HomeMy WebLinkAbout1973-05-25; City Council; 2063; Request for approval of final E.I.RCiTY OF CARLSBAD, CAL!r"RNIA ._ ' /
Agenda Bill XQ<&2toJ$ Date Hay 25, 1973
Referred Jo: CITY COUNCIL .. _ ..
Subject: Request for approval of Final E.J.R., Specific Submitted By:
Plan and Tentative Map .(SP-112 & CT 73-10) filed by LA COSTA
LAND CO. for development of 97-lot single-family subdivision on ' PLANNING
property east of Alga Rd. bet. Babilonia and Alfil Way, to be mMMiccrnMknown as LA COSTA ESTATES NORTH. ; : COMMISSION
* Statement of the Matter
At the regular meeting of May 22, 1973 the Planning Commission did hear a request >
filed by LA COSTA LAND COMPANY for approval of a Specific Plan No. 112 and Tentative
Map CT 73-10, on .their property located on the east side of Alga Road between Babilonia
and Alfil Way, to allow for a 97 lot, single-family subdivision to be called LA COSTA
ESTATES NORTH. At this duly advertised meeting the Planning Commission did accept
the Final Environmental Impact Report as presented.
At this meeting the Planning Commission did adopt Resolution 906 approving the
Specific Plan for this property, and Resolution No. 907 approving the Tentative
Map, subject to those conditions stated in staff report of May 22, 1973, and contained
in said Resolutions.
EjchlbTt
1. ApplicationyCertification of Ownership for Specific Plan and Tentative Map.
2. Staff Report dated May 22, 1973, with attachments. (E.I.R., Spec. Plan & Tent.Map Rpt)
3. 2 location maps (8-1/2 X 11")
4. Preliminary E.I.R. prepared by Rick Engineering
5. Revised Exhibit "A", (Map)
6. Planning Commission Resolution Nos. 906 (SP-112) and 907 (CT 73-10)7. City Council Resolutions Nos^/^/and '3'/A~%_. •
Staff Recommendations
Staff recommends approval as per conditions and recommendations set out in staff
report of May 22, 1973-.
AB Wo. " Pate: May 25, 1973
City Manager's Recommendation
Concur with recommendation of Planning Commission. The tentative
Map conditions in:Resolution No. 907 should be revised to include:
22. • Lots *87. through 95 shall be 'deleted and the property
designated "school site". - .
•6-28-73 It is recommended that this matter be tabled until .such
time as sewer service, park sites and school sites requirements
have been satisfied. - ... -
Counci1'Action
6-19^73 Following discussion by the Council, it was 'moved the matter be
continued to July 3, 1973, .and the staff was directed to resolve
areasofconflict.
7-3-73 The Council accepted the Final EIR and Resolution #3151 announcing
findings re Specific Plan was adopted. Also adopted was Resolution
-#3152 approving the Tentative Map.
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CITY OF CARLSBAD
PLANNING DEPARTMENT
ANALYSIS FOR
MAY 22, 1973
TO: PLANNING COMMISSION
REPORT ON: CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT
CONSIDERATION OF SPECIFIC PLAN
CONSIDERATION OF TENTATIVE MAP
CASE NOS: E.I.S. No. 149
SP-112
CT 73-10
BY: RICK ENGINEERING CO., 509 ELM AVENUE, CARLSBAD, FOR
LA COSTA LAND COMPANY.
I. GENERAL INFORMATION
A- Request: That the Planning Commission approve an E.I.R., a specific
plan and a tentative map, for a 97 lot single-family lot subdivision known as the
La Costa Estates North, on portions of Sections 25 and 36, Township 12, South Range
4 West, and portions of Section 30, Township 12, South, Range 3 West, San Bernardino
Meridian in the City of Carlsbad. A'recent plan revision has reduced the total
acreage to 136 acres.
B. General Background: The subject property containing approximately
136 acres is located at the southeast corner of the intersection of Alga Road and
the 200' wide San Diego Gas and Electric Co. easement. Said property is located
northerly of the proposed intersection of Alicante Road and Alifil Way, and extends
northerly to within approximately 300 ft. of the intersection of Babilonia Street
and El Fuerte Street (extended). The property is bounded on the east by San Marcos
Creek Canyon.
The.property is within the area covered by the La Costa Master Development
Plan as approved by Planning Commission Resolution Mo. '808 dated July 25, 1972, and
by City Council Resolution No. 2058 dated August 15, 1972, and Ordinance No. 9322
dated September 5, 1972.
C. Zoning and General Plan:
1. Zoning Existing: P-C (3.5 d.,u./acre).
Proposed: P-C (approved SP & TM at 0.68 d.u./acre).
Adjacent: North - R-l-15,000
East - P-C
South - RD-M
West - RD-M
2- General Plan: The La Costa Master Plan indicates the area to be
potential low-density residential with approx. 3.5 d.u./acre.
D. Public Notification: The required public notices have been published
and mailed regarding these items.
II. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT NO. 149
A. Summary: The draft E.I.R. was accepted by the Staff on April 2, 1973.
In that the subject property is virtually surrounded by existing or pending de-
velopment with La Costa Meadows Unit No. 4 to the north, Carlsbad Tract 72-25 to
the south and Alicante Hills Tract to the south and west, staff has generally
limited its concern to the following:
1. The impact of the development in terms of grading and drainage.
2. The impact of the development on the San Marcos Creek Canyon open
space element and to a lesser degree, the two utility easements which
dissect the property. Staff is of the opinion that measures should be
considered to mitigate these concerns and specific controls are dis-
cussed in the body of this consideration and are outlined in the con-
sideration of the Specific Plan and Tentative Map.
Generally the report fails to adequately express in very precise
and measurable terms the effect of the development on the environment.
Except for the effects of the grading and drainage this weakness can be
somewhat overlooked due to the type and location of the development. In
addition,the Environmental survey report on La Costa which was submitted
recently to staff, helps to further express the detailed information
needed to conceptualize the Environmental Impact of any of the proposed
development of the La Costa Area.
In terms of perspective, the impact of a 0.5 acre minimum de-
velopment with a total of 136 acres on the environment, when it is a
part of a total 2900 acre development, could be considered insignificant.
However, if the perspective is limited to the actual site, due to
topography and the sites' proximity to the San Marcos Creek Canyon,
- the effect of the development on the environment is more significent.
B. Acceptability of Draft Report: The draft report titled "Environmental
Impact Report - La Costa Estates North", proposed by La Costa Land Company, and
prepared by Rick Engineering Company, was accepted by the Planning Director as the
preliminary E.I.R. This report was forwarded to the following agencies for comment;
1. San Diego Regional Water Quality Control Board
2. I.R.E.M.
3. Comprehensive Planning Organisation
4. San Diego Ecology Center
5. San Diego Co. Sanitation and Flood Control
6. San Diego Coast Regional Commission
7. Corp of Engineers - L.A. District.
At this writing, no written response has been received. Any late responses
will be included in the mailing.
C. FINAL ENVIRONMENTAL IMPACT REPORT:
1. Project Description: The background information and the information
found in the draft E.I.R. on pages 1-4 provides an adequate description of the
project,except the total of the project has been reduced to 136 acres with 92
single-family units, for a density of 0.68 dwelling units per acre.
The inclusion of a copy of the reduced specific development plan would have more
effectively shown the proposed development. All future E.I.R's will be required
to include such a plan. A specific indication of the method of grading proposed
and a map showing proposed individual lot pads would have been beneficial to
further define the proposed project. Finally, an estimation of a typical lot
development may have been appropriate to assist in describing the project. However,
-due to the sites'location and size, these concerns are not as important as they
may be on other projects.
2. Environmental Setting Without the Project: The information contained
in the draft E.I.R. on pages 5-9 provides an adequate description of the existing
environmental setting for purposes of this report. However, on page 6, para. 2,
first sentence, the word "west" should be "east". In addition, the report entitled
"La Costa Environmental Survey" which is being mailed, does provide additional
information.
3. Identify Environmental Impacts: The draft E.I.R. on pages 9-15 adequately
identifies the basic environmental impacts of the project. However, some emphasis
should have been placed upon the scio-economic impact of the project on the community
in terms of service drain and potential long-term problem areas such as open
space maintenance districts. In that the site is located within a developed area
these concerns may be less of a problem.
4. Adverse Environmental Effects Which Cannot Be Avoided: The description
on pages 16-17 of both the adverse and beneficial impacts are adequate, except
increased water run-off should be added to the list of adverse effects.
5. Mitigating Measures Proposed: Measures as outlined on pages 18-19
of the draft E.I.R. are adequate. However, the requirement of special setbacks
and building heights along San Marcos Creek Canyon and the utility easements should
be included as a mitigating measure. • .
6. Alternatives To The Proposed Action: Alternatives as outlined on
pages 20-21 of the draft E.I.R. are adequate, however, an additional alternative
should be included which is to go to larger lots (1 acre min.)in problem (grade-wise)
areas of the development, and to increase the open-space elements along San Marcos
Creek Canyon, the utility easements and those areas indicated as open-space
easements on the Specific Plan. This would lessen the impact of the development
visually and would have less of an impact in areas of unstable slopes and natural
open areas.
7. The relationship between the local short-term uses of man's environment
and the maintenance and enhancement of long-term Environmental Productivity.
The discussion of this relationship as described on page 22 of the
draft E.I.R. is adequate.
8. Any Irreversible Environmental Changes Which Would Be involved in Proposed
Action Should it be implemented.
The description of the changes outlined on Page 23 of the draft E.I.R.
is adequate.
9. The Growth Inducing Impacts of the Proposed Activity upon the neighbor-
hood and/or Community.
In that the proposed project is located in an area of substantial de-
velopment and within a total project of even greater growth potential, staff
believes that the growth inducing impacts have already occurred and the individual
impacts of this project, on its face, would be considered insignificant.
10. The Boundaries of the area Which May be Significantly Affected by the
Proposed Activity.
The boundaries of the area affected as described in the draft E.I.R.
are not adequate. Measurable effects of a 92 unit subdivision can be felt
regionally and nationally in terms of physical, governmental, socially, etc.
factors. However, for the purposes of this report, the affects in their proper
perspective can be limited to the specific affects outlined in the total draft
E.I.R. To describe the total affects would require an accumulative E.I.R. for an
area which goes far beyond even the La Costa development. Such an E.I.R., due
to time constraints and previous land use commitments, would be better addressed
as a part of the pending General Plan update process.
D. STAFF RECOMMENDATION ON THE ENVIRONMENTAL IMPACT REPORT:
That the Planning Commission recommend to the City Council that the Final
E.I.R. BE APPROVED to include the following:
1. The draft E.I.R.
2. Staff's comments as outlined herein.
3. Any response received from those agencies notified.
4. Any public input received as a part of the public hearings held
regarding this E.I.R.
Justification is based upon:
1. These materials do adequately express the total affect of the
proposed project on the environment.
III. CONSIDERATION OF SPECIFIC PLAN NO. SP-112
A. Description of Project
The applicant proposes to develop the subject property into a 97 lot
subdivision of which 92 lots will be sold for single family development. The
reamining five lots are indicated to be utility easements. In addition, lots
87 thru 95 are indicated to be reserved for a possible school site.
The individual lots are indicated to be a minimum of 0.5 acres in size.
A sample of the proposed deed restrictions, shown as Exhibit B, have been included
for your review. The access to the individual lots will be by local streets
which will extend from the two main entrance streets, which will be Alicante Road
which becomes El Fuerte Street and Candil Way.
The applicant is proposing some open-space easements which are to be
maintained by means of a maintenance district. This procedure may not be
acceptable to the Engineering Department.
B. Staff Recommendation
That the Planning Commission recommend to the City Council that the
Specific Plan BE APPROVED. Justification is based upon:
1. Conformance of the plan to the General Plan Committment and La Costa
Master Plan in terms of density and type of development.
2. Conformance of plan to Zoning Ordinance considerations for property
located in the P-C Zone.
3. The size and location of the subject property is considered to be
sufficient for the proposed development.
C. CONDITIONS OF APPROVAL: Any approval should be subject to following conditioi
1. The approval of a Specific Plan is granted for the land as described
in the application and any attachments thereto, and as shown on the plot plan
submitted labeled Exhibit A revised. The location of all buildings, fences, signs,
roadways, parking areas, landscaping, and other facilities or features shall be
located substantially as shown on the plot plan labeled Exhibit A Revised, except
or unless indicated otherwise herein.
2. All requirements of any law, ordinance or regulation of the State of
California, City of Carlsbad, and any other governmental entity shall be complied
with.
3. No signs or advertising of any type whatsoever shall be erected or
installed until plans therefore have been approved by the City of Carlsbad.
4. Prior to obtaining a building permit and within 30 days hereof, the
applicant shall file with the Secretary of the Planning Commission written
acceptance of the conditions stated herein.
5. Compliance with and execution of all conditions listed hereon shall
be necessary prior to obtaining final building inspection clearance. Deviation
from this requirement shall be permitted only by written consent of the Planning
Director.
6. Prior to the issuance of any permits, the applicant shall enter
into a mutually acceptable agreement with the Richmar Union School District
to provide for future school requirements that will result from the proposed
development. .---.'.•
7. All utilities, including electrical, telephone and television, shall
be installed underground and/or shall be completely concealed from view.
8. None of the 97 lots shall be resubdivided to smaller lots than
those approved in this application. The approved lots shall only be used for
single-family purposes.
9. Any construction on these individual lots shall conform to all
ordinance requirements for the R-l zones as outlined in Chapter 21.10, except
that the 66-2/3% of the total lot area shall remain in open space. Also, no
structures on lots abutting San Marcos Creek Canyon, the utility easements and
indicated open areas"shall be located less than 20 ft. from the common property-
lines with the indicated areas.
IV. CONSIDERATION OF TENTATIVE MAP PLAN NO. CT 73-10
A. Staff Recommendation: Except for the proposed maintenance district, that
the Tentative Map as submitted BE APPROVED and that the Planning Commission
recommend approval to the City Council, subject to the following conditions:
1. The recorded restrictions for the subdivision shall include the minimum
lot size and width requirements, evidence of which shall be submitted to the City
Planning Director prior to approval of the Final Map.
2. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all the
requirements, limitations and restrictions of all municipal ordinances and State
and Federal statutes now in force, or which, hereafter, may be in force, for the
purpose of preserving the residential characteristics of adjacent properties.
3. The C. C. & R's for this development shall be submitted^to the Planning
Director for review and approval .prior to issuance'of any building permits.
4. Park-In-Lieu fees shall be granted to the City prior to recording the
Final Map.
5. Prior to the issuance of any permits, the applicant shall enter into a mutually
acceptable agreement with the Richmar Union School District to provide for future
school requirements that will result from the proposed development.
6. On-site fire hydrants and fire protection appurtenances shall be constructed
in accordance with Fire Department requirements.
7. In order to provide for reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all buildings
and adequate fire hydrants with required fire flows shall be installed as re-
commended by the Fire Department.
8. All public improvements shall be made in conformity to the City of Carlsbad
Engineering Design Criteria and Standard Plans, the subdivision Ordinance and other
City Standards, to the satisfaction of the City Engineer, without cost to the
City of Carlsbad, and free of all liens and encumbrances, improvement plans for
water and sewer system shall meet the requirements of the respective service
districts.
9. Ornamental street lighting shall be provided for as required by Municipal
Ordinance Code. The Developer shall post a bond in the amount necessary to
energize said street lights for an eighteen month period after construction to
permit the incorporation of the subdivision into a maintenance district.
10. Complete plans and specifications shall be submitted as required for
checking and approval, before construction of any improvements is commenced.
The subdivider shall submit the original drawings revised to reflect as-built
conditions prior to acceptance of the subdivision improvements by the City.
11. All land and/or easements required by this Ordinance shall be granted to
the City of Carlsbad without cost to the City, and free of all liens and
encumbrances.
12. All private facilities provided to adequately control drainage on the subject
property shall be maintained by the property owner(s) in perpetuity.
13. Street names shall be subject to approval and shall be designated in
accordance with the standards and policies adopted by the Planning Commission on
file in the Planning Department. Said names shall be approved by the Planning
Director prior to the recordation of the Final Map.
14. All domestic water shall be supplied this development by the Carlsbad
Municipal Water District.
15. The Carlsbad Municipal Water District will require that pressure reducing
stations be installed with this subdivision.
16. This subdivision will be required to install a 16" water main along with
the normal water distribution system for a subdivision of this character.
17. The developer v/ill be required to submit calculations verifying the
sizes of the water main throughout the entire subdivision.
18. The Carlsbad Municipal Water District may require some off-site
water main to be constructed as a part of this unit. The size and location
must be determined by a study prior to approval of the improvement plans by
the Carlsbad Municipal Water District.
19. Prior to any construction, the applicant shall submit plans to the
appropriate entity providing domestic water to the proposed development for its
approval of the location, type and adequacy of water lines and to this Fire
Department for approval of the location of fire hydrants.
20. This development shall be sewered by Leucadia County Water District.
21. Slopes and open-space easement as indicated on the map shall not be
considered for a city maintenance district at this time.
V. ATTACHED MATERIALS.
In addition to the area maps and E.I.R., please find the following attached:
1. A copy of a letter from J. R. Pierce of Woodside/Kubota & Associates, Inc.
representing C.M.W.D.
2. A copy of memo from P. Duvel representing L.C.W.D.
3. A copy of sample C.C. & R's
PAUL A. WILLIAMS,
Associate Planner
WOODSIDE/KUBOTA & ASSOCIATES, »NC.
CONSULTING
Lo
ENOINBSRa
2965 Roosevelt St. • P.O. Box 1095 • Carlsbad, California 92008 « (714) 729-1194
RECEIVED,
APR 1 6 1973 .
CITY OF CARLSBAD.
Rlanning Department
April 16, 1973
Mr. Donald A. Agatep
Director of Planning
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Subject: Tentative Map No. 73-10
La Costa Estates North
Carlsbad Municipal Water District
Dear Mr. Agatep:
This office has reviewed the subject tentative map and has the
following comments:
1. The subject map is within the retail service area of the
Carlsbad Municipal Water District.
2. The Carlsbad Municipal Water District will require that
pressure reducing stations be installed with this subdivision.
3. This subdivision will be required to install a 16" water
main along with the normal water distribution system for a
subdivision of this character.
4. The developer will be required to submit calculations
verifying the sizes of the water main throughout the entire
subdivision.
5. The Carlsbad Municipal Water District may require some off-
site water main to be constructed as a part of this unit.
The size and location must be determined by a study prior
to approval of the improvement plans by the Carlsbad Municipal
Water District.
If you have any questions or require additional information con-
cerning this project please contact this office.
Very tr,uly yours ,
cc: Carlsbad Municipal
"John R. Pierce,
Project Engineer
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from
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When Recorded Mail To:
Lo Cojlo. Lond Company
Costa Del Mar Rood
Roncho Lo Cono, CA 920C3
Ann: Burton L. Kramer
• Space alow for Recorder's Use
X .f /f/r\ V C—- .-u£>..;,,- siliil-"ill • -j»< iT/t—xl 1 \ .«c«:fS-&&tc,
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DKCLARATIOX AXD t-!STl\nWSl:\:KXT OF
Lots 5:!5 through
1.3 Costn Mcr.qbw.s ("nit No.
;OX ANDJ-JST^BLISyMEXT OF PROTECTIVE
CONDITIONS ^*fO_i'U-:ST^ICTIONS. n\dJ^ii.s 20:h day of July. 1072, by
LA COSTAJC.A^[?rCOMr'A.NV, JTn Hiinols corporation, duly qualified and
authorized tfc trjtgdct bu5iryyi|> in the Stlfte of Caluornia. hereinafter
an Digjjo Co
[ WH^REAS/nbeclarant is the owner of a certain tract of land
•f, Califorria, more particularly described as follows;
Lots 535 through 749, inclusive, of La ; :" -"'
Costa Meadows Unit No. 4. according
to'Map No, 73B7, filed in :hc Oifice of • '".'•-'
the County Recorder of San Diego County, .".:
California, July 19, 1072, ar.d filed aa
Document No. 136918. . -.' ''.
in- -[ »"fv
and
WHEREAS, it Is the desire ar.J intention of Declarant to sell
property above described, and to impose upon it mutual beneficial restric-
tions for the benefit of all the land in that tract and the future owners of
those lands. • . — . ' " . • : ..,..'••• '*
the
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NOW. THEREFORE, know all men by these presents;
Declarant hereby declares that said lota, all parcels and
portions of said La Costa Meadows Unit No. 4. are held, and shall be held,
' transferred, hypothecated, sold, conveyed and encumbered, leased, rented,
used, occupied and improved, subject to the covenants, conditions,
restrictions, reservations, conditions subsequent to reversion, and charges
as follows, all of which are declared and agreed to be in furtherance of a
plan for the subdivision. Improvement and sale of aaid land and every part
thereof. All of the limitations, restrictions, conait-.ons and covenants shall
run with the land and shall be binding upon all parties having or acquiring
any right, title or interest in the described land or any part thereof.
ARTICLE I '
SVRJKCT TO THIS DECLARATION
The property subject to this Declaration is known as La Costa
Meadows Unit No. 4., and is mcvre particularly described as;
• - Lots 585 through 7-13, inclusive of La ; •
Costa Moado'.vs L'nit No. 4, accorc:r,(;
to Map No. 73G7, filed in the Office of .
the Coun'.y rtt-corJcr of .San Diejjo County.
California, July 19. 1972, and filed aj. ". .-«..»,.;••..- ;
----- ..- ;•:'"•• "-- • Document No.'185 918. -.-.,"•
. ARTICLE II " - '.-'..---
DKFINTTIOX OFTEHMa ' . .- . .-
1. "Lot" means one of the numbered parcels of real property,
as shown on the map hcrcinabove referred to or any parcel or parcels into *
which said property is split or shall be subdivided. -
2. "Said Property" means the property described In Article
I, unless the context and circumstances otherwise require. • . •
3. "Set back" means the minimum distance between the
dwelling building or other structure referred to and a given street or line.
4. "Building Site" means a single lot 03 shown on said Map,
or as shown on any future final aubdiviaion map, or as shown on a parcel ''-'it
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consisting of contiguous portions of any two or more contiguous lota, or
all of one lot and parts of ono or more lots and adjacent thereto; any such
building site, however, is subject to the prior written approval of the
Architectural Committee. . - - . " '
5. "Street" means any Ktreet; highway or oilier thoroughfare
shown on said map. whether designated thereon as street, avenue, boulevard,
place, drive, road, terrace, way. lane, circle or otherwise.
6. "H-1B Lots" are those lots described above as Lots 590
through 655. inclusive.
7. "R-2 Lots" are those lota described above as Lotd 535
through 5G9, inclusive.
8. "E-l -A Lots" are those lots described above as Lots
656 through 7-J7, inclusive.
AKT1CLE HI
VSF. OK r'ftOPKKTY . • - :
1. No part of said property or any part thereof shall be sub-
.divided, laid out or improved by buildings, or structures, or its physical
contours altered or changed, except with the approval of the Declarant
with the written advice of the Architectural Committee, so as to insure a
uniform and reasonably high standard of artistic result and attractiveness,
in exterior and physical appearance of said property and improvements.
. • •-''". 2. Said lots or parcels shall not be subdivided or split into . .
lots of a lessor size than the size of the original lots or parcels without the
written consent of .Declarant and the written advice of the Architectural '
Committee first had and obtained.
3. Except for Lots 748 and 7-19, said property .shall be used
• • for residential purposes only, and no building shall be erected, constructed, •
altered or maintained on said lots or any part thereof, other than a dwelling
for a single fa.-niiy (including guests and household servants^ with customary'
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CC&R '<S9 - 8/8/72 1532
and suitable outbuildings as permitted by law and the Architectural
Committee, except as to "R-2 Lots", multiple single family dwelling •
. units with customary nnd suitable, outbuildings as permitted by law and iho
.Architectural Committee may be allowed, provided, that no such R-2 Lot ^
shall be occupied by more than one dwelling unit per 3,000 square feet.
4. No horses, cattle, cows, goats, sheep, rabbits, hares,
reptiles, or other animals, pigeons, pheasar.Ls, game birds, or game or .
other birds, fowl or poultry shall be raised, kept or permitted upon £aid
property or any part thereof, except that dogs and cats and other household
pots may be kept, provided that they are not kept, bred or raised for com-
mercial purposes or in unreasonable quantities, and provided that they do
not become a nuisance to the owners of, or occupants of said property, ar»d
that although horses may not be kopt, stabled or maintained, they may be
permitted on Iho premises, provided, however, horses may be kept, stabled
and maintained on "E-l-A Lots", not to exceed one horse per one-half
acre and provided, further, that any owner of said lot build and maintain
suitable and sanitary stable facilities which shall be subject to the approval . '. ••
of the Architectural Committee.. .Said ArchitecXural Committee- shall not •—^.—,.U
approve the keeping of such horses in the event it determines that because
of the topography of the lot, or the proximity of such facilities to other ..
dwellings or streets, or any other reasonable grounds such use would be -
inappropriate or cause a nuisance to exist. - ' / , • ;
5. No part of said property shall be used for the purpose of ~ :.
drilling thereon for, or producing therefrom, water, oil, £as or any mineral
substance. Declarant hereby reserves all crude oil, petroleum, gas, brea,
asphaltum and all kindred substances and other minerals under and in said
land.. ' ' ' . ' -'.'/•••• '"" : •'"'•'•' "-'••• • ;-= -.••.'-ivv-;--
. ' 6. No noxioua or offensive trade or activity shall be carried . . ..
' on upon said property or any part thereof, nor shall anything bt> done or main,- . •- .-...--•- ^- „'. T- . ' --;.-*• w-••»- •" - f •'< fcf- ..-" .V. ",^v-tr.j.-«*5-*-.''V
talncd thereon which may b« or become an annoyance or nuisance to the " - -
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CC£J? '489 - 8/8/72 15:33
neighborhood.
7. No television antenna or antennae or unsightly objects,
poles or wires shall be permitted on the outside or roof of any dwelling or
other building; _and, in the case of television antennae, the owner of the
property may, at his option, hook on to the underground television an:er.na
«ystem which Declarant may cause to ba installed.
6. Said real property and the building sites included therein
arc subject to such easements and rights-of-way for erecting, constructing,
maintaining and operating public sewers, and poles, ivirt-s and conduits
for lighting, heating, power, telephone, cable television and any other
method of conducting and performing any public or quasi-public untility
service or function benrnth the surface of the ground, such casements and
rights-o.'-way arc more particularly sol forth in said map, or otherwise
of record.
3. Declarant hereby reserves the right to make any and all cuts
and fills on said property owned by it a.-.d on the building sites included
therein, and »o do such grading as in its judgment may be necessary to . ..-^.^
grade streets-and building sites designated or delineated upon uaid map of
fiaid property or any part thereof, . • . . • •
7
10. No znaiibox detached from the dwelling structure, which
it is intended to serve, shall be installed of maintained unless its proposed
size, shape, color and design and location is first approved by the
Architectural Committee. . • - .
11. No utility area or drying yard shall be constructed or •'
maintained on-the property unless a plan therefor shall be first submitted
to the Architectural Committee, and the latter shall determine that such plan • -•
appropriately provides for screening said area or yard from exterior view.
12. f.'o residential buildings whall be constructed or maintained
• on (he property without BuitabJ* carport'Or garage ana" off-street parking
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!J CCtR '4S9 - 8/8/72 1534
spaces. Che size, location, color and design of which shall first be . •
approved by the Architectural Committee. In any event, each dwelling
building shall be provided with a minimum of permanently maintained off-
street parking spaces in a. parking area or private garages of tv/o (2) parkins
spaces fur each dwelling unit, one of which shall be in a covered carport
or garage. . . .
13. Xo water softener shall be installed or maintained for use
in connection with any building on the property which discharges effluent
brine into the sewage system of the property, and unless it is appropriately
screened from exterior view. The type of water softener and a plan for its
screening shall first be approved by said Architectural Committee before
its installation.
14. I?oofs shall be of tile, shingles or shakes or other matter,
of a color and type approved by the Architectural Committee, provided,
however, rock roofs shall not be.allowed. • • . . • •
ARTICLE IV . - "•
CHARACTER nr Hf
" . 1. No residential buildinj may be erected or maintained on
any of said property except single family dwellings, with private appur-
tenant garages'and customary outbuildings. No building shall exceed more
than two stories in height or thirty-five feet In height, whichever is less. " -".
except as to slope lots the Architectural Committee may waive said require-
ments. •'.."••.
- 2. No trailer, ouiriouse, garage, shed, lent, or any tem-
porary buildings of any kind shall be erected or maintained on any lot or
building site prior to the erection of the principal dwelling building thereon,
provided, however, that the conditions heroin contained shall r.ot b* construed
to prevent the temporary construction and maintenance by Declarant or
its agent of buildi/igs or improvements on said property'deemed'necessary
or convenient In the development of the subdivision, provided, however, the. .
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CC&R >439 - 8/8/72 15IJ5
Architectural Committee may grant temporary revocable permits for the
construction and maintenance of temporary construction sheds or like
• - " .
improvements necessary In the construction of improvements on safd
• ' '••-•'..prope rty.
3. The work of constructing any residence or building shall
be prosecuted diligently and continuously from the commencement thereof
• • ' • ' '
until the same ia completed. All structures shall be suitably painted. ". •"'
• colored or stained i.-rimediately upon completion.
•I. No single family dwelling shall be erected, except on
odd anJ irrc^uljr-3li.\ped lots, which shall have a floor square foot area.
exclusive of porches and garages of less than 2000 square feet as to any
R-l-n Lot. 2250 square feet as to any E-l-A Lot, or 1500 square feet as . '
to any R-2 lot without the prior written permission of the Architectural
Committee. No dwelling unit of any residential buildirig containing more than
one single family dwelling unit shall be erected, converted or constructed
on said property which shall have a floor square foot area, exclusive of
porches and garages of less thin 1000 square feet without the prior written
permission of the Architectural Committee, . . ...... :'•... .->:
. 5. No building erected or constructed elsewhere shall be
moved onto any lot or building site without the prior written approval of the •
Architectural Committee. ' . ... . - •
' '• • ' 6. No living trailer, house car or "campater". boat or boat -
trailer shall be parked on any road or building site either temporarily or , .
permanently, or shall any such motor vehicle not capable of being operated
be parked for longer. than forty-eight (48) hours outsido of a garage on any .,
Etrcet, lot or building site. Other than customary maintenance work and
minor emergency repairs, there shall be-no painting, repairing or mechanical'
work done on any motor vehicle on any street, residential lot or huilduig site.
7. Declarant shall have the right at all times to eriier on or
' ' upon any lot or buildinj site tnat la vacant or unplanted or untenanted by the • "•
'- ' .1 t-jowners thereof or the slope portion thereof at any time after reasonable ! *i •-••' . ..•••• ' • V •-•<>•., • -.•-•. . »...... , . .. . ' ) ro»' ' .--••.• . - . - - • . -tr'•• :. • .- '.,.-. • 3I&
_...
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CC&R '459 - 8/3/72 1536
\ f
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notice to the owners thereof, and to plant or replant, trim, cut back,
remove., replace and/or maintain hedges, trees, shrubs or flowers on the area
within twenty-five (23) feet of any front or rear or side line thereof, and/or
to keep cultivated and/or remove plants on any portion ot any lot or
building sites of said property,, and Declarant, or any officer or agent thereof,
shali not thereby be deemed guilty of any nianner of trespass. Except as
. to the slope portion thereof when the owner of a parcel or lot so planted • "" _••
or maintained by Declarant shall give written notice to Declarant of his
intentions to improve the same within thirty (30) days, Declar.ar.t may, within
'hirty (30) days, and thereafter until work on said improvements is com-
menced, transplant, remove or dispose of any or all of the plainting which
may have been made by it.
ARTICLE V
FENCES
1. No fence, wall, hedge or coping shall be erected nearer
the front lot line than the front line of any dwelling which shall have a
greater height than six (6) feet above the finished graded surface of the
'-'ground upon which it i3 located.' .-' '': . -.-•.-»-•..-. -•:— ->-.~ *«-~-.-»-.-.y.
2. All fences from the standpoint of construction, style, '••
material, color and view shall be subject to the prior written approval of the
t.. Architectural Committee. Because of the topography of the land, such
matters as the obstruction of the view, elevation, height, architectural
style and materials are of importance to all of the prospective owners of
lots in the subdivision, and therefore, for the protection of all owners, the
prior written consent of the Architectur.il Committee la required. . .' • ".;' •
ARTICLE VI~ ' - • . . '
SETBACKS " " "•*''" ' '--..' •'-.':-**~-
1. As to any R-113 lot. 110 building within said tract, except
:„•-. detached garages or other.-oulbuUdinga located ax.tbd reir of the.main
building, shall be located nearer than a distance equal to'ten percent (10%)
ft
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CCA* '439 - 8/8/72
of the available width of the lot to any side lot line, or a minimum of ton
percent (10%) of said average width from the toe of the slope, of ore exists,
and provided the slope is no greater than two to one.
2. As to any E-l -A Lot, no building within said tract, except
detached garages or other outbuildings (not including stables), located at
the rear of the main building, dhail be located nearer than forty feet (40')
from the rear lot line, nor ten fevt (10') from any sic.'c lot line ror fifty feet
(50') from the center jine of the street upon which the building site fronts.
3. None of Ihe setback lines referred to in this article
Khali apply to open porches, caves, bay ivindo»vi, steps, chimneys, porte-
cocheres, gates, or gateposts, which, however, with the exception of
portc-cocliores, gates and gateposts shall in r,o event extend more than
eighteen i"13) inched into the side setbacks referred to ir. :his article. The
Architectural Committee may grant exceptions and variations frora the pro-
visions of this article. • . • • .
ARTICLE Vll • .
SIGNS AXD A
1. 2fo signs or other adverrising device of any character •'.
shall be erected or maintained .upon any part of said property, except that .
(a) on any one lot or building site one si^n, not larger than eighteen (18)
. inches by twenty-four (24} inches, advertising the property for sale or rent,
may be erected and mauitain<-'d; (b) Declarant or its agents may erect and
maintain on said property such signs and other advertising devices as it
may deem necessary or proper In connection with the conduct of its opera-
tions for the development, improvement, subdivision or sale of said property.
2, As to any H-2 Lot or Loin, wherein in order to sell any
Interests therein, the owner must secure from the California Division of
• Real Estate a subdivision report, the owner or itu agents shall submit to
J' "Declarant for Its' written approval all advertising material including
brochure;!,' radio or TV acripta. If the Declarant shall not have given •- A.
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•, CCiR '489 - 8/8/72 1538
written notice of disapproval of such advertising by certified mail within
ten (10) days of receipt thereof such advertising material, etc., shall be
deemed approved. Declarant shall not unreasonably withhold such approval. ; ' .
ARTICLE V(H
AT'PKOVAI. OF Pf.AX.S
- -1. No building, fence, wall, pole or other structure shall be
erected, constructed, altered or maintained upon any portion of said property,
unless a complete set of jilans and specifications therefor, including the
exterior color scheme with a block plan indicating the exact location on the •
building site and a complete- landscaping plan, shall have been submitted to-
and approved in writing by the Architectural Committee as hereinafter set
forth, nor shall ar.y building erected or constructed elsewhere be moved
onto any building site without the consent specified by Paragraph 5 of Article
IV. The approval of said plans and specifications may be withheld not only
because of their noncompliance with any of the specific conditions and
restrictions contained in this and other clauses hereof, but also by reason of '
. the dissatisfaction of the Architectural Committee with the style, design.." ' " ."".'
appearance or location of the proposed structure or structures, or land-
scaping. At the time the building plans and specifications shall be submitted
to the Architectural Committee for its approval, the applicant shall pay •..t— '
a filing fee of Fifty Dollars (350. 00) for each plan submitted for each fl-1 -B •' *
dwelling, and One Hundred Dollars ($100. 00) for each R-2 building, plus ..'" ' . -
Three Dollars ($3.00) for each living unit in said n-3 building in excess of
•' .. two, there shall be no additional fee payable in the event the building shall '.' _ .
occupy more than one lot. ' . ' .
2. The written approval of the Architectural Committee may
be recorded In the Office of the County Recorder of San Diego County,' and •
shall be conclusive evidence of such, approval. • • •- ..-•. "" •'5^'**V-r''-s.iiJ*f'i*'i!Y .-*'••
3. The approval of the Architectural Committee of any plans
or specifications submitted for approval, aa herein specified, ahall ti6t bv * " - ,.'. ' ' ' ...'". -»^
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CC&S '48? - 8/8/72 15.39
deemed to be a waiver by the .Architectural Committee of its right.to object
to any of Ihe features or elements embodied in any subsequent plans or
specifications submitted for approval aa herein provided, for use on any
other building site, nor shall such approval be construed as in any manner
modifying, altering or waiving any of the conditions or red frictions set out
herein as to location or otherwise. __ . ,-. -_ • .
4. If after such plans and specifications have been approved,
the building, wall, fence, or other structures shall be altered, erected or
maintained upon the building site otherwise than as approved by the
Architectural Committee, such alteration, erection ami maintenance shall
be deemed to hive boon undertaken without the approval of the Architectural
Committee ever havin; boon obtained as required by this Declaration.
5. Any agent or any member of ilie Architectural Committee
may from lime to time at any reasonable hour or hours enter and inspect" ' .
any property subject to the jurisdiction-of the Architectural Committee as to
its rnaintcn.-vnce or Improvements in compliance with, the provision hereof;
and Ihe Architectural Committee or any agent thereof shall not thereby.be».-,,
deemed f'^'/ °f» or become liable for, any manner of trespass for such-
entry or inspection. The Architectural Committee may issue a certificate
of completion and compliance as to any property so Inspected.
" 6. No alteration shall be made in the exterior deaijjn or color
of any structure unless such alteration, including any additions, shall have
firet been approved in writing by the Architectural Committee.
' 7. The Architectural Committee shall consist of three (3)
members who shall be appointed by the undersigned Declarant. •
8, Until such time as is hereinafter provided. Declarant-.-^ •,
uhall have full power to remove any member of said Architectural Committee-
and to mike appointments to fill any vacancies in the membership thereof.
•'v''Any written instruments of appointment or removal duly executed by
Declarant may be filed with the County Tiecorder of San Diego County, and }%•o
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CC&R '439 - 8/3/72 15-10
such recordation shall impart to all persons of the matters therein set
forth.
0. A written approval of two (2) of the members of the
Architectural Committee shall constitute an approval. If s.-m! Arrhitgytural
Committee fails to approve or rojcrl .ir.y plans and/or .«piT;fica:tor,s ivlnch
have !ie«*n submitted to it within thirty MO) o'nya afti-r s;:.-<m?'ssion :o t!:c
Architectural C"mir.itttfe. then no approval shall be r.ecosrfAry. If no action--
shoJl be filed, or notice of rejection recorded, by or on behalf of said
Architectural Committee within thirty (30) days after notice of completion
shall be recorded covering the construction, alteration or replacement of
any structure, the filing of such notice of completion fC record shall be
conclusive evidence of the approval of such structure by ihe Architectural
iCommittee.
10. Declarant may, .".i any lime, at its option relieve itself of
Ihe obligation of appointing and maintaining said Architectural Committee
by filing in the Office of the County /{ocorder of San Diego, a notice stating
that it has surrendered the powers of appointment and maintenance of said
Architectural Committee as granted by this article and this Declaration,,
and upon recording of such notice, said powers shall immediately vest in
the majority of the property owners or in an association of property owners,
if one has been formed by the property owners and id In existence.
. , 11. Neither Declarant, its successors or assigns,, nor the
Architectural Committee, nor any member thereof, shall be held responsible
for any loss or damage, nor be liable in any way whatsoever for any errors -
or defects which may or may not be nhown on iaid plans or specifications,
or otherwise.
12. For the purpose of making a.search upon, or guaranteeing "
or irjMurinjj (itle to, or any lien on or interest tn, any lot or parcel of said
property and for the purpose of protecting purchasers and encumbrancers
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CC&R "439 - 8/3/72 J 5-11
for value and in good faith as against the performance or nonperformanee
of any of the acts in this Declaration authorized, perjnitted or to be
approved by the Architectural Committee, the records of the Architectural
Committee shall be prim a facie evidence as to ali matters ohown by such •
records; and the issuance of a certificate of completion and compliance by
Hie Architectural Committee showing that the plans and specifications for
the improvements or any other matters herein provided for or authorized
have been approved and that said improvement^ have been mac'o in accordance
therewith shall be prima facie evidence and £h;ill fully justify an:l protect
any title company or persons certifying, guaranteeing or insuring said
title, or any. lien thereon or any interest therein, and shall also fully
protect any purchaser or encumbrancer in good faith and for value in
••acting thereon, as to ali matters within the jurisdiction of the Architectural
Committee.
ARTICLE IX
COXSTflC'CTiO.V OF COXD.'TIOXS '
1. The determination by any court that iny of the provisions of
this Declaration or any part hereof, are unlawful or invalid shall not affect ' "• "
the validity of the other provisions or remaining portions hereof.
2. Damages are declared hoc to be adequate compensation
for any breach of the provisions of this Declaration. Declarant contemplating
the enforcement of such restrictions as part of the general plan of improve-
ments, and not damaged for the breach of such restrictions. . : • '
ARTICLE X • '.:- •' ; . ;
SCOPE AND Dt/RATTOM OP CONDITIONS, • ' : ' - ' ' '
" ' RI?STK;CT:O.\S .-IXD CHARGES
• All of the conditions, restrictions and charges set forth in . •.".
this Declaration are imposed upon saiU property for the direct benefit •
thereof a/id of the ownc-ra thereof as part of the general plan of improvement*,*"*- -v -v
• •• ' ' • • -••• ' ' • .-». •»*. >" - :
development, building, occupation and maintenance hereby, and a-dd
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CC4R '489 - 8/3/72 15-12
conditions, restrictions and charges shall run wish the land and continue
to be- in full force and effect untiUanuary 1. 1000, at which time said
conditions, restrictions and charges shall he automatically extended for * •
successive periods of ten (10) years unless by a vote of a majority of the
owners of record of building Piles it is agreed to change said conditions,
restriction:; and charges in \vholc or part by an instrument in writing.
signed by said owners, which shall be acknowledged by them so as to entitle
it to be recorded in the Office of the Hccordor of the County of Snn Diego.
provided, however, the prohibition of Paragraph 2 of Article 1(1 shall be
perpetual upon all property for the mutual benefit of every lot or building
site therein, provided, further, that upon issuance of a California Division
of Real Estate's Public Report for a statutory condominium or planned unit
development and the filing for recordation of a Notice of Completion thereof,
the provisions of Article VJII and Paragraphs 1, 3. 10, 11 and 12 of Article
1U shall be of no further effect as to any part of said property referred to
in said report and described in said Notice of Completion and Declarant, .
its successor or assign shall execute and deliver any documents, necessary- •/-,-
to carry this provision into effect. ' ' ' . . ." '"..'..
ARTICLE Xf •• .-. , ..' .-. •..;•.'. - ;."-. .-.V'
EFFECT OF BREACH OF CONDITION'S AND KKSTfUCTION'S
The conditions, restrictions! and conver.anta hereby established
Khali operate as covenant* running with the land; anc! further. Declarant ]
and/or the owner or owners of any lot or lots, including any bona fide pur-
chaser under contract, in the event of a breach of any of said restrictions,
conditions and covenants or a continuance of any such breach, may bring
appropriate legal proceedings, take Steps to enjoin, abate or remedy the '• --
same. ' • . .'.'.
Provided, however, that a breach of the foregoing conditions .
and restrictions shall not sffect or render invalid tho lien of any mortgage or
deed of Iruat made for value which mjy be then a lien, or become a lien . f
upon said property, but tuch conditions and rcatrictiona shall be binding upon i
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CC&R '439 - 8/8/72
;' and effective against any owner, and heirs, devisees, executors, adminis-
/ trators. successors and assigns of any owner, whose title is acquired ur.der
t - i and through anv such mortgage or deed of trust by foreclosure. Trustee'sy /\ - ' . . - - .••••-,-•t ' ] sale, or otherwise.
| j ARTICLE XII
) i • RIGHT TO i:xFoac:t", "
j J 1, The provisions contained in this Declaration shall bind and
I "t ' •.; Inure to the benefit of and be enforceable by Declarant, its successors or
; assi"nj, or the owners of any portion of said property, or their and each ofi " - '.
j their legal representatives, heirs, successors or assigns; and the failure
i . to enforce uny of such conditions, restrictions or covenants herein contained
• i shall in no event be deemed to be a waiver of the right to do so .thereafter.
'. 2. In any legal proceeding commenced by anyone entitled to '
i enforce, or restrain a violation of this Declaration, or any provision hereof,
the losing party or parties shall pay the attorney's fees of the winning party
or parties in such amount as may be fixed by the Court in such proceeding. ,
• \ ARTICLE XIII „• ..'.I-.
>. • " . ' AMEXDMKNT . -. ' -'."."
{• This Declaration or any part thereof may be amended or .
j supplemented by an instrument in writing subscribed by not less than sixty-
six and two thirds percent (66 - 2/37«) of the owners of the property and filed'
for record in the office of the County Recorder of San Dieu° County.
IN WITNESS WHEREOF. LA COSTA LAND COMPANY, a
corporation, has.caused Us corporate name to be hereunto subscribed by
its officers thereunto duly authorised and its corporate seal affixed as of
"the day and year first above written. . '... ... . .•
LA COSTA LAND COMPANYan Illinois corporation
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'489 - 8/3/X2
STATE OF CALIFORNIA
COUNTY OF SAX DIEGO )
)
On this 7th c'ay of August, 1972, before tr.e,a Notary Public, personally appeared :>UT!70.N' L. KRAMER, known
to tr.c to be the Vice-President, and ELAINE THOMAS, known to
r.c to be the Assistant Secretary, of the LA COST/. LAXD CO^!PA^^Y,the corporation that executed the within instrument, and
Bcknowlet!<;ed to ir.e that such corporation executed the sa.-r.e.
y j"j!jLic in .ind for saidCounty and State
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Soecific/Mss~5r ?l2.n Application Page Two
III. EXISTING ZONE OF SUBJECT PROPERTY PC
HAS A MASTER PLAN BEEN APPROVED? Oes.
Ordinance No. 9822 DATE:
No.
OWNER AMD/OR OWNER'S AUTHORIZED AGENT
AFFIDAVIT
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
CITY OF )
SS
Irving RostonI, (we),
(name)
declare to the best of
"(my, ourT
and correct under the penalty of purjury:
being duly sworn depose and
my _knowledge that the foregoing is true
EXECUTED AT Carlsbad California
DATE
(City)
March
(State)
30 1973
(Month) (Day)
APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT:
SUBSCRIBED AND SWORN TO BEFORE ME THIS
(Notary Public)
(Year)
LA COSTA LAND COMPANY
Irving Roston
A
(Print Name)
(Signature)
Costa Del Mar Road
(Mailing Address)
Carlsbad, California 92008
(City and State)
) (714) 753-1181
(Area Code)
DAY OF
(Telephone Number)
13 x03^x OFFICIAL SEAL
iJ £f »'=H\\ NOTARY FUQI.IC - CALIFORNIA
AURORA E. CUNEY
PRi'iJrLt Of'FlCE IN
SAN DIEGO COUNTY
' MY COMMISSIOri EXPIRES APRIL 22. 1975 fo
. ... ^., .,...,,..
APPROVAL TEN "WE TRACT MAP
EXECUTED AT ' city 'of'Carlsbad •
DATE March- 30, -1973-
California
'(State)
OWNER AND/OR OWNER'S AUTHORIZED AGENT:
Irving Roston
(Print N^rne)
x
Costa Del.Mar Road
(Mailing Address^
Carlsbad, California 92008
(City and State)'
(Area Code) (714) 729-9111
(Telephone Number)
SUBSCRIBED AND SWORN TO BEFORE ME THIS J3AY-OF ,1971
/
/C^^M^L
(Notary ~Publj£J'
OFFICIAL SEAL
NOTARY PUBLIC • CALIFORNIA &
]. AURORA E. CUNEY I
PRINCIPLE OFFICE IN . 1
. SAN DIEGO COUNTY 1
"3 MY COMMISSION EXPIRES APRIL 22, 1975
WSCALE
CITY OF CARLSBAD PLANNING DEPARTMENT
Request for approval of LA COSTA ESTATES NORTH -
EIS-149, SP-112, and C.T. 73-10 -
Requested By: LA COSTA LAND COMPANY
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PLANNING COMMISSION RESOLUTION NO.906
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND RECOMMENDING TO THE CITY COUNCIL,
APPROVAL OF A SPECIFIC PLAN (SP-112) TO ALLOW
DEVELOPMENT OF A 97 LOT SINGLE-FAMILY SUBDIVISION
ON APPROXIMATELY 136 ACRES OF LAND, GENERALLY
LOCATED ON THE EAST SIDE OF ALGA ROAD BETWEEN
BABILONIA STREET AND AFFIL WAY, TO BE KNOWN AS
LA COSTA ESTATES NORTH.
WHEREAS, the Planning Commission of the City of Carlsbad did receive
a verified application from LA COSTA LAND COMPANY requesting approval of a
Specific Plan (SP-112) to allow for a 97 lot single-family subdivision, on
approximately 136 acres of land generally located on the east side of Alga
Road between Babilonia Street and Affil Way, more particularly described as:
Being portions of Sections 25 and 36 Township 12 South,
Range 4 West and Portions of Section 30 Township 12 South,
Range 3 West, San Bernardino Meridian, in the City of
Carlsbad, California, arid;
WHEREAS, the Planning Commission did consider the Final Environmental
Impact Report for this project and approved same, as presented, and;
WHEREAS, the Planning Commission did hold a duly noticed public
hearing, and upon hearing and considering the testimony and arguments, if any,
of all persons who desired to be heard, said Commission did find the following
facts and reasons to exist which make the recommendation for approval of
this Specific Plan necessary to carry out the provisions and general purpose
of Ordinance No. 9060:
1. Conformance of the plan to the General Plan Committment and La
Costa Master Plan in terms of density and type of development.
2. Conformance of plan to Zoning Ordinance considerations for property
located in the P-C Zone.
3. The size and location of the subject property is considered to be
sufficient for the proposed development.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Carlsbad that it does hereby recommend to the City Council the adoption
of a Specific Plan, subject to the following conditions:
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1. The approval of a Specific Plan is granted for the land as
described in the application and any attachments thereto, as shewn
on the plot plan submitted labeled Exhibit A revised. The location
of all buildings, fences, signs, roadways, parking areas, landscaping,
and other facilities or features shall be located substantially as
shown on the plot plan labeled Exhibit A revised, except or unless
indicated otherwise herein.
2. All requirements of any law, ordinance or regulation of the STate
of California, City of Carlsbad, and any other governmental entity
shall be complied with.
3. No signs or advertising of any type whatsoever shall be erected
or installed until plans therefore have been approved by the City
of Carlsbad.
4. Prior to obtaining a building permit, and within 30 days
hereof, the applicant shall file with the Secretary of the Planning
Commission written acceptance of the conditions stated herein.
5. Compliance with and execution of all conditions listed hereon
shall be necessary prior to obtaining final building inspection
clearance. Deviation from this requirement shall be permitted only
by written consent of the Planning Director.
6. Prior to the issuance of any permits, the applicant shall enter
into a mutually acceptable agreement with the Richmar Union School
District to provide for future school requirements that will result
from the proposed development.
7. All utilities, including electrical, telephone and television
shall be installed underground and/or shall be completely concealed
from view.
8. None of the 97 lots shall be resubdivided to smaller lots than
those approved in this application. The approved lots shall only
be used for single-family purposes.
9. Any construction on these individual lots shall conform to all
ordinance requirements for the R-l zones as outlined in Chapter
21.10, except that the 66 2/3% of the total lot area shall remain
in open space. Also, no structures on lots abutting San Marcos Creek
Canyon, the utility easements and indicated open areas, shall be
located less than 20 ft. from the common property lines with the
indicated areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, held on the 22nd day of
May, 1973, by the following vote to wit;
AYES: Commissioners Dominguez, Jose, Casler, Forman, Palmateer & Littl
NOES: None
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ABSTAIN: Commissioner Wrench
ABSENT: None
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10 i ATTEST:
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1 DONALD A~AGATEP,
Secretary
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PLANNING COMMISSION RESOLUTION NO.907
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A RESOLUTION Of THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND RECOMMENDING TO THE CITY COUNCIL,
APPROVAL OF A TENTATIVE MAP (CT 73-10) TO ALLOW
A 97 LOT SINGLE-FAMILY LOT SUBDIVISION, PROPERTY
LOCATED ON EAST SIDE OF ALGA-ROAD BETWEEN BABILONIA
STREET AND AFFIL WAY, TO BE KNOWN AS LA COSTA ESTATES
NORTH,
WHEREAS, the Planning Commission of the City of Carlsbad did receive
a verified application from LA COSTA LAND COMPANY, requesting approval of a
Tentative Subdivision Map (CT 73-10) to allow for a 97 lot single-family
lot subdivision known as the La Costa Estates North, subject property being
comprised of approximately 136 acres located on the east side of Alga Road
between Babilonia Street and :Affil Way, more particularly described as:
Being portions of Sections 25 and 36 Township 12 South,
Range 4 West and Portions of Section 30 Township 12 South,
Range 3 West, San Bernardino Meridian, in the City of
Carlsbad, California, and;
WHEREAS, the Planning Commission did consider the Final Environmental
Impact Report for this project and approved same, as presented, and;
WHEREAS, THE Planning Commission did find that the subject Tentative
Map does substantially comply with the City of Carlsbad Subdivision Regulations
and the State of California Subdivision Map Act; and,
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of CArlsbad, that it does hereby recommend approval to the City Council
of the City of CArlsbad, of the herein described Tentative Map CT 73-10,
subject to the fulfillment of the following conditions:
1. The recorded restrictions for the subdivision shall include the
minimum lot size and width requirements, evidence of which shall be
submitted to the City Planning Director prior to approval of the
Final Map.
2. The development of the property described herein shall be subject
to the restrictions and limitations set forth herein which are in
addition to all the requirements, limitations and restrictions, of
all municipal ordinances and State and Federal statutes now in force,
or which, hereafter, may be in force, for the purpose of preserving
the residential characteristics of adjacent properties.
Tha C.C.SR'for this development snail be submitted to the Planning
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Director for review and approval prior to issuance of any building
permits.
4. Park-In-Lieu fees shall be granted to the City prior to recording
the Final Map.
5. Prior to the issuance of any permits, the applicant shall enter
into a mutually acceptable agreement with the Richmar Union School
District to provide for future school requirements that will result
from the proposed development.
6. On-site fire hydrants and fire protection appurtenances shall be
constructed in accordance with Fire Department requirements.
7. In order to provide for reasonable fire protection during the
construction period, the subdivider shall maintain passable vehicular
access to all buildings and adequate fire hydrants with required fire
flows shall be installed as recommended by the Fire Department.
8. All public improvements shall be made in conformity to the City
of Carlsbad Engineering Design Criteria and Standard Plans, the
subdivision Ordinance and other City Standards, to the satisfaction
of the City Engineer, without cost to the City of Carlsbad and free
of all liens and encumbrances, improvement plans for water and sewer
system shall meet the requirements of the respective service districts.
9. Ornamental street lighting shall be provided for as required by
Municipal Ordinance Code. The Developer shall post a bond in the
amount necessary to energize said street lights for an eighteen month
period after construction to permit the incorporation of the subdivision
into a maintenance district.
10. Complete plans and specifications shall be submitted as required
for checking and approval, before construction of any improvements is
commenced. The subdivider shall submit the original drawings revised
to reflect as-built conditions prior to acceptance of the subdivision
improvements by the City.
11. All land and/or easements required by this Ordinance shall be
granted to the City of Carlsbad without cost to the City, and free
of all liens and encumbrances.
12. All private facilities provided to adequately control drainage on
the subject property shall be maintained by the property owner(s) in
perpetuity.
13. Street names shall be subject to approval and shall be designated
in accordance with the standards and policies adopted by the Planning
Commission on file in the Planning Department. Said names shall be
approved by the Planning Director prior to the recordation of the Final
Map.
14. All domestic water shall be supplied this development by the
Carlsbad Municipal Water District.
15. The Carlsbad Municipal Water District will require that pressure
reducing stations be installed with this subdivision.
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16. This subdivision will be required to install a 16" water main
along with, the normal water distribution system for a subdivision
of this character.'
17. The developer will be required to submit calculations verifying
the sizes of the water main throughout the entire subdivision.
18. The Carlsbad Municipal Water District may require some off-site
water main to be constructed as a part of this unit. The size and
location must be determined by a study prior to approval of the
improvement plans by the Carlsbad Municipal Water District.
19. Prior to any construction, the applicant shall submit plans to the
appropriate entity providing domestic water to the proposed develop-
ment for its approval of the location, type, adequacy of water lines
and to the Fire Department for approval of the location of fire hydrants.
20. This development shall be sewered by Leucadia County Water District.
21. Slopes and open-space easement as indicated on the map shall not
be considered for a city maintenance district at this time.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 22nd day of
May, 1973, by the following vote, to wit;
AYES: Commissioners Dominguez, Jose, Forman, Palmateer, Casler & Little
NOES: None
ABSTAIN: Commissioner Wrench
ABSENT: None.
EDMOND W. DOMINGUEZ,
Chairman
ATTEST:
DONALD A. AGATEP,
Secretary
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RESOLUTION NO. 3151
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING
FINDINGS AND DECISION REGARDING SPECIFIC
PLAN (SP-112) TO ALLOW DEVELOPMENT OF A
97 LOT SINGLE-FAMILY SUBDIVISION ON
APPROXIMATELY 136 ACRES OF LAND, GENERALLY
LOCATED ON THE EAST SIDE OF ALGA ROAD BETWEEN
BABILONIA STREET AND AFFIL-WAY, TO BE KNOWN
AS LA COSTA ESTATES NORTH.
WHEREAS, on the 22nd day of May, 1973, the Carlsbad City
Planning Commission adopted Resolution No. 906 which is herewith
referred to and made a part hereof; and
WHEREAS, on May 22, 1973, a duly advertised Public
Hearing was held in the manner prescribed by law to consider
the Specific Plan for La Costa Estates North, to allow for
development of a 97 lot single-family subdivision on approximately
136 acres of land, on property described as:
Being portions of Sections 25 and 36 Township
12 South, Range 4 West and Portions of
Section 30 Township 12 South, Range 3 West,
San Bernardino Meridian, in the City of
Carlsbad, California; and
WHEREAS, on July 3 , 1973, the City Council
held a duly advertised public hearing and received all
recommendations and heard all persons interested in or opposed
to the proposed Specific Plan; and
WHEREAS, said application has complied with the require-
ments of the "City of Carlsbad Environmental Protection
Ordinance of 1972" and an Environmental Impact Report was
presented and discussed at a duly noticed public hearing held
by the Planning Commission and the City Council and was
approved as presented;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission as
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set forth in Planning Commission Resolution No. 906 constitute
the f- ridings of the City Council.
3. That the approval of the proposed specific plan is
necessary to carry out the general purpose of Title 21 of the
Carlsbad Municipal Code.
4. That the specific plan recommended by Planning
Commission Resolution No. 906 is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council on the 3rd day of July , 1973, by the
following vote, to wit:
AYES: Councilmen Dunne, McComas, Chase and Frazee.
NOES: Councilman Lewis.
ABSENT: None.
^AVID M". DUNNE, Mayor
ATTEST:
(seal)
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RESOLUTION NO. 3152
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
TENTATIVE MAP (CT 73-10) TO ALLOW A 97
LOT SINGLE-FAMILY LOT SUBDIVISION, PROPERTY
LOCATED ON EAST SIDE OF ALGA ROAD BETWEEN
BABILONIA STREET AND AFFIL WAY, TO BE KNOWN
AS "LA COSTA ESTATES NORTH".
WHEREAS, on the 22nd day of May, 1973, the Carlsbad
City Planning Commission adopted Resolution No. 907,
recommending to the City Council that Tentative Subdivision
Map (CT 73-10) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
the 3rd day of July , 1973, considered the recommendation
of the Planning Commission; and
WHEREAS, said Tentative Map has complied with the
requirements of the "City of Carlsbad Environmental Protection
Ordinance of 1972" and an Environmental Impact Report was
presented and discussed at a duly noticed public hearing held
by the Planning Commission and the City Council and was
approved as presented;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, that Tentative Map CT 73-10, is hereby
approved, subject to the execution and/or fulfillment of the
following conditions:
1. The recorded restrictions for the subdivision
shall include the minimum lot size and width require-
ments, evidence of which shall be submitted to the
City Planning Director prior to approval of the
Final Map.
2. The development of the property described herein
shall be subject to the restrictions and limitations
set forth herein which are in addition to all the
requirements, limitations and restrictions, of
all municipal ordinances and State and Federal
statutes now in force, or which, hereafter, may
be in force, for the purpose of preserving the
residential characteristics of adjacent properties.
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The C.C.&R's for this development shall be submitted
to the Planning Director for review and approval
prior to issuance of any building permits.
Park-In-Lieu fees shall be granted to the City
prior to recording the Final Map.
Prior to the issuance of any permits, the applicant
is encouraged to work with the Richmar Union
School District to provide for future school
requirements that will result from the proposed
development.
On-site fire hydrants and fire protection appurtenances
shall be constructed in accordance with Fire
Department requirements.
In order to provide for reasonable fire protection
during the construction period, the sub.divider
shall maintain passable vehicular access to all
buildings and adequate fire hydrants with required
fire flows shall be installed as recommended by
the Fire Department.
All public improvements shall be made in conformity
to the City of Carlsbad Engineering Design Criteria
and Standard Plans, the subdivision ordinance and
other city standards, to the satisfaction of the
City Engineer, without cost to the City of Carlsbad
and free of all liens and encumbrances, improvement
plans for water and sewer system shall meet the
requirements of the respective service districts.
Ornamental street lighting shall be provided for as
required by Municipal Ordinance Code. The Developer
shall post a bond in the amount necessary to
energize said street lights for an eighteen month
period after construction to permit the incorporation
of the subdivision into a maintenance district.
Complete plans and specifications shall be submitted
as required for checking and approval, before
construction of any improvements is commenced. The
subdivider shall submit the original drawings
revised to reflect as-built conditions prior to
acceptance of the subdivision improvements by the City.
All land and/or easements required by this Ordinance
shall be granted to the City of Carlsbad without
cost to the City, and free of all liens and
encumbrances.
All private facilities provided to adequately
control drainage on the subject property shall be
maintained by the property owner(s) in perpetuity.
Street names shall be subject to approval and shall
be designated in accordance with the standards and
policies adopted by the Planning Commission on file
in the Planning Department. Said nam.es shall be
approved by the Planning Director pr~ior to the
recordation of the Final Map.
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14. All domestic water shall be supplied this development
by the Carlsbad Municipal Water District.
15. The Carlsbad Municipal Water District will require
that pressure reducing stations be installed with
this subdivision.
16. This subdivision will be required to install a 16"
water main along with the normal water distribution
system for a subdivision of this character.
17. The developer will be required to submit calculations
verifying the sizes of the water main throughout
the entire subdivision.
18. The Carlsbad Municipal Water District may require
some off-site water main to be constructed as a
part of this unit. The size and location must be
determined by a study prior to approval of the
improvement plans by the Carlsbad Municipal Water
District.
19. Prior to any construction, the applicant shall
submit plans to the appropriate entity providing
domestic water to the proposed development for its
approval of the location, type, adequacy of water
lines and to the Fire Department for approval of the
location of fire hydrants.
20. This development shall be sewered by Leucadia County
Water District.
21. Slopes and open-space easement as indicated on the
map shall not be considered for a city maintenance
district at this time.
22. No occupancy certificates shall be issued prior to
receipt of certification, satisfactory to the City
Engineer, that adequate sewer capacity is available.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council on the 3rd day of July , 1973,
by the following vote, to wit:
AYES: Councilmen Dunne, McComas, Chase and Frazee
NOES: Councilman Lewis
ABSENT: None
ATTEST:
MARGARET/TE. ADAMSTTvty Clerk
(seal )
3.
NOTICE OF PROPOSED SPECIFIC
PLAN AND FINAL ENVIRONMENTAL
IMPACT REPORT.
NOTICE IS HEREBY GIVEN that the City Council of the
City of Carlsbad will hold a Public Hearing in the City
Council Chambers, 1200 Elm Avenue, Carlsbad, California,
at 7:30 P.M., June 19, 1973, to consider an application sub-
mitted by LA COSTA LAND COMPANY (La Costa Estates North) for
a Specific Plan to allow development of a 97 lot, single-
family lot subdivision and a Final Environmental Impact Report
on property generally located on the east side of Alga Road
between Babilonia and Alfil Way and more particularly described
as fol1ows:
Being portions of Sections 25 and
26, Township 12. South, Range 4
West, and portions of Section 30,
Township 12 South, Range 3 West,
San Bernardino Meridian, in the
City of Carlsbad, County of San
Diego, State of California; more
particularly described on file in
the Office of the City Clerk.
CARLSBAD CITY COUNCIL
Publish: June 7, 1973