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HomeMy WebLinkAbout2002-11-12; City Council; 16972; Villages Of La Costa Oaks SouthCITY OF CARLSBAD -AGENDA BILL AB# 16,972 TITLE: VILLAGES OF LA COSTA - OAKS SOUTH MTG. 11-12-02 NEIGHBORHOODS 3.10 THROUGH 3.15 - CT 02-02/PUD 02- , OllCT 02-03/MP 98-01(A)/CT 02-04/CT 02-05 DEPT. PLN# RECOMMENDED ACTION: W DEPT. HD. & CITY ATTY. @ CITY MGR => That the City Council INTRODUCE Ordinance No. NS-653 , APPROVING MP 98-01(A), and ADOPT Resolution No. 2002-333 , APPROVING CT 02-02, PUD 02-01, CT 02-03, CT 02- 04, and CT 02-05 as recommended for approval by the Planning Commission. ITEM EXPLANATION: Proiect application(s) I Administrative I Reviewed by and I To be Reviewed - I .. .. Approvals Final at Planning Final at Council Commission Tentative Tract Map 02-02 Tentative Tract Map 02-03 X Planned Development Permit 02-01 X X Tentative Tract Map 02-05 X Tentative Tract Map 02-04 X Master Plan Amendment 98-01(A) X On October 2, 2002, the Planning Commission conducted a public hearing on the Villages of La Costa Oaks South Neighborhoods 3.10 through 3.15 projects. The Planning Commission by a vote of 6-0 (Dominguez absent) recommended approval of Tentative Tract Map 02-02, Planned Development Permit 02-01, Tentative Tract Map 02-03, Master Plan Amendment 98-01 (A), Tentative Tract Map 02-04, and Tentative Tract Map 02-05. The project site is located on the east side of Rancho Santa Fe Road extending from an area north of Cadencia Street to an area south of La Costa Avenue in Local Facilities Management Zone 11. The proposed project includes four tentative tract maps to subdivide and grade a total of 145 acres into 333 residential lots and 22 open space lots. The project area includes Neighborhoods 3.10 through 3.15 of the Oaks South of the Villages of La Costa Master Plan. The master plan established minimum lot size for these neighborhoods is 6,000, 7,500 or 10,000 square feet depending on the specific neighborhood. A Planned Development Permit is requested for approval of the Neighborhood 3.10 and 3.1 1 subdivision where the master plan designated a minimum lot size of 6,000 square feet. The Master Plan Amendment is to transfer two dwelling units from provides for dwelling unit transfers of up to 10 percent between neighborhoods which are located in Neighborhood 3.15 to Neighborhood 3.13. Section 2.5.2 of the Villages of La Costa Master Plan the same village subject to the approval of a Master Plan Amendment. The proposed transfer results in an increase of 3.22 percent to the number of units in Neighborhood 3.13 and a 1.90 percent reduction in the number of units in Neighborhood 3.15. Unit plans are not proposed at this time and will require approval at a future date of a Planned Development Permit Amendment for lots less than 7,500 square feet in area and a Site Development Plan for lots having an area of 7,500 square feet or greater as required by the Villages of La Costa Master Plan. City standards and all necessary findings can be made for the approvals being requested. No public comments were provided at the Planning Commission Hearing. The project complies with ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and I PAGE 2 OF AGENDA BILL NO. 16,972 evaluated in the Final Proaram Environmental Impact Report for the Villaqes of La Costa Master Plan (2000) MP 98-01 (EIR 98-07), dated July 16,2001, T & B Planning Consultants, Inc. EIR 98-07 evaluates the potential environmental effects of the development and operation of the “Villages of La Costa Master Plan (2000)” and associated actions inclusive of the proposed neighborhood projects reviewed here. The City Council certified EIR 98-07 on October 23, 2001. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. A II m itigation m easures contained i n the adopted M itigation Monitoring a nd Reporting Program from EIR 98-07 applicable to the proposed Neighborhood projects have been completed, incorporated into the project design or are required as conditions of approval for the project. Mitigation Measure 4.8-1A required an acoustical analysis for certain areas of the Master Plan to identify all necessary noise control requirements on project plans necessary to meet the City of Carlsbad interior and exterior noise levels. The required studies were provided and the plans have incorporated the required noise wall. The EIR 98-07 “Findings of Fact and Statement of Overriding EIR. Considerations” applies to all subsequent projects covered by the Villages of La Costa Final Program The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. The proposed Master Plan Amendment to transfer two dwelling units between adjacent neighborhoods is provided for in Section 2.5.2 of the Villages of La Costa Master Plan. The total number of Master Plan units evaluated in EIR 98-07 will not be for neighborhoods 3.10 through 3.15. This project is within the scope of Final Program EIR 98-07 and increased. The total number of residential lots is 16 below the number allowed by the Master Plan application are available at the Planning Department. no further CEQA compliance is required. EIR 98-07 and the respective initial studies for each FISCAL IMPACT: All required improvements needed to serve this project will be funded by the developer. GROWTH MANAGEMENT STATUS: Facilities Zone 11 Local Facilities Management Plan 11 Net Density 2.1 to 2.7 du/ac Special Facility Fee CFD No. 1 EXHIBITS: 2. 1. 3. 4. 5. 6. 7. 8. 9. IO. Ordinance No. NS-653 City Council Resolution No. 2002-333 Location Maps Planning Commission Resolution No. 5283, 5284, 5285, 5286, 5287 and 5288 Planning Commission Staff Report, dated October 2, 2002 Planning Commission Minutes, dated October 2, 2002 Full Size Exhibits “A - “N, dated October 2, 2002 (CT 02-02/PUD 02-01) Full Size Exhibits “A - “N”, dated October 2, 2002 (CT 02-03/MP 98-01(A)) Full Size Exhibits “A - “I”, dated October 2, 2002 (CT 02-04) Full Size Exhibits “A” - “M, dated October 2, 2002 (CT 02-05). 1 2 3 4 5 6 5 E s 1c 11 12 12 14 15 1C 1; 1t 15 2( 21 2; 2: 2r 2: 26 21 28 ORDINANCE NO. B-651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO TRANSFER TWO DWELLING UNITS FROM NEIGHBORHOOD 3.15 TO NEIGHBORHOOD 3.13 CASE NAME: VILLAGES OF LA COSTA OAKS SOUTH CASE NO.: MP 98-01(A) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council approved the Villages of La Costa Master Plan on THE VILLAGES OF LA COSTA MASTER PLAN, MP 98-01TO October 23, 2001 by adopting Ordinance No. NS-605; and WHEREAS, Section 2.5.2 of the master plan contains provisions requiring a Master Plan Amendment to provide for dwelling unit transfers of up to 10% between neighborhoods which are located in the same village; and WHEREAS, the City Council did on the 12th day Of NOVEMBER 2002 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Master Plan Amendmeni as shown on Exhibit “MP 98-01(A)” dated October 2, 2002, incorporated by reference. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That Master Plan Amendment MP 98-01(A) dated October 2, 2002, attached, and incorporated herein by reference, is approved. The Master Plan shall constitute the development plan for the property and all development within the plan area shall conform ta the plan. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 5286 shall also constitute the findings and conditions oi the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 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 published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 12th day of NOVEMBER 2002, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad 'on the - day of 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- Villages of La Costa Master Plan MP 98-01 (Master Plan Development of 2,390 dwelling units, a business park, a community park, 2 community facilities sites, elementary school site and the preservation of 834.9 acres of open space located within Local Facilities Management Zones 10 and 1 1 .) APPROVED BY: City Council Ordinance #NS-604 and NS-605, October 16,2001 *** La Costa Oaks South MP 98-01(A) (Minor amendment to transfer two dwelling units from Neighborhood 3.15 to Neighborhood 3.13.) APPROVED BY: City Council Ordinance # __ ! < ! j ! c i I j j i ! VILLAGES OF LA COSTA LA COSTA OAKS MASTER PLAN VILLAGE DEVELOPMENT PLAN 13. La Costa Oaks Neighborhood 3.13 a. Description Neighborhood 3.13 is located in the south central area of La Costa Oaks. This enclave of single-family detached homes is bounded to the south by Neighborhoods 3.14 and 3.15, to the west byNeighborhood 3.12, to thenorth by the utility corridor of Open Space Area 3.C, and to the east by Street C. Eastern access is via a shared roadway with Neighborhood 3.15 to Street C. Western access is by way of Neighborhood 3.12 to La Costa Avenue. Master Plan trails are located along the Neighborhood's western boundary with Neighborhood 3.12, the utility corridor to the north, and Street C to the east. Neighborhood 3.13 consists of approximately 37.8 gross acres. The Neighborhood 3.13 Development Plan is shown on Exhibit 7-31. b. Use Allocation The General Plan Designation for Neighborhood 3.13 is RLM (04 duiac), with a Growth Management Control Point of 3.2 ddac. The R-1 Development Standards, as established by Carlsbad Municipal Code Section 21.10, including second dwelling units, accessory structures, building height and lot coverage shall be utilized, unless otherwise modified by ths Master Plan. The number of Master Plan units planned for this area is 6264. Dwelling I unit transfers between Neighborhood 3.13 and other Neighborhoods in La Costa Oaks may occur as described in Section 2.5.2. 7-140 JHAIVLC MP December. 2000 '7 VILLAGES OF LA COSTA LA COSTA OAKS MASTER PLAN VILLAGE DEVELOPMENT PLAN 15. La Costa Oaks Neighborhood 3.15 a. Description Neighborhood 3.15 is located in the southerly-most area of La Costa Oaks. This enclave of single-family detached homes is generally bounded by Open Space Area 3.E to the south, the Village boundary and Open Space Area 3.D to the west andnorthwest, Neighborhoods 3.13 and 3.14 to the north, and Street C and the Village boundary to the east. Neighborhood 3.15 consists of approximately 44.9 gross acres. Access is provided by Street C to the east, the extension of La Costa Avenue from the west, and Avenida Diestro to the southwest. The Neighborhood 3.15 Development Plan is shown on Exhibit 7-33. b. Use Allocation The General Plan Designation for Neighborhood 3.15 is IUM (0-4 ddac), with a Growth Management Control Point of 3.2 ddac. The R-1 Development Standards, as established by Carlsbad Municipal Code Section 21 .lo, including second dwelling units, accessory structures, building height, and lot coverage shall be utilized, unless otherwise modified by this Master Plan. The number of Master Plan units planned for this area is am. Dwelling unit transfers between Neighborhood 3.15 and other Neighborhoods in La Costa Oaks may occur as described in Section 2.5.2. I JHAlVLC MP 7-150 December. 2000 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 21 28 RESOLUTION NO. 7002-333 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING TENTATIVE TRACT TENTATIVE TRACT MAP 02-03, TENTATIVE TRACT MAP 02- MAP 02-02, PLANNED DEVELOPMENT PERMIT 02-01, 04, AND TENTATIVE TRACT MAP 02-05 FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO CADENCIA STREET TO AN AREA SOUTH OF LA COSTA SANTA FE ROAD EXTENDING FROM AN AREA NORTH OF AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 11. NEIGHBORHOODS 3.10 THROUGH 3.15 CASE NAME: VILLAGES OF LA COSTA - OAKS SOUTH CASE NO.: CT 02-02/PUD 02-011CT 02-03/MP 98- 01 (AKT 02-04/CT 02-05 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on October 2, 2002, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Tentative Tract Map (CT 02-02), Planned Development Permit (PUD 02-01), Tentative Tract Map (CT 02-03), Master Plan Amendment (MP 98-01(A)), Tentative Tract Map (CT 02-04), and Tentative Tract Map (CT 02-05) for project development on 145 acres and adopted Planning Commission Resolutions No. 5283, 5284, 5285, 5286, 5287, and 5288, respectively, recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 12th day of NOVEMBER , 2002 held a public hearing to consider the recommendations and heard all persons interested in or opposed to CT 02-02, PUD 02-01, CT 02-03, MP 98-01 (A), CT 02- 04, CT 02-05; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Tentative Tract Map 02-02 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution 5283, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the recommendation of the Planning Commission for the approval of Planned Unit Development Permit 02-01 is approved and that the findings and conditions of A 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 the Planning commission contained in Planning Commission Resolution No. 5284, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 4. That the recommendation of the Planning Commission for the approval of Tentative Tract Map 02-03 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution 5285, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 5. That the recommendation of the Planning Commission for the approval of the Villages of La Costa Master Plan Amendment 98-01(A) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution 5286, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council and Ordinance NS-653 shall be adopted according to law. 6. That the recommendation of the Planning Commission for the approval of Tentative Tract Map 02-04 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution 5287, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. Tentative Tract Map 02-05 is approved and that the findings and conditions of the Planning 7. That the recommendation of the Planning Commission for the approval of Commission contained in Planning Commission Resolution 5288, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. “NOTICE TO APPLICANT “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the this decision become final; however, if within ten days after the decision appropriate court not later than the ninetieth day following the date on which becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of court is extended to not later than the thirtieth day following the date on which preparation of such record, the time within which such petition may be filed in the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of Village Drive, Carlsbad, California 92008.” proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad .... .... .... .... Resolution No. 2002-333 Page Two -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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 12th day of NOVEMBER , 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin. Finnila, Nygaard, Hall NOES: None ABSENT: None ATTEST: (SEAL) Resolution No. 2002-333 Page Three -3- EXHIBIT 3 / . sm VILLAGES OF LA COSTA - OAKS SO. P.A. 3.10, 3.1 1 CT 02-02/PUD 02-01 13 @ VILLAGES OF LA COSTA - OAKS SO. P.A. 3.12, 3.13 CT 02-03/MP 98-01 (A) VILLAGES OF LA COSTA - OAKS SO. P.A. 3.14 CT 02-04 /5 VILLAGES OF LA COSTA - OAKS SO. P.A. 3.15 CT 02-05 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 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5283 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 33.7 ACRES INTO 87 LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO SANTA FE ROAD EXTENDING FROM AN AREA NORTH OF CADENCIA STREET SOUTH TO THE SDG&E EASEMENT IN LOCAL FACILITIES MANAGEMENT ZONE 11 CASE NAME: VILLAGES OF LA COSTA - OAKS CASE NO.: CT 02-02 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as APPROVAL OF CARLSBAD TRACT NUMBER CT 02-02 TO SOUTH NEIGHBORHOODS 3.10 & 3.11 Being a subdivision of Lots 171 and 172 of City of Carlsbad Tract CT 99-04-01, Villages of La Costa - La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14379 filed in the Office of the San Diego County Recorder on April 29,2002 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “N” dated October 2, 2002, on file in the Planning Department VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 & 3.11, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of October 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: f7 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission SOUTH NEIGHBORHOODS 3.10 & 3.11, - CT 02-02, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - OAKS Findines: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations including the Villages of La Costa Master Plan. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development or as open space on the General Plan, in that they are designated as FUM (Low-Medium Density Residential) or OS (Open Space). That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Villages of La Costa Master Plan. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by'court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to provide residents with adequate air circulation within and surrounding any future residential units. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their PC RES0 NO. 5283 -2- 18 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 9. 10. 11. habitat, in that the proposed development is not within a preserve area of the Habitat Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in Final Program EIR 98-07. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with .the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, Villages of La Costa Master Plan based on the facts set forth in the staff report dated October 2, 2002 including, but not limited to the following: a. Land Use -The project is consistent with the City’s General Plan since the proposed density is within the density range of 0-4 dulacre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2 dulacre as well as not exceeding the number of units permitted by the Villages of La Costa Master Plan. b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master Plan as the developer is required to construct affordable housing units consistent with the Initial Affordable Housing Agreement approved for the Villages of La Costa. The Greens Affordable Apartment Project has been approved and units in that project will satisfy the iuclusionary housing requirements for this project. c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Final EIR 98-07, and master plan. The project will not impact the designated open space and will provide master plan trails and connections to the adjacent neighborhoods as identified in the master plan. d. Noise - A project specific noise study prepared for the tentative map identified an area requiring a 6-foot high noise wall which is shown on the project plans in conformance with the recommendations of the noise study. e. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PC RES0 NO. 5283 -3- /4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 2; 28 12. 13. 14. 15. 16. 17. facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Encinitas Unified and San Dieguito Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit or be satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park Site. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. The project's potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Villages of La Costa Final Program EIR (98-07) previously certified and approved on October 23, 2001 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RES0 NO. 5283 -4- a0 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the Final Map or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. DeveloperiOperator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 6. Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Tentative M.ap reflecting the conditions approved by the final decision making body. PC RES0 NO. 5283 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. 8. 9. 10. 11. 12. 13. 14. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities for the permits being issued. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Notes: -A note to this effect shall be placed on the Final Map. ’ The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No, 5010, including but not limited to Mitigation Measures 4.4-22A, 4.4-22C, 4.4-23, 4.4-29, 4.4-30, 4.7-1, 4.7-5, 4.7-7, 4.7-9, 4.7-13, 4.7-14, 4.7-15, 4.8-1A, 4.8-1B, 4.9-1, 4.9-2, 4.9-3, 4.9-4, 4.10-7,4.10-8, 4.10-9,4.10-107 4.10-11, 4.10-12, 4.11-2, 4.11-6A, 4.11-6B, 4.11-6C, 4.11-7, 4.11-8, 4.11-9, 4.11-10, 4.12-6,4.12-9,4.12-10,4.12-11, and4.13-8. This approval is granted subject to the approval of PUD 02-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5284 for those other approvals. Prior to ‘the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City as required by the “Initial Affordable Housing Agreement Imposing Restriction on Real Property” between the City of Carlsbad and Real Estate Collateral Management Company to provide and deed restrict the required 15 percent of the total dwelling units as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Imgation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as PC RES0 NO. 5283 -6- i 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. 16. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots andor the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perfom the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may PC RES0 NO. 5283 -I- 43 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 pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisiher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in the project Exhibits. 17. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxesifees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. 18. Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. 19. Prior to the issuance of the grading permit or recordation of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 5283 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 20. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. PC RES0 NO. 5283 -8- 24 1 2 3 4 5 6 I 8 9 1c 11 12 13 14 15 It li 1E 1s 2c 21 2; 2: 2f 2: 2t 2: 22 21. 22. 23. 24. 25. 26. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final. tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Comdor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Removal of native vegetation and development of Open Space Lots 82-87, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit "A" - "N", is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arboristbotanist indicating the need to remove specified trees andor plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative map within Open Space Lot 85. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as apublic trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the (i.e. Master Homeowners Association). Any signs proposed for this development shall at a minimum be designed in conformance with the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. Engineering Conditions: General 27. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 28. Developer shall provide to the City Engineer, an acceptable means, CC&Rs orland other PC RES0 NO. 5283 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 recorded document, for maintaining the HOA open space lots, private easements, and all the private improvements including, but not limited to: sidewalks, landscaping, and storm drain facilities. Developer shall distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 29. Developer shall install sight distance comdors at all street intersections in accordance with Engineering Standards. Fees/Aereements 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. GradinP 31. 32. 33. 34. 35. A grading permit for this project is required. Prior to recordation of the final map Developer shall design, secure, and obtain grading plan approval from the City Engineer. Developer shall apply for and obtain a grading permit from the City Engineer prior to the issuance of any building permits for the project. Prior to the issuance of the first building permit rough grading of the entire subdivision shall be complete. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading pennit will be issued. In that caSe Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. DedicationdImDrovements 36. Future access on Avenida Maravilla may be restricted to right-Wright-out turning movements from Camino Junipero. If at such time as Camino Junipero is extended to the east and reconstructed to major arterial standards, or if determined to be necessary to safely accommodate turning movements, a raised median will be constructed along Camino Junipero eliminating left-idleft-out turning movements. Developer shall execute and record a City standard Development Improvement PC RES0 NO. 5283 -1 0- 46 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. 38. 39. 40. 41. 42. Agreement to design and install and secure, with appropriate security as provided by law, a median to be located at the intersection of Camino Junipero and Avenida Maravilla. The Development Improvement Agreement shall remain in force and effect and shall terminate in five years from the date of the final occupancy granted in either Neighborhood 3.10 or 3.11. Notification of potential turning restrictions shall he included in the projects' CC&R's. Developer shall execute and record a City standard Development Improvement Agreement to design and install and secure, with appropriate security as provided by law, a traffic signal to be located at the intersection of Camino Junipero and Camino Cereza/Corte Romero. The Development Improvement Agreement shall remain in force and effect and shall terminate in five years from the date of the final occupancy granted in either Neighborhood 3.10 or 3.11. The signal shall be installed at such time the City Engineer determines that said signal is necessary. The developer shall make an irrevocable offer of dedication to the City for any additional right-of-way necessary to locate, operate and maintain this signal. The offer of dedication shall be made by a certificate on the final map and all land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offers shall be made by a certificate on the final map. All land SO offered shall be offered fiee and clear of all liens and encumbrances and without cost. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Prior to filing of a final map, Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map. Prior to recordation of a final map the Developer shall construct or provide for the construction of Rancho Santa Fe Road between La Costa Avenue and Melrose Drive to the satisfaction of the City Engineer. Prior to issuance of any building permits the following improvements shall be completed to the satisfaction of the City Engineer. A. As shown on the Tentative Map for CT 99-04 offsite water, sewer and storm drain systems necessary to support the development of these neighborhoods shall be completed. Required onsite improvements shall be as directed by the City Engineer B. The downstream detention basin and storm drain infrastructure as shown on the Tentative Map for CT 99-04 C. Camino Junipero shall be complete from the intersection with Rancho Santa Fe Road to the southerly boundary of Neighborhood 3.11. PC RES0 NO. 5283 -11- 62' 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43. 44. 45. 46. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within ‘18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall execute and record a City standard Basin Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. Basins to be maintained include those onsite as well as downstream basin within lot 180 of the master Map, Map No. 14379. Prior to occupancy of any units within the subdivision the installation of a right turn lane from southbound El Camino Real to westbound La Costa Avenue, as shown on DWG 397-1H, shall be completed unless deferred by the City Engineer; Prior to the issuance of grading permit or building permit, whichever occurs first, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. pollutants. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. Prior to issuance of any building permits, Developer shall install street lights along all public street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. Final Map Notes 47. Developer shall show on Final Map the net developable acres for each parcel. 48. Notes to the following effects shall be placed on the map as non-mapping data A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. PC RES0 NO. 5283 -12- 2f 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 C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Olivenhain MuniciDal Water District: 49. No improvements or landscaping shall be installed within the boundaries of the proposed pipeline easements without first obtaining an encroachment permit from the District. Code Reminders: 50. 51. 52. 53. 54. 55. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless determined to be satisfied through compliance with the provisions of the 1996 Parks Agreement. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative map andor required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section PC RES0 NO. 5283 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 2c 21 22 22 24 25 2f 2; at 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of October 2002, by the following vote, to wit: AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOYZMI~LER Planning Director PC RES0 NO. 5283 -14- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 PLANNING COMMISSION RESOLUTION NO. 5284 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT EAST SIDE OF RANCHO SANTA FE ROAD EXTENDING FROM AN AREA NORTH OF CADENCIA STREET SOUTH TO THE SDG&E EASEMENT IN LOCAL FACILITIES MANAGEMENT ZONE 11 CASE NAME: VILLAGES OF LA COSTA - OAKS CASE NO.: PUD 02-01 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as PUD 02-01 ON PROPERTY GENERALLY LOCATED ON THE SOUTHNEIGHBORHOODS 3.10 & 3.11 Being a subdivision of Lots 171 and 172 of City of Carlsbad Tract CT 99-04-01, Villages of La Costa - La Costa Oaks South , in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14379 filed in the Office of the San Diego County Recorder on April 29,2002 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibits “A“ - “N” dated October 2, 2002, on file in the Planning Department, VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 & 3.11 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of October, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 3, 1 ,. L 1 ~ 4 4 " e i 8 s 1C 11 12 13 14 15 16 17 1s 19 2c 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission SOUTH NEIGHBORHOODS 3.10 & 3.11 - PUD 02-01, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - OAKS Findings: 1. 2. 3. 4. 5. 6. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the project is consistent with the Residential Low-Medium (RLM) General Plan Land Use Designation as it is at a density of 2.4 dwelling units to the acre and is in compliance with all standards including the requirements of the Villages of La Costa Master Plan. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that the development of single-family homes on minimum 6,000 square foot lots and associated recreation facilities is consistent with the Villages of La Costa Master Plan and is compatible with adjacent existing and planned land uses. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project design conforms to all design and development standards applicable to the property. Public improvements will be provided concurrent with development of the project to meet all city standards. All manufactured slopes will be landscaped to prevent erosion and visually screen the slopes. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 21.45.060, the design criteria set forth in Section 21.45.070, and has been designed in accordance with the applicable concepts contained in the Design Guidelines Manual, in that the project complies with the required development standards of the Villages of La Costa Master Plan such as lot width and area, maximum number of residential lots, and required recreation area. That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, in that the project site has been approved for mass grading. A Hillside Development Permit was approved for the mass grading phase of the project associated with CT 99-04 and complies with the standards of the Hillside Development Regulations. That the proposed project's design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that there is presently no development adjacent to the site. Future adjacent development of single-family detached PC RES0 NO. 5284 -2- 353 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 residential units and the preservation of open space areas will be consistent with the proposed project. 7. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. 8. The project’s potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Villages of La Costa Final Program EIR (98-07) previously certified and approved on October 23, 2001 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. Conditions: Note: Unless otherwise sDecified herein. all conditions shall be satisfied Drior to recordation of 1. 2. 3. 4. 5. a Final Map or issuance of a grading permit, whichever occurs first. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Planned Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. DevelopedOperator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Planned Development PC RES0 NO. 5284 -3- 33 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 6. 7. 8. 9. 10. 11. 12. Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) DevelopedOperator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Developer shall submit to the Planning Director a reproducible 24” x 36,” mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. This approval is granted subject to the approval of CT 02-02 and is subject to all conditions contained in Planning Commission Resolutions No. 5283 for those other approvals. Prior to the issuance of the grading permit or approval of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Unit Development Permit by Resolution No. 5284 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Prior to the issuance of building permits a Major Planned Unit Development Permit Amendment shall be approved for the architecture and plotting of units in addition to the common recreation area improvements. Approvals are also required for the RV storage area to meet the requirements of the Villages of La Costa Master Plan. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “feedexactions.” PC RES0 NO. 5284 -4- 34 1 2 3 4 < " t - I E 5 1( 11 1: 1: 1r If 1t 1: 1) l! 2( 2: 2: 2: 21 2: 2( 2' 21 You have 90 days fiom date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 2nd day of October 2002, by the following vote, to wit: AYES : Commissioners Baker, Heineman, Segall, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTATN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5284 -5- 35- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 PLANNING COMMISSION RESOLUTION NO. 5285 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 02-03 TO SUBDIVIDE 35.5 ACRES INTO 97 LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO SANTA FE ROAD NORTH OF THE EXTENSION OF LA COSTA AVENUE AND SOUTH OF THE SDG&E EASEMENT IN LOCAL FACILITIES MANAGEMENT ZONE 11 CASE NAME: VILLAGES OF LA COSTA - OAKS CASE NO.: CT 02-03 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as SOUTH NEIGHBORHOODS 3.12 & 3.13 Being a subdivision of Lots 173 and 174 of City of Carlsbad Tract CT 99-04-01, Villages of La Costa - La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14379 filed in the Office of the San Diego County Recorder on April 29,2002 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A“ - “N” dated October 2, 2002, on file in the Planning Department VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.12 & 3.13, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of October 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 36 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission SOUTH NEIGHBORHOODS 3.12 & 3.13 - CT 02-03, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - OAKS That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations including the Villages of La Costa Master Plan. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development or as open space on the General Plan, in that they are designated as RLM (Low-Medium Density Residential) or OS (Open Space). That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Villages of La Costa Master Plan. That the design of the subdivision or the type of improvements will. not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to provide residents with adequate air circulation within and surrounding any future residential units. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantia1 environmental damage nor substantially and avoidably injure fish or wildlife or their PC RES0 NO. 5285 -2- 37 1 4 < - f L I t s 1C 11 12 I? 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 9. 10. 11. habitat, in that the proposed development is not within a preserve area of the Habital Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in Final Program EIR 98-07. That the discharge of waste &om the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned .herein, is in conformance with the Elements of the City’s General Plan, Villages of La Costa Master Plan based on the facts set forth in the staff report dated October 2, 2002 including, bul not limited to the following: a. Land Use -The project is consistent with the City’s General Plan since the proposed density is within the density range of 0-4 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2 dulacre as well as not exceeding the number of units permitted by the Villages of La Costa Master Plan. b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master Plan as the developer is required to construct affordable housing units consistent with the Initial Affordable Housing Agreement approved for the Villages of La Costa. The Greens Affordable Apartment Project has been approved and units in that project will satisfy the inclusionary housing requirements for this project. c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Final EIR 98-07, and master plan. The project will not impact the designated open space and will provide master plan trails and connections to the adjacent neighborhoods as identified in the master plan. d. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. e. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, PC RES0 NO. 5285 -3- 38 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 12. 13. 14. 15. 16. 17. a. The project has been conditioned to provide proof from the Encinitas Unified and San Dieguito Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit or be satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park Site. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been condltioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. The project's potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Villages of La Costa Final Program EIR (98-07) previously certified and approved on October 23, 2001 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the Final Map or issuance of a grading permit, whichever occurs first. PC RES0 NO. 5285 -4- 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. DeveloperDperator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Director'a reproducible 24" x 36", mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities for the permits being issued. PC RES0 NO. 5285 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Notes: A note to this effect shall be placed on the Final Map. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010, including but not limited to Mitigation Measures 4.4-22A, 4.4-22C, 4.4-23, 4.4-29, 4.4-30, 4.7-1, 4.7-5, 4.1-7, 4.7-9, 4.7-13, 4.7-14,4.7-15,4.8-1A9 4.8-1B, 4.9-1, 4.9-2,4.9-3,4.9-4,4.10-7,4.10-8~4.10-9,4.10-10, 4.10-11, 4.10-12, 4.11-2, 4.11-6A, 4.11-6B, 4.11-6C, 4.11-7, 4.11-8, 4.11-9, 4.11-10, 4.12-6,4.12-9,4.12-10,4.12-11, and 4.13-8. This approval is granted subject to the approval of MP 98-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5286 for those other approvals. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City as required by the “Initial Affordable Housing Agreement Imposing Restriction on Real Property” between the City of Carlsbad and Real Estate Collateral Management Company to provide and deed restrict the required 15 percent of the total dwelling units as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thnving condition, free from weeds, trash, and debris. PC RES0 NO. 5285 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner‘s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement bv the City, The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to cany out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto hm the Owners as provided herein. d. Saecial Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment PC RES0 NO. 5285 -7- 4.2 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 17. 18. 19. 20. 21. against the Owners of each Lot in the Project for an equal prorata share of the invoice. plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisiher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Resuonsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in the project Exhibits. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. Prior to the issuance of the grading permit or recordation of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 5285 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. PC RES0 NO. 5285 -8- 43 1 2 3 4 5 6 7 8 5 1c 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 26 21 28 22. 23. 24. 25. 26. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Removal of native vegetation and development of Open Space Lots 92 - 97, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit "A" - "N," is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request fkom the Homeowners Association accompanied by a report from a qualified arboristhotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trails shown on the tentative map within Open Space Lot 94. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as apublic trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the (i.e. Master Homeowners Association). Any signs proposed for this development shall at a minimum be designed in conformance with the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. Engineerinp Conditions: General 27. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 28. Developer shall provide to the City Engineer, an acceptable means, CC&Rs odand other recorded document, for maintaining the HOA open space lots, private easements, and all the private improvements. including, but not limited to: sidewalks, landscaping, and storm drain facilities. Developer shall distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. PC RES0 NO. 5285 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. FeedAgreements 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Gradinq 31. 32. 33. 34. 35. Prior to the issuance of the first building permit rough grading of the entire subdivision shall be complete. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. A grading permit for this project is required. Prior to recordation of the final map Developer shall design, secure, and obtain grading plan approval from the City Engineer. Developer shall apply for and obtain a grading permit from the City Engineer prior to the issuance of any building permits for the project. DedicationsAmorovements 36. The terminus of Sitio Lima shall be signed with “Future Road Extension” signs as directed by the City Engineer. Developer shall cause buyers of lots on or adjacent to Sitio Lima to execute disclosure statements as required by the City Engineer. 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. , 38. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent PC RES0 NO. 5285 -10- +J 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 39. 40. 41. 42. 43. 44. 45. with any grading permit. All brow ditches, storm drain inlets and laterals within HOA open space lots are to be owned and maintained by the HOA. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map. Developer shall execute and record a City standard Development Improvement Agreement to design and install and secure, with appropriate security as provided by law, a traffic signal to be located at the intersection of Camino Junipero and Avenida Amapola. The Development Improvement Agreement shall remain in force effect and shall terminate in five years from the date of the final occupancy granted in either Neighborhood 3.12 or 3.13. The signal shall be installed at such time the City Engineer determines that said signal is necessary. The developer shall make an irrevocable offer of dedication to the City for any additional right-of-way necessary to locate, operate and maintain this signal. The offer of dedication shall be made by a certificate on the final map and all land so offered shall be free and clear of all aliens and encumbrances and without cost to the City. Prior to recordation of a final map the Developer shall construct or provide for the construction of Rancho Santa Fe Road between La Costa Avenue and Melrose Drive to the satisfaction of the City Engineer. Prior to issuance of any building permits the following improvements shall be completed to the satisfaction of the City Engineer: A. As shown on the Tentative Map for CT 99-04 offsite water, sewer and storm drain systems necessary to support the development of these neighborhoods shall be completed. Required onsite improvements shall be as directed by the City Engineer. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to the issuance of the Zlst building permit in neighborhood 3.13 a permanent secondary access to the project shall be provided. One access point shall be from Rancho Santa Fe Road via Camino Junipero and Avenida Amapola. The secondary access shall consist of the completion of Circulo Sequoia to either Avenida Diestro or La Costa Avenue. Prior to occupancy of any units within the subdivision the installation of a right turn lane from southbound El Camino Real to westbound La Costa Avenue, as shown on DWG 397-18, shall be completed unless deferred by the City Engineer. Prior to the issuance of grading permit or building permit, whichever occurs first, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions PC RES0 NO. 5285 -11- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. pollutants. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. 5) Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities for a 10-year, 6- hour storm event. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. 46. Prior to issuance of any building permits, Developer shall install street lights along all public and private street frontages abutting andor within the subdivision boundary in conformance with City of Carlsbad Standards. Final Map Notes 41. 48. Developer shall show on Final Map the net developable acres for each parcel. Notes to the following effects shall be placed on the map as non-mapping data A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Olivenhain Municipal Water District: 49. No improvements or landscaping shall be installed within the boundaries of the proposed pipeline easements without first obtaining an encroachment permit from the District. PC RES0 NO. 5285 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminders: 50. 51. 52. 53. 54. 55. 56. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless determined to be satisfied through compliance with the provisions of the 1996 Parks Agreement. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction’phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessfid, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these feeskxactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feeskxactions of which you have previously been given a NOTICE similar to this, or as to which the statute Of limitations has previously otherwise expired. PC RES0 NO. 5285 -13- lJ6: 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 1f 1; 1E 15 2( 21 2; 2: 2r 2: 2( 2' 2) PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannins Commission of the City of Carlsbad, California, held on the 2nd day of October 2002, by the following vote, to wit: AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL JYOLZMILLER Planning Director PC RES0 NO. 5285 -14- 1 2 3 4 5 6 l e S 1c 11 12 13 14 12 1t 1; 18 IS 2( 21 2: 2: 2L 2: 2t 2: 28 PLANNING COMMISSION RESOLUTION NO. 5286 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT FOR PROPERTY GENERALLY LOCATED IN THE OAKS SOUTH AREA OF THE VILLAGES OF LA COSTA MASTER PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 11 CASE NAME: VILLAGES OF LA COSTA OAKS SOUTH CASE NO: MP 98-01fA) WHEREAS, Morrow Development, ”Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner”, described as Lots 174 and 175 of City of Carlsbad Tract CT 99-04-01, Villages of La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14379 filed in the Office of the San Diego County Recorder on April 29,2002 (“the Property”); and WHEREAS, said verified application constitutes a request for a Master Plan Amendment as shown on Exhibit “MP 98-01(A)” dated October 2, 2002, on file in the Carlsbad Planning Department VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS as provided by MP 98-01(A) and Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of October 2002: consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Master Plan Amendment. 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 WHEREAS, on October 23, 2001, the City Council approved. MP 98-01. as described and conditioned in Planning Commission Resolution No. 5013 and City Council Resolution No. 2001-318. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA OAKS SOUTH - MP 98-01(A) based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated October 2, 2002 and as included in the Planning Commission Resolution for CT 02-03 and CT 02-05. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that the proposed amendment is not increasing the number of dwelling units but is only shifting two dwelling units from Neighborhood 3.15 to 3.13. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that the proposed amendment will not change any sites designated for public facilities. That the proposed industrial uses will be appropriate in area, location, and overall design to the purpose intended, that the design and development are such as to create an environment of sustained desirability and stability, and that such development will meet performance standards established by Title 21, in that no change to the industrial area of the master plan is proposed. That in the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development, in that none of these types of land uses are affected by the proposed shift of two residential dwelling units between adjacent neighborhoods. PC RES0 NO. 5286 -2- 51 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 6. That the streets and thoroughfares proposed are suitable and adequate to cany the anticipated traffic thereon, in that the proposed amendment will not change the number of average daily vehicle trips generated from the master plan and the shift of the two units between adjacent neighborhoods will not significantly alter vehicle trip distribution. 7. The project‘s potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Villages of La Costa Final Program EIR (98-07) previously certified and approved on October 23, 2001 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feeskxactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... PC RES0 NO. 5286 -3- 5-a 1 2 1 - 4 C - t i E 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of October 2002, by the following vote, to wit: AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ~~ I ATTEST: MICHAEL J. H~%Z&LER Planning Director 11 PC RES0 NO. 5286 -4- PLANNING COMMISSION RESOLUTION NO. 5287 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 02-04 TO SUBDIVIDE 29.7 ACRES INTO 68 LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO SANTA FE ROAD FROM AN AREA NORTH OF THE EXTENSION OF LA COSTA AVENUE AND SOUTH OF THE EXTENSION OF AVENIDA DIESTRO IN LOCAL FACILITIES MANAGEMENT ZONE 11 CASE NAME: VILLAGES OF LA COSTA - OAKS CASE NO.: CT 02-04 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as SOUTH NEIGHBORHOOD 3.14 Being a subdivision of Lots 176 and 182 of City of Carlsbad Tract CT 99-04-01, Villages of La Costa - La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14379 filed in the Office of the San Diego County Recorder on April 29,2002 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “I” dated October 2, 2002, on file in the Planning Department VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.14, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of October 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannipg Commission of the City of Carlsbad as follows: 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 2s A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission SOUTH NEIGHBORHOOD 3.14 CT 02-04, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - OAKS Findings: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations including the Villages of La Costa Master Plan. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development on the General Plan, in that they are designated as RLM (Low-Medium Density Residential). That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Villages of La Costa Master Plan. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to provide residents with adequate air circulation within and surrounding any future residential units. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the proposed development is not within a preserve area of the Habitat PC RES0 NO. 5287 -2- 3-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in Final Program EIR 98-07. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, Villages of La Costa Master Plan based on the facts set forth in the staff report dated October 2, 2002 including, but not limited to the following: a. Land Use -The project is consistent with the City’s General Plan since the proposed density is within the density range of 0-4 dulacre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2 du/acre as well as not exceeding the number of units permitted by the Villages of La Costa Master Plan. b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master Plan as the developer is required to construct affordable housing units consistent with the Initial Affordable Housing Agreement approved for the Villages of La Costa. The Greens Affordable Apartment Project has been approved and units in that project will satisfy the inclusionary housing requirements for this project. c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Final EIR 98-07, and master plan. The project will not impact the designated open space and will provide master plan trails and connections to the adjacent neighborhoods as identified in the master plan. d. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. e. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, PC RES0 NO. 5287 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. a. The project has been conditioned to provide proof from the Encinitas Unified and San Dieguito Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit or be satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park Site. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. The project's potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Villages of La Costa Final Program EIR (98-07) previously certified and approved on October 23, 2001 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the Final Map or issuance of a grading permit,.wbicbever occurs first. PC RES0 NO. 5287 -4- 5-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E 1. 2. 3. 4. 5. 6. 7. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities for the permits being issued. PC RES0 NO. 5287 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. 15. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan &d any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Notes: A note to this effect shall be placed on the Final Map. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010, including but not limited to Mitigation Measures 4.4-22A, 4.4-22C, 4.4-23, 4.4-29, 4.4-30, 4.7-1, 4.7-5,4.7-7,4.7-9,4.7-13,4. 7-14, 4.7-15, 4.8-1A, 4.8-1B, 4.9-1, 4.9-2, 4.9-3, 4.9-4, 4.10-7, 4.10-8, 4.10-9, 4.10-10, 4.10-11, 4.10-12, 4.11-2, 4.11-6A, 4.11-6B, 4.11-6C, 4.11-7, 4.11-8, 4.11-9, 4.11-10, 4.12-6,4.12-9,4.12-10,4.12-11, and4.13-8. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City as required by the “Initial Affordable Housing Agreement Imposing Restriction on Real Property” between the City of Carlsbad and Real Estate Collateral Management Company to provide and deed restrict the required 15 percent of the total dwelling units as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the PC RES0 NO. 5287 -6- 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Plannins Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Suecial Assessments Levied bv the Citv. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment. is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions .and/or to pursue lien foreclosure procedures against any Owner and PC RES0 NO. 5287 -7- 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. 20. 21. hisiher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in the project Exhibits. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #I special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxeslfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. Prior to the issuance of the grading permit or recordation of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 5287 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. PC RES0 NO. 5287 -8- 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 22. 23. 24. Prior to the recordation of the first final tract map or the issuance of building permits. whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor. in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Removal of native vegetation and development of Open Space Lots 64- 68, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit "A" - "I," is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arbonstbotanist indicating the need to remove specified trees andor plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Any signs proposed for this development shall at a minimum be designed in conformance with the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. Engineering Conditions: General 25. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 26. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other recorded document, for maintaining the HOA open space lots, private easements, and all the private improvements including, but not limited to: sidewalks, landscaping, and storm drain facilities. Developer shall distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 27. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. FeedAgreements 28. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Grading 29. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer PC RES0 NO. 5287 -9- b? 30. 31. 32. 33. for the proposed haul route. Prior to the issuance of the first building permit rough grading of 1 subdivision shall be complete. the entire Prior to the issuance of a grading permit, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. A grading permit for this project is required. Prior to recordation of the Final Map Developer shall design, secure, and obtain grading plan approval from the City Engineer. Developer shall apply for and obtain a grading permit from the City Engineer prior to the issuance of any building permits for the project. Dedicationsnmarovements 34. 35. 36. 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land SO offered shall be offered free and clear of all liens and encumbrances and without cost. Prior to recordation of a final map the Developer shall construct or provide for the construction of Rancho Santa Fe Road between La Costa Avenue and Melrose Drive to the satisfaction of the City Engineer. Developer shall execute and record a City standard Development Improvement Agreement to design and install and secure, with appropriate security as provided by law, a traffc signal to be located at the intersection of Camino Juniper0 and the Avenida Amapola. The Development Improvement Agreement shall remain in force effect and shall terminate in five years from the date of the final occupancy granted in either Neighborhood 3.14. The signal shall he installed at such time the City Engineer determines that said signal is necessary. The developer shall make an irrevocable offer of dedication to the City for any additional right-of-way necessary to locate, operate and maintain this signal. The offer of dedication shall be made by a certificate on the final map and all land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Prior to occupancy of any units within the subdivision the installation of a right turn lane from southbound El Camino Real to westbound La Costa Avenue, as shown on DWG 397-18, shall be completed unless deferred by the City Engineer. PC RES0 NO. 5287 -1 0- 63 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 38. 39. 40. 41. Prior to issuance of any building permits the following improvements shall be completed to the satisfaction of the City Engineer: A. As shown on the Tentative Map for CT 99-04 offsite water, sewer and storm drain systems necessary to support the development of these neighborhoods shall be completed. Required onsite improvements shall be as directed by the City Engineer. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision improvement agreement or such other time as provided in said agreement. Prior to the issuance of the 21st building permit a permanent secondary access to the project shall be provided. One access point shall be from Rancho Santa Fe Road via Camino Juniper0 and Avenida Amapola. The second access shall connect to La Costa Avenue. Prior to the issuance of grading permit or building permit, whichever occurs first, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said 3) Establish specific procedures for handling spills and routine clean up. Special pollutants. considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. Prior to issuance of building permits, Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary. Final Mao Notes 42. Developer shall show on Final Map the net developable acres for each parcel. 43. Notes to the following effect shall be placed on the map as non-mapping data: A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. Geotechnical Caution:The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or PC RES0 NO. 5287 -11- 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 26 27 28 adjacent to, this subdivision due to its construction, operation or maintenance. C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Olivenhain Municiual Water District: 44. No improvements or landscaping shall be installed within the boundaries of the proposed pipeline easements without first obtaining an encroachment permit from the District. Code Reminders: 45. 46. 47. 48. 49. 50. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless determined to be satisfied through compliance with the provisions of the 1996 Parks Agreement. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of huilding permit issuance, except as otherwise specifically provided herein. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative map andor required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. NOTICE PC RES0 NO. 5287 -12- 65 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 2c 2; 2E You have 90 days from date of approval to protest imposition of these feesiexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of October 2002, by the following vote, to wit: AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None ” SEENA TFUGAS, Chairperson CARLSBAD PLANNING COMMISSION - ATTEST: MICHAEL J. MZ~~Y’LLER Planning Director PC RES0 NO. 5287 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 2E PLANNING COMMISSION RESOLUTION NO. 5288 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 02-05 TO SUBDIVIDE 46.1 ACRES INTO 103 LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO SANTA FE ROAD EXTENDING FROM THE CONTINUATION OF LA COSTA AVENUE TO THE CONTINUATION OF AVENIDA DIESTRO IN LOCAL FACILITIES MANAGEMENT ZONE 11 CASE NAME: VILLAGES OF LA COSTA - OAKS CASE NO.: CT 02-05 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as SOUTH NEIGHBORHOOD 3. IS Being a subdivision of Lots 175 and 181 of City of Carlsbad Tract CT 99-04-01, Villages of La Costa - La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14379 filed in the Office of the San Diego County Recorder on April 29,2002 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - “M” dated October 2, 2002, on file in the Planning Department VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOOD 3.15, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of October 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 67 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission SOUTH NEIGHBORHOOD 3.15 - CT 02-05, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL OF VILLAGES OF LA COSTA - OAKS Findings: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations including the Villages of La Costa Master Plan. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development or as open space on the General Plan, in that they are designated as RLM (Low-Medium Density Residential) or OS (Open Space). That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Villages of La Costa Master Plan. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by.court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to provide residents with adequate air circulation within and surrounding any future residential units. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their PC RES0 NO. 5288 -2- 48 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 9. 10. 11. habitat, in that the proposed development is not within a preserve area of the Habitat Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in Final Program EIR 98-07. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, Villages of La Costa Master Plan based on the facts set forth in the staff report dated October 2, 2002 including, but not limited to the following: a. Land Use -The project is consistent with the City’s General Plan since the proposed density is within the density range of 0-4 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2 du/acre as well as not exceeding the number of units permitted by the Villages of La Costa Master Plan. b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master Plan as the developer is required to construct affordable housing units consistent with the Initial Affordable Housing Agreement approved for the Villages of La Costa. The Greens Affordable Apartment Project has been approved and units in that project will satisfy the inclusionary housing requirements for this project. c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Final EIR 98-07, and master plan. The project will not impact the designated open space and will provide master plan trails and connections to the adjacent neighborhoods as identified in the master plan. d. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. e. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, PC RES0 NO. 5288 -3- 1 2 2 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. a. The project has been conditioned to provide proof from the Encinitas Unified and San Dieguito Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit or be satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park Site. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. The project’s potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Villages of La Costa Final Program EIR (98-07) previously certified and approved on October 23, 2001 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the Final Map or issuance of a grading permit,*whichever occnrs first. PC RES0 NO. 5288 -4- 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. DevelopedOperator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, fiom and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities for the permits being issued. PC RES0 NO. 5288 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Notes: A note to this effect shall be placed on the Final Map. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010, including but not limited to Mitigation Measures 4.4-22A, 4.4-22C, 4.4-23, 4.4-29, 4.4-30, 4.7-1, 4.7-5, 4.7-7, 4.7-9, 4.7-13, 4.7-14,4.7-15, 4.8-1A3 4.8-1B, 4.9-1,4.9-2,4.9-3,4.9-4,4.10-7, 4.10-8,4.10-9,4.10-10~ 4.10-11, 4.10-12, 4.11-2, 4.11-6A, 4.11-6B, 4.11-6C9 4.11-7, 4.11-8, 4.11-9, 4.11-10, 4.12-6,4.12-9,4.12-10,4.12-11, and 4.13-8. This approval is granted subject to the approval of MP 98-01(A) and is subject to all conditions contained in Planning Commission Resolutions No. 5286 for those other approvals. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City as required by the “Initial Affordable Housing Agreement Imposing Restriction on Real Property” between the City of Carlsbad and Real Estate Collateral Management Company to provide and deed restrict the required 15 percent of the total dwelling units as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21 35 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash., and debris. PC RES0 NO. 5288 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. The first submittal of Final Landscape and Imgation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied bv the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment PC RES0 NO. 5288 -7- 13 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 It li 18 15 2( 21 2; 22 2f 2: 2f 27 28 17. 18. 19. 20. 21. against the Owners of each Lot in the Project for an equal prorata share of the invoice. plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisiher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in the project Exhibits. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. Prior to the issuance of the grading permit or recordation of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tracl Map by Resolution No. 5288 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing 01 good cause by the Developer or successor in interest. If satisfaction of the school facility requirement involves a Mello-Roos CommuniQ Facilities District or other financing mechanism which is inconsistent with City Council Policy No, 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Develope1 shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible foI the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. PC RES0 NO. 5288 -8- It' 1 2 3 4 5 6 7 E s 1c 11 12 13 14 15 If 1; 18 I! 2( 21 2: 2: 2r 2f 2t 2.1 28 22. 23. 24. 25. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Removal of native vegetation and development of Open Space Lot(s) 99-103, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit "A" - "M", is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arboristhotanist indicating the need to remove specified trees andor plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Any signs proposed for this development shall at a minimum be designed in conformance with the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. Engineering Conditions: General 26. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 27. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other recorded document, for maintaining the HOA open space lots, private easements, and all the private improvements including, but not limited to: sidewalks, landscaping, and storm drain facilities. Developer shall distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 28. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. FeedApreements 29. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. PC RES0 NO. 5288 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Grading 30. 31. 32. 33. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to the issuance of the first building permit rough grading of the entire subdivision shall be complete. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. A grading permit for this project is required. Prior to recordation of the final map Developer shall design, secure, and obtain grading plan approval from the City Engineer. Developer shall apply for and obtain a grading permit from the City Engineer prior to the issuance of any building permits for the project. DedicationslImprovements 34. 35. 36. 37. 38. The proposed right-of-way vacation shall be processed concurrently with the Final Map. The vacation process shall be complete prior to issuance of any building permits. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Developer shall execute and record a City standard Development Improvement Agreement to design and install and secure, with appropriate security as provided by law, a traffic signal to be located at the intersection of Camino Juniper0 and the Avenida Amapola. The Development Improvement Agreement shall remain in force effect and shall terminate in five years from the date of the final occupancy granted in Neighborhood 3.15. The signal shall be installed at such time the City Engineer determines that said signal is necessary. The developer shall make an irrevocable offer of dedication to the City for any additional right-of-way necessary to locate, operate and maintain this signal. The offer of dedication shaIl be made by a certificate on the final map and all land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Prior to recordation of a final map the Developer shall construct or provide for the construction of Rancho Santa Fe Road between La Costa Avenue and Melrose Drive to the satisfaction of the City Engineer. Prior to issuance of any building permits the following improvements shall be completed to the satisfaction of the City Engineer: A. As shown on the Tentative Map for CT 99-04, the offsite water, sewer and storm PC RES0 NO. 5288 .IO- 76 1 2 3 4 5 6 7 E S 1c 11 12 12 14 15 16 li 1E IS 2( 21 2; 2: 2L 2: 2t 2; 2t 39. 40. 41. 42. 43. drain systems necessary to support the development of these neighborhoods shall be completed. Required onsite improvements shall be as directed by the City Engineer. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to the issuance of the 21st building permit two points of access to the neighborhood shall be completed. One access point shall be from Rancho Santa Fe Road via Camino Junipero, the other shall be from La Costa Avenue. Prior to occupancy of any units within the subdivision the installation of a right turn lane from southbound El Camino Real to westbound La Costa Avenue, as shown on DWG 397-1H, shall be completed unless deferred by the City Engineer. Developer shall execute and record a City standard Basin Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. Basins to be maintained include those onsite as well as downstream basin within lot 180 of the master Map, Map No. 14379. Prior to the issuance of grading permit or building permit, whichever occurs first, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said 3) Establish specific procedures for handling spills and routine clean up. Special pollutants. considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities for a 10-year, 6- hour storm event. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. Prior to issuance of building permits, Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary. Final Map Notes 44. Developer shall show on Final Map the net developable acres for each parcel. PC RES0 NO. 5288 -1 1- 77 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 45. Notes to the following effects shall be placed on the map as non-mapping data A. B. C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Olivenhain Municipal Water District: 46. No improvements or landscaping shall be installed within the boundaries of the proposed pipeline easements without first obtaining an encroachment permit from the District. Code Reminders: 47. 48. 49. 50. 51. 52. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless determined to be satisfied through compliance with the provisions of the 1996 Parks Agreement. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative map andor required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, PC RES0 NO. 5288 -12- 78 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 2; 2E Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously othenvise expired. ... ... ... ... ... ... ... ... ... PC RES0 NO. 5288 -13- 79 1 2 3 4 5 t * I E s IC 11 1; 1: 1' I! 1( 1' II l! 2( 2' 2: 2: 2i 2: 21 2' 2: PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of October 2002, by the following vote, to wit: AYES: Commissioners Baker, Heineman, Segall, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: - MICHAEL J.WOLMILLER Planning Director PC RES0 NO. 5288 -14- EXHIBIT The City of Carlsbad Planning Department 5 A REPORT TO THE PLANNING COMMISSION Application complete date: July 17,2002 P.C. AGENDA OF: October 2,2002 Project Planner: Don Neu Project Engineer: John Maashoff SUBJECT: CT 02-02/PUD 02-OIICT 02-03MP 98-01(A)/CT 02-04/CT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 - A determination that the project is within the scope of the Villages of La Costa Program EIR approved earlier and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation of approval of four Tentative Tract Maps, a Planned Development Permit, and an Amendment to the Villages of La Costa Master Plan. The Tentative Tract Maps will subdivide Neighborhoods 3.10 through 3.15 into a total of 333 residential lots with minimum lot areas of 6,000, 7,500 or 10,000 square feet depending on the neighborhood requirement of the Villages of La Costa Master Plan, and 22 open space lots. The Planned Development Permit is for Neighborhoods 3.10 and 3.1 1 where a minimum lot size of 6,000 square feet is permitted. As permitted by the Master Plan, the Master Plan Amendment is to transfer two dwelling units from Neighborhood 3.15 to 3.13. The project site is located on the east side of Rancho Santa Fe Road extending from an area north of Cadencia Street to an area south of La Costa Avenue in Local Facilities Management Zone 1 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5283, 5284, 5285, 5286, 5287, and 5288 RECOMMENDING APPROVAL of a Tentative Tract Map (CT 02-02), Planned Development Permit (PUD 02-01), Tentative Tract Map (CT 02-03), Master Plan Amendment (MP 98-01(A)), Tentative Tract Map (CT 02-04) and Tentative Tract Map (CT 02-05), based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project includes four tentative tract maps to subdivide and grade a total of 145 acres into 333 residential lots and 22 open space lots. The project area includes Neighborhoods 3.10 through 3.15 of the Oaks South of the Villages of La Costa Master Plan. The master plan established minimum lot size for these neighborhoods is 6,000, 7,500 or 10,000 square feet depending on the specific neighborhood. A Planned Development Permit is requested for approval of the Neighborhood 3.10 and 3.11 subdivision where the master plan designated a minimum lot size of 6,000 square feet. The Master Plan Amendment is to transfer two dwelling units from Neighborhood 3.15 to Neighborhood 3.13. Unit plans are not proposed at this time and will require approval at a future date of a Planned Development Permit Amendment for lots less than 7,500 square feet in area and a Site Development Plan for lots having an area of 7,500 square feet or greater as required by the Villages of La Costa Master Plan. The project complies CT 02-02PUD 02-01/CT 02-03/" 98-01(A)iCT 02-04/CT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 October 2,2002 Page 2 with City standards and all necessary fmdings can be made for the approvals being requested. All of the applications require City Council action. 111. PROJECT DESCRIPTION AND BACKGROUND Background On October 23, 2001 the City Council certified the Final Program EIR, approved the master plan, a master tentative tract map and related applications for the Villages of La Costa project. The Villages of La Costa Master Plan establishes the permitted uses, development standards, and design criteria for each neighborhood as well as the development review process to be utilized. Master Tentative Tract Map, CT 99-04 subdivided the area into open space areas and established the neighborhood development area boundaries. A final map has recorded for the Oaks South area. Plans for mass grading and improvement plans have been approved. Construction is presently ongoing for the Oaks South. Proiect Description The 145-acre project site is located on the east side of Rancho Santa Fe Road extending from an area north of Cadencia Street to an area south of La Costa Avenue within the Villages of La Costa Master Plan and Zone 11 Local Facilities Management Plan. The project area includes Neighborhoods 3.10 through 3.15 of the Villages of La Costa Oaks South. Development of the neighborhoods requires further subdivision of the neighborhood planning area lots created by Master Tentative Tract Map CT 99-04, finish grading and infrastructure improvements. The project area is bordered to the north and east by Area 3.B a 177.6 acre open space area that is part of the Habitat Conservation Plan Preserve Area. To the south is Area 3.E a 12.5 acre open space area. Southeast of the project area is undeveloped property zoned R-1-40,000. To the west are Neighborhoods 3.8 and 3.9 of the master plan that were subdivided into 161 residential lots and 9 open space lots as part of Master Tentative Tract CT 99-04, undeveloped property designated as Local Shopping Center, and existing single family-detached residential development. The proposed project includes a number of applications as summarized below in Table 1. Application Number CT 02-021 PUD 02-01 CT 02-021 PUD 02-01 TABLE 1 -NEIGHBORHOOD APPLICATIONS Master Plan Lots Lot Size Lots Neighborhood Number of Minimum Residential Area Permitted by the MP Proposed Required 3.10 28 6,000 sq. 36 13 acres residentialh ft . I open space 3.11 1 20.7 1 53 I 6,000 sq. 1 53 acres residentiaV5 ft . open space Density (dwelling acre) units per 2.2 du/ac 2.6 du/ac CT 02-02PUD 02-01KT 02-03MP 98-01(A)/CT 02-04KT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 October 2,2002 Page 3 Application Number CT 02-03 CT 02-03/ MP 98- 01(A) CT 02-04 CT 02-05' MP 98- 01W Neighborhood 3.12 3.13 3.14 3.15 1BORH Area 12 acres 23.5 acres 29.7 acres 46.1 acres OD APPLICATIONS, 4 Lot Size !F="- 7,500 sq. ft. I 62" 1 7,500 sq. 66 I 10,000 sq. ft. I 1 os I 7,500 sq. ft DNTINUED Number of Lots Proposed 27 residential1 3 open space 64 residential/ 3 open 63 space residential! 5 open space 98 residential/ 5 open space Density (dwelling acre) units per 2.3 ddac 2.1 ddac 2.1 ddac 2.1 ddac *MP 98-01(A) transfers two dwelling units from Neighborhood 3.15 to 3.13 Along with the proposed Tentative Tract Maps a Planned Development Permit is required by the master plan for Neighborhoods 3.10 and 3.1 1. These two neighborhoods have a minimum lot area requirement of 6,000 square feet requiring this additional permit. The Villages of La Costa Master Plan Section 4.6.4 permits Planned Development Permits (PDP) to be approved without architecture and plotting. No unit plans are proposed with these applications. A future amendment to the PDP is required to authorize the proposed structures and their placement in accordance with the provisions of the master plan. To determine compliance with the provisions of the master plan, a Site Development Plan (SDP) is required for the development of homes on lots with a minimum required area of 7,500 square feet or greater. A tentative map can be processed separately with an SDP processed at a later date for the architecture and plotting as is being proposed. The proposed Master Plan Amendment will transfer two dwelling units from Neighborhood 3.15 to 3.13. Section 2.5.2 of the Villages of La Costa Master Plan regulates Dwelling Unit Transfers. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: CT 02-02PUD 02-01KT 02-03/MP 98-01(A)/CT 02-04XT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 October 2,2002 A. Residential Low-Medium Density (EM) General Plan Land Use Designation; B. Villages of La Costa Master Plan (" 98-01); C. Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code); D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and E. Growth Management Regulations (Zone.11 Local Facilities Management Plan). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies, The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan designation for the project site is Residential Low-Medium Density (RLM). The RLM designation allows single-family residential development at a range of 0-4 dwelling units per acre (ddac). The RLM range has a Growth Control Point of 3.2 ddac. The density in the proposed neighborhoods ranges from a low of 2.1 to a high of 2.7 ddac. The Villages of La Costa Master Plan limits the maximum number of dwelling units for each neighborhood. The neighborhood maximums will not be exceeded provided the shift of two dwelling units from Neighborhood 3.15 to 3.13 is approved as proposed. The Villages of La Costa Master Plan was found to comply with applicable General Plan Goals, Objectives and Policies. This project is in conformance with the master plan and therefore is also in compliance with the General Plan. The project complies with Elements of the General Plan as outlined in Table 2 below. ELEMENT Land Use Housing 'ABLE 2 - GENERAL PLAN COMPLIANC: USE, CLASSIFI- PROPOSED USES CATION, GOAL, IMPROVEMENTS OBJECTIVE OR & PROGRAM Site is designated for I Single-family lots at RLM at 3.2 ddac includes two affordable housing The master plan Provisions of 2.1 to 2.7 ddac affordable sites, one of which has received SDP approval. COMPLY Yes Yes CT 02-02PUD 02-01/CT 02-03/MP 98-01(A)/CT 02-04/CT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 October 2.2002 Page 5 TABLE ELEMENT Open Space & Conservation Noise Public Safety Circulation 1 - GENERAL PLAN USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Minimize environmental impacts to sensitive resources within the City City Wide Trail Program Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL Reduce fire hazards to an acceptable level. Require new development to construct roadway improvements needed to serve proposed development. :OMPLIANCE, CON PROPOSED USES & IMPROVEMENTS Open space preserve areas are identified in the HCP, certified EIR and master plan. These areas are not proposed for development. Master Plan trails and connections to the adjacent neighbor- hoods identified in the plan are included. Project specific noise studies for each tentative map identified one area on- site that requires a 6 foot high wall. The project includes measures such as fire suppression zones. The project will construct public streets needed to serve the development. NUED ZOMPLY fes Yes Yes Yes Yes B. Villages of La Costa Master Plan (MP 98-01(A)) The project is within the La Costa Oaks area of the Villages of La Costa Master Plan. The Master Plan maps and text define the allowable type and intensity of land uses in each village and provides detailed development and design standards, requirements, development phasing and timing, and the method by which the master plan will he implemented. A Master Plan Amendment is proposed pursuant to Section 2.5.2 of the master plan. Section 2.5.2 provides for dwelling unit transfers of up to 10% between neighborhoods which are located in the same village subject to the approval of a Master Plan Amendment. The amendment will transfer two dwelling units from Neighborhood 3.15 to 3.13. This is an increase of 3.22% to the number of CT 02-02PUD 02-01KT 02-03A4P 98-01(A)/CT 02-04KT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 October 2,2002 Page 6 units in Neighborhood 3.13 and a 1.90% reduction in the number of units in Neighborhood 3.15. No increased facilities demand is created by this transfer of two units between adjacent Neighborhoods and no issues have been identified to not allow the transfer. Compliance with the development and design standards of the master plan applicable to dwelling units will be assessed at a later date through a Planned Development Permit Amendment or Site Development Plan. The project complies with the following requirements of the Master Plan as demonstrated in Table 3 below. TABLE 3 - VILLAGE STANDARD Street Standard hail System Village Landscape Concept & Palette Signs Affordable Housing Village Theme Walls OF LA COSTA MASTER PI REQUIRED 4 !4 A. landscaped parkways between the cirb & sidewalk City wide & master plan trails as shown in the La Costa Oaks Trail & Recreation Plan (Exhibit 7-5) Compliance with the land- scape theme tree and plant varieties Compliance with the design & location requirements for neighborhood entry signs & trail head markers 15% of the total number of units in the master plan are to be affordable Required along arterial streets and major collectors LN REQUIREMENTS PROPOSED 4 !4 A. landscaped parkways between the curb & sidewalk Required trails are shown on the approved master tentative map and where applicable connections to proposed neighborhoods are shown The Conceptual Landscape Plans have been found to comply with the master plan Both types of signs comply in design and location with Section 4.9.2 of the master This requirement is being satisfied through the construction of two multi- family rental apartment projects. The SDP for the 180 unit La Costa Greens apartment project has been approved allowing for final maps for a total of 1020 market-rate units anywhere in the master plan. Wall design and locations are shown as part of the conceptual landscape plans plan The master plan designates Neighborhoods 3.10 through 3.15 for single-family detached homes. The minimum lot size and width for each neighborhood will be evaluated in the Subdivision Section of this report. 86 CT 02-02/PUD 02-01KT 02-03/MP 98-01(A)/CT 02-04KT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 October 2,2002 Page 7 C. Planned Development Regulations The Villages of La Costa Master Plan contains development standards for a variety of lot sizes and product types. Certain standards are included in the master plan that are different than those that were adopted in the Planned Development Ordinance. The master plan provides that the Planned Development Ordinance shall be utilized unless otherwise modified in the master plan. In addition, no dwelling units are proposed with these tentative maps as stated previously. Therefore, compliance with the Planned Development RegulationsMaster Plan requirements will be limited to those regulations applicable to the subdivision of Neighborhoods 3.10 and 3.1 1 where a lot size of 6,000 square feet is permitted by the master plan. Table 4 demonstrates the project’s compliance with the required standards. TABLE 4 - PLANNED DEVELOPMENT REGULATIONS/ MASTER PLAN REQUIREMENTS STANDARD I PERMITTED/REQUIRED I PROPOSED Visitor Parking 1 23 spaces required I Adequate parking is provided (5 sp/lO du + 1 spi4 du) on the adjacent local streets as permitted by the master plan Neighborhood 3.2. An interim area is permitted & a SDP has been submitted for this use. Recreational Vehicle Storage To be provided in 20 sq. ft./du Common Recreation Area 50 ft. & greater 50 ft. from RSF Rd. Arterial Setbacks (Residential 2 50 ft. 50 ft. Minimum Lot Width 6,000 sq. ft. min./8,641 sq. A. 6,000 sq. ft. Minimum Lot Size 35,678.6 sq. ft. 8,100 sq .ft. Lot Separations) 30 ft. average from Camino 30 ft. on the north side & an Juniper0 average of 45 ft. on the south D. Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, minimum lot area, and the design of the project so that individual residential lots do not have street frontage or access to circulation element roads. The project is consistent with and satisfies all requirements of the General Plan, the Villages of La Costa Master Plan and Title 21. The master plan required lot sizes for each Neighborhood included on a tentative map are either 6,000, 7,500 or 10,000 square feet. Each of the proposed residential lots meets the applicable minimum lot area required by the master plan. The corresponding minimum lot width is 50, 60 or 70 feet and the project complies with this requirement. CT 02-02PUD 02-01KT 02-03” 98-01(A)lCT 02-04/CT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 October 2,2002 Page 8 The developer will be required to offer various dedications (eg., drainage easements, street right- of-way) and install street lights and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. E. Growth Management The proposed project is located within Local Facilities Management Zone 11 in the southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 5 below. Table 5 - Growth Management Compliance STANDARD 617.45 sq. ft. Library 1,157.73 sq. ft. City Administration IMPACTS Waste Water Treatment 333 EDU Parks 2.31 acres Drainage Basin D Circulation Station No. 6 Fire 3,330 ADT Encinitas Unified - 137 Schools Provided pursuant to the HCP Open Space Elementary Students San Dieguito Unified - 110 Middle School students San Dieguito Unified - 110 High School students Sewer Collection System Water 333 EDU 73,260 GPD COMPLIANCE I Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is 16 units below the Villages of La Costa Master Plan dwelling unit allowance. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master Plan (2000) MP 98-01 (EIR 98-07), dated July 16, 2001, T & B Planning Consultants, Inc. EIR 98-07 evaluates the potential environmental effects of the development and operation of the “Villages of La Costa Master Plan (2000)” and associated actions inclusive of the proposed neighborhood projects reviewed here. CT 02-02h’UD 02-01KT 02-03/MP 98-01(A)/CT 02-04KT 02-05 - VILLAGES OF LA COSTA - OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 October 2,2002 The City Council certified EIR 98-07 on October 23,2001. At that time CEQA Findmgs of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-07 applicable to the proposed Neighborhood projects have been completed, incorporated into the project design or are required as conditions of approval for the project. Mitigation Measure 4.8-1A required an acoustical analysis for certain areas of the Master Plan to identify all necessary noise control requirements on project plans necessary to meet the City of Carlsbad interior and exterior noise levels. The required studies were provided and the plans have incorporated the required noise wall. The EIR 98-07 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Villages of La Costa Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. The proposed Master Plan Amendment to transfer two dwelling units between adjacent neighborhoods is provided for in Section 2.5.2 of the Villages of La Costa Master Plan. The total number of Master Plan units evaluated in EIR 98-07 will not be increased. The total number of residential lots is 16 below the number allowed by the Master Plan for neighborhoods 3.10 through 3.15. This project is within the scope of Final Program EIR 98-07 and no further CEQA compliance is required. EIR 98-07 and the respective initial studies for each application are available at the Planning Department. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Planning Commission Resolution No. 5283 (CT 02-02) Planning Commission Resolution No. 5284 (PUD 02-01) Planning Commission Resolution No. 5285 (CT 02-03) Planning Commission Resolution No. 5286 (MP 98-01(A)) Planning Commission Resolution No. 5287 (CT 02-04) Planning Commission Resolution No. 5288 (CT 02-05) Location Maps (4) Background Data Sheet Local Facilities Impacts Assessment Form Disclosure Statement Reduced Exhibits Full Size Exhibits “A” - “N”, dated October 2,2002 (CT 02-02PUD 02-01) Full Size Exhibits “A” - “N”, dated October 2, 2002 (CT 02-03MP 98-01(A)) Full Size Exhibits “A” - “I”, dated October 2,2002 (CT 02-04) Full Size Exhibits “A” - “M’, dated October 2,2002 (CT 02-05MP 98-01(A)) DN:mh 89 BACKGROUND DATA SHEET CASE NO: CT 02-02iPUD 02-01iCT 02-03MP 98-011AVCT 02-04iCT 02-05 CASE NAME: Villages of La Costa- Oaks SouthNeighborhoods 3.10-3.15 APPLICANT: Morrow Development REQUEST AND LOCATION: The uroiect includes four Tentative Tract Maps. a Planned Develoument Permit, and an Amendment to the Villages of La Costa Master Plan. The Tentative Tract Maus will subdivide Neighborhoods 3.10 through 3.15 of the Oaks South Village of the Villages of La Costa Master Plan into a total of 333 residential lots with minimum lot areas of 6.000 sauare feet, 7.500 sauare feet or 10.000 sauare feet depending on the specific neighborhood as designated in the master Dlan. A total of 22 oDen space lots will also he created, The Planned Development Permit is for Neiqhborhoods 3. IO and 3.11 where minimum lot Neighborhood 3.15 to Neiehborhood 3.13. Unit plans are not Droposed at this time and will reauire approval sizes of 6,000 sauare feet are permitted. The Master Plan Amendment is to transfer two dwelling units from at a future date of a Planned Development Permit Amendment for lots less than 7,500 square feet in area and a Site Development Plan for lots having an area of 7,500 square feet or ereater. The proiect area is located on the east side of Rancho Santa Fe Road extending from an area north of Cadencia Street to an area south of La Costa Avenue. LEGAL DESCRIPTION: Lots 171, 172, 173. 174. 175. 176,181 and 182 of Citv of Carlsbad Tract CT 99- 04-01. Villages of La Costa Oaks South, in the Citv of Carlsbad. Countv of San Diego, State of California, according to map thereof no. 14379 filed in the Office of the San Dieeo Count, Recorder on Auril29.2002. APN: 223-070-05. 07, 09: 223-050-69: 223-060-15.49: 223-071-07 Acres: 145 Proposed No. of LotsAJnits: - 355 GENERAL PLAN AND ZONING Land Use Designation: RLM Density Allowed 0-4 Density Proposed 2.1 to 2.7 Existing Zone: P-C Proposed Zone: P-C Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-c RLM Mass grading for development North P-C os HCP Preserve Area South P-C os Open Space East P-C & R-1-40,000 OS&RL HCP Preserve Area & Undeveloped Propetty West P-c L&OS Future Commercial Site & Open Space PUBLIC FACILITIES School District: Encinitas & San Dieguito Water District: Olivenhain Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): 333 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, Proiect is within the Scope of Proeram EIR 98-07 approved earlier 90 A. B. C. D. E. F. G. H. I. J. K. L. CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Villages of La Costa - Oaks South Neighborhoods 3.10 - 3.15 - CT 02- LOCAL FACILITY MANAGEMENT ZONE: 11 GENERAL PLAN: RLM 02PUD 02-01KT 02-03/MP 98-01(A)lCT 02-04KT 02-05 ZONING: P-C DEVELOPER’S NAME: Morrow Development ADDRESS: 1903 Wright Place. Suite 180. Carlsbad, CA 92008 PHONE NO.: (760) 929-2701 ASSESSOR’S PARCEL NO.: 223-070-05, 07. 09: 223-050-69; 223-060-15.49: 223-071-07 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 333 residential lots & 22 open space lots ESTIMATED COMPLETION DATE: City Administrative Facilities: Demand in Square Footage = 1,157.73 Library: Demand in Square Footage = 617.45 Wastewater Treatment Capacity (Calculate with J. Sewer) 333 Park: Demand in Acreage = 2.31 Drainage: Demand in CFS = Identify Drainage Basin = D (Identify master plan facilities on site plan) Circulation: Demand in ADT = 3.330 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 6 Open Space: Acreage Provided = Provided pursuant to the HCP Schools: EUSD - 137 Elementarv: San Dieguito Unified - 110 Middle School & 110 High School Students (Demands to be determined by staff) Sewer: Demands in EDU 333 Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 73.260 The project is 16 units below the Villages of La Costa Master Plan dwelling unit allowance. DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will discretionary action on the part of the City Council or any appointed Board, Commission or Codttee. The following information MUST be disclosed at the he of application submittal. Your project cmot be reviewed until this infomation is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnenhip, joint vcntmc, association, social club, fram orgaujzation, corporation, estate, trust, receiver, syndicate, in this and any other comiiy city, and comty, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this documeni howevcr, thc legal namc and mti6 of the applicant and pmpaty owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of && persons having a financial interest in the application. If the applicant includes a comoration or uartnershiu, include the , names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned cornoration, include the names and titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) )L Person Frf, AfbULb\O Corplpart Morrow Develoornenk )L Title ?fu/\dWt: Title pvcsl d * * 1403 \EJfl\qnt PIGCLI, Sh. )LAddress CaY\*’b~d, CA q%’O’d Address 1903 Wnaht Place, Suile 180, Carlsbad. CA 92008 2. OWNER (Not the applicant’s agent) Provide the COMPLETE. LEGAL rimes and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (is. partnership, tenants in common, non-profit, corporation, etc.) If the ownmhip includes a cornoration or partners hi^, include the names, title, addresses of all individuals owning more than 10% of the . IMIICAl’E NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned comoration, include the names and titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) &ares. II: NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE ‘p Person dIA Corp/part Real Estate Collateral y Title dfA Title b Address 4tP- Address 1903 Wriaht Place, Suite 180, Manaaement CornDanv Carlsbad. CA 92008 Wih 3. 4. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonurofit organization or a trust. List the names and addresses of ANy person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. PerSOn corp/Part Title Title Address. Address, tiave you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) mon&? . 0 Yes NO Eyes, please indicate perSon(s): NOTE: Attach additional sheets if necessary. Signature of ownedapplicant’s agent if applicable/date print or type name of ownedapplicant’s agent I ! + + + I 1 .. lo 7 Planning Commission Minutes October 2,2002 DRAFT EXWijUo 6 6. CT 02-02/PUD 02-011CT 02-03/MP 98-01fA)ICT 02-04/CT02-05 - VILLAGES OF LA COSTA - within the scow of the Villaaes of La Costa Proaram EIR aDDr0Ved earlier and that the Proaram OAKS SOUTH NEIGHBORHOODS 3.10 THROUGH 3.15 - A determination that the project is EIR adequately describes ;he activity for the iurposes G'CEQA; and a recommendati& of approval of four Tentative Tract Maps, a Planned Development Permit, and an Amendment to the Villages of La Costa Master Plan. The Tentative Tract Maps will subdivide Neighborhoods 3.10 through 3.15 into a total of 333 residential lots with minimum lot areas of 6,000, 7,500 or 1,000 square feet depending on the neighborhood requirement of the Villages of La Costa Master Plan, and 22 open space lots. The Planned Development Permit is for Neighborhoods 3.10 and 3.11 where a minimum lot size of 6,000 square feet is permitted. The Master Plan Amendment is to transfer two dwelling units from Neighborhood 3.15 to 3.13. The project site is located on the east side of Rancho Santa Fe Road extending from an area north of Cadencia Street to an area south of La Costa Avenue in Local Facilities Management Zone 11. Chairperson Trigas opened the public hearing for item #6 and acknowledged that an Errata Sheet was received on the project. Don Neu, Principal Planner, presented a brief background on the project. He stated that the Villages of La Costa consist of three areas referred to as La Costa Greens, La Costa Ridge, and La Costa Oaks. He said this action is in the La Costa Oaks area, specifically Oaks South, and pointed out areas 3.10 through 3.15 on the map. Mr. Neu stated that as part of the Master Plan approval there was certification of a Program EIR that covered all the actions at that time as well as what they contemplated as future actions. One of the prior actions was a Master Tentative Map for the Oaks and the Ridge. The majority of the Master Tentative that was the area on the west side of the future Rancho Santa Fe Road, Neighborhoods 3.8 and 3.9. The Map's purpose was to create planning area lots as well as open space preserved lots. One exception to purpose for subdividing those properties on the Tentative Map was to try to limit the impacts on that existing neighborhood. It was one of the neighborhoods that was very instrumental in getting the road realigned so Staff and the applicant worked diligently to limit the number of times that grading and construction might impact them. As part of that map grading was proposed and is currently occurring in Oaks South. He said what the Commission is acting on would be further to the east and it's currently being mass graded to the level of mass pads or sheet pads for future development grading. He showed exhibits of the areas involved. Mr. Neu stated that the other application is a Master Plan Amendment that would move two dwelling units from Neighborhood 3.15 up to 3.13 to the north. The Master Plan contained provisions to allow for up to a ten percent transfer of units within a village. He showed more specific layouts of the neighborhoods and described the streets and parkways and lot sizes. He said there are roughly 500 lots in total for the Oaks South. At this point the subdivisions end up being about 16 units below what the Master Plan contemplated. Mr. Neu said the EIR was certified for the project so they are tasked to review future projects and determine whether the impacts were covered by the original EIR. In this case their analysis indicated that they were. The EIR was very detailed and included layouts in the Master Plan at a conceptual level which are almost identical to what's coming on the tentative maps. Mr. Neu said because the number of lots on each tentative map is more than 50, the Commission would be making a recommendation to the Council and the Council would be the final decision-maker. John Maashoff stated the Errata Sheet is intended to replace conditions within specific resolutions and it approval. basically adds street names to those intersections that were identified in the original resolutions of Chairperson Trigas opened and closed public testimony. Planning Commission Minutes October 2,2002 Page 21 MOTION ACTION: Commission adopt Planning Commission Resolutions No. 5283, 5284, 5285, Motion by Commissioner Baker and duly seconded, that the Planning OZ), Planned Development Permit (PUD 02-01), Tentative Tract Map (CT 02-03), 5286, 5287. and 5288 recommending approval of a Tentative Tract Map (CT 02- Tentative Tract Map (CT 02-05), based on the findings and subject to the Master Plan Amendment (MP 98-01(A)), Tentative Tract Map (CT 02-04) and conditions contained therein and including the Errata Sheet presented this evening. DISCUSSION Commissioner Segall stated for the record that both he and Mr. Arbuckle, the applicant, are on the board of the Chamber of Commerce. VOTE: 6-0-0 AYES: Whitton Chairperson Trigas, Commissioners Baker, Heineman, Segall, White, and NOES: ABSTAIN: None None PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of This space is for the County Clerk's Filing Stamp North County Times Proof of Publication of Formerly known as the adjudicated newspapers of Times-Advocate and which rnU1ILE OF the Superior Court of the County of San PUBW HEARING State of California, for the County of San Diego that the notice of which the annexed is a copy (set in type not smaller than been published in each regular and said newspaper and not in any supplement thereo ,..~ on the following dates, to-wit: Zone 11 and more particular1 ." ". ~~~ ~~ ~~ Y" Dated at tLLfL4 - , Cahforni CTO2-02IPUD 02-OlICT 4 CpE FILE 02-03lMP 98-01fA)lCT 02-WCT 02-05 this - day A, ICASE NAME of LA COSTA OAKS SOUTH 3.10,3.11,3.12 3.13, 3.14, NEIGHBORHOODS AND i.15 PUBLISH: SUNDAY, OCI'OBW~, m2 CITY GB 7, OF Signature CARLSBAD NORTH COUNTY TIMES Legal Advertising 'ITY . VILLAGES OF 4 COSTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, November 12, 2002, to consider a determination that the project is within the scope of the Villages of La Costa Program EIR approved earlier and that the Program EIR adequately describes the activity for the purposes of CEQA; and approval of four Tentative Tract Maps, a Planned Development Permit, and an Amendment to the Villages of La Costa Master Plan. The Tentative Tract Maps will subdivide Neighborhoods 3.10 through 3.15 into a total of 333 residential lots with minimum lot areas of 6,000, 7,500 or 10,000 square feet depending on the neighborhood requirement of the Villages of La Costa Master Plan, and 22 open space lots. The Planned Development Permit is for Neighborhoods 3.10 and 3.11 where a minimum lot size of 6,000 square feet is permitted. The Master Plan Amendment is to transfer two dwelling units from Neighborhood 3.15 to 3.13. The project site is located on the east side of Rancho Santa Fe Road extending from an area north of Cadencia Street to an area south of La Costa Avenue in Local Facilities Management Zone 11 and more particularly described as: Lots 171, 172, 173, 174, 175, 176, 181 and 182 of City of Carlsbad Tract CT 99-04-01, Villages of La Costa Oaks South, in the City of thereof no. 14379 filed in the Office of the San Diego County Carlsbad, County of San Diego, State of California, according to map Recorder on April 29,2002. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Friday, November 8, 2002. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. The time within which you may judicially challenge the Tentative Tract Maps, the Planned Development Permit, andlor the Amendment to the Villages of La Costa Master Plan, if the Tentative Tract Maps, the Planned Development Permit, andlor Amendment to the Villages approved, is established by state law andlor city ordinance, and is very short. If you challenge of La Costa Master Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at, or prior to, the public hearing. CASE FILE: CT 02-02/PUD 02-011CT 02-03/MP 98-01 (A)/CT 02-04/CT 02-05 CASE NAME: LA COSTA OAKS SOUTH NEIGHBORHOODS 3.10, 3.11, 3.12, 3.13. 3.14, AND 3.15 PUBLISH: SUNDAY, OCTOBER 20, 2002 CITY OF CARLSBAD CITY COUNCIL SlTE VILLAGES 0.F LA COSTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, [DATE], to consider a determination that the project is within the scope of the Villages of La Costa Program EIR approved earlier and that the Program EIR adequately describes the activity for the purposes of CEQA; and approval of four Tentative Tract Maps, a Planned Development Permit, and an Amendment to the Villages of La Costa Master Plan. The Tentative Tract Maps will subdivide Neighborhoods 3.10 through 3.15 into a total of 333 residential lots with minimum lot areas of 6,000, 7,500 or 10,000 square feet depending on the neighborhood requirement of the Villages of La Costa Master Plan, and 22 open space lots. The Planned Development Permit is for Neighborhoods 3.10 and 3.11 where a minimum lot size of 6,000 square feet is permitted. The Master Plan Amendment is to transfer two dwelling units from Neighborhood 3.15 to 3.13. The project site is located on the east side of Rancho Santa Fe Road extending from an area north of Cadencia Street to an area south of La Costa Avenue in Local Facilities Management Zone 11 and more particularly described as: Lots 171, 172, 173, 174, 175, 176, 181 and 182 of City of Carlsbad Tract CT 99-04-01, Villages of La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14379 filed in the Office of the San Diego County Recorder on April 29, 2002. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after [DATE]. If you have any questions, please call Don Neu in the Planning Department at (760) 602-4612. The time within which you may judicially challenge this Tentative Tract Maps, a Planned Development Permit, and an Amendment to the Villages of La Costa Master Plan, if approved, is established by state law andlor city ordinance, and is very short. If you challenge the Tentative Tract Maps, a Planned Development Permit, and an Amendment to the Villages of La Costa Master Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 02-02/PUD 02-01/CT 02-03/MP 98-01 (A)/CT 02-04/CT 02-05 CASE NAME: LA COSTA OAKS SOUTH NEIGHBORHOODS 3.10, 3.11, 3.12, 3.13, 3.14, AND 3.15 PUBLISH: [DATE] CITY OF CARLSBAD CITY COUNCIL Smooth Feed SheetsT" CARLSBAD UNlF SCHOOL DlST 801 PINE AVE CARLSBAD CA 92008 LEUCADIA CNTY WATER DlST 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 MORROW DEVELOPMENT FRED ARBUCKLE 1903 WRIGHT PL STE 180 CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKSKOMMUNITY SERVICES CITY OF CARLSBAD PROJECT PLANNER DON NEU ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD ENClNlTAS CA 92024 OLIVENHAIN WATER DlST 1966 OLIVENHAIN RD ENClNlTAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 SAN DlEGUlTO SCHOOL DlST 701 ENClNlTAS BLVD ENClNlTAS CA 92024 CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 JACK HENTHORN STE A 5365 AVENIDA ENCINAS CARLSBAD CA 92008 CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKSlENGlNEERlNG MUNICIPAL WATER DISTRICT DEPT 10/10/2002 AERY@ Address Labels Laser 5160@ Smooth Feed Sheets" ESTATE CO REAL 770 N WOOD DALE ROAD K WOOD DALE IL 60191 DANIEL T SHELLEY PO BOX 230985 ENClNlTAS CA 92023 CAM-MAR GROWERS INC 630 ENClNlTAS BLVD ENClNlTAS CA 92024 THE BLOMBERG FAMILY 3334 BAJO CT CARLSBAD CA 92009 DEBORAH L MORGAN 3340 BAJO CT CARLSBAD CA 92009 JOHN G BURLISON 7252 ESFERA ST CARLSBAD CA 92009 CRAIG LAPLANTE 7923 CORTE CARDO CARLSBAD CA 92009 GREGORY S YOUNG 791 7 CORTE CARDO CARLSBAD CA 92009 SHU-TSO & MOLLY LEE 2227 LA AMATISTA ROAD DEL MAR CA 92014 MICHALE R GABBARD 7931 AVENDIA DIESTRO CARLSBAD CA 92009 MAG PROPERTIES 3838 CAMINO DEL RIO NO 22 SAN DIEGO CA 92108 CENTER FOR NATURAL LANDS 425 E ALVARADO STREET 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CARLSBAD CA 92009 Laser 5160@ THE KIESNER FAMILY 7925 AVENIDA DIESTRO CARLSBAD CA 92009 MARK W 8 ANNE OCONNOR 7930 AVENIDA DIESTRO CARLSBAD CA 92009 DAVOOD 8 MINOOEE 7932 AVENIDA DIESTRO CARLSBAE CA 92009 RITA KOSZTOLNIK 7938 AVENIDA DIESTRO CARLSBAD CA 92009 MICHAEL W COWDREY 7936 AVENIDA DIESTRO CARLSBAD CA 92009 OWNER 335 PEARCE GROVE DRIVE ENClNlTAS CA 92024 ARTHUR & DEBBIE TORRES CARLSBAD CA 92009 3498 SITIO BORDE THE SIMON FAMILY 3496 SlTlO BORDE CARLSBAD CA 92009 DONALD J POLESE 3494 SlTlO BORDE CARLSBAD CA 92009 JAMES P PERROTT 3492 SlTlO BORDE CARLSBAD CA 92009 DAVID CALABRO 3490 SlTlO BORDE CARLSBAD CA 92009 KEITH A KURIHARA 3488 SlTlO BORDE CARLSBAD CA 92009 HlLClAS GARCIA 3486 SlTlO BORDE CARLSBAD CA 92009 KIM L & KAREN POST 3484 SlTlO BORDE CARLSBAD CA 92009 THE ZIEGLER FAMILY 3482 SlTlO BORDE CARLSBAD CA 92009 LARRY B &TONI GREEN CARLSBAD CA 92009 3480 SITIO BORDE WAYNE &JOAN HAMILTON 3478 SlTlO BORDE CARLSBAD CA 92009 STUART CAMPBEL 3476 SlTlO BORDE CARLSBAD CA 92009 KELLY G DUSENBERRY 3473 SlTlO BORDE CARLSBAD CA 92009 LOUIS J MATHE 3475 SlTlO BORDE CARLSBAD CA 92009 SUE L MERTENS PO BOX 230536 ENClNlTAS CA 92023 DENNIS J CARROLL 3479 SlTlO BORDE CARLSBAD CA 92009 HUGH D LAWRENCE 3481 SlTlO BORDE CARLSBAD CA 92009 JOHN T MARIN 3483 SlTlO BORDE CARLSBAD CA 92009 ERIE & LEE WIBLE CARLSBAD CA 92009 3485 SITIO BORDE MARK V PETTINE 3487 SlTlO BORDE CARLSBAD CA 92009 MARC A HARTLEY 3489 SlTlO BORDE CARLSBAD CA 92009 ANDREW & KUMIKO LEE 3401 SlTlO BORDE PIERRE A ESSIG 3493 SlTlO BORDE CARLSBAD CA 92009 DAVID A GERKE 3495 SlTlO BORDE CARLSBAD CA 92009 CARLSBAD CA 92009 Smooth Feed Sneets" AUGUSTINE P JOSEPH 1020 MONTEREY VISTA WAY ENClNlTAS CA 92024 STEPHANIE A BRAULT 7935 AVENIDA DIESTRO CARLSBAD CA 92009 GLEN D HOLLOWAY 7933 AVENIDA DIESTRO CARLSBAD CA 92009 CHONG & YUNGHEE KIM 3534 SlTlO BAYA CARLSBAD CA 92009 VINCE CHADWICK 3536 SlTlO BAYA CARLSBAD CA 92009 GISELA M RAYMOND 3538 SlTlO BAYA CARLSBAD CA 92009 ALFRED0 E GARCIA 3542 SlTlO BAYA CARLSBAD CA 92009 MICHAEL MlNlCK 3544 SlTlO BAYA CARLSBAD CA 92009 MARC H & ALERIE AGNEW 3540 SlTlO BAYA CARLSBAD CA 92009 ANN M SCHUSSLER 3548 SlTlO BAYA CARLSBAD CA 92009 MARTIN D & MARY STOWE 3550 SlTlO BAYA CARLSBAD CA 92009 CRAIG M WILLIAMS 3546 SlTlO BAYA CARLSBAD CA 92009 ROBERT A WELLS 3556 SlTlO BAYA CARLSBAD CA 92009 THE MCMAMIS FAMILY 3552 SlTlO BAYA CARLSBAD CA 92009 STEVEN J WEISS 3554 SlTlO BAYA CARLSBAD CA 92009 VINCENT C KONOSKE 3551 SlTlO BAYA CARLSBAD CA 92009 ROBERT W SIMEK 3555 SlTlO BAYA CARLSBAD CA 92009 TOSUN T BAYRAK 3553 SlTlO BAYA CARLSBAD CA 92009 LARRY & SUSAN KESSLER 3549 SlTlO BAYA CARLSBAD CA 92009 VICTOR R GRAVES 3547 SlTlO BAYA CARLSBAD CA 92009 ALAN F & PENNE DIETER 3543 CALLE GAVANZO CARLSBAD CA 92009 BRIAN J & TAMMY HERMAN 3537 CALLE GAVANZO CARLSBAD CA 92009 WILLIAM S GlNN 3541 CALLE GAVANZO CARLSBAD CA 92009 MEYERS 3539 CALLE GAVANZO CARLSBAD CA 92009 KEVIN R &WENDY CRAIG 3535 CALLE GAVANZO CARLSBAD CA 92009 MARK A ROACH 3534 CALLE GAVANZO CARLSBAD CA 92009 KENNETH J SURIAN 3536 CALLE GAVANZO CARLSBAD CA 92009 ROBERT M WIRTH 3540 CALLE GAVANZO CARLSBAD CA 92009 STEPHEN M HENDRY 3543 SlTlO BAYA CARLSBAD CA 92009 MUKESH & HlNA MEHTA 3538 CALLE GAVANZO CARLSBAD CA 92009 Laser 5160@ Smooth Feed Sheets” GEORGE D CROCE 3541 SlTlO BAYA CARLSBAD CA 92009 CARL & CECILIA LOZADA 3539 SlTlO BAYA CARLSBAD CA 92009 DANIEL H & ODY HACKER 3537 SlTlO BAYA CARLSBAD CA 92009 PETER D 8 DORA CURRY 3535 SlTlO BAYA CARLSBAD CA 92009 RON D GREGORY 3532 SlTlO BAYA CARLSBAD CA 92009 WILLIAM R HELDOORN 23925 FRIAR STREET WOODLAND HILLS CA 91367 MICHAEL P KELLEY 3531 SlTlO BAYA CARLSBAD CA 92009 THE HALL-HUNT FAMILY 7914 VIA CALLENDO CARLSBAD CA 92009 KARL K & SUE GIN 7916 VIA CALLENDO CARLSBAD CA 92009 CHERYL L KELLOGG 3533 CALLE GAVANZO CARLSBAD CA 92009 DAVID S & SUSAN BARTH 7918 VIA CALLENDO CARLSBAD CA 92009 EDWARD J DANIELEWICZ 3532 CALLE GAVANZO CARLSBAD CA 92009 BRADLEY A & ANN HIROU 3529 CALLE GAVANZO CARLSBAD CA 92009 PERARNE LAGERVALL 3525 CALLE GAVANZO CARLSBAD CA 92009 GREGORY H LONG 3531 CALLE GAVANZO CARLSBAD CA 92009 RODNEY GOLDENBERG 3521 CALLE GAVANZO CARLSBAD CA 92009 STEPHEN P SANTORE 3519 CALLE GAVANZO CARLSBAD CA 92009 JOHN C HARELSON 3523 CALLE GAVANZO CARLSBAD CA 92009 MORE WlSNlEWSKl 351 7 CALLE GAVANZO CARLSBAD CA 92009 LARRY D CHUPP 351 5 CALLE GAVANZO CARLSBAD CA 92009 JOHN W & CARLA WALL 351 6 CALLE GAVANZO CARLSBAD CA 92009 MICHAEL E PACKARD 3522 CALLE GAVANZO CARLSBAD CA 92009 PHILIP E & ROMA BOURNE 351 8 CALLE GAVANZO CARLSBAD CA 92009 DENIS M FAHERTY 3600 FOXGLOVE DRIVE HUNTINGTOWN MD 20639 RONALD GREEWALD 7919 VIA CALLENDO CARLSBAD CA 92009 RANDY REYNOLDS 3524 CALLE GAVANZO CARLSBAD CA 92009 GORDON E ANDERSON 3526 CALLE GAVANZO CARLSBAD CA 92009 WILLIAM D WOOD 791 5 VIA CALLENDO CARLSBAD CA 92009 DAVID A WALKER 7913 VIA CALLENDO CARLSBAD CA 92009 CHUCK W & NADIA SCOTT 7917 VIA CALLENDO CARLSBAD CA 92009 Laser 5160@ Smooth Feed SheetsfM ROGER K RICE 3523 SlTlO BAYA CARLSBAD CA 92009 FRANK J INGRANDE 3517 SlTlO BAYA CARLSBAD CA 92009 BRIAN CLARK 7918 CORTE CARDO CARLSBAD CA 92009 THE BROWN FAMILY 14064 RUE DANTIBES DELMAR CA 92014 C CHAN 3805 DUSTRY TRL ENClNlTAS CA 92024 HARJEET & SATNAM SINGH 3827 COPPER CREST RD ENClNlTAS CA 92024 3890 COPPER CREST RD ERIC L CASSIS ENClNlTAS CA 92024 GREGORY H BROWN 245 MEADOW VISTA WAY ENClNlTAS CA 92024 BRUCE K GRANQUIST 371 1 COPPER CREST RD ENClNlTAS CA 92024 THE DIEHL FAMILY 3319 CADENCIA STREET CARLSBAD 92009 DANIEL F & KAREN RYAN 3521 SlTlO BAYA CARLSBAD CA 92009 KAREN J KNUDSON 7914 CORTE CARDO CARLSBAD CA 92009 LAWRENCE WOOLF 7920 CORTE CARDO CARLSBAD CA 92009 SCOT & JILL TUCKER 3827 MEGAN LANE ENClNlTAS CA 92024 THE NOVAK FAMILY ENClNlTAS CA 92024 3875 COPPER CREST RD CHRIST J HAMILTON 14806 VISTA DEL OCEAN0 DEL MAR CA 92014 STEPHEN C PRINGLE 3140 DUSTY TRL ENClNlTAS CA 92024 A BOTH 3023 DUSTY TRL ENClNlTAS CA 92024 3715 COPPER CREST RD DEARING ENGLISH ENClNlTAS CA 92024 JAMES D TOMCIK 3530 SIT0 BAYA CARLSBAD CA, 92008 GARYMFOSTER 3519 SlTlO BAYA CARLSBAD CA 92009 KHALED YAMOUT 7916 CORTE CARDO CARLSBAD CA 92009 MOEBIUS FAMILY 391 1 CORTE MAR DE BRISA SAN DIEGO CA 92130 RICHARD J DOWSING 1418 VIA DEL CORVO SAN MARCOS CA 92069 LAURENCE C CORKE 3851 COPPER CREST RD ENClNlTAS CA 92024 RAYMON W HALLET 3876 COPPER CREST RD ENClNlTAS CA 92024 GARY R HARTWIGSEN 3130 DUSTY TRL ENClNlTAS CA 92024 THE SMITH FAMILY 2903 WISHBONE WAY ENClNlTAS CA 92024 DANIEL B NEWTON 3637 COPPER CREST RD ENClNlTAS CA 92024 BAVERYB Address labels laser 5160@ Smooth Feed Sheets" MICHAEL J INOUYE 7702 CAMlNlTO PUERTO NO 101 CARLSBAD CA 92009 THE HILL FAMILY 4385 SUGARMAN DR LA JOLLA CA 92037 LEE FOWLER 17432 FARLIE ROAD SAN DIEGO CA 92128 AMY L GOODRICH 7701 CAMlNlTO LEON NO 102 CARLSBAD CA 92009 GK& BETTY OLSON 9798 MARKY WAY LA MESA CA 91941 CAPITAL SALVAGE PO BOX 71 7 LAFAYETTE CA 94549 GOEFFRY L WESTERMEYER 7701 CAMlNlTO LEON NO 101 CARLSBAD CA 92009 RICHARD W SEXSON 3729 BARRINGTON DRIVE CARMEL IN 46033 ANTHONY R EASTON PO BOX 166 SOLANA BEACH CA 92075 W M BUCSIS 402 BRAESHIRE LANE SASKATOON SASKATCHEWAN S7V 182 CANADA RONNIE & BATIA KVASHNY 3320 CAMlNlTO EASTBLUFF LA JOLLA CA 92037 THE PASEKE FAMILY 10951 SORRENTO VALLEY RD SAN DIEGO CA 92121 NANSl AKROUSH 7707 CAMlNlTO LEON NO 201 CARLSBAD CA 92009 KIRSTEN MILDBRADT 3503 CAMlNlTO SIERRA NO 101 CARLSBAD CA 92009 MARK S & DEBRA HAJJAR 12929 CADELA PL SAN DIEGO CA 92130 ROBERT SEER 3503 CAMlNlTO SIERRA NO 302 CARLSBAD CA 92009 PAUL G KERR 5483 REDDING RD SAN DIEGO CA 92115 CHARLES & JEANNE FOWLER 1432 FAIRLIE RD SAN DIEGO CA 92128 LEEC 3507 CAMlNlTO SIERRA NO 101 CARLSBAD CA 92009 TIANA GRAY 645 OCEAN VIEW AVE NO A ENClNlTAS CA 92024 ROBERT R MACPHERSON PO BOX 1482 CARLSBAD CA 92018 ROBERT C KNOX 3507 CAMlNlTO SIERRA LORIE L ARBAUGH 3507 CAMlNlTO SIERRA NO 201 CARLSBAD CA 92009 ROXANE HAYS 2594 MONTGOMERY AVE CARDIFF CA 92007 NO 201 CARLSBAD CA 92009 CHRIS KAKADELAS 3507 CAMlNlTO SIERRA NO 301 CARLSBAD CA 92008 WOK S CHAN 1394 KINGWAY VANCOUVER CANADA V5V 3E4 DENNIS XUEREB 5715 DODDS DRIVE BETTENDORF IA 52722 LISA A REYNOLDS 3513 CAMlNlTO SIERRA M30 CARLSBAD CA 92009 STACY M BLACKWOD 3513 CAMlNlTO SIERRA NO MI0 CARLSBAD CA 92009 STANLEY THOMAS 3515 CAMlNlTO SIERRA NO 210 CARLSBAD CA 92009 Address iabets Laser 5160@ Smooth Feed Sheets" NESTOR A SISON 3513 CAMlNlTO SIERRA NO 303 CARLSBAD CA 92009 KELLIE R HODDER 7702 CAMlNlTO LEON NO 204 CARLSBAD CA 92009 PATRICK SlLVESTRl 1360 NEPTUNE AVE ENClNlTAS CA 92024 CINDY L MAYNARD 3517 CAMlNlTO SIERRA NO 304 CARLSBAD CA 92009 GARY G & BETTY PRIEBE 1437 TZENA WAY ENClNlTAS CA 92024 STEPHANKARTSUB 3527 CAMlNlTO SIERRA NO J10 CARLSBAD CA 92009 GOPAL MAKAN 15 KERRIGAN CRESCENT MARKHAM ONTARIO CANADA L3R 7T3 DAWN MACGREGOR 7702 CAMlNlTO TINGO 204 CARLSBAD CA 92009 STACY K & PAlTY WARD 7701 CAMlNlTO LEON 2001 CARLSBAD CA 92009 ROY MIRANDA 7701 CAMlNlTO LEON NO 203 CARLSBAD CA 92009 ANGELA C ALTFILLISCH 7702 CAMlNlTO LEON NO 102 CARLSBAD CA 92009 B J SLADE 27 UXBRIDGE DRIVE HAYES MIDDLESEX UK STEVEN S SMITH 7704 CAMlNlTO LEON NO 201 CARLSBAD CA 92009 MICHAEL STUDER 3517 CAMlNlTO SIERRA NO 303 CARLSBAD CA 92009 JEFFERY J VACCARO 1186 EOLUS AVE ENClNlTAS CA 92024 MICHAEL LEE 230 RIDGE RD NORTH BOX 7 RIDGEWAY ONTARIO L SUSAN MORAN 2057 VILLAGE WOOD RD OCEANSIDE CA 92057 THE WALPERT FAMILY 12162 E. ALTADENA DRIVE SCOTSDALE AZ 85259 WILLIAM M ClMA 3664 CARLSBAD BLVD CARLSBAD CA 92008 CYNTHIA KERELUK 13685 2BTH AVE WHITE ROCK BC V4P IT7 Addr,ess Labels Use temp& for 516;. -. RENE SIENNE 7936 DEERFIELD STREET SAN DIEGO CA 92120 SAMANTHA C EASTON 7704 CAMlNlTO LEON NO 1@1 CARLSBAD CA 92009 DAVID BERG 7048 CAMINO DEGRAZIA NO 233 SAN DIEGO CA 92111 ALEX R MAJESKA 3523 CAMlNlTO SIERRA NO 101 CARLSBAD CA 92009 JAIME E PRIETO 921 CALLE SANTA CRUZ ENCINTAS CA 92024 JOAN THOMPSON PO BOX 38 SOLANA BEACH CA 92075 ZOLTAN & MONIKA KASA CARLSBAD CA 92009 7704 CAMlNlTO TINGO 1-20 JONATHAN E JOBE 5584 HAVENRIDGE WAY SAN DIEGO CA 92130 BENJAMIN SLADE 7702 CAMlNlTO PUERTO NO 203 CARLSBAD CA 92009 OWEN KORKIE 1151 SYDNEY STREET NO 414 CANMORE ALBERTA T1W 3G1 Laser 5160@ ROLAND MUELLER 7106 OLD CHURCH RD 3 CALEDON EAST ONTARIO LON 1E VIRENDRA SETH ERIC & LUZ HAYES 3383 POINT GREY RD 3530 CALLE GAVANO VANCOUVER BC V6H 1A4 CARLSBAD CA 92009 ANDREW BRUCE TERRY MAZURENKO AARON GOLDFARB 507235 ST.CLAIR AVE W 12 RACHEL LEE CT 523 WATERLOO ST TORONTO ONTARIO M4V 1K7 UXBRIDGE ONTARIO L9P 1 W5 LONDON ONTARIO N6B29 HARVEY LEITCH JULIUS S PAESKE JR 11 CHURCH ST 7704 CAMlNlTO TINGO 101 ERIN ONTARION NOBlTO CARLSBAD CA 92009 NOREEN A CARY 7702 CAMlNlTO TINGO H201 CARLSBAD CA 92009 AERY@ Address Labels laser 5160@