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
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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.
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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).
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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
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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)
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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 # __
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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
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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
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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
....
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Resolution No. 2002-333
Page Two
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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
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EXHIBIT 3
/ . sm
VILLAGES OF LA COSTA -
OAKS SO. P.A. 3.10, 3.1 1
CT 02-02/PUD 02-01
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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
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VILLAGES OF LA COSTA -
OAKS SO. P.A. 3.15
CT 02-05
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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:
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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:
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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
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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
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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:
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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.
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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
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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
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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
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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.”
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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
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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:
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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
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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,
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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.
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Code Reminders:
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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.
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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
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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.
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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:
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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.
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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.
...
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 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:
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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
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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,
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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.
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1.
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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:
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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
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9.
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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,
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12.
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14.
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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.
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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.
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8.
9.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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PC RES0 NO. 5288 -13- 79
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 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
STE H
FALLBROOK CA 92028
RIDGELINE GROUP LTD PTRNS
119 NO EL CAMINO REAL
NO 131
ENClNlTAS CA 92024
THE MORTENSEN FAMILY
3336 BAJO CT
CARLSBAD CA 92009
THOMAS L BRAMMELL
3342 BAJO CT
CARLSBAD CA 92009
FRANK A & JAYDEE ROSS
3340 CADENCIA ST
CARLSBAD CA 92009
SHAUNA W RECTOR
7921 CORTE CARDO
CARLSBAD CA 92009
NEIL M & ROBIN COWEN
7915 CORTE CARDO
CARLSBAD CA 92009
7926 AVENDIA DIESTRO
BRIAN H &JUDY BENDER
CARLSBAD CA 92009
THOMAS K OCONNELL
7929 AVENIDA DIESTRO
CARLSBAD CA 92009
CORP OF PRESIDING BISHOP
509 E NORTH TEMPLE
SALT LAKE CITY UT 84150
PETER R FIELDING
223 SEAL BEACH BLVD
SEAL BEACH CA 90740
THE DAVIS FAMILY
3332 BAJO CT
CARLSBAD CA 92009
DONALD F & JOYCE HElN
3338 BAJO CT
CARLSBAD CA 92009
AUGUSTUS P SCHNEIDAU
3344 BAJO CT
CARLSBAD CA 92009
BART NEGLIA
7924 CORTE CARDO
CARLSBAD CA 92009
J HOWORTH
791 9 CORTE CAD0
CARLSBAD CA 92009
LEWIS F OHLIGER
7922 AVENIDA DIESTRO
CARLSBAD CA 92009
ALVARO JR MUNEVAR
7928 AVENIDA DIESTRO
CARLSBAD CA 92009
JH & J STENGEL
7927 AVENIDA DIESTRO
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@