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
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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.
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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- .- ^^^^
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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 / =,
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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
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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:
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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
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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
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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
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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
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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
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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
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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
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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).
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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).
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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
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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
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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.
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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.
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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-
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60.
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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
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission. of the City of Carlsbad, California, held on the 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
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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.
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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
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5.
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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
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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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 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
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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:
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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.
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8.
9.
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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.
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11.
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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
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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.
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4.
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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.
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12.
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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.
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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.
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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
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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.
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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;
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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.
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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.
.
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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.
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52.
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54.
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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.
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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.
...
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 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
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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
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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.
SCHOOL OF PUBLIC ADMIN AND
SAN DIEGO STATE UNIVERSITY
REGIONAL WATER QUALITY
STE 100 URBAN STUDIES 9174 SKY PARK CT
SAN DIEGO CA 92123-4340 SAN DIEGO CA 92182-4505
AIR POLLUTION CNTRL DlST
9150 CHESAPEAKE DR STE B
SAN DIEGO CA 92123 5201 RUFFIN RD
SD COUNTY PLANNING
SANDIEGO CA 92123
CA COASTAL COMMISSION SANDAG
STE 103 STE 800
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402 SAN DIEGO CA 92101
401 B STREET
ATTN TED ANASIS
SAN DIEGO COUNTY AIRPORT
AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING MUNICIPAL WATER DISTRICT
DEPT
CITY OF CARLSBAD
CITY OF CARLSBAD
PROJECT PLANNER
SAIMA QURESHY
CITY OF CARLSBAD
PROJECT PLANNER
CHRISTER WESTMAN
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1903 WRIGHT PL
CARLSBAD CA 92008
K S L LA COSTA RESORT CO
50905 AVENIDA BERMUDAS
LA QUINTA CA 92253
RANCHO CARRILLO MASTER A
STE 100
2237 FARADAY AVE
CARLSBAD CA 92008
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6437 LA GARZA CT
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6435 LA GARZA CT
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641 1 EL PATO CT
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6413 EL PATO CT
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2514 LA GOLONDRINA ST
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251 2 LA GOLONDRINA ST
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251 0 LA GOLONDRINA ST
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173 15 PLAZA MARIA
SAN DIEGO CA 92128
MICHAEL S 2% KAREN A WILL
2506 LA GOLONDRINA ST
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2504 LA GOLONDRINA ST
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2505 LA GOLONDRINA ST
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2507 LA GOLONDRINA ST
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251 1 LA GOLONDRINA ST
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251 5 LA GOLONDRINA ST
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JAMES E &ANN E HILL
2517 LA GOLONDRINA ST
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6415 CAYENNE LN
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6419 CAYENNE LN
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6421 CAYENNE LN
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6420 CAYENNE LN
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2470 UNICORN10 ST
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2514 ABEDUL ST
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HEINLE TR 6705 ABEDUL PL
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68 14 VIANDA CT
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ESCONDIDO CA 92025
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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@
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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@
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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@
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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
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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@
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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@
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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@
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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@