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HomeMy WebLinkAbout2003-12-02; City Council; 17390; Villages of La Costa Greens NeighborhoodsAB# 17,390 MTG. 12-2-03 DEPT. PLNW DEPT. HD. CITY ATTY TITLE: VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1 .OS CT 02-22/PU D 02-1 1 /CT 02-23 CITY MGRS Project Applications Administrative Reviewed by and Approvals Final at Planning That the City Council ADOPT Resolutions No. 2003-309 and 2003-310 , APPROVING Tract Map CT 02-22 and Planned Unit Development PUD 02-11 for Villages of La Costa Greens Neighborhood 1.09 and Tract Map CT 02-23 for Villages of La Costa Greens Neighborhood 1.08 as recommended for adoption and approval by the Planning Commission To be reviewed - Final at Council ITEM EXP LAN ATlON : CT 02-22 PUD 02-1 1 Commission X X On October 15, 2003, the Planning Commission conducted a public hearing for two residential projects. Since both subdivisions are for more than 50 lots, Planning Commission has made a recommendation to the City Council for their action. The first residential project is Villages of La Costa Greens Neighborhood 1.09, which consists of the subdivision of 25.3 acres into 75 single-family residential lots and 2 open space lots. Review of architecture will be presented to the City Council at a later date as an amendment to the PUD. The second residential project is Villages of La Costa Greens Neighborhood 1.08, which consists of the subdivision of 42.9 acres into 82 residential lots and 6 open space lots. Review of architecture will be presented to the Planning Commission at a later date as a Site Development Plan. The Planning Commission discussed the merits of each application, and voted 4-2 (Montgomery and White, Heineman Absent) to recommend approval of the projects to the City Council with the revision to five conditions, deleting reference to a drawing number in each condition. The applicant agrees to accept the revisions. A full disclosure of the Planning Commission’s discussion is in the attached minutes. A complete description and staff analysis of the project is in the attached report to the Planning Commission. ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared initial studies for the projects and concluded that no potentially significant impacts would result with the implementation of the projects that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master Plan MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential environmental effects of the development and operation of the “Villages of La Costa Master Plan” and associated actions inclusive of the proposed planning area 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. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting PAGE 2 OF AGENDA BILL NO. 17,390 Program from EIR 98-07 applicable to the proposed Planning Area 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 noise walls where appropriate. The EIR 98-07 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Villages of La Costa Master Plan 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 total number of Master Plan units evaluated in EIR 98-07 will not be increased. 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. FISCAL IMPACT: No fiscal impacts have been identified. EXHIBITS: 1. City Council Resolution No. 2003-309 2. City Council Resolution No. 2003-310 3. Location Map 4. 5. 6. Planning Commission Resolutions No. 5485, 5486, and 5487 Planning Commission Staff Report, dated October 15, 2003 Draft Excerpts of Planning Commission Minutes, dated October 15, 2003. DEPARTMENT CONTACT: C h rister W estman, (760) 602-46 1 4, cwest@ci. carls bad xa. us 1 L I c 1 E s 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT FOR VILLAGES OF LA COSTA GREENS NEIGHBORHOD 1.09 TO SUBDIVIDE 25.3 LOTS ON PROPERTY GENERALLY LOCATED SOUTH EAST OF ALICANTE ROAD, NORTH OF ALGA ROAD AND SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASENAME: VILLAGES OF LA COSTA GREENS ACRES INTO 75 SINGLE-FAMILY LOTS AND 2 OPEN SPACE NEIGHBORHOOD 1.09 CASE NO.: CT 02-22/PUD 02-1 1 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on October 15, 2003, hold a duly noticed public hearing as prescribed by law to consider a Tentative Tract Map and Planned Unit Development; and day of , 2003, held a duly noticed public hearing to consider the Tentative Tract Map and Planned Unit Development, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 02-221PUD 02-1 1; and WHEREAS, the City Council of the City of Carlsbad, on the 2nd December NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the recommendation of the Planning Commission for the approval of Tentative Tract Map CT 02-22 and Planned Unit Development PUD 02-11 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5485 and 5486, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. .... .... .... .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “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 review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which 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 the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 2nd day of December , 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ATTEST: (SEAL) / Page 2 of 2 of Resolution -2- .- ^^^^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR VILLAGES OF LA COSTA GREENS NEIGHBORHOD LOTS AND 6 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED EAST OF ALICANTE ROAD, NORTH OF ALGA ROAD AND SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASENAME: VILLAGES OF LA COSTA GREENS 1.08 TO SUBDIVIDE 42.9 ACRES INTO 82 SINGLE-FAMILY NEIGHBORHOOD 1.08 CASE NO.: CT 02-23 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on October 15, 2003, hold a duly noticed public hearing as prescribed by law to consider a Tentative Tract Map; and WHEREAS, the City Council of the City of Carlsbad, on the 2nd. day of December , 2003, held a duly noticed public hearing to consider the Tentative Tract Map, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 02-23; 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 CT 02-23 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5487 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution IS adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “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 / =, 1 A t I 8 5 1C 11 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of day of December , 2003, by the Carlsbad on the 2nd Chapter 1 .I 6. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which 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 the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard following vote, to wit: NOES: None ATTEST: f (SEAL) 1 Paqe 2 of 2 of -2- EXHIBIT 3 VILLAGES OF LA COSTA- GREENS NEIGHBORHOODS 1.09 AND 1.08 CT 02=22/PUD 02-1 I/CT 02-23 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5485 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 25.3 ACRES INTO 75 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED NORTHEAST OF ALICANTE ROAD AND LAPIS ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: VILLAGES OF LA COSTA GREENS APPROVAL OF CARLSBAD TRACT CT 02-22 TO NEIGHBORHOOD 1.09 CASE NO.: CT 02-22 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 Being a subdivision of Lot 9 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14543, filed in the office of the County Recorder of San Diego County February 13,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “L” dated October 15, 2003, on file in the Planning Department VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.09 - CT 02-22, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of October 2003, 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: 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.09 - CT 02-22 based on the following findings and subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. That 1 e 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 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 residential development or Open Space on the General Plan, in that the site has a General Plan designation of Residential Low Medium density (RLM) and surrounding properties are designated as'Residentia1 Low Medium density (RLM) and Open Space (OS). 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 all lot sizes and dimensions are consistent with the development criteria of the Villages of La Costa Master Plan and Title 20 of the Carlsbad Municipal Code. 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 is conditioned to obtain any easements required for the proposed project. 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. PC RES0 NO. 5485 -2- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 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 Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan that 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, and Villages of La Costa Master Plan based on the facts set forth in the staff report dated October 15, 2003 including, but not limited to the following: a. b. C. d. e. 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/ac specified for the site as indicated on the Land Use Element of the General Plan, and does not exceed the number of units permitted in each neighborhood by the Villages of La Costa Master Plan. 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 First Amended and Restated Affordable Housing Agreement (dated 2/21/03) 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. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan EIR, and Villages of La Costa 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 Villages of La Costa Master Plan. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. 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. PC RES0 NO. 5485 -3- /o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10 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, a. the project has been conditioned to provide proof from the San Marcos 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 have been satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park. 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 10. 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 10 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 Planning Director has determined that: a. the project is a(n) subsequent activity of the Villages of La Costa Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [ 15168(c)(2) and (e)]; and PC RES0 NO. 5485 -4- 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. C. d. e. f. this project is consistent with the Master Plan cited above; and the Villages of La Costa Master Plan EIR was certified in connection with the prior plan; and the project has no new significant environmental effect not analyzed as significant in the prior EIR; and none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and all feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 17. 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 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 PC RES0 NO. 5485 -5- I2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. 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 indemnifl, 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 fiom 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 10 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. 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. This approval is granted subject to the approval of MP 98-01(B) and PUD 02-11 and is subject to all conditions contained in Planning Commission Resolutions No. 5478 and 5486 for those other approvals incorporated herein by reference. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project’s market rate units, unless both the final decision making -6- 14 PC RES0 NO. 5485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. 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 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. b. C. d. 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. 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. 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. 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 perfom 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 PC RES0 NO. 5485 -7- Pt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 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 hisker 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 Exhibit f. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit Invasive/exotic species not to be used include those listed on Lists A and B of the "Exotic Plants of Greatest Ecological Concern in California" adopted by the California Exotic Pest Plan Council, October, 1999. g. HCP/OMSP Educational Material: Exhibit describes the importance and sensitivity of the conserved habitat areas and ways to avoid impact to them. h. Lighting Restrictions on Private Residential Lots: Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set forth in Exhibit 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 10, 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 PC RES0 NO. 5485 -8- 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. 21. 22. 23. 24. Recorder, subject to the satisfaction of the Planning Director, notifjrlng all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 5485 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. Developer shall dedicate on the final map, an open space easement for those portions of lots 76 and 77 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibit “B.” 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). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). PC RES0 NO. 5485 -9- 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. 26. 27. 28. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Removal of native vegetation and development of Open Space Lots 76 and 77, 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 re-vegetation program, landscape plan, etc.) as shown on Exhibit “B” 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 arboridbotanist 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. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. Prior to occupancy of the 38th dwelling unit the Developer shall provide and make available for use the required recreational area in Greens Neighborhood 1.12. Engineering General 29. 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 fiom, the City Engineer for the proposed haul route. 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. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private improvements that serve this subdivision: entry median hardscape/landscape/irrigation, street trees, concrete drainage swales, and storm water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&R’s). PC RES0 NO. 5485 -10- I? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type I "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 a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner or Homeowners Association shall maintain this condition." Type I1 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.1 The sight line is depicted on the tentative map. The underlying property owner or Homeowners Association shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. 34. No more than 25 residential building permits (units) shall be issued within this subdivision until there are two circulation access roads installed. The first access point is Lapis Road. The second access shall either be made from Street "K" back to Alicante through CT 02-23 or made by Amber Lane to existing Zodiac Street through CT 02-21. Prior to exceeding 25 units, the circulation improvements must be completed to the satisfaction of the City Engineer and the Fire Marshal. FeedAgreements 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 36. 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. 37. Developer shall cause property owner or Homeowners Association to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed sight distance corridors as shown on the Tentative Map over lots 1,30,49, 57,58, 68, 71, 75,76 and 77. The deed restriction document shall be in a form acceptable to the City Engineer and shall: a. Clearly delineate the limits of the Caltrans sight distance lines and City sight distance corridors on a plat to be attached to the deed restriction; b. State that the sight distance corridor is to be maintained in perpetuity by the underlying property owner; and c. State that no objects such as along the sight distance corridor will not restrict, or PC RES0 NO. 5485 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 impede the ability of motorist at the intersection to identify approaching vehicles pursuant to Caltrans sight distance and City sight distance corridor standards. 38. Developer shall cause Owner to waive direct access rights on the final map for all lots having frontage on more than one street (corner lots or through lots). Grading 39. 40. 41. 42. 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 modi@ 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. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer for the rough grading of this project. Developer shall prepare, process and receive approval of precise grading plans to the satisfaction of the City Engineer. Developer shall either obtain a separate grading permit for these precise grading plans or include them with the rough grading permit. Dedications/Improvements 43. Developer shall cause Owner to dedicate 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 andor by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 44. 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. 45. 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 and the following improvements including, but not limited to street paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire PC RES0 NO. 5485 -12- I9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hydrants, street lights, storm water quality treatment devices and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a. The improvements shown on approved City of Carlsbad Drawing Numbers 397-2, 397-2D, 397-2F, 397-2G, 397-21, 397-2K, 397-2s or 397-2T (the “Improvements”) shall be substantially complete to the satisfaction of the City Engineer prior to the approval of the Final Map. If the Improvements have not been substantially completed to the satisfaction of the City Engineer, then the City Engineer may require additional security for the improvements, prior to the approval of the Final Map. b. Construct road, underground potable water, sewer, storm drain, and recycled water improvements for Amber Lane and Zodiac Street as shown on the Tentative Map. c. The offsite storm drain and water quality treatment devices (located within CT 02-20 and CT 02-24) that serves this project shall be installed and operational prior to the issuance of development permits for this subdivision. At the time of final design for this project, if these improvements are not yet completed, Developer shall design and post security for these offsite improvements to the satisfaction of 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. 46. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer 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 and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. c. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. PC RES0 NO. 5485 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants fiom storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 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; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to thl maximum extent practicable. provide calculations to verify numeric-sizing criteria is satisfied. d. e. f. g. Final Map Notes 48. Developer shall show on Final Map the gross and net acres for each lot. 49. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: a. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnifjr the City of Carlsbad fiom 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. Water 50. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. PC RES0 NO. 5485 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. 52. 53. 54. 55. 56. 57. 58. 59. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s1 prior to issuance of Building Permits. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer and the Planning Director. The Developer shall install potable water ar,d recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Developer shall install a total of 75 potable water meters (one for each lot) for the project and additional irrigation meters to irrigate the HOA maintained lots. The water system shall be installed in conformance with "The Water System Analysis for La Costa Greens CT 02-20 through CT 02-24" prepared by Dexter Wilson Engineering, Inc. dated June 12,2003, as approved by the District Engineer. The Developer shall meet with and obtain approval from the Leucadia County Water District regarding sewer infrastructure available or required to serve this project. Developer shall install a pressure reducing station on Zodiac Street at its existing westerly terminus, and all necessary potable water distribution lines, valves, fire hydrants, and appurtenances necessary to serve the water demands required by this project to the satisfaction of the District Engineer. Developer shall construct a looped waterline system to serve the potable and fire flow needs of this project. Developer shall post security for these improvements however; security for these improvements may be waived if these utility improvements have been installed to the satisfaction of the District Engineer. All backbone potable water infrastructure that serves this project must be installed prior to issuance of any development permits for this subdivision. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not the following: PC RES0 NO. 5485 -15- imited to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60. 61. 62. 63. 64. 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. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 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. 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 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 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. ... ... ... PC RES0 NO. 5485 -16- 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission. of the City of Carlsbad, California, held on the 15th day of October 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners, Dominguez, Segall, and Whitton NOES: Commissioners Montgomery and 'White ABSENT: Commissioner Heineman ABSTAIN: None Chairperson AD PLANNING COMMISSION ATTEST: MICHAEL J. HCK~MILLM - Planning Director PC RES0 NO. 5485 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5486 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT EAST OF ALICANTE ROAD AND LAPIS ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: VILLAGES OF LA COSTA GREENS CASE NO.: PUD 02-1 1 PUD 02-1 1 ON PROPERTY GENERALLY LOCATED NORTH- NEIGHBORHOOD 1.09 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 Being a subdivision of Lot 9 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 14543, filed in the Office of the County Recorder of San Diego County, February 12,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibits “A” - “L” dated October 15, 2003, on file in the Planning Department, VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.09 - PUD 02-1 1, as provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of October 2003, 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: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.09 - PUD 02-11, based on the following findings and subject to the following conditions: Find in gs : 1. That the proposed project complies with all applicable development standards included within Chapter 21.45, in that the project complies with the required development standards of the Villages of La Costa Master Plan such as lot width and area, and maximum number of residential lots. The project design conforms to all design and development standards applicable to the property. The development of single-family homes on minimum 6,000 square foot lots is consistent with the Villages of La Costa Master Plan and is compatible with adjacent existing and planned land uses. 2. That the proposed project’s density and site design are compatible with surrounding development, in that there is presently residential development to the east of the site which is similar in density and character. 3. All findings of Planning Commission Resolution No. 5485 for CT 02-22 are incorporated herein by reference. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a 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 modi@ all approvals herein granted; deny or hrther 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. 2. 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. 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 PC RES0 NO. 5486 -2- ad 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. 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 Planned Development 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) 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. 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 10 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 02-22 and is subject to all conditions contained in Planning .Commission Resolution No. 5485 for that other approval. This approval shall become null and void if grading permits are not issued for this project within 24 months of the date CT 02-22 is recorded as a final mag. Prior to the 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 Planned Unit Development by Resolution No. 5486 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 PC RES0 NO. 5486 -3- a7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest 13. Prior to the issuance of building permits a Major Planned Unit Development Permit Amendment shall be approved for the architecture and plotting of units. Approvals are also required for the RV storage area and the common recreation facility (Neighborhood 1.12) 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 “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 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 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. ... ... ... ... ... ... ... PC RES0 NO. 5486 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 15th day of October 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Segall, and Whitton NOES: Commissioner Montgomery and White ABSENT: Commissioner Heineman ABSTAIN: None nn R, Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. HOLZlhILLH Planning Director PC RES0 NO. 5486 -5- a9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMRIISSION RESOLUTION NO. 5487 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 42.9 ACRES INTO 82 RESIDENTIAL LOTS AND 6 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED NORTHEAST OF ALICANTE ROAD AND LAPIS ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASENAME: VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1 .OS APPROVAL OF CARLSBAD TRACT CT 02-23 TO CASE NO.: CT 02-23 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 Being a subdivision of Lot 9 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14543, filed in the office of the County Recorder of San Diego County February 13,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “Q” dated October 15, 2003, on file in the Planning Department VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.08 - CT 02-23, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of October 2003, 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: I L L C I t r I E S 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.08 - CT 02-23 based on the following findings and subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. 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 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 residential development or Open Space on the General Plan, in that the site has a General Plan designation of Residential Low Medium density (RLM) and surrounding properties are designated as Residential Low Medium density (RLM) and Open Space (OS). 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 all lot sizes and dimensions are consistent with the development criteria of the Villages of La Costa Master Plan and Title 20 of the Carlsbad Municipal Code. 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 is conditioned to obtain any easements required for the proposed project. 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. PC RES0 NO. 5487 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 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 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 fiom 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, and Villages of La Costa Master Plan based on the facts set forth in the staff report dated October 15, 2003 including, but not limited to the following: a. b. C. d. e. 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 does not exceed the number of units permitted in each neighborhood by the Villages of La Costa Master Plan. 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 the developer is required to construct affordable housing units consistent with the First Amended and Restated Affordable Housing Agreement (dated February 21,2003) approved for the Villages of La Costa Master Plan. The Villages of La Costa Greens affordable project will satisfy the inclusionary housing requirement for this project. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan EIR, and Villages of La Costa 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 Villages of La Costa Master Plan. Noise - A project specific noise study prepared for the tentative map identified an area requiring 4 ft. high noise walls and are shown on project plans in conformance with the recommendation of the noise study. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. PC RES0 NO. 5487 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 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 10 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, a. the project has been conditioned to provide proof from the Carlsbad Unified and San Marcos Unified School Districts 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 have been satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park. 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 2 1.90 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 10. 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 10 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). The Planning Director has determined that: a. the project is a(n) subsequent activity of the Villages of La Costa Master Plan for which a program EIR was prepared, and a notice for the activity has been -4- 33 PC RES0 NO. 5487 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and b. this project is consistent with the Master Plan cited above; and c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and f. the Planning Commission finds that all feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07 which are appropriate to this Subsequent Project have been incorporated into this Subsequent 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 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 fi-om 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. PC RES0 NO. 5487 -5- 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. 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 Carlsbad Unified and San Marcos Unified School Districts 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 10 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. 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. This approval is granted subject to the approval of MP 98-01(B) and is subject to all conditions contained in Planning Commission Resolution No. 5478 for that other approval is incorporated herein by reference. PC RES0 NO. 5487 -6- 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement dated February 21, 2003 between Real Estate Collateral Management Company and the City of Carlsbad 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 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 by 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 andor 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. PC RES0 NO. 5487 -7- 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. e. f. €5 h. 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 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 andor to pursue lien foreclosure procedures against any Owner and hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit Invasive/exotic species not to be used include those listed on Lists A and B of the “Exotic Plants of Greatest Ecological Concern in California” adopted by the California Exotic Pest Plan Council, October, 1999. HCP/OMSP Educational Material: Exhibit and sensitivity of the conserved habitat areas and ways to avoid impact to them. describes the importance LightinP Restrictions on Private Residential Lots: Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set forth in Exhibit 16. 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 10, 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. PC RES0 NO. 5487 -8- 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 24. 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. 5487 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. Developer shall dedicate on the final map, an open space easement for those portions of lots 83 through 88 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, -walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibit “B.” 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). 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 PC RES0 NO. 5487 -9- 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. 26. 27. 28. is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Developer shall post aircraft noise notification signs in all sales andor rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Removal of native vegetation and development of Open Space Lot(s) 83 through 88, 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 re-vegetation program, landscape plan, etc.) as shown on Exhibit “B” 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 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 City’s Sign Ordinance and Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. Prior to the issuance of building permits, a Site Development Plan shall be approved by the Planning Commission for the architecture and plotting of units. Engineering General 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 for the proposed haul route. 30. 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. 31. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private improvements that serve this subdivision: entry median hardscape/landscape/irrigation, street trees, concrete drainage swales, and storm water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. PC RES0 NO. 5487 -10- 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. 33. 34. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors (see below 13r types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&R's). Type I "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 a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner or Homeowners Association shall maintain this condition." Type I1 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.1 The sight line is depicted on the tentative map. The underlying property owner or Homeowners Association shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. No more than 25 residential building permits (units) within this subdivision shall be issued until there are two circulation access roads installed. The first access point is Street K connecting to Alicante Road. The second access shall be made by extending Street K to Lapis Road through CT 02-22 connecting back to Alicante Road. Prior to exceeding 25 units, the circulation improvements must be completed to the satisfaction of the City Engineer and the Fire Marshal. FeedAgreements 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 36. 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. 37. Developer shall cause property owner or Homeowners Association to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed sight distance corridors as shown on the Tentative Map over lots 1, 4, 9, 31, 39, 47, 52, 53, 62, 63 and 82. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the Caltrans sight distance lines and City sight distance corridors on a plat to be attached to the deed restriction; PC RES0 NO. 5487 -1 1- 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. C. State that the sight distance corridor is to be maintained in perpetuity by the underlying property owner; and State that no objects such as along the sight distance corridor will not restrict, or impede the ability of motorist at the intersection to identify approaching vehicles pursuant to Caltrans sight distance and City sight distance corridor standards. 38. Developer shall cause Owner to waive direct access rights on the final map for all lots having frontage on more than one street (corner lots or through lots). Grading 39. 40. 41. 42. 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 modi@ 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. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall apply f0.r and obtain a grading permit from the City Engineer for the rough grading of this project. Developer shall prepare, process and receive approval of precise grading plans to the satisfaction of the City Engineer. Developer shall either obtain a separate grading permit for these precise grading plans or include them with the rough grading permit. DedicationsDmprovements 43. Developer shall cause Owner to dedicate to the City andor 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 and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 44. 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. PC RES0 NO. 5487 -12- 4/ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 45. 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 and the following improvements including, but not limited to street paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, storm water quality treatment devices and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a. The improvements shown on approved City Of Carlsbad Drawing Numbers 397-2, 397-2D, 397-2F, 397-2G, 397-21, 397-2K, 397-28 OR 397-2T (the “Improvements”) shall be substantially complete to the satisfaction of the City Engineer prior to the approval of the Final Map. If the Improvements have not been substantially completed to the satisfaction of the City Engineer, then the City Engineer may require additional security for the improvements, prior to the approval of the Final Map. b. Construct road, underground potable water, sewer, storm drain, and recycled water improvements for Lapis Road as shown on the Tentative Map. 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. 46. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer 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 and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. c. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. . PC RES0 NO. 5487 -13- 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. Identify-existing and post-development on-site pollutants-of-concern; Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 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; Ensure long-term maintenance of all post construct BMPs in perpetuity; Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable; and Provide calculations to verify numeric sizing criteria is satisfied. d. e. f. g. Final Map Notes 48. Developer shall show on Final Map the gross and net acres for each lot. 49. Notes to the following effects shall be placed on the map as non-mapping data: A. Geotechnical Caution: 1. 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. Water 50. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. PC RES0 NO. 5487 -14- 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieao County Water Authority capacity charne(s1 prior to issuance of Building Permits. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer and the Planning Director. The Developer shall install potable water and recycled ‘water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate sewer and water facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. The water system shall be installed in conformance with “The Water System Analysis for La Costa Greens CT 02-20 through CT 02-24” prepared by Dexter Wilson Engineering, Inc. dated June 12,2003, as approved by the District Engineer. Developer shall install a total of 82 potable water meters (one for each lot) for the project and additional irrigation meters to irrigate the HOA maintained lots. Developer shall install a pressure reducing station near the intersection of Street 66K” and Street ‘(QQ” including all necessary potable water distribution lines, valves, fire hydrants, and appurtenances necessary to serve the water demands required by this project to the satisfaction of the District Engineer. Developer shall construct a looped waterline system to serve the potable and fire flow needs of this project. All backbone potable water infrastructure that serves this project must be installed prior to issuance of any development permits for this subdivision. Developer shall construct a public sewer line from the easterly terminus of Street “RR” to the subdivision boundary to ensure that the La Golandrina pump station may be taken out of service. The horizontal alignment and vertical profile of the sewer stub shall be designed and constructed to the satisfaction of the District Engineer. PC RES0 NO. 5487 -15- 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 61. 62. 63. 64. 65. 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. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 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. 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 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. ... PC RES0 NO. 5487 -16- it5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of October 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Segall, and Whitton NOES: Commissioner Montgomery and White ABSENT: Commissioner Heineman ABSTAIN: None AKER, Chairperson ChUSfBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLmILLEw Planning Director PC RES0 NO. 5487 -17- EXHIBIT 5 The City of Garlsbad Planning Department P.C. AGENDA OF: October 15,2003 A REPORT TO THE PLANNING COMMISSION Application complete date: March 18,2003 Project Planner: Christer Westman Project Engineer: Bob Wojcik SUBJECT: CT 02-22/PUD 02-ll/CT 02-23 - VILLAGES OF LA COSTA - GREENS NEIGHBORHOODS 1.09 AND 1.08 - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and 1) a recommendation of approval for a Tentative Tract Map and Planned Development Permit for 75 residential lots and 2 open space lots for Neighborhood 1.09; and 2) a recommendation for approval of a Tentative Tract Map for 82 residential lots and 6 open space lots for Neighborhood 1.08. The project sites are located east of Alicante Road, north of Alga Road and south of Poinsettia Lane in Local Facilities Management Zone 10. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5485, 5486 and 5487 RECOMMENDING APPROVAL of Tentative Tract Map CT 02-22, Planned Unit Development PUD 02-1 1, and Tentative Tract Map CT 02-23 based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project consists of two tentative tract maps within the La Costa Greens area of the Villages of La Costa Master Plan. Neighborhood 1.09 contains 25.3 acres and will be subdivided into 75 residential lots with a minimum lot size of 6,000 square feet and 2 open space lots. A Planned Development Permit is required for this neighborhood since the proposal includes lots less than 7,500 square feet. Neighborhood 1.08 contains 42.9 acres and will be subdivided into 82 residential lots with a minimum lot size of 7,5 1 1 square feet and 6 open space lots. Architectural plans for the residences are not proposed at this time and will require approval at a future date of a Planned Development Permit Amendment for Neighborhood 1.09 and a Site Development Plan for Neighborhood 1 .OS. The project complies with City standards and all necessary findings can be made for the approvals being requested. Both neighborhoods require approval by the City Council since the subdivisions each contain more than 50 residential lots. 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. CT 02-22RUD 02-1 l/CT 02-23 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1.08 October 15,2003 Master Plan Area Neighborhood 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 used. Master Tentative Tract Map CT 99-03 sibdivided the area into open space areas and established the neighborhood development area boundaries. A final map has been recorded for the La Costa Greens area. Plans for mass grading and circulation element roadway improvements have been approved. This mass grading is currently underway, as well as the roadway improvements of Poinsettia Lane and Alicante Road. Residential Minimum Lot Lots Size Required Permitted Project Description 1.09 The sites are located south of Poinsettia Lane on the east side of Alicante Road within the Villages of La Costa Master Plan and the Zone 10 Local Facilities Management Plan. Development of the neighborhoods requires further subdivision of the large neighborhood planning area lots created by Master Tentative Tract Map CT 99-03, along with finish grading for the site and infrastructure improvements. Neighborhood 1.09 is bordered on the west by Alicante Road, Neighborhood 1.10 and the La Costa Golf Course to the west, Neighborhood 1.08 to the north, and Neighborhood 1.12 to the south. Neighborhood 1.08 is also located east of Alicante Road and is separated from Poinsettia Lane on the north by an open space lot. by the MP 25.3 74 6,000 sq.ft. The proposed project includes a number of applications as summarized below in Table 1. In addition to the discretionary actions, a Minor Master Plan Amendment MP 98-01(B), pursuant to Section 2.5.2 of the Villages La Costa Master Plan is being processed to adjust the numbers of residential lots shown in the Master Plan for each neighborhood within the Greens Village to be consistent with the numbers of lots proposed by these tentative maps. Action taken on the maps will be contingent on the action taken on the Minor Master Plan Amendment. 1.08 Application Number CT 02-22/ PUD 02-1 1 CT 02-23 acres 42.9 87 7,500 sq.ft. I acres I I JS Number of Lots Proposed 75 residential/ 2 open space 82 residential/ 6 open mace Along with the proposed Tentative Tract Maps, a Planned Development Permit is required by the Master Plan for Neighborhood 1.09 to allow for lots less than 7,500 square feet. The architectural plans and plotting for the subdivisions also require discretionary approval, however, the Master Plan allows this review to be postponed to a future date. To determine compliance with the provisions of the Master Plan for plotting and architecture, an amendment to the Planned Development Permit (PUD 02-1 1) will be required for Neighborhood 1.09 and a Site Development Plan (SDP) will be required for Neighborhood 1.08. CT O2-22PUD 02-1 1/CT 02-23 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1.08 October 15,2003 ELEMENT Land Use Housing IV. ANALYSIS USE, CLASSIFICATION, PROPOSED USES & COMPLY GOAL, OBJECTIVE OR IMPROVEMENTS PROGRAM Site is designated for RLM at Single-family lots at 2.96 to Yes 0.0-4.0 ddac. 1.91 ddac * Provisions of affordable The Master Plan includes Yes housing two affordable sites, one of which has already received SDP amroval. The project is subject to the following plans, ordinances and standards: A. B. C. D. E. Residential Low-Medium Density (RLM) General Plan Land Use Designation; Villages of La Costa Master Plan (MP 98-01); Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code); Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and Growth Management Regulations (Zone 10 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 Villages of La Costa Master Plan limits the maximum number of dwelling units for each neighborhood. The density in Neighborhood 1.09 is 2.96 ddac with 75 units proposed. This subdivision is contingent upon approval of the Minor Master Plan Amendment (MP 98-02(B)), because one residential lot is being added to the neighborhood. Neighborhood 1.08 has a density of 1.91 ddac with 82 units proposed. The average density of all neighborhoods throughout the Greens is 2.70 ddac. Neighborhood 1.08 is not contingent upon approval of the Minor Master Plan Amendment because it is proposed with 5 fewer residential lots than shown in the Master Plan. The Villages of La Costa Master Plan was found to comply with all applicable General Plan Goals, Objectives and Policies including the Housing Element. 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. CT 02-22PUD 02-1 1/CT 02-23 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1 .os October 15,2003 ELEMENT Open Space & Conservation Noise Public Safety Circulation * The density calc TABLE 2 - 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. lations for the Villages of La Costa It ZOMPLIANCE, CONTINUE 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 neighborhoods identified in the plan are included. Project specific noise studies for each tentative map identified areas along Alicante Road in Neighborhood 1 .OS that will require 5.5-foot high noise barriers. The project includes measures such as fire suppression zones. The project will construct public streets needed to serve the development. jter Plan were based on the whole M COMPLY Yes Yes Yes Yes Yes iter Plan area. The units were then distributed among the neighborhoods and the description of each neighborhood contains the maximum allowable units. Since the proposed number of units within each Neighborhood will not exceed the number identified in the Master Plan, provided the Minor Master Plan Amendment is approved, the density of the subject neighborhoods is consistent with the General Plan. B. Villages of La Costa Master Plan (MP 98-01(B)) The project is within the La Costa Greens 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 be implemented. A Minor Master Plan Amendment is necessary to accompany these applications because one more residential lot is proposed in Neighborhood 1.09 than is shown in the Villages of La Costa Master Plan. The one residential lot is available for transfer since other neighborhoods within the Master Plan are being proposed with fewer residential lots than shown in the Master Plan. Details of the residential lot transfers are described in the Planning Commission report for MP 98-01 (B). 50 CT 02-22PUD 02-1 1/CT 02-23 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1208 October 15,2003 Pane 5 TABLE 3 - VILLAGES STANDARD 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 Unit Development Amendment for Neighborhood 1.09 and a Site Development Plan for Neighborhood 1.08. The project OF LA COSTA MASTER PLAN REQUIREMENTS 4 !4 ft. landscaped parkways REQUIRED PROPOSED . 4 $4 to 7 % ft. wide landscaped City wide and Master Plan trails as shown in the La Costa Greens Trail and Recreation Street Standard and sidewalk. Required trails are shown on the approved master tentative map on the west side of Trail System Plan (Exhibit 5-5) Compliance with the land- Village Landscape Concept & Palette Alicante Road. The Conceptual Landscape Signs varieties Compliance with the design Affordable Housing comply with the Master Plan. Signs comply in design and Village Theme Walls neighborhood entry signs ~~ between the curb and sidewalk I parkways between the curb the Master Plan. units in the Master Plan are to be affordable - satisfied through the construction of two multi- family rental apartment projects. The SDP for the 1 SO-unit La Costa Greens scape theme tree and plant I Plans have been found to and location requirements for I location with Section 4.9.2 of apartment project has been approved allowing for final maps for a total of 1,020 market-rate units anywhere in I the Master Plan. ~~ Required along arterial streets I Wall design and locations are and major collectors I shown as part of the I conceDtua1 landsca~e Dlans. The Master Plan designates Neighborhoods 1.09 and 1 .OS for single-family detached homes. The minimum lot size and width for each neighborhood will be evaluated in the Subdivision Section of this report. The pad elevations proposed on the tentative tract maps substantially conform with the conceptual grading and lotting study included in the Master Plan. The Master Plan includes special provisions applicable to specific neighborhoods. The special provisions applicable to Neighborhood 1.09 include noise attenuation along Alicante Road if required by a noise analysis, provision of a common recreation facility in Neighborhood 1.12, landscaping and lighting compatibility with adjacent open space lots l.E and 1.F, and the provision of a Fire Protection Zone. CT 02-22/PUD 02-1 l/CT 02-23 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1.08 October 15,2003 STANDARD Visitor Parking Page 6 Permitted or Required Proposed 22 spaces required (5 sp/l 0 du + 1 sp/4 du) Adequate parking is provided on the adjacent local streets as permitted by the Master Plan. A noise analysis was conducted and noise attenuation is not required for lots along Alicante Road in Neighborhood 1.09. A common recreation facility is proposed immediately to the south of Neighborhood 1.09 in Neighborhood 1.12. The application for the recreation facility has been reviewed by staff and is pending a public hearing before the Planning Commission. Neighborhood 1.09 includes a condition that the recreation facility must be completed and ready for use prior to occupancy of the 38th dwelling unit. Landscaping is proposed on manufactured slopes contiguous to Open Space lots. The type of landscaping shown is a mixture of “naturalizing” shrubs and ground cover. No lighting is proposed other than street lights. Fire zones meeting the standards of City of Carlsbad Landscape Manual are identified on the conceptual landscape plans. The special provisions applicable to Neighborhood 1.08 focus on noise and landscape and lighting compatibility with adjacent open space lots 1 .C and 1 .D. Landscaping is proposed on manufactured slopes contiguous to these Open Space lots. The type of landscaping shown is a mixture of “naturalizing” shrubs and ground cover. No lighting is proposed other than street lights. Noise attenuation is required for lots along Alicante Road. The acoustical site assessment prepared by Investigative Science and Engineering Inc. recommends a noise wall no less than 4 feet in height. Solid masonry walls that are 5.5 feet in height are proposed along the Alicante Road frontage. C. Planned Development Regulations The Villages of La Costa Master Plan contains development standards for a variety of lot sizes and product types. Generally, lots with a minimum lot size of 7,500 square feet or greater are not required to comply with the Planned Development standards. However, Neighborhood 1.09 has lots a minimum lot size of 6,000 square feet and therefore requires approval of a Planned Unit Development. Certain Master Plan standards differ from those adopted in Municipal Code Chapter 21.45 (the Planned Development Ordinance). The Master Plan provides that the Planned Development Ordinance shall be used unless otherwise modified in the Master Plan. No dwelling units are proposed with these tentative maps. Therefore, compliance with the Planned Development and Master Plan regulations will be limited to those that are applicable only to the subdivision of the property. Table 4 demonstrates the project’s compliance with the required standards. CT 02-22/PUD 02-1 1/CT 02-23 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1.08 October 1 5,2003 STANDARD Permitted or Required Recreational 20 sq. ft./du Vehicle Storage Common Provide in Neighborhood 1.12 Recreation Area Minimum Lot Size Minimum Lot 50 ft. Width 6,000 sq. ft. Proposed A common Master Plan facility to be provided in Neighborhood 1.2 prior to occupancy of any Neighborhood 1.09 residences. Proposed in Neighborhood 1.12. Currently in process as CUP 03-16. 2 6,000 sq. ft. min. 2 50 ft. D. Subdivision Ordinance City Administration Librarv 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. 545.84 sq. ft. Yes 291.12 sa. ft. Yes The project is consistent with and satisfies all requirements of the General Plan, the Villages of La Costa Master Plan and Title 2 1. The required lot sizes for Neighborhoods 1.09 and 1.08 are 6,000 and 7,500 square feet, respectively. Each of the proposed residential lots meets the applicable minimum lot area and lot width required by the Master Plan. Waste Water Treatment Parks Drainage The developer will be required to offer various dedications (e.g., drainage easements, street right-of-way) and install street lights and utility improvements, including but not limited to curbs, gutters, sidewalks, landscaping, street trees, sewer facilities, drainage facilities, fire hydrants, and street lights. 157 EDU Yes 1.09 acres Yes Basin D Yes E. Growth Management The two subdivisions are located within Local Facilities Management Zone 10 in the southeast quadrant of the City. The impacts on public facilities created by the two subdivisions, and their compliance with the adopted performance standards, are summarized in Table 5 below. TABLE 5 - GROWTH MANAGEMENT COMPLIANCE I STANDARD I IMPACTS I COMPLIANCE I CT 02-22/PUD 02-1 1/CT 02-23 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1.08 October 15,2003 STANDARD Circulation IMPACTS COMPLIANCE 1.570 ADT Yes Fire Open Space Schools Sewer Collection System Water As proposed, Neighborhood 1.09 is 1 unit above the dwelling unit allowance of the current Villages of La Costa Master Plan and Neighborhood 1.08 is 5 units below the dwelling unit allowance of the current Villages of La Costa Master Plan. Upon approval of MP 98-01(B), the maximum residential unit allowance in Village 1.09 will be 75 and in Village 1.08 will be 83. - Station No. 2 & 5 Yes Provided pursuant to the HCP Yes San Marcos and Carlsbad Yes Unified Elementary - 36 students Middle School - 10 students High School - 9 students 157 EDU Yes 34,540 GPD Yes Therefore, upon approval of MP 98-OI(B), as proposed, Neighborhood 1.09 is at the Villages of La Costa maximum dwelling unit allowance and Neighborhood 1.08 is 1 unit below the Villages of La Costa Master Plan dwelling unit allowance. Pursuant to Section 2.5.2 of the Villages of La Costa Master Plan, the remaining unit may be allocated to a future neighborhood within the Greens. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared initial studies for the projects and concluded that no potentially significant impacts would result with the implementation of the projects that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master Plan MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential environmental effects of the development and operation of the “Villages of La Costa Master Plan” and associated actions inclusive of the proposed planning area 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. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-07 applicable to the proposed Planning Area 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 noise walls where appropriate. The EIR 98-07 “Findings of Fact 54 CT 02-22PUD 02-1 1/CT 02-23 - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.09 AND 1.08 October 15,2003 Pane 9 and Statement of Ovemding Considerations” applies to all subsequent projects covered by the Villages of La Costa Master Plan 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 total number of Master Plan units evaluated in ER 98-07 will not be increased. 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. Planning Commission Resolution No. 5485 (CT 02-22) Planning Commission Resolution No. 5486 (PUD 02-1 1) Planning Commission Resolution No. 5487 (CT 02-23) Location Map Background Data Sheet Local Facilities Impacts Assessment Form Disclosure Statement La Costa Greens Development Plan Reduced Exhibits Full Size Exhibits “A” - “L,” dated October 15,2003 (CT 02-22PUD 02-1 1) Full Size Exhibits “A” - “Q,” dated October 15,2003 (CT 02-23) CW:bd:mh BACKGROUND DATA SHEET CASE NO: CT 02-22PUD 02-1 1 and CT 02-23 CASE NAME: VILLAGES OF LA COSTA: GREENS NIEGHBORHOODS 1.09 AND 1.08 APPLICANT: MORROW DEVELOPMENT REQUEST AND LOCATION: Request for a determination that the proiect is within the scope of the Dreviously certified Villages of La Costa Proqam EIR 98-07 and that the Program ELR adequately describes the activity for the purposes of CEOA; and 1) a recommendation of apDroval for a Tentative Tract Map and Planned Development Permit for 75 residential lots and 2 open space lots for Neighborhood 1.09; and 2) a recommendation of approval of a Tentative Tract Map for 82 residential lots and 6 open space lots for Neighborhood 1.08. The proiect sites are located east of Alicante Road, north of Alga Road 'and south of Poinsettia Lane in Local Facilities Management Zone 10 LEGAL DESCRIPTION: La Costa Greens Neighborhoods 1.09 and 1.08. being a subdivision of Lots 9 and 8 respectively of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego. State of California, according to map thereof No. 14543, filed in the office of the County Recorder of San Diego County February 12,2003 APN: 215-030-14 Acres: 68.2 Proposed No. of LotsAJnits: 165 lotdl57 units GENERAL PLAN AND ZONING Land Use Designation: RLM Density Allowed: 0-4 Density Proposed: 2.70 Existing Zone: P-C Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning Site PC General Plan Current Land Use RLM North PC RLM Vac anUGr aded VacanUGraded South PC RLM VacanUGraded East PC RLM West PC RLM Residential VacanVGraded PUBLIC FACILITIES School District: San Marcos Water District: Carlsbad Sewer District: Leucadia County Equivalent Dwelling Units (Sewer Capacity): 157 ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued Certified Environmental Impact Report, dated October 23,2001 (EIR 98-07) 0 Other, 56 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: Greens Neighborhoods 1.09 and 1 .OS LOCAL FACILITY MANAGEMENT ZONE: 10 GENERAL PLAN: RLM ZONING: PC DEVELOPER’S NAME: Morrow Development ADDRESS: 1903 Wright Place, Suite 180, Carlsbad CA 92008 PHONE NO.: (760) 929-2701 ASSESSOR’S PARCEL NO.: 215-030-14 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 68.2 acres/ 157 du A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Library: Wastewater Treatment Capacity Park: Drainage: Circulation: Fire: Open Space: Schools: Sewer: Water: Demand in Square Footage = Demand in Square Footage = 545.84 sq.ft. 291.12 sq.ft. 157 edu 1.09 acres Demand in Acreage = Demand in CFS = Identify Drainage Basin = “D” Demand in ADT = 1,570 Served by Fire Station No. = Acreage Provided = per HCP San Marcos Unified Elementary: 36 2 and 5 Middle: 10 High: 9 Demands in EDU 157 edu Identify Sub Basin = Demand in GPD = 34,540 CT 02-22 is 1 unit above the Villages of La Costa Master Plan dwelling unit allowance and CT 02-23 is 5 units below the Villages of La Costa Master Plan dwelling unit allowance. 57 - City of Carlsbad DISCLOSURE STATEMENT Applicant's statement or disclosure of certain Ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee, The following information MUST be disclosed at the time of application submittal. Your project.cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joht venture, association, social club, hternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" benb may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEG& names and addresses of persons having a financial interest in the application. If the applicant includes a Fornoration or Dartnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE T" 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned cornorationA include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Fred M. Arbuckle corp~art Morrow Development Title President Title Address 1903 Wright Place, suite 180 Address 1903 Wright Place, Suite 180 OWNER (Not the owner's agent) Provide the COM PLETE. L EG& names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a cornoration or DartntrshiD, 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 @/A) IN THE SPACE BELOW. If a gubliclv- owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate Carlsbad, CA 92008 Carlsbad, CA 92008 2. page may be attached if necessary.) Real Estate Collateral Management Title Title Address Address 1903 Wright Place, Suite 180 Carlsbad, CA 92008 % 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 6024600 FAX (760) 602-8559 3. NON-PROFIT OhuANIzATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonmo fit 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. Non Profiflust Non ProfiVTrust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees andor Council within the past twelve (12) months? 0 Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correc "2- Signature of ownerldate David A. Watts Print or type name of owner Fred M. Arbuckle, President of Morrow Development Print or type name of applicant Signature of owner/applicant's agent if applicablddate Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 REAL ESTATE COLLATERAL MANAGEMENT COMPANY CERTIFICATE OF INCUMBENCY I, L. S. Mattenson, the Secretary of Red Estate Collateral Management Company, a Delaware corporation, certify that the persons named below are officers of this corporation, holding the ofices set forth opposite their names, and that their appointments have not been cancelled as of the date hereof. L. C. Klug President D. A. Watts Vice President T. P. Shanley . Vice President Dated: December 14,200 1 A law\hcfs\LaCosta\RECMincumb.cert SECRETARY’S CERTIFICATE OF REAL ESTATE COLLATERAL MANAGEMENT COMPANY THE UNDERSIGNED, the Secretary of Real Estate Collateral Management Company, a Delaware corporation (the ”Corporation”), does hereby certify that the following is a true and correct copy of the resolutions adopted by the unanimous written consent of the Board of Directors of the Corporation on December 12,2001 and the same are in full force and effect as of the date hereof: RESOLVED, that the Corporation is hereby authorized to enter into all agreements, indentures, mortgages, deeds, conveyances, licenses, permits, transfers, contracts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts, affidavits, bonds in an aggregate amount of up to One Hundred and Thirty Million Dollars ($130,000,000), undertakings, proxies and other instruments or documents required or deemed necessary by an Authorized Officer to be delivered in connection with the development of the property owned by the Corporation and the project known as thee Villages of La Costa. FURTHER RESOLVED, that the President or any Vice President of the Corporatior, (the “Authorized Officers”) are hereby authorized and directed to execute and deliver on behalf of the Corporation any documents and instruments necessary or appropriate to effectuate and to perform such other acts as may be deemed necessary and proper to effectuate the intent and purposes of the foregoing resolution. FURTHER RESOLVED, the Corporation does hereby ratify and confirm all actions thai have been taken in conjunction with the foregoing resolutions as of the date hereof. IN WITNESS WHEREOF, I have hereto set my hand on this 14‘h day of December, 2001. Secre taaf’’ * Potential School Location NOTE. THE AVERAGE LOT SIZE IS LARGER IN EACH NEIGHBORHOOD THAN THE MINIMUM LOT SIZES SHOWN ABOVE. VILLAGES OF LA COSTA DEVELOPMENT PLAN Page 5-3 THE GREENS ($ 3 a > a \ I- I- c: C C - 5 c: . n n C I- C I I u: L. :/. LI 2 I i', -. . . *- 'c 'c C C C - 6 C C C C I- C 00 T 6 0 . .. T T I c C C - iz c: \ c c C I- C m Q 0 W + 0 Y 8 \ \ P .. - .. ~ r. -. 7 7 C C I t C C C C t ( ! I- ,/" I. U" =I 2- a 5 ? R S 73 T T C C L - c C C C C I. C L. .-. -. a L =! > I' \ 'C C C C k c I I I I I I -.. i > , 6 L. 83 m , I $1,' f r' P 6 U. .. I 'C C C C 1 C I I L. N sl\ 8 E A > , .. P 83 7.. Q C C C I- C , 8 5 c\ C !- c I 1 I I I 1 I' I! I I! .. _- r rl? 1. .. c .' % F W Y t P < I- 5 a Planning Commission Minutes EXHIBIT 6 Page 17 DRAFT October 15, 2003 6. CT 02-22/PUD 02-11ICT 02-23 - VILLAGES OF LA COSTA - GREENS NEIGHBORHOODS 1.09 AND 1.08 - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and 1) a recommendation of approval for a Tentative Tract Map and Planned Development Permit for 75 residential lots and 2 open space lots for Neighborhood 1.09; and 2) a recommendation for approval of a Tentative Tract Map for 82 residential lots and 6 open space lots for Neighborhood 1.08. The project sites are located east of Alicante Road, north of Alga Road and south of Poinsettia Lane in Local Facilities Management Zone 10. Mr. Neu introduced Item 6 and stated that Senior Planner, Christer Westman, assisted by Associate Engineer, Clyde Wickham would make the presentation. Chairperson Baker opened the public hearing on Item 6. Senior Planner, Christer Westman, presented the Staff Report stating that La Costa Greens Neighborhood 1.09 south of 1.08 has approximately 25 acres with 75 single-family lots and two open space lots. The Master Plan allows a minimum of 6,000 sq ft lots. The average lot size, however, is larger than that. Planning area 1.08 has approximately 43 acres with 82 single-family lots and six open space lots, with minimum lot sizes of 7,500 sq ft. The policies that apply, similar to the other applications, are the Villages of La Costa Master Plan Subdivision Ordinance, Planned Development Ordinance, and Growth Management for Zone 10 lnclusionary Housing. This project falls within the scope of the Program EIR, which was adopted for the Villages of La Costa. Commissioner White asked about the division of school districts in Neighborhood 1.08 as the Staff Report stated that this neighborhood belonged to both the San Marcos and the Carlsbad School Districts. Mr. Westman confirmed that that was correct, there are two school districts within this Planning Area and he indicated the boundaries on the map. Chairperson Baker asked what the formula was for this determination. Mr. Westman stated that he did not have the breakdown at that time, but it is typically a fraction per unit. Chairperson Baker asked what happens when the dividing line goes right through a lot. Mr. Arbuckle stated that the line for the school district boundary was established historically and did not consider road circulation patterns or grades. It was essentially a legal parcel line. He stated that they had been in discussions with both the San Marcos Unified School District and the Carlsbad Unified School District, both of whom are adamant about their boundaries. In recent conciliatory talks, they believe that the road will serve as the boundary between the two districts. Those homes on the north side of those roads will go to Carlsbad, and those on the south side of the road will go to San Marcos. Commissioner Segall asked if they couldn’t take the integrity of a neighborhood into consideration and negotiate with the school districts to designate this community, even though part of it is in one district, to be assigned to District A and somewhere else in the development take another neighborhood and assign it to District B. Mr. Arbuckle noted that neither the City nor a builder has jurisdiction over the school districts. He stated that they did pose that question to the school districts, but were denied, as each school district defended their boundaries and would not relinquish those 20 homes. There is a potential school site on Poinsettia and the Carlsbad School District would need more homes to fill up the classrooms to operate the school efficiently. Mr. Arbuckle stated that there would be no way to give back these 20 homes from their development. Commissioner Segall observed that kids would be able to walk to the Carlsbad Unified from this Planning Area, but if they lived in San Marcos, they would have to go to Carrillo or somewhere else. Mr. Arbuckle stated that they would have to go to La Costa Meadows, and for Junior High School, they would go to San Elijo Hills. Chairperson Baker asked if the formula was six-tenths of a kid per unit. Mr. Arbuckle stated that it varies from district to district and depends on the type and price points of the homes. Generally, the rule is about 2.7 to 3.5 elementary school kids per household, with an additional three-tenths of a kid per household going to middle or high school. Mr. Westman stated that background data used by the school districts indicated that there would be 23 elementary school kids in these 20 homes. Commissioner White disagreed stating that Mr. Arbuckle’s numbers were more likely correct as these 3,900 sq ft homes 93 Planning Commission Minutes October 15, 2003 Page 18 would have 3-5 bedrooms. She stated that she believed there would be 12-1 5 children in 20 homes. Mr. Arbuckle commented on the way that the school districts calculated projections for attendance from future development. In Carlsbad, they likely use six-tenths of a kid for both elementary and high school projections. Ms. Mobaldi reminded the Planning Commission that the focus was on the Tentative Tract Map and the Planned Unit Development Ordinance, which has nothing to do with school districts. She emphasized that Mr. Arbuckle had no jurisdiction regarding the school districts and could not effectively address that issue. Chairperson Baker responded that it was an issue that should be considered in any planned area and she felt that the Planning Commission did have an obligation to create a neighborhood. Mr. Arbuckle stated that he would be willing to speak with Superintendent Ernst. Chairperson Baker stated that she had spoken with Mr. Freeman, but that the Board would not budge on the issue. She expressed her distress about the split school districts and the best interests of this community. Commissioner Segall asked Ms. Mobaldi if it was inappropriate for the Planning Commission to make a recommendation on the school issue. Ms. Mobaldi advised that it really was out of their jurisdiction. Commissioner White countered that the Commission was in fact examining the lay-out or the plotting of lots, which was perfectly appropriate. She reasoned that the applicant was responsible for deciding to have lots that cross school districts. She acknowledged the constraints to the developer in terms of habitat management and traffic, but the design of the lots in this neighborhood was what was under scrutiny. She expressed her distress that this neighborhood was set up to cross a school boundary, as she felt it destroys the integrity of the neighborhood. She remarked that the mixing of the school district boundaries and the developments in the neighborhoods has been one of the main complaints in the southeast quadrant. Mr. Arbuckle responded that they considered many criteria in laying out the lots. He stated that there were 20 lots in La Costa Oaks not too different than the Greens that extended into San Marcos School District. The Master Plan was approved. They were able to negotiate with the Encinitas and San Marcos School Districts to adjust the boundaries or do an interjurisdictional transfer in order to put all the kids in the same school. An interdistrict transfer could occur in this neighborhood as well. He stated that they had to respect the environment and the circulation issues as the primary issues. He stated that they would make every attempt they could to move that line. Commissioner Whitton suggested that this was a matter that was beyond the Planning Commission, but deserved to note that the Commission was concerned about it and was perhaps the City should address with the school district. Chairperson Baker opened public testimony and invited those who would like to speak to the podium. Dr. Nora La Corte, 2507 La Golondrina Street, Carlsbad, stated that she thought this was a nice development and that the developer really did want to be a good neighbor. She commented that even through there is no view preservation ordinance in Carlsbad, those are premium lots and people are paying for the views whether they are preserved or not. She stated that their view corridor was to the southwest and is hoping that it will remain so. She felt that the demographics of the area with many of the residents being older would warrant more than 20% single-story homes. She stated that she has had a great deal of difficulty breathing because of the dust from the project. She has been confined to her house with the air conditioning on. She requested that more water trucks be added so that she can breathe. She asked if the pond would be replaced in the same place it was removed from. Chairperson Baker closed the public testimony. Mr. Arbuckle reiterated that the pond would be replaced. Mr. Westman stated that the homes that have the pad elevations that are the highest are in Neighborhood 1.09 in the southwestern corridor. Those are approximately 43 ft. below the pad of the homes on La Golondrina. He stated that view impairment should not be a major issue. Chairperson Baker asked how much longer the grading would be going on. Mr. Wickham responded that they expected the grading to be done within two months. Then, there would be fine grading for the Planning Commission Minutes October 15,2003 Page 19 precise pads. They are trying to expedite the plan checking in order to finish all the grading completely by February. He stated that he would speak to the inspector about dust control. Mr. Arbuckle added that it would be March or April before they were completely finished grading depending on how many days would be lost to rain. Cqmmissioner Segall asked how the pond would be replaced. Mr. Arbuckle stated that they try to find suitable soil for it. They use a plastic or concrete mix liner to create a solid bottom. Then it is filled from a hose. It has a recirculating pump and a filter system without chlorine. Historically, the pond has been fed from the existing community to the east. That will be picked up into a storm drain and diverted around the lake so that the quality of the lake is not impeded. Commissioner Dominguez asked Mr. Arbuckle to clarify the location of the pond. Mr. Arbuckle stated that there had been a large and a small pond on the site. The large pond will be reconstituted, but the smaller one to the north will be lost. DISCUSSION Commissioner White stated that she was seriously concerned about the school district boundaries in Neighborhood 1.08. She added that she felt it was very important for students across the street from each other to go to the same district or school. It builds community within the neighborhood. She stated that she did not understand how this issue had passed the Master Plan. Commissioner Whitton stated that he supported the plan. Commissioner Dominguez stated that he supported the application as presented. He acknowledged that the school district boundaries were a problem. He stated that the entire area of La Costa was a vortex of special districts that make no sense, not just in school districts, but also in special service districts, sanitation districts, and water districts, which has gone unresolved for 30 years. Commissioner Montgomery stated that he supported project 1.09, but not 1.08. He stated that the sense of community being established between districts would fracture that neighborhood. He suggested that the subdivision be redesigned within the boundary, or that those 20 homes be transferred to another Village within the Greens. Chairperson Baker asked if that was possible. Mr. Westman was thought that it would require a major Master Plan Amendment through Planning Commission through City Council because it would be more than 10% of the existing neighborhood that would be transferred. Commissioner Segall noted that there were areas in Calavera Hills where neighbors in brand new communities were going to two different elementary schools in the same school district. In Aviara and Pacific Rim Zone 20, kids living near each other were going to different schools. That issue was outside the control of the Planning Commission and the developer. He stated that he felt it should be corrected, but could not deny the project based on that issue. Commissioner Whitton stated that even though he was sympathetic to the sad state of the school districting, that was not part of what the Planning Commission was approving. They were considering whether the developer had met all the requirements of the City and he suggested that the school issues should not be considered. Commissioner Montgomery stated that districting between elementary schools and districting between school districts is a completely different issue. Elementary schools can be problematic, but a completely different district would fracture a neighborhood. The design could have been done within one school boundary. Commissioner Segall noted that most of La Costa was split up. The same issue appears on the boundary of Encinitas and San Marcos. He argued that it wasn't right to vote against this because of a system beyond their control. Commissioner White stated that because this problem existed in the southeast quadrant, it did not justify approving another project that perpetuated the problem. She stressed that there was a lot of land in this neighborhood, and in spite of the topographical and environmental restraints, attention should have been Planning Commission Minutes October 15, 2003 Page 20 paid to this issue before the Master Plan had been approved. This was a matter of arranging lots on this property. Mr. Neu commented that because of the number of lots in these two projects, the Planning Commission’s action would be to make a recommendation to the City Council to approve or disapprove the projects. In the Resolution for the Planning Area under discussion, there is a finding on page 4 of Resolution 5487 dealing with facilities. Item A of the finding deals with the availability of school facilities. The finding does not address the issue of boundaries. Staff did not have authority to force the issue one way or another. He stated that his opinion was that the Planning Commission did not have a strong basis to turn down an entire Tentative Map because of a school district boundary. Chairperson Baker asked for a motion. ACT1 ON : Motion by Commissioner Whitten, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5485, 5486 and 5487 recommending approval of Tentative Tract Map CT 02-22, Planned Unit Development PUD 02-1 1, and Tentative Tract Map CT 02-23 based on the findings and subject to the conditions contained therein including the addenda. Chairperson Baker called for a vote. VOTE: 4-2 AYES: NOES: Montgomery and White ABSTAl N: None Baker, Dominguez, Segall, and Whitton 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 North County Times Fomedjr !-;nc.~r? 9s the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This dKd Day of December, 2003 \' This space is for the County Clerk's Filing Stamp $ Proof of Publication of Signature NORTH COUNTY TIMES Legal Advertising 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, December 2, 2003, to consider a request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and I) a request for approval of a Tentative Tract Map and Planned Development Permit for 75 residential lots and 2 open space lots for Neighborhood 1.09; and 2) a request for approval of a Tentative Tract Map for 82 residential lots and 6 open space lots for Neighborhood 1.08. The project sites are located east of Alicante Road, north of Alga Road and south of Poinsettia Lane in Local Facilities Management Zone 10 and more particularly described as: Being a subdivision of Lot 9 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14543, filed in the office of the County Recorder of San Diego County February 13, 2003 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after Wednesday, November 26, 2003. If you have any questions, please call Christer Westman in the Planning Department at (760) 602-4614. The time within which you may judicially challenge these Tentative Tract Maps and/or Planned Unit Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge these Tentative Tract Maps and/or Planned Unit Development Permit 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, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 at or prior to the public hearing. CASE FILE: CT 02-22/PUD 02-1 1/CT 02-23 CASE NAME: VILLAGES OF LA COSTA - GREENS NEIGHBORHOOD 1.09 AND 1.08 PUBLISH: Friday, November 21 , 2003 CITY OF CARLSBAD CITY COUNCIL VILLAGES OF LA COSTA- GREENS NEIGHBORHOODS I .09 AND 1.08 CT 02=22/PUD 02-1 I/CT 02-23 Smooth Feed SheetsTM Use template for 5160@ CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 SANMARCOS CA 92069 OCEANSIDE CA 92054 SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR CITY OF OCEANSIDE 300 NORTH COAST HWY CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 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 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC WO RKS/COMMU N ITY S E RVI C ES CITY OF CARLSBAD PROJECT PLANNER BARBARA KENNEDY 1012812003 a AVERW Address Labels LEUCADIA CNTY WATER DlST OLIVENHAIN WATER DlST 1960 LA COSTA AVE 1966 OLIVENHAIN RD CARLSBAD CA 92009 ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 VALLECITOS WATER DlST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 I .P.U.A. 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CARLSBAD CA 92008 GLENN C & CHERYL B DODDS 6437 LA GARZA CT CARLSBAD CA 92009 JAMES & BELINDA SOLOWIEJ 6435 LA GARZA CT CARLSBAD CA 92009 MICHAEL P & CHRIST1 HALL 641 1 EL PATO CT CARLSBAD CA 92009 JULIA TESCHLER 6413 EL PATO CT CARLSBAD CA 92009 ROBERT A & RENE VANHORNE 6409 EL PATO CT CARLSBAD CA 92009 GLENN E DEMAR 2514 LA GOLONDRINA ST CARLSBAD CA 92009 MONICA WHITMAN ETAL 251 2 LA GOLONDRINA ST CARLSBAD CA 92009 JOHN & VALSA STEPHEN 251 0 LA GOLONDRINA ST CARLSBAD CA 92009 MORGAN TRUST 173 15 PLAZA MARIA SAN DIEGO CA 92128 MICHAEL S 2% KAREN A WILL 2506 LA GOLONDRINA ST CARLSBAD CA 92009 RYAN J GAGLIANO 2504 LA GOLONDRINA ST CARLSBAD CA 92009 DENNIS L & L HENDRICKSON 2502 LA GOLONDRINA ST CARLSBAD CA 92009 GUNTWIN & BARB GALLEISKY 2500 LA GOLONDRINA ST CARLSBAD CA 92009 FRANK &JEAN I MERCURIO 2503 LA GOLONDRINA ST CARLSBAD CA 92009 RYUJI & KATSUKO OHNUMA 2509 LA GOLONDRINA ST CARLSBAD CA 92009 MICHAEL T & MAR MCNAMARA 2505 LA GOLONDRINA ST CARLSBAD CA 92009 NORA LACORTE TR 2507 LA GOLONDRINA ST CARLSBAD CA 92009 HENRY TR 251 1 LA GOLONDRINA ST CARLSBAD CA 92009 STEVEN W & SHARON MARMOR 251 3 LA GOLONDRINA ST CARLSBAD CA 92009 DANIEL W MCFARLAND 251 5 LA GOLONDRINA ST CARLSBAD CA 92009 JAMES E &ANN E HILL 2517 LA GOLONDRINA ST CARLSBAD CA 92009 KATHLEENASTRESHLY 6415 CAYENNE LN CARLSBAD CA 92009 DEBORAH L MURRAY PO BOX 131 265 CARLSBAD CA 92013 SEllCHlRO & MIEKO TANAKA 6419 CAYENNE LN CARLSBAD CA 92009 THOMAS A DURAN 6421 CAYENNE LN CARLSBAD CA 92009 ROGER A & CAROL GARTLAND 6420 CAYENNE LN CARLSBAD CA 92009 a AWRW Address Labels Laser 5 160@ Smooth Feed SheetsTM Use template for 5160@ WILLIAM T & PHYLLI BAKER 2478 UNICORN10 ST CARLSBAD CA 92009 DONNDELINGER TR 2474 UNICORN10 ST CARLSBAD CA 92009 ANN R CHAPPELOW 2470 UNICORN10 ST CARLSBAD CA 92009 HIROKO T & YASUKO OGINO 2462 UNlCORNlO ST CARLSBAD CA 92009 SUSAN B & ELLIOT J PALAY 2458 UNlCORNlO ST CARLSBAD CA 92009 CLUTE TR 2466 UNICORN10 ST CARLSBAD CA 92009 HARRY J & LINDA MCDEVITT 2454 UNlCORNlO ST CARLSBAD CA 92009 THOMAS & MONDA BLACKMORE 12492 RUETTE ALLIANTE SAN DIEGO CA 92130 BENGT-OLOV ANDERSSON 2479 UNICORN10 ST CARLSBAD CA 92009 WALTER & SELMA CASTANEDO 2471 UNlCORNlO ST CARLSBAD CA 92009 KENNETH J & DEBORA SKALA 2467 UNlCORNlO ST CARLSBAD CA 92009 FRED B & INDRA K STARR 2475 UNlCORNlO ST CARLSBAD CA 92009 ERIC J & ELYSE L MATSON 6708 ABANTO ST CARLSBAD CA 92009 KNUDSEN TR 6714 ABANTO ST CARLSBAD CA 92009 ROBERT A & VERONA VERNON 2514 ABEDUL ST CARLSBAD CA 92009 HEINLE TR 6705 ABEDUL PL CARLSBAD CA 92009 EUGENE JR & DORIS KELLEY 6702 ABEDUL PL CARLSBAD CA 92009 WAYNE M & IRMGA PETERSON 2614 UNlCORNlO ST CARLSBAD CA 92009 JAMES C & GLEN WICKSTROM 251 7 ABEDUL ST CARLSBAD CA 92009 LINDON & ANNA LEWIS PO BOX 131 133 CARLSBAD CA 9201 3 DALE W & CAROL M HOFF 251 1 ABEDUL ST CARLSBAD CA 92009 RHONDA R MlGLlACClO 6711 ABANTO ST CARLSBAD CA 92009 GIAMMARINARO TR 2505 ABEDUL ST CARLSBAD CA 92009 LIMBER TR 6719 ABANTO ST CARLSBAD CA 92009 STOWELL TR 2459 UNlCORNlO ST CARLSBAD CA 92009 HOWARD J & CHRISTE BOWLING 2455 UNlCORNlO ST CARLSBAD CA 92009 JERRY BLOCK 2451 UNICORN10 ST CARLSBAD CA 92009 ROBERT F & TERI K SWETTE 681 0 WANDA CT CARLSBAD CA 92009 WILLIAM W & DEE MOWBRAY 68 14 VIANDA CT CARLSBAD CA 92009 MARY RAMESON 6802 WANDA CT CARLSBAD CA 92009 Address Labels laser 5 160@ Smooth Feed SheetsTM , Use template for 5160* EDWARD & DORRACE SHOEN 681 8 WANDA CT CARLSBAD CA 92009 LLOYD R & EVELYN NORRIS 6821 VIANDA CT CARLSBAD CA 92009 WILLIAM J &JANET NAGLE 251 8 UNlCORNlO ST CARLSBAD CA 92009 JOEL REED 2510 UNlCORNlO ST CARLSBAD CA 92009 ANATOLE & HOLLY C RAIF 2508 UNlCORNlO ST CARLSBAD CA 92009 JAMES E YACABUCCI 2635 VISTA DEL CONQUISTA JAMUL CA 91935 STEVEN M & NANCY SUTPHIN 2502 UNlCORNlO ST CARLSBAD CA 92009 DONALD D & JOAN PHILLIPS 2486 UNlCORNlO ST CARLSBAD CA 92009 IRA S BUSHEY TR 2482 UNICORN10 ST CARLSBAD CA 92009 JONATHAN H & KELLY VlTT 2511 UNlCORNlO ST CARLSBAD CA 92009 BENNINGTON TR 6606 GRULLA ST CARLSBAD CA 92009 ELWIN WILSON TR 6612 GRULLA ST CARLSBAD CA 92009 GORDON A NESBITT II 6624 GRULLA ST CARLSBAD CA 92009 RICHARD P & CAROL THORPE 6628 GRULLA ST CARLSBAD CA 92009 COREY D & GWEN MElTCHlK 6618 GRULLA ST CARLSBAD CA 92009 DAVID B & KRISTIN PETERS 6632 GRULLA ST CARLSBAD CA 92009 MARTIN A & DONNA LIBERMAN 6636 GRULLA ST CARLSBAD CA 92009 ARTHUR F & HILLARY PATHE 2483 UNlCORNlO ST CARLSBAD CA 92009 DAVID M & PATRICK KERSTEN 661 1 GRULLA ST CARLSBAD CA 92009 FERGUSON TR 6617 GRULLA ST CARLSBAD CA 92009 JON S MELNYK TR 6627 GRULLA ST CARLSBAD CA 92009 SEYFRIED TR 6633 GRULLA ST CARLSBAD CA 92009 JOEL A & JANN MACCOLLAM 2532 ABEDUL ST CARLSBAD CA 92009 RAYMOND A & DEVR SHAFFER 6553 AVENIDA DEL PARAISO CARLSBAD CA 92009 GARABET & DIM KAPRIELIAN 6547 AVENIDA DEL PARAISO CARLSBAD CA 92009 CURTIS & MARIE BARNES TR 6543 AVENIDA DEL PARAISO CARLSBAD CA 92009 JACQUELYN S JOHNSON 6539 AVENIDA DEL PARAISO CARLSBAD CA 92009 WILLIAM JR & DOR DEMMERS 6535 AVENIDA DEL PARAISO CARLSBAD CA 92009 JENNINGS TR 6531 AVENIDA DEL PARAISO CARLSBAD CA 92009 JEANNE KNIGHT TR 6527 AVENIDA DEL PARAISO CARLSBAD CA 92009 Address Labels laser 5160@ Smooth Feed SheetsTM Use template for 5160* PAUL A MILLS 6523 AVENIDA DEL PARAISO CARLSBAD CA 92009 YAACOVA LAUGLIN 91 1 WIND DRIFT DR CARLSBAD CA 92009 JOHN B & DEBRA CZAJKOWSKI 2977 W BRIARWOOD DR FRANKLIN WI 53132 STEVEN E & DOLOR HlGGlNS 651 1 AVENIDA DEL PARAISO CARLSBAD CA 92009 EBRIGHT TR 6507 AVENIDA DEL PARAISO CARLSBAD CA 92009 JOANN F SZYMONIK 6506 AVENIDA DEL PARAISO CARLSBAD CA 92009 ABSHER TR 6510 AVENIDA DEL PARAISO CARLSBAD CA 92009 BRADLEY FREEMAN 6514 AVENIDA DEL PARAISO CARLSBAD CA 92009 TIMOTHY & SUSAN LEACH 651 8 AVENIDA DEL PARAISO CARLSBAD CA 92009 MATTY & LYNN SANDOVAL 6522 AVENIDA DEL PARAISO CARLSBAD CA 92009 MARK E & CATHERI SEIBERT 6534 AVENIDA DEL PARAISO CARLSBAD CA 92009 DAVID W & SANDRA SOUTER 6542 AVENIDA DEL PARAISO CARLSBAD CA 92009 NORMAN & CAROL HEWITT 2526 UNlCORNlO ST CARLSBAD CA 92009 DANNY D & EMMA KRYGSMAN 2532 UNlCORNlO ST CARLSBAD CA 92009 JAMES J & SANDRA REDMON 2538 UNlCORNlO ST CARLSBAD CA 92009 MARGARET E SHEPARD 2544 UNlCORNlO ST CARLSBAD CA 92009 WILLIAM W HARRIS JR 2550 UNlCORNlO ST CARLSBAD CA 92009 HOWARD P & SANDRA MEYER 651 9 ONDA PL CARLSBAD CA 92009 REINMILLER TR 651 1 ONDA PL CARLSBAD CA 92009 MICHAEL L & MARY WALMAN 6503 ONDA PL CARLSBAD CA 92009 RIZZO TR 6533 VISPERA PL CARLSBAD CA 92009 JOHN ELIOTT 6529 VISPERA PL CARLSBAD CA 92009 JAMES L WEEMS 6525 VISPERA PL CARLSBAD CA 92009 CATHERIN CARDER-WHITEBREAD 2535 UNlCORNlO ST CARLSBAD CA 92009 CHARLES W KERSHAW 2527 UNlCORNlO ST CARLSBAD CA 92009 WARREN & CHARLOT RESNICK 2519 UNlCORNlO ST CARLSBAD CA 92009 CHRISTINA BANTOFT TR 2446 UNlCORNlO ST CARLSBAD CA 92009 JIMMY W & ROSELLE TAYLOR 2442 UNlCORNlO ST CARLSBAD CA 92009 ROBERT D & JUD ST AUSTIN 2438 UNlCORNlO ST CARLSBAD CA 92009 RADOJEVICTR 2434 UNlCORNlO ST CARLSBAD CA 92009 Address Labels Laser 5160@ Snooth Feed SheetsTM I Use template for 5160@ WILLIAM B & MARSHA RIDER 2430 UNlCORNlO ST CARLSBAD CA 92009 HELGA B MALTON TR 2426 UNlCORNlO ST CARLSBAD CA 92009 CARL A & MARY J BLAZE TR 2422 UNlCORNlO ST CARLSBAD CA 92009 CLAYTON S & SHlR JOHNSON 2418 UNlCORNlO ST CARLSBAD CA 92009 ALAN B & RUTH A CLARK TR PO BOX 2068 CAPISTRANO BEACH C 92624 JACQUES P BRUYERE TR 2415 UNlCORNlO ST CARLSBAD CA 92009 RICHARD S GNAZZO TR 2419 UNlCORNlO ST CARLSBAD CA 92009 TYBURSKI TR 2423 UNlCORNlO ST CARLSBAD CA 92009 LALIT C & SUBHASANI SAWH 2425 UNICORN10 ST CARLSBAD CA 92009 JAVIER & RO HUARCAYA-PRO 2427 UNlCORNlO ST CARLSBAD CA 92009 DAVID A & BARBAR SMALLEY 2431 UNlCORNlO ST CARLSBAD CA 92009 MIKE &JANET K BLACK 2433 UNlCORNlO ST CARLSBAD CA 92009 BOWMAN TR 2435 UNlCORNlO ST CARLSBAD CA 92009 TIMOTHY A MCADAMS 2437 UNICORN10 ST CARLSBAD CA 92009 SCOTTJ DOWELL 2439 UNICORN10 ST CARLSBAD CA 92009 CARLSBAD TR 1 5200 N OCEAN DR WEST PALM BCH FL 33404 PANCE & ANA SMILJKOVICH 6807 WANDA CT CARLSBAD CA 92009 WILLIAM E & MAR SALTZMAN 2515 CORTE CASITAS CARLSBAD CA 92009 JASON W & AMY J LAUER 2525 CORTE CASITAS CARLSBAD CA 92009 KENNETH A & GLORI BRADER 2527 CORTE CASITAS CARLSBAD CA 92009 ERIC L WAITE JR TR 2537 CORTE CASITAS CARLSBAD CA 92009 MAXINE H GRIMM 2535 CORTE CASITAS CARLSBAD CA 92009 ERIC L WAITE 2537 CORTE CASITAS CARLSBAD CA 92009 TERESA M DITTMER 2545 CORTE CASITAS CARLSBAD CA 92009 LARRY S & DOROTHY MILLER 2557 CORTE CASITAS CARLSBAD CA 92009 VICTORIA J MONICA 2547 CORTE CASITAS CARLSBAD CA 92009 KAILYNN M EMMEL 2555 CORTE CASITAS CARLSBAD CA 92009 ROBERT A MYRES 6088 4TH AVE ’ MIAMISBURG OH 45342 MARIA CONSTANTINE 2567 CORTE CASITAS CARLSBAD CA 92009 EUGENE & WGENIA CHUDIN 2575 CORTE CASITAS CARLSBAD CA 92009 Address Labels laser 5160@ Smooth Feed SheetsTM , Use template for 5160* LAS CASITAS TERRAZA 519 ENClNlTAS BLVD ENClNlTAS CA 92024 DOVE FAMILY HOUSING ASSOC 1820 S ESCONDIDO BLVD ESCONDIDO CA 92025 DANIEL J MEDIC1 2577 CORTE CASITAS CARLSBAD CA 92009 KOZlCKl COMMUNITY TR 7231 EL FUERTE ST CARLSBAD CA 92009 GEORGE G WOOD 7009 VIA OSTIONES CARLSBAD CA 92009 LE LY HAYSLIP 701 3 VIA OSTIONES CARLSBAD CA 92009 HERVE M MALAUSSENA 2 OVERLOOK TER LARCHMONT NY 10538 SATYA P & URMILA SINGH 7023 VIA OSTIONES CARLSBAD CA 92009 RALPH GARCIA 7016 VISTA OLAS CARLSBAD CA 92009 COREY W & DONYA H BRAUN 701 2 VISTA OLAS CARLSBAD CA 92009 CAMILLE R SHORE 7008 VISTA OLAS CARLSBAD CA 92009 SCOTT R DAVIS 7004 VISTA OLAS CARLSBAD CA 92009 NATHALIE M & RANDA RAGAN 7000 VISTA OLAS CARLSBAD CA 92009 HOUSSEIN A JAHANGlRl 3906 N MESA VERDE AVE FARMINGTON NM 87401 PAUL D GILL 2388 TERRAZA PANGA CARLSBAD CA 92009 SUSAN A SWIFT 2380 TERRAZA PANGA CARLSBAD CA 92009 BRADLEY G COLEMAN 6550 PONTO DR 73 CARLSBAD CA 92009 KEVIN F STEPHENS 7339 BOLERO ST CARLSBAD CA 92009 KOLAN J & MARIA HAIRSTON 2375 TERM PANGA CARLSBAD CA 92009 WES & FAYE SCARBROUGH TR 2372 TERM PANGA CARLSBAD CA 92009 ADRIAN ROKKEN 2379 TERRAZA PANGA CARLSBAD CA 92009 BLAINE & KELLY J BARTH 7006 VIA COELLO CARLSBAD CA 92009 THOMAS J & SUSAN VALENTE 701 0 VIA COELLO CARLSBAD CA 92009 SVEN M 81 JILL SCHRECKER 7014 VIA COELLO CARLSBAD CA 92009 SHAHIN MAHROIAN 2390 VIA PELICAN0 CARLSBAD CA 92009 L E & LINDA L HEYDEN 701 8 VIA COELLO CARLSBAD CA 92009 MARK F & SUSAN M GAMBOA 2386 VIA PELICAN0 CARLSBAD CA 92009 RICHARD & MARY J CASSONI 2389 VIA PELICAN0 CARLSBAD CA 92009 KOHRS TR 2385 VIA PELICAN0 CARLSBAD CA 92009 MANGIOTR 2381 VIA PELICAN0 CARLSBAD CA 92009 Address Labels laser 5160@ Smooth Feed SheetsrM Use template for 5160@ GAYLE G KILLION TR 2367 TERRAZA SALVO CARLSBAD CA 92009 JAMES B JR & REGIN JONES 2375 TERW SALVO CARLSBAD CA 92009 CARPENTIER TR 2371 TERRAZA SALVO CARLSBAD CA 92009 DAVID & TRACY GUSTAFSON 2357 TERRAZA SALVO CARLSBAD CA 92009 NEW B ERG/E RSKl AN TR 2353 TERRAZA SALVO CARLSBAD CA 92009 RUBEN & TERRY L ZEPEDA 2361 TERRAZA SALVO CARLSBAD CA 92009 EBELTR 2349 TERRAZA SALVO CARLSBAD CA 92009 ALFRED & ESTHER NEWHUIS 7025 VIA COELLO CARLSBAD CA 92009 PAMELA L & JAM SCHAEFFER 7021 VIA COELLO CARLSBAD CA 92009 JAMES M & MARLEN SPAWTON 7017 VIA COELLO CARLSBAD CA 92009 NORMAN €4 MARY R DUNCAN 7013 VIA COELLO CARLSBAD CA 92009 LARRY M & GAYLYN A MYRES 7009 VIA COELLO CARLSBAD CA 92009 ROGER & ANDREA EVANS 5289 MOHAVE DR SlMl VALLEY CA 93063 EDWIN J HURN 7005 VIA COELLO CARLSBAD CA 92009 JOHN R & LINDA B WlSS 7001 VIA COELLO CARLSBAD CA 92009 STEVEN R LANDA 7004 VIA PADILLA CARLSBAD CA 92009 EDDIE V & SHATHA HAMAMA 7008 VIA PADILLA CARLSBAD CA 92009 ANDREW J SUTTNER 701 2 VIA PADILLA CARLSBAD CA 92009 DEAN & ELLEN GRANDE 7016 VIA PADILLA CARLSBAD CA 92009 JOSEPH M & LISA MARIANO 7020 VIA PADILLA CARLSBAD CA 92009 CHERYL E HOFFMAN 7003 VIA PADILLA CARLSBAD CA 92009 CHRISTOPHER H & MA ELLIS 7013 VIA PADILLA CARLSBAD CA 92009 BRADLEY S & ANDRE VAUGHN 7017 VIA PADILLA CARLSBAD CA 92009 STEPHEN J & LYNN DROTTER 2 SPOONWOOD CIR BERWYN PA 19312 JOHN C & LISA A ESTILL 7029 VIA PADILLA CARLSBAD CA 92009 MASSEY TR 7021 VIA PADILLA CARLSBAD CA 92009 MARYROSE BREHM TR 7025 VIA PADILLA CARLSBAD CA 92009 BORIS & JUNE N MATHISZIK 7030 VIA CALlFlA CARLSBAD CA 92009 KIMBERLY A SCOTT 7026 VIA CALlFlA CARLSBAD CA 92009 FRIESEN TR 7022 VIA CALlFlA CARLSBAD CA 92009 Address Labels Laser 5 160@ Smooth Feed SheetsTM Use template for 5160@ CRAIG G FENSTERMAKER 7018 VIA CALlFlA CARLSBAD CA 92009 JAMES G & RlSA P PICONE 7014 VIA CALlFiA CARLSBAD CA 92009 SCOTT D & ELA GLISSMEYER 7010 VIA CALlFlA CARLSBAD CA 92009 ALGA HILLS HOMEOWNERS AS STE 250 5465 MOREHOUSE DR SAN DIEGO CA 92121 NANCY M FOURNIER 7009 VIA CALlFlA CARLSBAD CA 92009 WILLIAM E & BREN BARNETT 7006 VIA CALlFlA CARLSBAD CA 92009 BROADWAY TR 701 9 VIA CALAFIA CARLSBAD CA 92009 MAUREEN A GALLAGHER 7023 VIA CALlFlA CARLSBAD CA 92009 MARCIA L PINK 7027 VIA CALlFlA CARLSBAD CA 92009 BRIAN J & BRENDA J SMITH 2322 TERRAZA RIBERA CARLSBAD CA 92009 GREGORY FARM LTD PARTNER PO BOX 1053 SOLANA BEACH CA 92075 MARCUSTR 7035 VIA CALlFlA CARLSBAD CA 92009 GEORGE &JEANIE KNOP 2318 TERAZZA RIBERA CARLSBAD CA 92009 KATHLEEN HEFFERNAN 2314 TERRAZA RIBERA CARLSBAD CA 92009 STEVEN W & LI HAVERSTICK 2310 TERRAZA Rlt3ERA CARLSBAD CA 92009 SAMUEL A FLORES 7042 VIA CABANA CARLSBAD CA 92009 POWELL TR 7405 NEPTUNE DR CARLSBAD CA 92009 JOHN & NELLY CANCHOLA 7034 VIA CABANA CARLSBAD CA 92009 JEFFREY L & SYLVIA GAFFNEY 7030 VIA CABANA CARLSBAD CA 92009 WILLIAM R & SHARO WATSON 7024 VIA CABANA CARLSBAD CA 92009 JAMES A & LINDA WILLIAMS 7020 VIA CABANA CARLSBAD CA 92009 JAMES B & JOCE ERKENBECK 7008 VIA CABANA CARLSBAD CA 92009 SAMAD M EDLOU 701 6 VIA CABANA CARLSBAD CA 92009 ANTHONY T WANG 1600 HARKNESS ST MANHATTAN BEACH CA 90266 MARY MORILLA 7015 VIA CABANA CARLSBAD CA 92009 CARY E & RACHELL MANNING 7019 VIA CABANA CARLSBAD CA 92009 CARL D & JULIE NORDHOLM 7023 VIA CABANA CARLSBAD CA 92009 EDDY G HSlN 7033 VIA CABANA CARLSBAD CA 92009 MARK R & PATRICIA A GOOD 7037 VIA CABANA CARLSBAD CA 92009 LARRY L SOLDATY 7029 VIA CABANA CARLSBAD CA 92009 Address La bels laser 5160@ Smooth Feed Sheets'M Use template for 5160@ GERALD C YOUNG 7041 VIA CABANA CARLSBAD CA 92009 ROZA H GREGORCICH 7045 VIA CABANA CARLSBAD CA 92009 FREDDY W CHANG 7049 VIA CABANA CARLSBAD CA 92009 MUNSON TR 7051 VIA CABANA CARLSBAD CA 92009 DAVID B & KERRI S ROWE 2303 TERRAZA RIBERA CARLSBAD CA 92009 DWINELL TR 2307 TERRAZA RIBERA CARLSBAD CA 92009 STEPHEN & MAR1 WRIGHT 2319 TERRAZA RIBERA CARLSBAD CA 92009 JORGE A & SONDRA J ROMAN 231 1 TERRAZA RIBERA CARLSBAD CA 92009 SCOTT L & MEEGHAN AIMONE 231 5 TERAZZA RIBERA CARLSBAD CA 92009 KASHINAD TR 7019 VIA CANDREJO CARLSBAD CA 92009 RONALD S & SALLY ARAUJO 7023 VIA CANDREJO CARLSBAD CA 92009 KATHY BABA 7027 VIA CANDREJO CARLSBAD CA 92009 GORDON R MAYHEW 7031 VIA CANDREJO CARLSBAD CA 92009 DANIEL YANG 7035 VIA CANDREJO CARLSBAD CA 92009 DAVID L &JOAN DAUGHERTY 7039 VIA CANDREJO CARLSBAD CA 92009 RAYMOND P & MARET SWART2 7043 VIA CANDREJO CARLSBAD CA 92009 JESSICA M VANONI 7047 VIA CANDREJO CARLSBAD CA 92009 ALAN B & LYNElTE MEYERS 7051 VIA CANDREJO CARLSBAD CA 92009 MONDRE & JENNI VANDERLEE 7055 VIA CANDREJO CARLSBAD CA 92009 ALGA HILLS HOMEOWNERS AS PO BOX 160278 BIG SKY MT 5971 6 JUDY H GAZE 18125 MOON SONG CT SAN DIEGO CA 92127 AUGUSTIN W ROLLINSON 2343 TERRAZA GUITARA CARLSBAD CA 92009 VEEDA J LISLE 2339 TERRAZA GUITARA CARLSBAD CA 92009 RONALD A & E R HILL 2335 TERRAZA GUITARA CARLSBAD CA 92009 HEATHER D HAND 2328 TERRAZA RIBERA CARLSBAD CA 92009 ALAN B &JULIE L MARCHER 2331 TERRAZA GUITARA CARLSBAD CA 92009 JAMES K & OLGA L MORRIS 2324 TERRAZA RIBERA CARLSBAD CA 92009 IOURI M CHElKlNE 2658 DEL MAR HEIGHTS RD DEL MAR CA 92014 CARLOS & LISA ORDAZ 2336 TERRAZA RIBERA CARLSBAD CA 92009 JOHN T LUDEMAN 2043 ALGA RD CARLSBAD CA 92009 aAWRY@ Address Labels Laser 5160B Smooth Feed SheetsTM Use template for 5160@ MACE & JAN SIEGEL PO BOX 2172 SANTA MONICA CA 90407 EDWARD J & SANDR MUSBACH 21 05 ALGA RD CARLSBAD CA 92009 BARRY W CLARK 2051 ALGA RD CARLSBAD CA 92009 MELVEN & LYNN GENSER TR 21 13 ALGA RD CARLSBAD CA 92009 BARRY A & ANNE M WISH 2121 ALGA RD CARLSBAD CA 92009 MARTHA M MEADE 2129 ALGA RD CARLSBAD CA 92009 W HELEN PERRY TR 7001 ALMADEN LN CARLSBAD CA 92009 WEINBERGER TR 7009 ALMADEN LN CARLSBAD CA 92009 JAY M & SANDEE S FULLER 2145 ALGA RD CARLSBAD CA 92009 F M & NANCY L CORRIGAN 9016 GREENSBORO LN LAS VEGAS NV 89134 DONALD E & PAMELA A WEBB 7017 ALMADEN LN CARLSBAD CA 92009 TERRILL R MCCABE 7025 ALMADEN LN CARLSBAD CA 92009 JEAN P DELORME 7026 ALMADEN LN CARLSBAD CA 92009 KENNETH & TRACl KAUFMAN 701 8 ALMADEN LN CARLSBAD CA 92009 IZNER TR 7034 ALMADEN LN CARLSBAD CA 92009 SETH S & KATHY E LEVINE 10 6965 EL CAMINO REAL CARLSBAD CA 92009 JOY R TUSHINSKY 2207 ALGA RD CARLSBAD CA 92009 JOSEPH & ROSE PIAZZA 9423 SEA VIEW AVE BROOKLYN NY 11236 DAVID & DOROTHY KLEINMAN 701 9 ALICANTE RD CARLSBAD CA 92009 RADES TR 7027 ALICANTE RD CARLSBAD CA 92009 MARCIN M & ELDRIE LUBICK 701 1 ALICANTE RD CARLSBAD CA 92009 VLADISLAV & YANA DROZDOV 2161 ALGA RD CARLSBAD CA 92009 MARGARET S POMERANTZ TR 7035 ALICANTE RD CARLSBAD CA 92009 SHAPOSHNICK TR 21 53 ALGA RD CARLSBAD CA 92009 MARY G BRANCIFORTE 7013 ESTRELLA DE MAR RD CARLSBAD CA 92009 ELLE FRANCE 2251 FARADAY AVE CARLSBAD CA 92008 IRENE MCMILLAN 7015 ESTRELLA DE MAR RD CARLSBAD CA 92009 ESTRELLA DEL MAR PARTNER STE 1502 221 N STANTON ST EL PAS0 TX 79901 MARGARET KENDALL TR 7005 ESTRELLA DE MAR RD CARLSBAD CA 92009 LESLIE V SCHULTZ 7141 BROOKSHIRE DALLAS TX 75230 Address Labels Laser 5160@ Smpoth Feed SheetsTM Use template for 5160@ ELAINE J LERER PO BOX 131 624 CARLSBAD CA 92013 PATRICK C & LORNA GRANT 7001 ESTRELLA DE MAR RD CARLSBAD CA 92009 JACQUELYN M LITTLEFIELD 121 BROADWAY 600 SAN DIEGO CA 92101 JAMES S UKEGAWA 4607 TELESCOPE AVE CARLSBAD CA 92008 GLORIA S CHANG 7017 ESTRELLA DE MAR RD CARLSBAD CA 92009 SUSAN P HALLEN TR 7023 ESTRELLA DE MAR RD CARLSBAD CA 92009 LOIS R LEE 7047 ESTRELLA DE MAR RD CARLSBAD CA 92009 THOMAS A & A JEA EMANUEL 7045 ESTRELLA DE MAR RD CARLSBAD CA 92009 BRIAN L & TERl L CLEMENT 7043 ESTRELLA DE MAR RD CARLSBAD CA 92009 DANIEL J CZAPSKI 2315 SANDY LN VISTA CA 92083 KATHRYN L DEMONTE 5055 AVENIDA ENCINAS 120 CARLSBAD CA 92008 LAW RE N CE-MARLEN E DRAS I N 7037 ESTRELLA DE MAR RD CARLSBAD CA 92009 WILFRED M & JANET A ROOF 9862 DARON DR VILLA PARK CA 92861 LOUIS H & VIVIAN LAUFER 541 1 LOUISE AVE ENCINO CA 91316 SONJA KNIGHT TR 7035 ESTRELLA DE MAR RD CARLSBAD CA 92009 ROBYN SOWELL 7029 ESTRELLA DE MAR RD CARLSBAD CA 92009 LESLIE V SCHULTZ 7027 ESTRELLA DE MAR RD CARLSBAD CA 92009 ANTOINETTE LAJOYE 7025 ESTRELLA DE MAR RD CARLSBAD CA 92009 ROBERT S & SHELLY MARCUS 16 492 BEACON ST BOSTON MA 021 15 M B J LA COSTA PARTNERSH 18 6006 BALCONES CT EL PAS0 TX 7991 2 SALVATORE A SAVASTIO 7059 ESTRELLA DE MAR RD CARLSBAD CA 92009 WILLIAM 0 & DORIS YATES 7057 ESTRELLA DE MAR RD CARLSBAD CA 92009 MICHAEL S LANG 7049 ESTRELLA DE MAR RD CARLSBAD CA 92009 HOWARD SCHULTZ 9241 HBJ FWY DALLAS TX 75243 MANDELL & ROBERTA WHITE 61 10 E SAN MATE0 TUCSON AZ 8571 5 TANNER TR 7055 ESTRELLA DE MAR RD CARLSBAD CA 92009 LIBERATO D & 0 TORTORlCl 6436 LA PALOMA ST CARLSBAD CA 92009 TORTORlCl TR 6436 LA PALOMA ST CARLSBAD CA 92009 EVERGREEN HEBRON L P PO BOX 1454 RANCHO SANTA FE CA 92067 ERIC B & MARY H LINDGREN 6440 LA PALOMA ST CARLSBAD CA 92009 a AMRW Address Labels laser 5160@ Smooth Feed SheetsTM 8 Use template for 5160@ PHILIP M &JOYCE S FUSCO 6427 CAYENNE LN CARLSBAD CA 92009 JAMES T COLLINS JR TR 6423 CAYENNE LN CARLSBAD CA 92009 WALPUSKI TR 6425 CAYENNE LN CARLSBAD CA 92009 GILLES TR 6429 CAYENNE LN CARLSBAD CA 92009 MERONOFF TR 755 VAN NUYS ST SAN DlEGO CA 92109 RICHARD TRACEY 6433 CAYENNE LN CARLSBAD CA 92009 KENNETH E & SUSAN M HUME 3570 EMMA LN VISTA CA 92084 STEVE & ANNE WALSH TR 6437 CAYENNE LN CARLSBAD CA 92009 HARRY A & CYNTHIA CESENA 6439 CAYENNE LN CARLSBAD CA 92009 WILLIAM R & LESLIE WlTT 2521 EL GAVILAN CT CARLSBAD CA 92009 ROBERT H & SASKIA LEARY 2523 EL GAVILAN CT CARLSBAD CA 92009 THOMAS J & PHYLLIS BYRNE 2525 EL GAVILAN CT CARLSBAD CA 92009 DENNIS J &JULIE MEAGHER 6422 CAYENNE LN CARLSBAD CA 92009 PATRICK & MlRlA GALLAHUE 6424 CAYENNE LN CARLSBAD CA 92009 EARL H KROEKER JR 6426 CAYENNE LN CARLSBAD CA 92009 BILL & GAIL MANISHOR 6428 CAYENNE LN CARLSBAD CA 92009 JOHN F & MARIE T DURKIN 6430 CAYENNE LN CARLSBAD CA 92009 AARON COMERCHERO 6432 CAYENNE LN CARLSBAD CA 92009 ALEJANDRO V TOVAR 2526 EL GAVILAN CT CARLSBAD CA 92009 RALAND E & KELLY CAMARA 6434 CAYENNE LN CARLSBAD CA 92009 MASOUD & BONNIE ATAIE 6436 CAYENNE LN CARLSBAD CA 92009 CRAIG L & DIANNA J WELLS 6439 LA PALOMA ST CARLSBAD CA 92009 GERALDINE B BROWN TR 6437 LA PALOMA ST CARLSBAD CA 92009 DERDERIANTR 6435 LA PALOMA ST CARLSBAD CA 92009 MICHAEL T & LEA M WALSH 2254 VISTA LA NISA CARLSBAD CA 92009 STRACHAN TR 6433 LA PALOMA ST CARLSBAD CA 92009 JANIE E ALBERTS 6431 LA PALOMA ST CARLSBAD CA 92009 MARK L & DENISE T HERMAN 6427 LA PALOMA ST CARLSBAD CA 92009 FREDERICK W & CAROL PRICE 2528 EL GAVILAN CT CARLSBAD CA 92009 DOROTHY E HENDERSON 1519 ELON LN ENClNlTAS CA 92024 Address Labels laser 5160@ Smooth Feed SheetsTM Use template for 5160@ WILLIAM & KATHLEEN BLAIR 2534 EL GAVILAN CT CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 ROY H LA FORGE JR 2536 EL GAVILAN CT I CHUNG CHENG 2538 EL GAVILAN CT THOMAS C & KATHR SCHEETZ JOHN & BRENDA ADAMS 2604 COLlBRl LN 2606 COLlBRl LN 2608 COLlBRl LN CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 MARY R & BETTY LEE THOMASM&TERESACESEAR HOPE M MITCHEM ROBERT R & MARIA FEASEL 6501 LA PALOMA ST CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 6503 LA PALOMA ST 6505 LA PALOMA ST ED & GLORIA L TSU 6506 LA PALOMA ST CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 E PAUL & MARTHA GOYETTE 6504 LA PALOMA ST DENNIS A & MARIA PEARSON 6502 LA PALOMA ST KAREN D MORRIS 9030 W SAHARA AVE LAS VEGAS NV 891 17 THE COLONY TX 75056 CARLSBAD CA 92009 GRAHAM & SUZANNE THORLEY 3612 COTTONWOOD SPRINGS DALE E & VAL D BAKKEN TR 2541 EL GAVILAN CT FRENCH TR RICHARD A & JEA FOELLMER DAN A TUFT0 2601 COLlBRl LN 2603 COLlBRl LN 2605 COLlBRl LN CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 JEFFREY A & DONNA S YEE 2607 COLlBRl LN 7013 VIA CALlFlA 7002 VIA CALlFlA CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 CAMPBELLlDAMPLO TR D & LANELL M ALSTON HAROLD JACK HENTHORN & ASSOC 5365 AVENIDA ENCINAS MARTHA M MEADE SAN DIEGO GAS & ELECTRIC STE A 21 29 ALGA RD CARLSBAD CA 92009 SANTA ANA CA 92799 CARLSBAD CA 92008 PO BOX 251 11 MORROW DEVELOPMENT CNLM STE 180 STE H 1903 WRIGHT PL CARLSBAD CA 92008 FALLBROOK CA 92028 425 E ALVARADO ST Address Labels laser 5160@