Affordable Housing Agreement cr 1 2 3 4 AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA HOUSING PROJECT IN ORDER TO 10 n WHEREAS, TRC Development has made application for Tentative Map CT 97-11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 HOUSING COMMISSION RESOLUTION NO. 97-009 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, TO RECOMMEND THAT THE CITY COUNCIL APPROVE A REQUEST BY TRC DEVELOPMENT CORPORATION TO PURCHASE 2.55 SATISFY THE AFFORDABLE HOUSING OBLIGATION OF THE MAR VISTA AT LA COSTA PROJECT UNDER THE CITY'S INCLUSIONARY HOUSING ORDINANCE. APPLICANT: TRC DEVELOPMENT CASE NO: CT 97-08/PUD 07-05 08 and Planned Unit Development PUD 97-05 with the City of Carlsbad for the development of a 17 unit residential subdivision; WHEREAS, the subdivision of land for 17 residential units requires the developer to provide 2.55 units of housing affordable to lower income households as required by Carlsbad Municipal Code Section 21.85 of the City's Inclusionary Housing Ordinance; WHEREAS, the Villa Loma housing project was conceived and developed with City participation based on the creation of 184 excess affordable housing units which would be available to satisfy other developers inclusionary housing obligation; WHEREAS, TRC Development has requested to purchase Affordable Housing Credits as a means to satisfy their affordable housing obligations as permitted by Carlsbad Municipal Code Section 21.85 of the City's Inclusionary Housing Ordinance and consistent with City Council Policies 57 and 58; WHEREAS, the request to purchase Affordable Housing Credits has been submitted to the City of Carlsbad's Housing Commission for review and consideration; 28 WHEREAS, said Housing Commission did, on the 14th day of August, 1997, hold 1 a public meeting to consider said request for the purchase of Affordable Housing Credits2 3 4 if any, of all persons desiring to be heard, said Commission considered all factors relating 6 to the application and request to purchase Affordable Housing Credits; 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission8 9 10 24 25 26 27 28 by TRC Development; WHEREAS, at said public meeting, upon hearing and considering all testimony, of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The project is consistent with the goals and objectives of the City of 12 Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. 13 3. Based upon the analysis contained within the Housing Commission Staff Report, the Housing Commission finds that the off-site satisfaction of the 15 " 16 n Report and testimony presented during the public meeting of the Housing Commission on August 14, 1997 the Commission recommends that the City inclusionary housing requirement is in the public interest. 4. That based on the information provided within the Housing Commission Staff Council APPROVE a request by TRC Development Corporation to purchase 2.55 affordable housing credits in the Villa Loma housing project in order to satisfy the affordable housing obligation of the Mar Vista at La Costa project 18 19 under the city's inclusionary housing ordinance. 21 5. That the Housing Commission recommends that the City Manager or his designee is authorized to execute the Affordable Housing Agreement in 22 substantially the form presented in the Exhibit 3 for the Housing Commission Staff Report and to execute such other documents, or take other actions as may be necessary or appropriate to assist the developer in acquiring the Affordable Housing Credits. HCRESO.NO. 97-009 PAGE 2 8 10 11 12 17 General Conditions: Within sixty (60) days of the City Council approval of Developer's request to purchase Affordable Housing Credits, and prior to receiving Final Map approval, Developer shall execute this Agreement and pay to the City the sum of $ 82,161 as its payment for two and fifty-five one-hundredths (2.55) Credits. Execution of this Agreement by the parties and payment of the sum of $ 82,161 to the City by the Developer shall fully satisfy the Developer's affordable housing obligation pursuant to Chapter 21.85 of the Carlsbad Municipal Code and the above-referenced conditions of approval. Upon execution of this Agreement and receipt of the above payment from developer, City will record an appropriate release of the developer's obligation. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 14th day of August, 1997, by the following vote, to wit: AYES: NOES: 13 ABSENT: 14 15 .. Housing Commission 16 " MICHAEL SCHLEHUBER, Chairperson DEBBIE FOUNTAIN Housing and Redevelopment Director18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 Avalon Homes July 16, 1997 Via Facsimile and U.S. Mail (760) 720-2037 Evan Becker Director, Housing and Redevelopment CITY OF CARLSBAD 2965 Roosevelt, Suite B Carlsbad, CA. 92008 SUBJECT: MARVISTA AT LA COSTA PHASE I & IE - AFFORDABLE HOUSING REQUIREMENTS Tentative Tract 97-08 (17 lots) and Tentative Parcel Map 97-05 (4 lots) North West corner of El Fuerte Street and Unicornio Ave. Dear Evan: To meet the City of Carlsbad's inclusionary housing requirements of 2.55 units on Marvista I, TM 97-08 I have enclosed a completed OCIHPA worksheet to provide evidence of meeting the criteria to apply for and obtain affordable housing credits pursuant to Policy 57 & 58 of the City's Housing Ordinance (CMC Chapter 21.85). This policy allows housing tracts in the Southwest Quadrant of the city to apply for and purchase affordable housing credits from the 344 unit affordable housing project known as Villa Loma. It is my understanding that Marvista II, Tentative Parcel map 97-05 consisting of 4 units qualifies to pay in-lieu fees for the 4 units as the tentative parcel map has less than 7 units. The City of Carlsbad's planning department is processing Marvista I & II as two different projects and their inclusionary housing obligations should be considered separately. The Planing Department cannot complete there review of this project until there is a consensus that the above project qualifies for the purchase of affordable housing credits. Please inform me as quickly as possible on the status of credits available for purchase for these projects and the time required to process and approve this application. To assist you I have included 8 Vz X 11 copies of the tentative maps. 26440 La Alameda, Suite 370 Mission Viejo, CA. 92691 - Tel: (714) 582-4111 - Fax: (714) 582-4115 Evan Becker July 16, 1997 Page 2 I you have any questions or need additional information do hesitate to call me. Please sign the enclosed copy of this letter as a receipt that you have received this letter. I have enclosed a self addressed envelope with postage to expedite this process. Thank you for your diligent assistance in this matter. Sincerely, Avalon Homes Scott B. Redsun President cc: Debbie Fountain Dennis Turner - Planning Department Received by: Date OFF-SITE AND COMBINED INCLUSIONARY HOUSING PROJECT ASSESSMENT WORKSHEET BACKGROUND 1. Applicant Name and Address: TRC Development Corporation Dba: Avalon Homes 26440 La Alameda, Suite 370 Mission Viejo, CA 92691 (714)582-4111 2. Off-site or Combined Project Name: 344 unit affordable housing project known as Villa Loma 3. Description of Project with Inclusionary Housing Obligation: Marvista I & II is a small infill project located at the northwest corner of El Fuerte Street and Unicomio Avenue. The project consists of 5 previously graded lots totaling approximately 3.13 acres. The project will provide 17 units and 4 units respectively of single family housing ranging in size from 1,800 to 2,050 square feet, with a minimum lot size of 3,500 square feet. There are four small cul-de-sacs with 4 to 6 unit in each cul-de-sac. 4. Proposed On-site Project Description (if any): None 5. Proposed Off-site Project Description: 344 unit affordable housing project known as Villa Loma. Marvista at La Costa I will be required to purchase 2.55 credits and Marvista at La Costa II qualifies for in-lieu fees as the tentative parcel map has less than 7 units. 6. Description of On-site Project Constraints: The project of 3+ acres offers very little opportunity to provide on-site affordable housing. The project is surrounded by existing housing and fully developed street system. There are 4 private cul-de-sacs with 4 to 6 units in each one. A private park will be provided to the residences of Marvista I & II. A homeowners association will maintain the private park, slopes and front yards. Attachment "1" to Council Pilicy Statement No. 57 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Marvista APPLICANT NAME: TRC Development Corporation Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Located in the La Costa region of Carlsbad, Marvista will be a small enclave of 17 single family homes, with a minium lot size of 3,500 square feet. Marvista is designed around 3 small cull-du- sac streets, 32 feet in width. There will be no more than 6 homes on any one cull-du-sac offering their residence a quite friendly atmosphere. Marvista will offer its residences a common area park featuring a shuffle board court and a picnic area for both active and passive usage. In addition, residences will be provided front yard landscaping which will be maintained by the Marvista Homeowners Association. This Homeowners will also be responsible for the maintenance of common area landscaping, slope landscaping and private streets. Marvista will offer two floor plans ranging is size from 1,870 to 2,020 square feet, with each floor plan offering up to 4 bedrooms and 2.5 baths. We have developed 3 distinctive architectural styles for Marvista. Both floor plans will offer a California Cottage elevation which is accented by front porches, wood siding and window shutters. In addition to the California Cottage style, Plan one will offer an elevation reflecting the Beach Bungalow style of architecture which is denoted by shingle siding and rock accents. The second elevation for Plan 2 is accented by shutters and rock accents reflecting the California Spanish style of architecture. Marvista will also include 4 additional homes which is being developed on a lot not contiguous to this project. They are separated by one lot, these 4 units will be offer the same amenities as the 17 units. Currently, the land to be developed consists of four .6 acre lots which have previously been graded in super pad condition. The surrounding area consists of a wide variety of residential developments which include condominiums, townhomes, small lot single family homes and single family homes on large lots. Marvista will blend in will the existing community and offer the residences of Carlsbad uniquely designed moderately priced single family homes. Rev. 4/91 . ProjDesc.frm SUBJECT LOTS x Map Not To Scale TENTATIVE TRACT NO. 97-08 CITY OF CARLSBAD GENERAL INFORMATION ITPICAL SECTION OHSHE DRIVE DEVELOPER: HOurOWNERgaSjOgj UNICORNIO".CIVCOM & ASSOCIATES Boiuuo flvonne.Sulie iOI . Call rornla LEGAL DESCRIPTION: EXHIBIT 3 AFFORDABLE HOUSING AGREEMENT This AFFORDABLE HOUSING MITIGATION AGREEMENT, entered into this day of _, 19 , by and between the CITY OF CARLSBAD, a Municipal Corporation (hereinafter referred to as the "City"), and TRC Development Corporation, (hereinafter referred to as the "Developer"), is made with reference to the following: A. Developer is the owner and developer of property generally located at the northwest corner of Unicornio Street and El Fuerte Street and Local Facilities Management Zone 6 in the" City of Carlsbad, in the County of San Diego, California (hereinafter referred to as the "subject property").. The subject property is more particularly described in Exhibit "A", which is attached hereto and is incorporated herein by this reference. B. Developer wishes to construct 17 single family homes upon the subject property. The Planning Commission has approved Carlsbad Tract/Parcel Map CT 97-08,and Planned Development 97-05. The Planning Commission issued these approvals subject to conditions of discretionary approval. C. The Developer was conditioned with the ability to satisfy its affordable housing obligation in accordance with Chapter 21.85 of the Carlsbad Municipal Code by purchasing two and fifty-five one-hundredths (2.55) Affordable Housing Credits (Credits) in the Villa Loma affordable housing project. D. Pursuant to the above-referenced conditions of approval, and in accordance with City Council Policies 57 and 58, the Developer has received approval from the City Council by Resolution No. 97- , dated , 1997, to purchase Credits in the off-site project known as Villa Loma. The City controls and has available these Credits in Villa Loma and the project meets the requirements of a Combined Inclusionary Housing Project as defined in Chapter 21.85 of the Carlsbad Municipal Code. Purchasing Credits according to the terms of this Agreement satisfies the developer's affordable housing obligation in accordance with Chapter 21.85 of the Carlsbad Municipal Code and the developer's conditions of approval.. NOW, THEREFORE, it is mutually agreed by and between the ' undersigned parties as follows: 1. SATISFACTION OF AFFORDABLE HOUSING OBLIGATION AND CONDITIONS OF TENTATIVE MAP APPROVAL THROUGH THE PURCHASE OF AFFORDABLE HOUSING CREDITS Within sixty (60) days of the City Council approval of Developer's request to purchase Affordable Housing Credits, and prior to receiving Final Map approval, Developer shall execute this Agreement and pay to the City the sum of $ 82,161 as its payment for two and fifty-five one-hundredths (2.55) Credits. Execution of this Agreement by the parties and payment of the sum of $ 82,161 to the City by the Developer shall fully satisfy the Developer's affordable housing obligation pursuant to Chapter 21.85 of the Carlsbad Municipal Code and the above-referenced conditions of approval. Upon execution of this Agreement and receipt of the above payment from developer, City will record an appropriate release of the developer's obligation. Failure of the Developer to perform according to the terms of this Agreement will be a failure to satisfy the Tentative Map Conditions with respect to the subject property and Chapter 21.85 of the Carlsbad Municipal Code; and the City may exercise any and all remedies available to it with respect to the Developer's failure to satisfy the Tentative Map Conditions including but not limited to withholding the issue of building permits for the subject property. 2. CITY ACKNOWLEDGES DEVELOPER PAYMENT. By executing this Agreement, City acknowledges receipt of Developer's payment under the terms of this Agreement. 3. DEVELOPER WAIVES RIGHTS TO OTHER METHODS OF SATISFYING AFFORDABLE HOUSING OBLIGATION. By executing this Agreement, developer waives any and all rights to other means of satisfying the affordable housing obligations required by Chapter 21.85 of the Carlsbad Municipal Code and the conditions of approval. 4. HOLD HARMLESS. The undersigned developer (hereinafter referred to as "Indemnitor"), for and in consideration of the City of Carlsbad's approval of this Agreement, and for other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged by Indemnitor, does hereby covenant, undertake and agree that it will indemnify and hold harmless (without limit as to amount) the City of Carlsbad and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees") , and any of them, from and again.st all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgements and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to this Agreement, and to protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addresses set forth below: TO THE CITY OF CARLSBAD: City of Carlsbad Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, CA 92008-2389 TO THE DEVELOPER: TRC Development Corporation 26440 La Alemeda, Suite 370 Mission Viejo, California 92691 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. INTEGRATED AGREEMENT. This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT. This Agreement shall terminate and become null and void when the City has received the payment described in Paragraph 1, except as to the indemnity and hold harmless provisions setforth in Paragraph 4. 8. SEVERABILITY. In the event any limitation, condition, restriction,.' covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. DEVELOPER CITY OF CARLSBAD TRC Development Corporation A Municipal Corporation By: By: Signature MARTIN ORENYAK Community Development Dir APPROVED AS TO FORM: Print Name RONALD R. BALL Title: City Attorney EXHIBIT "Ar PROPERTY DESCRIPTION Lot 518, 519, 520, 521 of La Costa Meadows Unit No. 3 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 7076, filed in the office of the County Recorder of San Diego, October 6, 1971. -via- CITY OF CARLSBAD Development Coordinating Committee September 8,1997 Changes to Conditions of Approval for CT 97-08/PTJD 97-05 MARVISTA AT LA COSTA To Planning Commission Resolution 4175, ADD Conditions (and adjust existing numbers accordingly): 15. Due to the length of the driveway aprons associated with Lots 3, 4, 6, 10, 14, and 15, the CC&Rs shall prohibit the parking of all vehicles on these driveway aprons. This limitation does not pertain to the remaining lots of the project, where driveway aprons equal or exceed 20 feet in length. 23. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. To Planning Commission Resolution 4175, MODIFY Condition (add boldface): 12. The Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final parcel map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. Said CC&Rs may not be amended without the amendment being submitted to and approved by both the Planning Director and the City Attorney. At a minimum, the CC&Rs shall contain the following provisions: [continue balance of condition unchanged] 35. If a soils engineer does not approve, in writing, the proposed lot drainage, rRain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. To Planning Commission Resolution 4175, DELETE Conditions (and adjust existing numbers accordingly): 19. Prior to occupancy of any units, the Developer shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. 21. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 58. The Developer shall give all notices of the condominium conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. Dennis A. Turner Principal Planner Distribution: Scott Redsun Ken Quon File Secretary