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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. -2- 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 JRP/sp 7333 from Paul Duvel ff v?v >o gB5ai^ fin Pf-v6 lt-.f OiUivii'g ll-j.i' y, ./••- *-• i/•:-:*; CC&R '4S9 - 8/8/72 u II \\ 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, ,-XaZ," '^':*2? -'', l»-:C353,n 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 -1- . - V .,+ - ItIItl Hn i-.:j-i '•1' Hii 51 ^J\ "2 CC&R '439 - 8/8/72 1530 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 • • • ' ' " •'••'.'.'' i'-•-•'..' •.-,.. /' - " " •••-'• . ..-.*. -2-. /V-Y Uf -? , CC4R '489 - 8/3/72 1531 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' -3- f si ••• ivi t1 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 " - - -4-\II I . *o >-*. I 3- M I j; £j 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 -5- •§IG, li . i !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. . -S- •• .- I — ' ', ' j- I 1'! ' 4 }''•; •: •! *> I*. lj 1) 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& _... '/'/-VX/ J CC&R '459 - 8/3/72 1536 \ f I».•*I i . 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 •' • • . '• • ' '. • ' ...-•/...- I \-8- •» >/ /''-.:••/ / . 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. -9- A>•>•*.cair i \ J •, 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 * " - ,.'. ' ' ' ...'". -»^ -10- V- />V \. -. l ;•' •' :.-" "V '.-.v.& I- • '••] J '-• V^-^--J i, •/ 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 -11- • ..... I A l-.i ., V- • 1 if;: • j [A } I t V 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 -12- J-c A V •«1 i . *i: I!Ji Si IfF- / / J *.: x.Tf 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 I » < I :f ' // J [7 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 • • . ' I•'.''• • •• ' I j». »'••• •14- \\ • i-v • -\- 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 Uy•J_ Q^X '• M -15- i \ / '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 i>'J u ' '/. L "'I -16- 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 •:\\ C" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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: XX XX -1- 1 4 V 8 10 11 12 1' 20 21 22 23 24 25 28 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 29 XX30 31 32 XX -2- ABSTAIN: Commissioner Wrench ABSENT: None 3 4 5 6 7 8 g | Chairman 10 i ATTEST: 11 • 12 1 DONALD A~AGATEP, Secretary 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -3- PLANNING COMMISSION RESOLUTION NO.907 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 26 27 28 29 30 31 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. -2- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 a m a> < z<rO O "- mZ O to >t ^ < < >- ° O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 a S 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1. V) 00*§ § fSii §£>£o 4 5 6 7 8 9 10 11 12 13 14 15 16 17m" su; • !<^_ UJ vJ 11| | 18 ^£ i 19 0 20 21 22 23 24 25 26 27 28 29 30 31 32 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) 2. to10 sll it "> h tc; * i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 § 14 CO3 e n K• ^ S 15£ < o>0 <§S"i 165 s «c<- v- UJ /-*o £ > £r- r- <f u- n rtm o 2 3 17 "•' ' s!oL. >-Z ^ 8 D T QUJ £. fS << U.Uo cc - 3Z O C/55< 5 19 5 20 21 22 23 24 25 26 27 28 29 30 31 32 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 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. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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