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HomeMy WebLinkAbout2003-12-02; City Council; 17391; Villages of La Costa Greens NeighborhoodsCITY OF CARLSBAD -AGENDA BILL AB# 17,391 MTG. 12-2-03 DEPT. PLN 1% I DEPT. HD. #$$i TITLE: VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 a- CITY ATTY. CITY MGR CT 02-241PUD 02-12 Project Applications RECOMMENDED ACTION: Administrative Reviewed by and To be reviewed - Approvals Final at Planning Final at Council That the City Council ADOPT Resolution No. , APPROVING Tract Map CT 02-24 and Planned Unit Development PUD 02-12 for Villages of La Costa Greens Neighborhoods 1.11, 1.13 and 1.14 as recommended for adoption and approval by the Planning Commission. 2003-311 CT 02-24 PUD 02-12 MP 98-01 (B) ITEM EXPLANATION: Commission X X X On October 15, 2003, the Planning Commission conducted a public hearing for this residential project. Since the subdivision is for more than 50 lots, Planning Commission has made a recommendation to the City Council for its action. The review and approval of the Minor Master Plan Amendment is final at the Planning Commission level. The project is Villages of La Costa Greens Neighborhoods 1.1 1, 1.13 and 1.14 which consists of the subdivision of 42.8 acres into 129 single-family residential lots and 8 open space lots. Review of architecture will be presented to the City Council at a later date as an amendment to the PUD. The Minor Master Plan Amendment, which was approved by the Planning Commission, was to allow for a jwelling unit transfer between Neighborhoods 1.8 - 1.14, to correct a typographical error in the Master Plan regarding front yard setback for porches and to modify the plant palette for each village Nithin the Master Plan. The Planning Commission discussed the merits of the application, and voted 6-0 (Heineman Absent) :o recommend approval of the project to the City Council. 4 full disclosure of the Planning Commission’s discussion is in the attached minutes. A complete Yescription 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 ICEQA). Staff prepared initial studies for the projects and concluded that no potentially significant mpacts would result with the implementation of the projects that were not previously examined and svaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master ’Ian MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential snvironmental 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 ’rogram from EIR 98-07 applicable to the proposed Planning Area projects have been completed, ncorporated into the project design or are required as conditions of approval for the project. f PAGE 2 OF AGENDA BILL NO. 17,391 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. 2003-311 2. Location Map 3. 4. 5. Planning Commission Resolutions No. 5476 and 5477 Planning Commission Staff Report, dated October 15, 2003 Draft Excerpts of Planning Commission Minutes, dated October 15, 2003. DEPARTMENT CONTACT: Saima Qureshy, (760) 602-461 9, squre@ci.carlsbad.ca.us 1 i 7 I 4 4 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-311 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 NEIGHBORHODS 1.11, 1.13 AND 1.14 TO 8 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ALGA ROAD, EAST OF THE NORTH COURSE OF LA COSTA GOLF COURSE AND ON THE EAST AND WEST SIDES OF ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASENAME: VILLAGES OF LA COSTA GREENS SUBDIVIDE 42.8 ACRES INTO 129 SINGLE-FAMILY LOTS AND NEIGHBORHOODS 1 .I 1 J.13 AND 1.14 CASE NO.: CT 02-24/PUD 02-12 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 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 Planned Unit Development, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 02-24/PUD 02-12; 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 02-24 and Planned Unit Development PUD 02-12 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5476 and 5477, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. . . .. .... .... v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. This action is final the date this resolution is adopted by the City Council The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicia 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: / I (SEAL) -2- Page 2 of 2 of Resolution No. EXHIBIT 2 .SITE VILLAGES OF LA COSTA- GREENS NEIGHBORHOODS 1.11, 1.13AND 1.14 CT 02-24/PUD 02-12 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EX HIS1 T PLANNING COMMISSION RESOLUTION NO. 5476 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 42.8 ACRES INTO 129 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ALGA ROAD, EAST OF THE NORTH COURSE OF LA COSTA GOLF COURSE AND ON THE EAST AND WEST SIDES OF ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASENAME: VILLAGES OF LA COSTA GREENS APPROVAL OF CARLSBAD TRACT NUMBER CT 02-24 TO NEIGHBORHOODS 1.11, 1.13 AND 1.14 CASE NO.: CT 02-24 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 Lots 11, 13 and 14 of the City of Carlsbad Tract CT 99-03, Villages of La Costa - 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 San Diego County Recorder on February 12,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “X” dated October 15, 2003, on file in the Planning Department VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 - CT 02-24, 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 b Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the pL,lic hearing, the Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 - CT 02-24, based on the following findings and subject to the following conditions: Findinm: 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 City regulations including the Villages of La Costa Master Plan. That the proposed project is compatible with the surrounding hture land uses since surrounding properties are designated for single-family residential development or as open space on the General Plan, in that they are designated as RLM (L0.w-Medium Density Residential) or OS (Open Space). That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Villages of La Costa Master Plan. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for hture 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. 5476 -2- n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and 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 from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, Villages of La Costa Master Plan based on the facts set forth in the staff report dated October 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/acre specified for the site as indicated on the Land Use Element of the General Plan, and does not exceed the number of units permitted within 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 Initial Affordable Housing Agreement approved for the Villages of La Costa. The Greens Affordable Apartment Project has been approved and units in that project will satisfy the inclusionary housing requirements for this project. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Final EIR 98-07, and the Master Plan. The project will not impact the designated open space and will provide master plan trails and connections to the adjacent neighborhoods as identified in the Master Plan. Noise - A project specific noise study prepared for the tentative map identified certain areas requiring noise walls of various heights. The noise walls are shown on the project plans in conformance with the recommendations of the noise study. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. PC RES0 NO. 5476 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the 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 Site. 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. c. 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 -4- 9 PC RES0 NO. 5476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)]; b. this project is consistent with the Master Plan cited above; c. the Villages of La Costa Master Plan EIR was certified in connection with the prior plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; 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 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 the Final Map or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all hture 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. PC RES0 NO. 5476 -5- 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law, Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any an’d all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities for the permits being issued. 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 pennits. 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. Note: 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 PUD 02-12 and MP 98-01(B) and is subject to all conditions contained in Planning Commission Resolutions No. 5477 and 5478 for those other approvals. PC RES0 NO. 5476 -6- I/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement dated February 21, 2003 between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Plann’ing Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. PC RES0 NO. 5476 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. e. f. g. 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 and/or 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 the project Exhibits. Outdoor lighting restrictions for private residential lots located adjacent to the HCP/OMSP shall be noted in the proposed project CC&Rs. Invasive species shall not be used in landscaping adjacent to conserved habitat areas. A list of invasive species shall be provided in the CC&Rs of the Homeowners Association. Invasive/Exotic species not be used include those species listed on List A & B of the California Exotic Pest Plant Council’s list of “Exotic Plants of Greatest Ecological Concern in California as of October 1999.” Educational materials regarding the sensitivity of the HCP/OMSP shall be given to proposed project residents as part of the CC&Rs. The materials shall state the importance of the conserved habitat areas and ways to avoid impacts to them. 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 10, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. PC RES0 NO. 5476 -8- /3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 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. 5476 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. Prior to the recordation of the first final tract map or the issuance of building permits, whichever’occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). PC RES0 NO. 5476 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. 25. 26. 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 130-137, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “A” - “W,” is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the Homeowners Association accompanied by a report from a qualified arboristhotanist indicating the need to remove specified trees andor plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Any signs proposed for this development shall at a minimum be designed in conformance with the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. En Pineering General 27. 28. 29. 30. 31. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to 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). Type I “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above PC RES0 NO. 5476 - 10- /5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Prior to exceeding 25 units, the circulation improvements must be completed to the satisfaction of the City Engineer and the Fire Marshal. 32. FeedAgreements 33. 34. 35. 36. 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. 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. Developer shall obtain a joint-use agreement from SDG&E to permit the construction of Goldstone Road over the 200-wide SDG&E easement. The joint-use agreement shall be approved prior to approval of the final map or issuance of development permits. Developer shall cause property owner 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, 13, 14, 25,42, 57, 63, 81, 84, 85, 86, 92, 93, 101, 110, 111, 129, 135, 136, and 137. 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 impede the ability of motorist at the intersection to identify approaching vehicles PC RES0 NO. 5476 -1 1- A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to Caltrans sight distance and City sight distance corridor standards. 37. 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 38. 39. 40. 41. 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. Developer shall secure a letter of permission from SDG&E regarding the proposed offsite grading within SDG&Es easement. Said letter shall be provided to the City Engineer prior to issuance of grading permits. 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/Improvemen ts 42. 43. 44. 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 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. 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. 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. Construct road, underground potable water, sewer, storm drain, and recycled water improvements for Goldstone Road, Tiger Eye Place, Street DD, Street EE, Galena Avenue, Street FF, Street GG, Street AA, and Street PC RES0 NO. 5476 -12- /? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BB as shown on the Tentative Map. b. 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. c. Pedestrian access improvements from the southerly terminus of Streets “AA” and “BB” to Alga Road. d. Construct trail improvements that connect from Goldstone Road to the existing trail to the west per drawing 397-2D. 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. 45. 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. 46. 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 PC RES0 NO. 5476 -13- . 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 pollutan ts-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; d. 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 the maximum extent practicable;. and provide calculations to verify numeric sizing criteria is satisfied. e. f. g. 47. Developer shall incorporate into the gradinghmprovement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. 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: 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. -14- /9 PC RES0 NO. 5476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. 52. 53. 54. 55. 56. 57. 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieno County Water Authority capacity charne(s) 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 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. Developer shall install a total of 129 potable water meters (one for each lot) for the project and additional irrigation meters to irrigate the HOA maintained lots. The Developer shall meet with and obtain approval from the Leucadia County Water District regarding sewer infrastructure available or required to serve this project. 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. Code Reminders 59. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: a. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. b. 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. c. 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 PC RES0 NO. 5476 -15- 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60. 61. 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. 5476 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, Montgomery, Segall, White, and Whitton NOES: None ABSENT: Commissioner Heineman ABSTAIN: None JULIE Behairperson CARLS AD ANNINGCOMMISSION ATTEST: MICHAEL J. Ji&&ZMIL*R Planning Director PC RES0 NO. 5476 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5477 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARCSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF PLANNED UNIT DEVELOPMENT PERMIT NORTH SIDE OF ALGA ROAD, EAST OF THE NORTH COURSE OF LA COSTA GOLF COURSE AND ON EAST AND WEST SIDES OF ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: VILLAGES OF LA COSTA GREENS CASE NO.: PUD 02- 12 PUD 02-12 ON PROPERTY GENERALLY LOCATED ON THE NEIGHBORHOODS 1.11, 1.13 AND 1.14 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 Lots 11, 13 and 14 of the City of Carlsbad Tract CT 99-03, Villages of La Costa - 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 San Diego County Recorder on February 12,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibits bbAy’ - “X” dated October 15, 2003, on file in the Planning Department, VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 - PUD 02-12, as provided by Chapter 21.45 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission A) B) NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning f the City of Carlsbad as follows: 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 NEIGHBORHOODS 1.11, 1.13 AND 1.14 - PUD 02-12, based on the following findings and subject to the following conditions: 1. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the development of single- family homes on minimum 5,000 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, site design and architecture are compatible with surrounding development, in that the project conforms with all the design and development standards applicable to the property as contained in the Villages of La Costa Master Plan such as lot width and area and maximum number of residential lots. Public improvements will be provided concurrent with development of the project to meet all city standards. All manufactured slopes will be landscaped to prevent erosion and visually screen the slopes. 3. All findings of Resolution No. 5476 for CT 02-24 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 modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or mher condition all certificates of occcpancy 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 Unit Development. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Unit Development documents, as necessary to make them internally consistent and in conformity with the final action on the project. PC RES0 NO. 5477 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Planned Unit Development, (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 02-24 and MP 98-O1(B) and is subject to all conditions contained in Planning Commission Resolutions No. 5476 and 5478 for those other approvals. Prior to the approval of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifylng all interested parties and successors in interest that the PC RES0 NO. 5477 -3- 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Carlsbad has issued a Planned Unit Development Permit by Resolution No. 5477 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. 12. 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 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 feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... PC RES0 NO. 5477 -4- a6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 15th day of October 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Montgomery, Segall, White, and Whitton NOES: None ABSENT: Commissioner Heineman ABSTAIN: None , Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. HMMILI%R Planning Director PC RES0 NO. 5477 -5- EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION ItemNo. @ ~ I Application complete date: July 30, 2003 P.C. AGENDA OF: October 15,2003 1 Project Planner: Saima Qureshy Project Engineer: Jeremy Riddle SUBJECT: CT 02-24/PUD 02-12/MP 98-01(B) - VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 - 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, and 2) approval of a Minor Master Plan Amendment to the Villages of La Costa Master Plan. The Tentative Tract Map and Planned Unit Development will subdivide Neighborhoods 1.1 1, 1.13 and 1.14 into a total of 129 residential lots with a minimum lot area of 5,000 square feet, and 8 open space lots. The Kinor Master Plan Amendment is to allow for a dwelling unit transfer between Neighborhoods 1.8 - 1.14 as permitted by Section 2.5.2 of the Master Plan, to correct a typographical error on page 4-44 regarding front yard setback for porches and to modify the plant palette for each village within the Master Plan. The project site is located to the east of the north course of the La Costa Golf Course and north of Alga Road in Local Facilities Management Zone 10. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5475 and 5477 RECOMMENDING APPROVAL of a Tentative Tract Map (CT 02-24), Planned Development Permit (PUD 02-12) and ADOPT Planning Commission Resolution No. 5478 APPROVING Minor Master Plan Amendment (MP 98-01(B)), based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project includes a tentative tract map to subdivide and grade a total of 42.8 acres into 129 residential lots and 8 open space lots. The project area includes Neighborhoods 1.1 1, 1.13 and 1.14 of the Greens of the Villages of La Costa Master Plan. The minimum lot size established for these neighborhoods in the Master Plan is 5,000 square feet. Approval of a Planned Development Permit is required because lot sizes are less than 7,500 square feet. The Minor Master Plan Amendment is to allow for a dwelling units transfer between neighborhoods 1.8 - 1.14, to correct a typographical error on page 4-44 regarding front yard setback for porches and to revise plant palettes for each village in the Master Plan. 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, as required by the Villages of La Costa Master Plan. The project complies with City standards and all necessary findings can be made for the approvals CT 02-24PUD 02- 12/MP 98-0 1 (B) - VILLAGES OF LA COSTA-LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 October 15,2003 Area 10.4 acres 12.5 acres 19.9 acres Page 2 Residential Minimum Lot Lots Permitted Size Required by the MP 34 5,000 sq. ft. 32 5,000 sq. ft. 59 5,000 sq. ft. being requested. City Council action is required for the tentative map and planned development permits as the subdivision contains 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. The Villages of La Costa Master Plan establishes permitted uses, development standards, and design criteria for each neighborhood as well as a development review process to be utilized. Master Tentative Tract Map, CT 99-03, subdivided the Greens village 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 improvement plans have been approved and construction is presently ongoing for the Greens. Project Descriution The 42.8 acre project site is located on the east side of the north course of the La Costa Golf Course, extending from an area north of Alga Road to an area south of Neighborhood 1.10, with Alicante Road passing through the middle. The project site is within the Zone 10 Local Facilities Management Plan. The project area includes Neighborhoods 1.1 1, 1.13 and 1.14 of the Greens Village. Development of the neighborhoods require further subdivision of the neighborhood planning area lots created by Master Tentative Tract Map CT 99-03, finish grading and infiastructure improvements. The project area is bordered to the north by Neighborhood 1.10, to the west by Area 1 .D, which is a 30.6 acre open space area, to the east is Open Space Area l.F (22.4 acres), and to the south is Alga Road. The following table provides a breakdown of the proposed subdivision. Master Plan Neighborhood I l.14 Along with the required by the 1 proposed Tentative Tract Map, a Planned Unit 33/ 2 open space lots Development (PUD) is also iasier Plan since the three neighborhoods have a minimum lot area of less than 7,500 square feet. The Villages of La Costa Master Plan Section 4.6.4 permits a PUD to be approved without architecture and plotting. No architectural unit plans are proposed with this application. A future amendment to the PUD is required to authorize the proposed structures and their plotting in accordance with the provisions of the Master Plan. CT 02-24RUD 02-12/MP 98-01(B) - VILLAGES OF LA COSTA-LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 October 15,2003 Pane 3 Neighborhoods 1.8 1.9 The proposed Master Plan Amendment encompasses three components. The first component is a dwelling unit transfer between Neighborhoods 1.8 - 1.14 as permitted by Section 2.5.2 of the Master Plan. The second component consists of modifications to the plant palettes for each village within the Master Plan. The third component is correction of a typographical error on page 4-44 of the Master Plan. The minimum front yard setback for fiont porches was incorrectly stated in the Master Plan and should be 10 feet and not 11 feet as is currently written in the Master Plan. Section 2.5.2 of the Master Plan provides for dwelling unit transfers of up to 10% between neighborhoods which are located in the same village, subject to the approval of a Master Plan Amendment. The proposed amendment will transfer four dwelling units from Neighborhood 1.8 and one unit from Neighborhood 1.12 to Neighborhoods 1.9, 1.1 1 and 1.13, which will gain one additional unit each and Neighborhood 1.14, which gains 2 additional units. The following table provides a breakdown of dwelling unit transfers. Max. units allowed Units Proposed rnax. Percent change by the Master Plan transferred amended units 74 units 1 unit 75 units 1.3 % 87 units (4 units) 83 units (4.5 %) 1.11 1.12 34 units 1 unit 35 units 2.9 % 38 units (1 unit) 37 units (2.6 %) 1.13 1.14 32 units 1 unit 33 units 3.1 % 59 units 2 units 61 units 3.3 % The second part of the amendment consists of modifications to the plant palettes for each village (La Costa Greens, Oaks and Ridge) within the Master Plan. The purpose of the plant palette modifications is to include provisions for the planting of special use areas that were not previously addressed. These special use areas include community recreation centers, village and neighborhood entries, and other sensitive areas requiring specialized landscaping. The remaining minor modifications to the plant palettes relate to the elimination of species that pose potential maintenance issues in the future and identifying which specific plant species within a family can be used in conjunction with the Master Plan. The third part of the amendment is to correct a typographical error on page 4-44 of the Master Plan. The minimum front yard setback for front porches was intended to be 10 feet when the Master Plan development standards were approved. The standard was inadvertently written in the Master Plan as 11 feet. This minor amendment will change the minimum front yard setback for front porches to 10 feet. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: CT 02-24.PUD 02-1 2/MP 98-0 1 (B) - VILLAGES OF LA COSTA-LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 October 15,2003 PROPOSED USES & IMPROVEMENTS 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 2 1.45 of the Carlsbad Municipal Code); Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and Growth Management Regulations (Zone 10 Local Facilities Management Plan). COMPLY 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. The master plan includes two affordable sites, one of which has already received SDP approval. Open space preserve areas are identified in the HCP, certified EIR and master plan. These areas are not proposed for development. The Master Plan contains trails and connections to those trails are provided through these neighborhoods. A. General Plan Yes Yes Yes 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 density in the proposed neighborhoods range from a low of 2.6 to a high of 3.4 ddac. The Villages of La Costa Master Plan limits the maximum number of dwelling units for each neighborhood and allows for the transfer of units between neighborhoods with the approval of a Minor Master Plan Amendment. The neighborhood maximums will not be exceeded, provided the proposed minor amendment to the Master Plan is approved allowing the transfer of units between the neighborhoods. The Villages of La Costa Master Plan was found to comply with 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 3 below. ELEMENT Land Use Housing Open Space & Conservation TABLE 3 - GENERAL 1 USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated for RLM at 0.0 - 4.0 ddac Provisions of affordable housing Minimize environmental impacts to sensitive resources within the City City Wide Trail Program Single-family lots at 2.6 to 3.4 du/ac* Yes CT 02-24RUD 02-12IMP 98-01(B) - VILLAGES OF LA COSTA-LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 October 15, 2003 PROPOSED USES & IMPROVEMENTS TABLE 3 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT COMPLY Noise -- development. Public Safety I I Circulation Project specific noise study identified four areas on-site that require noise walls of various heights. The project includes measures such as fire suppression zones. The project will construct public USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL Yes Yes Yes Reduce fire hazards to an acceptable level. Require new development to Street Standard Trail System Village Landscape Concept & Palette Signs construct roadway improvements needed to serve proposed 4% ft. landscaped parkways between the curb and sidewalk. Citywide and Master Plan trails as shown in the La Costa Greens Trail and Recreation Plan (exhibit 5.5). Compliance with the landscape theme tree and plant varieties. Compliance with the design and location requirements for neighborhood entry signs and trail head markers. Plan. 4% ft. landscaped parkways between the curb and sidewalk. Required trails are shown on the approved master tentative map and where applicable connections to proposed neighborhoods are shown. The Conceptual Landscape Plans have been found to comply with the Master Plan. Both types of signs comply in design and location with Section 4.9.2 of the Master streets needed to serve the- development. * The density calc 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 Greens Village 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 provide detailed development and design standards, requirements, development phasing and timing, and the method by which the master plan will be implemented. Compliance with the development and design standards of the Master Plan applicable to dwelling units will be assessed at a later date through a PUD Amendment. The project complies with the following requirements of the Master Plan as demonstrated in Table 4 below. TABLE 4 - VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS I STANDARD I REOUIRED 1 PROPOSED 3a CT 02-24PUD O2-12/MP 98-01(B) - VILLAGES OF LA COSTA-LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 October 15, 2003 Page 6 STANDARD Affordable Housing TABLE 4 - VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS REQUIRED 15% of the total number of units in the master plan are to Required along arterial streets and major collectors. PROPOSED I I This requirement is being satisfied through the construction of two multi- family rental apartment projects. The SDP for the 180- unit La Costa Greens apartment project has been approved allowing for final maps for a total of 1,020 market-rate units anywhere in the Master Plan. Wall design and locations are shown as part of the conceptual landscape plans. The Master Plan designates the subject Neighborhoods 1.11, 1.13 and 1.14 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 proposed Master Plan Amendment, which encompasses three components, is also consistent with the Master Plan. The first component is the dwelling unit transfer between Neighborhoods 1.8 - 1.14, as permitted by Section 2.5.2 of the Master Plan. Section 2.5.2 of the Master Plan provides for dwelling unit transfers of up to 10% between neighborhoods which are located in the same village, subject to the approval of a Minor Master Plan Amendment. The proposed amendment will transfer four dwelling units from Neighborhood 1.8 and one unit from Neighborhood 1.12 to Neighborhoods 1.9, 1.11 and 1.13, which will gain one additional unit each, and Neighborhood 1.14 which gains two units. No increased facilities demand is created by this transfer of units between the neighborhoods and no issues have been identified. Compliance with the development and design standards of the Master Plan applicable to dwelling units will be assessed at a later date through a PUD Amendment. The second part of the amendment consists of proposed modifications 'to the plant palettes for each village (La Costa Greens, Oaks and Ridge) within the Master Plan. The purpose of the plant palette modifications is to include provisions for the planting of special use areas that-were not previously addressed. These special use areas include community recreation centers, village and neighborhood entries, and other sensitive areas requiring specialized landscaping. The remaining minor modifications to the plant palettes relate to the elimination of species that pose potential maintenance issues in the future and identifying which specific plant species within a family can be used in conjunction with the Master Plan. The third part of the amendment is to correct a typographical error on page 4-44 of the Master Plan. The minimum front yard setback for front porches was intended to be 10 feet when the Master Plan development standards were approved. The standard was inadvertently written in the Master Plan as 11 feet. This minor amendment will change the minimum front yard setback for front porches to 10 feet. 33 CT 02-24/PUD 02-12IMP 98-01(B) - VILLAGES OF LA COSTA-LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 October 15,2003 STANDARD PERMITTED/REQUIRED Visitor Parking 35 spaces required (5 sp/lO du + 1 sp/4 du) 20 sq. ft./du Recreational Vehicle Storage Common Recreation Area Minimum Lot Size Minimum Lot Width 50 ft. 12,900 sq. fi. required (100 sq. ft./du) 5,000 sq. fi. Pane 7 PROPOSED Adequate parking is provided on the adjacent local streets as permitted by the Master Plan. To be provided in Neighborhood 1.2. The RV parking area shall be available for use prior to occupancy of any units within these neighborhoods. To be provided in Neighborhood 1.1 1 5,000 sq. ft. min. 2 50 fi. C. Planned Development Regulations The Villages of La Costa Master Plan contains development standards for a variety of lot sizes and product types. Certain standards are included in the Master Plan that are different than those contained in the Citywide Planned Development Ordinance (Carlsbad Municipal Code Chapter 21.45). The Master Plan provides that the Planned Development Ordinance shall be utilized unless otherwise modified in the Master Plan. Compliance with the Planned Development RegulationsIMaster Plan requirements is limited to those regulations applicable to the subdivision of subject neighborhoods, as dwelling units are not proposed with this tentative map. Future review of the architectural design and plotting will be through a PUD Amendment. Table 5 demonstrates the project’s compliance with the required standards. D. Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, minimum lot area, and the design of the project so that individual residential lots do not have street frontage or access to circulation element roads. The project is consistent with and satisfies all requirements of the General Plan, the Villages of La Costa Master Plan and Title 21, Each of the proposed residential lots meets the minimum lot area of 5,000 square feet and minimum lot width of 50 feet as required by the Master Plan. The developer will be required to offer various dedications (e.g., drainage easements, street right-of- CT 02-24PUD 02-12M 98-01(B) - VILLAGES OF LA COSTA-LA COSTA GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 October 15,2003 City Administration Library Waste Water Treatment Parks way) and install street lights and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. 448.49 sq. A. Yes 239.20 sq. A. Yes 129 EDU Yes 0.90 acres Yes E. Growth Management Drainage Circulation The proposed project is located within Local Facilities Management Zone 10 in the southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 6 below. Basin D Yes 1.290 ADT Yes TABLE 6 - GROWTH MANAGEMENT COMPLIANCE I STANDARD 1 IMPACTS I COMPLIANCE Fire Open Space Schools Sewer Collection System Water Station No. 2 & 5 Yes Provided pursuant to the HCP Yes San Marcos School District Yes Elementary Students - 30 Middle School students - 8.25 High School students - 7.48 129 EDU Yes 28.380 GPD Yes The proposed project is the Villages of La Costa Master Plan dwelling unit allowance, provided the Minor Master Plan Amendment is approved to allow’for the transfer of dwelling units. (1.1 1 - 35 dwelling units; 1.13 - 33 dwelling units; 1.14 - 61 dwelling units; Total of 129 dwelling units). V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Villapes of La Costa Master Plan (2000) MP 98-01 (EIR 98-07), dated July 16, 2001, T & B Planning Consultants, Inc. EIR 98-07 evaluates the potential environmental effects of the development and operation of the “Villages of La Costa Master Plan (2000)” and associated actions inclusive of the proposed neighborhood projects reviewed here. The City Council certified EIR 98-07 on October 23,200 1. 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 fi-om EIR 98-07 applicable to the proposed project have been completed, 35 CT 02-24/PUD 02-12/MP 98-01(B) - VILLAGES OF LA COSTA-LA COSTA GREENS h‘EIGHBORHOODS 1.11, 1.13 AND 1.14 October 15,2003 incorporated into the project design or are required as conditions of approval for the project. Mitigation Measure 4.8-1A required an acoustical analysis for certain areas of the Master Plan to identify all necessary noise control requirements on project plans necessary to meet the City of Carlsbad interior and exterior noise levels. The required studies were provided and the plans have incorporated the required noise wall. The EIR 98-07 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Villages of La Costa Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. The proposed Minor Master Plan Amendment to transfer dwelling units between adjacent neighborhoods is provided for in Section 2.5.2 of the Villages of La Costa Master Plan. The total number of Master Plan units evaluated in EIR 98-07 will not be increased. This project is within the scope of Final Program EIR 98-07 and no hrther CEQA compliance is required. EIR 98-07 and the initial study for this application are available at the Planning Department. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Planning Commission Resolution No. 5476 (CT 02-24) Planning Commission Resolution No. 5477 (PUD 02-1 2) Planning Commission Resolution No. 5478 (MP 98-01(B)) Location Map Background Data Sheet Local Facilities Impacts Assessment Form Disclosure Statement Reduced Ex hi bi ts Exhibit “MP 98-0l(B)” strike-out text Full Size Exhibits “A” - “X” dated October 15,2003 SQ:bd BACKGROUND DATA SHEET CASE NO: CT 02-24PUD 02-l2/MP 98-01(B) CASE NAME: Villages of La Costa- La Costa Greens Neighborhoods 1.1 1, 1.13 &1.14 APPLICANT: Morrow Development REQUEST AND LOCATION: The proiect includes a Tentative Tract Mau, a Planned Develoment Permit, and a Minor Amendment to the Villages of La Costa Master Plan. The Tentative Tract Mau will subdivide Neighborhoods 1.11. 1.13 & 1.14 of the Greens Village of the Villages of La Costa Mastet Plan into a total of 137 lots with minimum lot areas of 5000 sauare feet. A total of 129 residential lots and 8 open suace lots will be created. The Planned Development Permit is reauired for these neighborhoods because minimum lot sizes of 5,000 square feet are Demitted. The Minor Master Plan Amendment is for unit allocation amendments and to revise plant palettes. Unit dans are not urouosed at this time and will reauire auuroval at a future date of a Planned Development Permit Amendment. The project site is located to the east of north course of La Costa Golf course and north of Alga Road in Local Facilities Management Zone 10. LEGAL DESCRIPTION: Being a subdivision of Lots 11, 13 and 14 of the Citv of Carlsbad Tract CT 99-03, Villages of La Costa - La Costa Greens, in the Citv of Carlsbad. County of San Diego. State of California, according to map no. 14543 filed in the Office of the San Diego Countv Recorder on Februarv 12.2003. APN: 215-061-09,215-480-02 and 215-480-03 Acres: 42.8 Proposed No. of Lots/Units: 137 GENERAL PLAN AND ZONING Land Use Designation: RLM Density Allowed: 0-4 Existing Zone: P-C Density Proposed: 2.6 to 3.4 Proposed Zone: P-C Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-c RLM Mass grading for North P-C RLM Future Residential South RD-M -5000 RM Residential East P-C & R-1 RLM Open Space, Future and West PC os Open Space development Existing Residential PUBLIC FACILITIES School District: San Marcos Water District: Carlsbad Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, Proiect is within the Scope of Program EIR 98-07 auuroved earlier 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 Neiphborhoods 1.1 1, 1.13 and 1.14 - CT LOCAL FACILITY MANAGEMENT ZONE: 10 GENERAL PLAN: RLM DEVELOPER’S NAME: Morrow Development ADDRESS: 1903 Wright Place, Suite 180, Carlsbad, CA 92008 02-24PUD 02- 12/MP 98-0 1 (B) ZONING: P-C PHONE NO.: (760) 929-2701 ASSESSOR’S PARCEL NO.: 215-061-09,215-480-02 and 215- QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 129 residential lots & 8 open space lots ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage = 448.49 Library: Demand in Square Footage = 239.20 Wastewater Treatment Capacity (Calculate with J. Sewer) 129 Park: Demand in Acreage = 0.90 Drainage: Demand in CFS = Identify Drainage Basin = D (Identify master plan facilities on site plan) Circulation: Demand in ADT = 1,290 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 2 & 5 Open Space: Acreage Provided = Provided pursuant to the HCP Schools: (Demands to be determined by staff) Sewer: Demands in EDU 129 Elem=30; JH=8.25; HS=7.48 students (SMSD) Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 28,380 38 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 defrned as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal 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” Agents 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. LEGAL names and addresses of ALL, persons having a financial interest in the application. If the applicant includes a cornoration or DartnershiE include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned COIDO ratio% 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 INDMDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Address 1903 Wright Place, Suite 180 Address 1903 Wright Place, Suite 180 Carlsbad, CA 92008 Carlsbad, CA 92008 2. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of 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 comoration or DartnershiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a &liclv- owned comoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Real Estate Collateral Management Person N/A corp/part Company Title Title Address Address 1903 Wright Place, Suite 180 Carlsbad, CA 92008 4f 1635 Faraday Avenue Carlsbad. CA 92008-7314 - (760) 6024600. FAX (760) 602-8559 @ 3. NON-PROFIT OkANIZATION OR TRUST If any person identified pursuant to (1) or (2).above is a nomrof It organization or a tru st, 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 ProfiVI'mst Non Profit/Tmt 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 &z&&/m Signature of owner/date 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\DISCLOSUAE STATEMENT 5/98 40 Page 2 of 2 REAL ESTATE COLLATERAL MANAGEMENT COMPANY CERTIFICATE OF INCUMBENCY I, L. S. Mattenson, the Secretary of Real Estate Collateral Management Company, a Delaware corporation, certify that the persons named below are officers of this corporation, holding the offices set forth opposite their names, and that their appointments have not been cancelled as of the date hereof. L. c. mug President R. A. Watts Vice President T. P. Shanley Vice President Dated: December 14,200 1 attenson, 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 certib 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 12,200 1 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 ($130,000,000), undertakings, proxies and other instruments or documents required or deemed necessary by an Authorized Officer to be delivered in connection with the development of the property owned by the Corporation and the project known as thee Villages of La Costa. FURTHER RESOLVED, that the President or any Vice President of the Corporation (the “Authorized Officers”) are hereby authorized and directed to execute and deliver on behalf of the Corporation any documents and instruments necessary or appropriate to effectuate and to perform such other acts as may be deemed necessary and proper to effectuate the intent and purposes of the foregoing resolution. FURTHER RESOLVED, the Corporation does hereby ratify and confirm all actions thai have been taken in conjunction with the foregoing resolutions as of the date hereof. IN WITNESS WHEREOF, I have hereto set my hand on this 141h day of December, 200 1. ,$’ Secretary e c t: i 45 .. .. c 2 ... . . I :r , - ‘4 ... ... .L d; .2: Y I 't ~a -I- A- I' --____ I I, , , I I' a f P 3 35s..3m..Do3. a U w 9, X L Pp -. 55 a e w Y F .I / / / / / / \ / / ~/ / '. / .'. "I . f g .. 57 ! I I I i ! I 4 I I i 59 2' A I c C C C c C C C C T . L - T c T C C C t ( . 13 U a 0 0 5 c c C C v 5 v I - 6 ; . c C I- C I I I Planning Commission Minutes 4. CT 02-24/PUD 02-12/MP 98-01(6) - VILLAGES OF LA COSTA - GREENS NEIGHBORHOODS 1.11, 1.13 AND 1.14 - 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, and 2) approval of a Minor Master Plan Amendment to the Villages of La Costa Master Plan. The Tentative Tract Map and Planned Unit Development will subdivide Neighborhoods 1.11, 1.13 and 1.14 into a total of 129 residential lots with a minimum lot area of 5,000 square feet, and 8 open space lots. The Minor Master Plan Amendment is to allow for a dwelling unit transfer between Neighborhoods 1.8 - 1 .I4 as permitted by Section 2.5.2 of the Master Plan, to correct a typographical error on page 4- 44 regarding front yard setback for porches and to modify the plant palette for each village within the Master Plan. The project site is located to the east of the north course of the La Costa Golf Course and north of Alga Road in Local Facilities Management Zone 10. Mr. Neu introduced Item 4 and stated that Associate Planner, Saima Qureshy, assisted by Associate Engineer, Clyde Wickham would make the presentation. Chairperson Baker opened the public hearing on Item 4. Associate Planner, Saima Qureshy, presented the Staff report stating that the next three items on the agenda are residential subdivisions for the Villages of La Costa, Greens Neighborhoods 1.8-1.14. The project is for the subdivision of Neighborhoods 1 .I 1, 1.13, and 1.14 along with the Planned Development Permit and a Master Plan Amendment. The Master Plan was approved by the City Council in October, 2001, along with the final program EIR. The Master Plan area consists of three Villages, La Costa Oaks, La Costa Ridge, and La Costa Greens. All the actions are within the Greens Village with Alga Road to the south, El Camino Real to the west, the future Alicante Road running north-south, and Poinsettia Lane running east-west. The Master Plan established permitted uses, development standards, and design criteria for each neighborhood as well as a development review process. As part of the approval, a program EIR was certified which covered all the actions at that time, as well as future actions. One of the prior actions in the Master Plan was approval of a Master Tentative Map for the Greens. As part of the Map, grading was proposed and is currently on-going in the Greens. CT 02-24 is for neighborhoods 1 .I 1, 1.14, and 1.13 located immediately north of Alga Road and future Alicante Road. There are a total of 129 single-family residential lots with 8 open space lots. The minimum area of each lot will be 5,000 sq ft. The second part of this application is a Master Plan Amendment to allow for a dwelling unit transfer between the neighborhoods to modify the plant palette for all the three Villages in the Master Plan and also to correct a typographical error in the Master Plan. Neighborhoods 1.8 and 1 .I2 are losing units, the others are gaining units. The total number of units currently allowed in Neighborhood 1.8 - 1.14 is 324, which is the same as the proposed maximum units after the transfer. There will be two extra units, which will not be used, but could be used at a later time in one of the other neighborhoods in Greens Village. This project was found to be consistent with the Villages of La Costa Master Plan, Subdivision Ordinance, Plan Development Ordinance, Growth Management, lnclusionary Housing Requirements, and it was found to be within the scope of Program EIR that was certified at the time the Master Plan was approved. Staff recommends approval. Commissioner Dominguez asked Ms. Qureshy to review the reason for the dwelling unit transfer. Ms. Qureshy stated that when the Master Plan was approved, the developer had calculated how many units would be allocated in each neighborhood, but at the time of final design of subdivisions, they were losing some units in one neighborhood and they could accommodate more units in the other ones. The Master Plan does allow the unit transfer within one Village. So, it was for a better subdivision design. Commissioner Dominguez asked if that was what necessitated a Master Plan Amendment. Ms. Qureshy said yes, but they have two other components as well. Commissioner Segall asked is the planting and vegetation list pertained to just this project or all three of the Villages. Ms. Qureshy replied that it was for the whole Master Plan area. Commissioner Segall asked her to describe what those additions would be. She stated that the plan palette modification is to include planting for special use areas because it was not previously discussed in the Master Plan; for example, community recreation areas that wanted to have specific plants were not on the list before. Also, it is to eliminate some species that pose substantial maintenance issues. The entire list is in the Planning Commission Minutes October 15, 2003 Page 6 Staff report. Commissioner Segall asked if there were any height restrictions in any of the view corridors. Ms. Qureshy stated that restrictions would be applicable in each neighborhood. Chairperson Baker asked Mr. Wickham if any consideration had been given to connecting street “DD to Alicante. Mr. Wickham said that there had been through the review process to create a grid system, but that connection would bring it too close to an adjacent street. The intersection would pose a problem. Chairperson Baker asked if Alicante would be an arterial or a collector street. Mr. Wickham stated that it would be a local collector anticipated to be in the 5,000-10,000 vehicle range. Chairperson Baker asked what the City’s rules were for intersections on a local collector. Mr. Wickham replied that the goal was to achieve 300 ft spacing, 150 on Ts, no parking and no frontage. Chairperson Baker asked what the distance was between street “DD” and the next street up. He estimated that it was about 100 ft and 200- 300 ft to the south. Chairperson Baker invited the applicant to make a presentation. Fred Arbuckle, President, Morrow Development, off Palomar Airport Road, Carlsbad, stated that he would make one presentation for all the projects and answer questions as each neighborhood was discussed. He stated that they were seeking approval of their first phase of neighborhoods for La Costa Greens with a total of 186 homes to be located within 7 neighborhoods. Their original Master Plan was approved three years ago. Subsequently, the Master Tentative Map was approved and they proceeded with the mass grading and backbone infrastructure that included the extension of Alicante Road north to Bressi Ranch from Alga Road. It included the extension of Dove and Estrella Del Mar from Alga Road, which is nearing completion. It also included the extension of Poinsettia from El Camino Real to Carillo Ranch, which is a critical circulation component designed to relieve the congestion on Palomar Airport Road. This improvement alone will add almost $13M to the cost of the housing at La Costa Greens without considering additional costs for mitigation. They will also be installing the long-awaited landscape median in Alga Road along the frontage. In June of 2002, the City approved the Site Plan for the Affordable Housing site at The Greens. Subsequently, they donated that land to the developer of the property and also provided a subsidy of over $1.5M to create the affordable housing. Construction has begun and occupancy should occur around October of 2004, well in advance of any of the homes being occupied. In early 2002, they irrevocably offered to convey the entire onsite habitat to the Center for Natural Lands Management and set up an endowment for the maintenance of it in perpetuity, including the lands offsite to the property. The endowment alone was $1.5M. Nearly one thousand acres of open space is being set aside. On the Greens alone, the Master Plan requirement for open space is less than 100 acres, yet 275 acres will be set aside. Over 40% of the site remains in open space. Years before a single home is built, they have donated to the City more parkland than will be required to mitigate all of the homes in all of the Villages of La Costa and the City now has ownership of all of the parkland for the Alga Norte Swim Center, which is known as Alga Norte Park. This facility will serve all of the people of Carlsbad. The Greens is designed with a complete set of trails and recreational facilities. Two important City-wide linkages will be provided. With this phase of development a trail will be built along Poinsettia from El Camino Real to Carillo Ranch that will link Alga Norte Park and Carillo Park. There will also be a City- wide trail along Alicante that will be 10 ft wide resembling a promenade through the community connecting to Alga Norte Park as well as Poinsettia trail system. Nestled near Neighborhood 11 will be a tennis center for use by the homeowners’ association. Additionally, there will be a tot area, a grass play area accompanying the courts and addressing the recreational needs of different age groups in the community. Halfway between Alga and Poinsettia a major recreational facility will be developed. There will be a community room for organized meetings of the community, a workout room, changing rooms for the competition-length pool, a wading facility, and a reconstituted watering pond. While all of their builders are required to create a diversity of style of architecture, the architecture is varied also by the size of the lots. There are a total of five different sized lots within these different neighborhoods that will help diversify the look within the community. All of the homes will be limited to a maximum of two-story and a maximum of 30 ft. Neighborhoods 1.1 1, 1.13, and 1.14 will be a minimum of 5,000 sq ft with a minimum of 50 ft, but the average lot size is 7,000 sq ft, and within those neighborhoods, there will be lots that approach 21,000 sq ft. There will be 129 homes. Neighborhood 1.9 will be comprised of lots with a minimum of 6,000 sq ft and a minimum width of 50 ft. The average lot size, however, will be 8,500 sq ft and the largest within this neighborhood will approach 17,000 sq ft. There will be a total of 75 homes and the average home size will be about 3,300 sq ft. Neighborhood 1.8 will be comprised of lots with a minimum of 7,500 sq ft. The average lot size is nearly 12,000 sq ft and the maximum will approach 25,000 sq ft. The homes will reach up to 3,700 sq ft. Neighborhood 10 will be comprised of lots with a Planning Commission Minutes October 15, 2003 Page 7 minimum of 9,000 sq ft and a minimum width of 70 ft. The average lot size, however, is close to 14,000 sq ft and the maximum will approach 28,000 sq ft. There are 64 homes proposed in that neighborhood and those homes could approach 4,300 sq ft. Subject to additional approvals, this community could become a gated community at some point in the future. Neighborhood 1.12 will be comprised of lots with a minimum of 11,000 sq ft and a minimum width of 70 ft. The average lot size, however, is about 14,000 sq ft and the largest in this neighborhood will approach 26,000 sq ft. There will be a total of 36 homes in this neighborhood and those will average approximately 4,400 sq ft. This neighborhood was subject to considerable discussion in the past and they worked with the neighborhood regarding the size of the lots and have increased those significantly to satisfy their concerns. They also agreed, as a concession, to restrict the height of the homes adjacent to the existing community, so that the top of the homes would not exceed the pad elevation of the existing home directly to the east of the proposed home. They agreed to do this, even though it will cost a lot more money to dig deeper into the rock in order to create those pads in that grade differential. These provisions remain in tact. Commissioner Segall asked if the rear elevations were available for review. Mr. Arbuckle stated that it would be at least six more months before they were available. Commissioner Segall emphasized that the Planning Commission has taken a position that rear elevations should match the front elevations, including window designs. Mr. Arbuckle stated that they had been working with the builders on La Costa Oaks to ensure that they create new details to the rear of the homes and enhance all of the elevations of the homes for the price point expected. Mr. Arbuckle additionally commented on the amendment for the plant material stating that the process they went through initially was to establish a framework landscape for all of their communities, and in so doing they looked at an overall fabric that would tie the community to the native vegetation and make natural transitions between the natural habitat and a more urban look within the community. In designing the recreation area, specifically in The Oaks, they looked at how they could create small, intimate areas with different types of plant material to enrich the area. Thus, they reviewed the original plant selections to enhance the quality. Commissioner Whitton asked Mr. Arbuckle to reconsider the five-foot depth of the porches and increase that for comfort. Mr. Arbuckle stated that he would add that input to the builders on The Greens. Commissioner Segall asked if one of the Amendments didn’t change the porch size from 11 ft to 10 ft. Ms. Qureshy stated that that referred to the setback from the front not the porch size. Commissioner Montgomery asked Mr. Arbuckle to reiterate the concessions that were made pertaining to Neighborhood 1.12. Mr. Arbuckle stated that the original concern was that the proposed lot sizes were not compatible with the existing community and that by virtue of those pad sizes, smaller homes would be built. They subsequently increased the lot size to 11,000 sq ft minimum. How the homes would be situated with regard to the surrounding homes was also an issue and they agreed to keep the top of the house below the elevation of the existing home directly behind it. They had to blast into solid rock in order to create the pads for those homes. They were required, then, to make a connection to Zodiac, so there was a necessity to match an existing grade and bring that road back down as quickly as possible and there are constraints on the elevation and slope of that road. Commissioner Montgomery asked if the west side of the street was being proposed as single-story only homes. Mr. Arbuckle stated that the City Staff had a requirement that a portion of this community would have 20% single-story elevations. So, within that lower row, 20% of those homes will be single story. Commissioner Segall asked if the Planning Commission was considering the tot lot and park areas that Mr. Arbuckle mentioned. Mr. Arbuckle said no, that that would be a future approval with a Site Plan for the recreational facility. Chairperson Baker opened public testimony and invited those who would like to speak to the podium. Marcia Ryder, 2430 Unicornio Street, Carlsbad, asked where the two homes that were being removed from one area would be added back in at a later date. Barbara Malton, 2426 Unicornio Street, Carlsbad, stated that there was one area that projected westward that with a house on it she would lose the view. She stated that their view does not go west, but Planning Commission Minutes October 15,2003 Page 8 southwest. She stated that if she loses the view, she loses the value of her house. She asked how she would be guaranteed that going 30 ft down would be enough to preserve her view. William Zefour, 2507 La Golondrina Street, Carlsbad, stated that he was pleased to hear Mr. Arbuckle say that they have plans to restore the pond. He expressed concern about the dust being created during the early part of the grading. He asked if there would be adequate dust suppression throughout the project. Ms. Qureshy responded that these subdivisions are already designed, so the two units will not be used there, but there are four or five other neighborhoods within The Greens and the two units could be used in one of those. The Greens as a whole has a maximum number of units that it cannot exceed. These two units will not end up in any of the planning areas that are under consideration at this meeting. Mr. Wickham responded to the issue of dust by stating that the Public Works Inspector, Gary Goodman, of the Inspection Division, has daily contact with the contractor and homeowners. The prevailing breeze is to the east and there is a dust problem that they are trying to control. Commissioner Dominguez asked if additional early morning watering would help. Mr. Wickham stated that they are running the water trucks morning and evening and that he would relay the concern. Commissioner Segall asked what the applicant's obligation was to mitigate dust and other disruptions. Mr. Wickham stated that it was an ordinance requirement and the job could be shut down if not seriously addressed, but he felt the applicant was addressing the dust issue. Chairperson Baker asked for a motion. MOTION ACTION: Motion by Commissioner White, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5476 and 5477 recommending approval of a Tentative Tract Map (CT 02-24), Planned Unit Development (PUD 02-1 2) and adopt Planning Commission Resolution No. 5478 approving Minor Master Plan Amendment (MP 98-01 (B)), based on the findings and subject to the conditions contained therein. DISCUSSION Commissioner Segall disclosed that Mr. Arbuckle and he serve together on the Carlsbad Chamber of Commerce Board of Directors, and further stated that he had not discussed this project with Mr. Arbuckle. Commissioner White stated that she could support the project. Commissioner Whitton stated that he could support the project. Commissioner Dominguez questioned if the two units that were unassigned should be eliminated from consideration. Commissioner White asked for clarification regarding these two units, as she read Table 2 in the Master Plan Amendment as indicating that two units were moved from one neighborhood to another and that there was not an additional two units being added. Ms. Qureshy explained that the developers are not using all the units even after the transfers, so that is why there are two extra units. Mr. Neu added that the Master Plan limits the transfer between neighborhoods to 10% of those allowed in the neighborhood. The number is limited so that there is not a large im act on changing what is added or subtracted from any given neighborhood. The other cap is that th$ total needs to remain within the Village itself. So, units from The Oaks would not go to The Greens. The total for each Village is the cap for that Village, unless an Amendment is approved. Commissioner Dominguez asked if this transfer had to be within The Greens. Mr. Neu stated that that was correct. Mr. Segall stated that as'he understood it, these two units could not be put in any other projects that were being approved that evening, only other planning areas in The Greens. He added that the Planning Commission would have the opportunity to fill out the rest of The Greens when Mr. Arbuckle next comes to the Planning Commission and look at the totality of it and decide if there is an excessive number of units or not. Planning Commission Minutes October 15, 2003 Page 9 Commissioner Montgomery stated that the grading in these three Villages is very sensitive to the slope and minimizes the cuts and slopes between each of the lots as it stair steps down. He stated that the applicant had done a great job in trying to keep to the landform in this big project. He stated that he could support it. Commissioner Segall stated that he could support the project. Chairperson Baker called for a vote. VOTE: 6-0 AYES: NOES: None ABSTAIN: None Baker, Dominguez, Montgomery, Segall, White and Whitton Chairperson Baker closed the public hearing on Item 4. RECESS: Chairperson Baker called a brief recess at 7:12 p.m. MEETING CALLED TO ORDER: Chairperson Baker called the meeting back to order at 7:20 p.m. Chairperson Baker asked Mr. Neu to introduce the next Item. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) NEIGHBORHOODS 1.1 1. 1.13.m 1.14 mmber21, & GREENS NEIGHBORHOODS CITY C0mcm VILLAGES OF LA COSTA - FWBLISW ma cmoFcARLsBAD 1.11, 1.13AND 1.14 CT 02-24lPUD 02-1 2 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 Formerly known as 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 Day of December, 2003 This space is for the County Clerk’s Filing Stamp Proof of Publication of Beln a subdMsion of tats 11 13 and 14 of the Clty of Carlsbad Tract 99-05 vtlhges of La costa -’La costa Greens In the city of carl~b5T Coun& of San Die o State of Callfomla accord$to map no. 14543 ffled in the Ofnce of the% Dlego County &order on ebruary 12.2003 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 a request for approval of a Tentative Tract Map and Planned Development Permit. The Tentative Tract Map and Planned Unit Development will subdivide Neighborhoods I. 1 1, 1.13 and 1.14 into a total of 129 residential lots with a minimum lot area of 5,000 square feet, and 8 open space lots. The project site is located to the east of the north course of the La Costa Golf Course and north of Alga Road in Local Facilities Management Zone 10 and more particularly described as: Being a subdivision of Lots 11, 13 and 14 of the City of Carlsbad Tract CT 99-03, Villages of La Costa - 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 San Diego County Recorder on February 12, 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 Saima Qureshy in the Planning Department at (760) 602-4619. The time within which you may judicially challenge this Tentative Tract Map and/or Planned Unit Development, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map and/or Planned Unit Development 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 02-24/PUD 02-12 CASE NAME: VILLAGES OF LA COSTA- GREENS NEIGHBORHOODS 1.11,1.13, AND 1.14 PUBLISH: Friday, November 21, 2003 CITY OF CARLSBAD CITY COUNCIL SITE VILLAGES OF LA COSTA - GREENS NEIGHBORHOODS 1.11, 1.13AND 1.14 CT 02-24/PUD 02-12 , Srn14?h Feed SheetsTM Use template for 5160* CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 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 WORKS/CO MMU N ITY SERVICES CITY OF CARLSBAD PROJECT PLANNER BARBARA KENNEDY 1 oi2ai2003 aAMRY@ Address Labels SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR SAN MARCOS CA 92069 LEUCADIA CNTY WATER DlST 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF VISTA PO BOX 1988 VISTA CA 92085 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 91 50 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF CARLSBAD PROJECT PLANNER SAIMA QURESHY CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 OLIVENHAIN WATER DlST 1966 OLIVENHAIN RD ENClNlTAS CA 92024 VALLECITOS WATER DlST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE B 5201 RUFFIN RD SANDIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD PROJECT PLANNER CHRISTER WESTMAN Laser 5 160@ Smooth Feed SheetsT” Use template for 5160@ PONDEROSA COUNTRY HOA STE 120 23382 MILL CREEK DR LAGUNA HILLS CA 92653 K S L LA COSTA RESORT CO 50905 AVENIDA BERMUDAS LA QUINTA CA 92253 REAL ESTATE COLLATERAL M STE 180 1903 WRIGHT PL CARLSBAD CA 92008 RANCHO CARRILLO MASTER A STE 100 2237 FARADAY AVE CARLSBAD CA 92008 GLENN C & CHERYL B DODDS 6437 LA GARZA CT CARLSBAD CA 92009 JAMES & BELINDA SOLOWIEJ 6435 LA GARZA CT CARLSBAD CA 92009 ROBERT A & RENE VANHORNE 6409 EL PATO CT CARLSBAD CA 92009 MICHAEL P & CHRIST1 HALL 641 1 EL PATO CT CARLSBAD CA 92009 JULIA TESCHLER 641 3 EL PATO CT CARLSBAD CA 92009 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6533 VISPERA PL CARLSBAD CA 92009 JOHN ELIOTT 6529 VISPERA PL CARLSBAD CA 92009 JAMES L WEEMS 6525 VISPERA PL CARLSBAD CA 92009 CATHERIN CARDER-WHITEBREAD 2535 UNlCORNlO ST CARLSBAD CA 92009 CHARLES W KERSHAW 2527 UNlCORNlO ST CARLSBAD CA 92009 WARREN & CHARLOT RESNICK 2519 UNlCORNlO ST CARLSBAD CA 92009 CHRISTINA BANTOFT TR 2446 UNlCORNlO ST CARLSBAD CA 92009 JIMMY W & ROSELLE TAYLOR 2442 UNlCORNlO ST CARLSBAD CA 92009 ROBERT D & JUD ST AUSTIN 2438 UNlCORNlO ST CARLSBAD CA 92009 RAD0 JEV I CTR 2434 UNlCORNlO ST CARLSBAD CA 92009 Address labels laser 5160@ Smooth Feed SheetsTM Use template for 5160@ WILLIAM B & MARSHA RIDER 2430 UNICORN10 ST CARLSBAD CA 92009 HELGA B MALTON TR 2426 UNlCORNlO ST CARLSBAD CA 92009 CARL A & MARY J BLAZE TR 2422 UNlCORNlO ST CARLSBAD CA 92009 CLAYTON S & SHIR JOHNSON 2418 UNlCORNlO ST CARLSBAD CA 92009 ALAN B & RUTH A CLARK TR PO BOX 2068 CAPISTRANO BEACH C 92624 JACQUES P BRUYERE TR 241 5 UNICORN10 ST CARLSBAD CA 92009 RICHARD S GNAZZO TR 2419 UNlCORNlO ST CARLSBAD CA 92009 TYBURSKI TR 2423 UNlCORNlO ST CARLSBAD CA 92009 LALIT C & SUBHASANI SAWH 2425 UNlCORNlO ST CARLSBAD CA 92009 JAVIER & RO HUARCAYA-PRO 2427 UNlCORNlO ST CARLSBAD CA 92009 DAVID A & BARBAR SMALLEY 2431 UNlCORNlO ST CARLSBAD CA 92009 MIKE &JANET K BLACK 2433 UNICORN10 ST CARLSBAD CA 92009 BOWMAN TR 2435 UNlCORNlO ST CARLSBAD CA 92009 TIMOTHY A MCADAMS 2437 UNlCORNlO ST CARLSBAD CA 92009 SCOTTJ DOWELL 2439 UNlCORNlO ST CARLSBAD CA 92009 CARLSBAD TR 1 5200 N OCEAN DR WEST PALM BCH FL 33404 PANCE & ANA SMILJKOVICH 6807 VIANDA CT CARLSBAD CA 92009 WILLIAM E & MAR SALTZMAN 2515 CORTE CASITAS CARLSBAD CA 92009 ERIC L WAITE JR TR 2537 CORTE CASITAS CARLSBAD CA 92009 JASON W & AMY J LAUER 2525 CORTE CASITAS CARLSBAD CA 92009 KENNETH A & GLORI BRADER 2527 CORTE CASITAS CARLSBAD CA 92009 MAXINE H GRIMM 2535 CORTE CASITAS CARLSBAD CA 92009 ERIC L WAITE 2537 CORTE CASITAS CARLSBAD CA 92009 TERESA M DITTMER 2545 CORTE CASITAS CARLSBAD CA 92009 VICTORIA J MONICA 2547 CORTE CASITAS CARLSBAD CA 92009 KAILYNN M EMMEL 2555 CORTE CASITAS CARLSBAD CA 92009 LARRY S & DOROTHY MILLER 2557 CORTE CASITAS CARLSBAD CA 92009 ROBERT A MYRES 6088 4TH AVE MIAMISBURG OH 45342 MARIA CONSTANTINE 2567 CORTE CASITAS CARLSBAD CA 92009 EUGENE & WGENIA CHUDIN 2575 CORTE CASITAS CARLSBAD CA 92009 AWRW Address La bels Laser 5160@ Smooth Feed SheetsTM DANIEL J MEDIC1 2577 CORTE CASITAS CARLSBAD CA 92009 Use template for 5160@ LAS CASITAS TERM 519 ENClNlTAS BLVD ENClNlTAS CA 92024 DOVE FAMILY HOUSING ASSOC 1820 S ESCONDIDO BLVD ESCONDIDO CA 92025 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 701 6 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 KEVIN F STEPHENS 7339 BOLERO ST CARLSBAD CA 92009 SUSAN A SWIFT 2380 TERRAZA PANGA CARLSBAD CA 92009 BRADLEY G COLEMAN 6550 PONTO DR 73 CARLSBAD CA 92009 WES & FAYE SCARBROUGH TR 2372 TERW PANGA CARLSBAD CA 92009 ADRIAN ROKKEN 2379 TERRAZA PANGA CARLSBAD CA 92009 KOLAN J & MARIA HAIRSTON 2375 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 &JILL SCHRECKER 7014 VIA COELLO 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 SHAHIN MAHROIAN 2390 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 aAVERY@ Address Labels Laser 5160@ Smooth Feed SheetsTM Use template for 5160* JAMES B JR & REGIN JONES 2375 TERRAZA SALVO CARLSBAD CA 92009 CARPENTIER TR 2371 TERRAZA SALVO CARLSBAD CA 92009 GAYLE G KILLION TR 2367 TERRAZA SALVO CARLSBAD CA 92009 RUBEN & TERRY L ZEPEDA 2361 TERRAZA SALVO CARLSBAD CA 92009 DAVID & TRACY GUSTAFSON 2357 TERRAZA SALVO CARLSBAD CA 92009 NEWBERG/ERSKIAN TR 2353 TERRAZA SALVO CARLSBAD CA 92009 EBELTR 2349 TERM 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 701 7 VIA COELLO CARLSBAD CA 92009 NORMAN & MARY R DUNCAN 701 3 VIA COELLO CARLSBAD CA 92009 LARRY M & GAYLYN A MYRES 7009 VIA COELLO CARLSBAD CA 92009 EDWIN J HURN 7005 VIA COELLO CARLSBAD CA 92009 JOHN R & LINDA B WlSS 7001 VIA COELLO CARLSBAD CA 92009 ROGER & ANDREA EVANS 5289 MOHAVE DR SlMl VALLEY CA 93063 STEVEN R LANDA 7004 VIA PADILLA CARLSBAD CA 92009 EDDIE V & SHATHA HAMAMA 7008 VIA PADILLA CARLSBAD CA 92009 ANDREW J SUTTNER 7012 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 STEPHEN J & LYNN DROTTER 2 SPOONWOOD CIR BERWYN PA 19312 CHRISTOPHER H & MA ELLIS 701 3 VIA PADILLA CARLSBAD CA 92009 BRADLEY S & ANDRE VAUGHN 7017 VIA PADILLA CARLSBAD CA 92009 MASSEY TR 7021 VIA PADILLA CARLSBAD CA 92009 MARYROSE BREHM TR 7025 VIA PADILLA CARLSBAD CA 92009 JOHN C & LISA A ESTILL 7029 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 a AWRY@ Address La bels Laser 5 l6OS Smooth Feed SheetsTM Use template for 5160@ CRAIG G FENSTERMAKER 701 8 VIA CALlFlA CARLSBAD CA 92009 JAMES G & RISA P PICONE 7014 VIA CALlFlA 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 WILLIAM E & BREN BARNETT 7006 VIA CALlFlA CARLSBAD CA 92009 NANCY M FOURNIER 7009 VIA CALlFlA CARLSBAD CA 92009 BROADWAY TR 7019 VIA CALAFIA CARLSBAD CA 92009 MAUREEN A GALLAGHER 7023 VIA CALlFlA CARLSBAD CA 92009 MARCIA L PINK 7027 VIA CALlFlA CARLSBAD CA 92009 GREGORY FARM LTD PARTNER PO BOX 1053 SOLANA BEACH CA 92075 MARCUSTR 7035 VIA CALlFlA CARLSBAD CA 92009 BRIAN J & BRENDA J SMITH 2322 TERM RIBERA CARLSBAD CA 92009 GEORGE & JEANIE KNOP 2318 TERAZZA RIBERA CARLSBAD CA 92009 KATHLEEN HEFFERNAN 2314 TERRAZA RIBERA CARLSBAD CA 92009 STEVEN W & LI HAVERSTICK 231 0 TERRAZA RIBERA 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 SAMAD M EDLOU 7016 VIA CABANA CARLSBAD CA 92009 ANTHONY T WANG 1600 HARKNESS ST MANHATTAN BEACH CA 90266 JAMES B & JOCE ERKENBECK 7008 VIA CABANA CARLSBAD CA 92009 MARY MORILLA 7015 VIA CABANA CARLSBAD CA 92009 CARY E & RACHELL MANNING 701 9 VIA CABANA CARLSBAD CA 92009 CARL D &JULIE NORDHOLM 7023 VIA CABANA CARLSBAD CA 92009 LARRY L SOLDATY 7029 VIA CABANA CARLSBAD CA 92009 EDDY G HSIN 7033 VIA CABANA CARLSBAD CA 92009 MARK R & PATRICIA A GOOD 7037 VIA CABANA CARLSBAD CA 92009 Address Labels Laser 5160@ Smooth Feed SheetsT" Use template for 51600 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 JORGE A & SONDRA J ROMAN 231 1 TERM RIBERA CARLSBAD CA 92009 SCOTT L & MEEGHAN AIMONE 231 5 TERAZZA RIBERA CARLSBAD CA 92009 STEPHEN & MAR1 WRIGHT 2319 TERRAZA RIBERA CARLSBAD CA 92009 KASHINAD TR 701 9 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 SWARTZ 7043 VIA CANDREJO CARLSBAD CA 92009 JESSICA M VANONI 7047 VIA CANDREJO CARLSBAD CA 92009 ALAN B & LYNETTE MEYERS 7051 VIA CANDREJO CARLSBAD CA 92009 MONDRE 8 JENNI VANDERLEE 7055 VIA CANDREJO CARLSBAD CA 92009 ALGA HILLS HOMEOWNERS AS PO BOX 160278 BIG SKY MT 5971 6 JUDY H GAZE 181 25 MOON SONG CT SAN DIEGO CA 92127 AUGUSTIN W ROLLINSON 2343 TERW GUITARA CARLSBAD CA 92009 VEEDA J LISLE 2339 TERRAZA GUITARA CARLSBAD CA 92009 RONALD A & E R HILL 2335 TERRAZA GUITARA CARLSBAD CA 92009 JAMES K & OLGA L MORRIS 2324 TERRAZA RIBERA CARLSBAD CA 92009 HEATHER D HAND 2328 TERRAZA RIBERA CARLSBAD CA 92009 ALAN B & JULIE L MARCHER 2331 TERW GUITARA 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 Address Labels Laser 5 l60@ Smooth Feed SheetsTM Use template for 5160@ BARRY W CLARK 2051 ALGA RD CARLSBAD CA 92009 MACE & JAN SIEGEL PO BOX 2172 SANTA MONICA CA 90407 EDWARD J & SANDR MUSBACH 21 05 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 JAY M & SANDEE S FULLER 2145 ALGA RD CARLSBAD CA 92009 W HELEN PERRY TR 7001 ALMADEN LN CARLSBAD CA 92009 WEINBERGER TR 7009 ALMADEN LN CARLSBAD CA 92009 DONALD E & PAMELA A WEBB 7017 ALMADEN LN CARLSBAD CA 92009 TERRILL R MCCABE 7025 ALMADEN LN CARLSBAD CA 92009 F M & NANCY L CORRIGAN 9016 GREENSBORO LN LAS VEGAS NV a9134 IZNER TR 7034 ALMADEN LN CARLSBAD CA 92009 JEAN P DELORME 7026 ALMADEN LN CARLSBAD CA 92009 KENNETH & TRACI KAUFMAN 701 8 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 MARCIN M & ELDRIE LUBICK 701 1 ALICANTE RD CARLSBAD CA 92009 DAVID & DOROTHY KLEINMAN 701 9 ALICANTE RD CARLSBAD CA 92009 RADES TR 7027 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 IRENE MCMILLAN 701 5 ESTRELLA DE MAR RD CARLSBAD CA 92009 MARY G BRANCIFORTE 7013 ESTRELLA DE MAR RD CARLSBAD CA 92009 ELLE FRANCE 2251 FARADAY AVE CARLSBAD CA 92008 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 5 160@ Smooth Feed SheetsTM Use template for 5160* ELAINE J LERER PO BOX 131 624 CARLSBAD CA 92013 PATRICK C & LORNA GRANT 7001 ESTRELLA DE MAR RD CARLSBAD CA 92009 JACQUELYN M LITTLEFIELD 121 BROADWAY 600 SAN DIEGO CA 92101 JAMES S UKEGAWA 4607 TELESCOPE AVE CARLSBAD CA 92008 GLORIA S CHANG 7017 ESTRELLA DE MAR RD CARLSBAD CA 92009 SUSAN P HALLEN TR 7023 ESTRELLA DE MAR RD CARLSBAD CA 92009 LOIS R LEE 7047 ESTRELLA DE MAR RD CARLSBAD CA 92009 THOMAS A & A JEA EMANUEL 7045 ESTRELLA DE MAR RD CARLSBAD CA 92009 BRIAN L & TERl L CLEMENT 7043 ESTRELLA DE MAR RD CARLSBAD CA 92009 DANIEL J CZAPSKI 2315 SANDY LN VISTA CA 92083 KATHRYN L DEMONTE 5055 AVENIDA ENCINAS 120 CARLSBAD CA 92008 LAWRENCE-MARLENE DRASIN 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 91 31 6 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 6110 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 Address Labels laser 5 160@ Smooth Feed S heetsTM I. Use template for 5160@ JAMES T COLLINS JR TR 6423 CAYENNE LN CARLSBAD CA 92009 WALPUSKI TR 6425 CAYENNE LN CARLSBAD CA 92009 PHILIP M & JOYCE S FUSCO 6427 CAYENNE LN CARLSBAD CA 92009 GILLES TR 6429 CAYENNE LN CARLSBAD CA 92009 MERONOFF TR 755 VAN NUYS ST SAN DIEGO 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 HARRYA&CYNTHlACESENA 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 PATRICK & MlRlA GALLAHUE 6424 CAYENNE LN CARLSBAD CA 92009 DENNIS J &JULIE MEAGHER 6422 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 RALAND E & KELLY CAMARA 6434 CAYENNE LN CARLSBAD CA 92009 MASOUD & BONNIE ATAIE 6436 CAYENNE LN CARLSBAD CA 92009 ALEJANDRO V TOVAR 2526 EL GAVILAN CT 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 STRACHAN TR 6433 LA PALOMA ST CARLSBAD CA 92009 JANIE E ALBERTS 6431 LA PALOMA ST CARLSBAD CA 92009 MICHAEL T & LISA M WALSH 2254 VISTA LA NlSA 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 151 9 ELON LN ENClNlTAS CA 92024 Address Labels Laser 5 160@ Smooth Feed SheetsTM Use template for 5160@ WILLIAM & KATHLEEN BLAIR 2534 EL GAVILAN CT CARLSBAD CA 92009 CARLSBAD CA 92009 ROY H LA FORGE JR 2536 EL GAVILAN CT THOMAS C 8 KATHR SCHEETZ 2604 COLlBRl LN CARLSBAD CA 92009 CARLSBAD CA 92009 MARY R & BETTY LEE 2606 COLlBRl LN THOMAS M &TERESA CESEAR 6501 LA PALOMA ST CARLSBAD CA 92009 CARLSBAD CA 92009 HOPE M MITCHEM 6503 LA PALOMA ST ED & GLORIA L TSU 6506 LA PALOMA ST CARLSBAD CA 92009 CARLSBAD CA 92009 E PAUL & MARTHA GOYETTE 6504 LA PALOMA ST KAREN D MORRIS 9030 W SAHARA AVE LAS VEGAS NV 891 17 THE COLONY TX 75056 GRAHAM & SUZANNE THORLEY 3612 COTTONWOOD SPRINGS FRENCH TR 2601 COLlBRl LN CARLSBAD CA 92009 CARLSBAD CA 92009 RICHARD A & JEA FOELLMER 2603 COLlBRl LN JEFFREY A & DONNA S YEE 2607 COLlBRl LN CARLSBAD CA 92009 CARLSBAD CA 92009 CAMPBELL/DAMPLO TR 7013 VIA CALlFlA MARTHA M MEADE 21 29 ALGA RD CARLSBAD CA 92009 SANTA ANA CA 92799 SAN DlEGO GAS & ELECTRIC PO BOX 251 11 MORROW DEVELOPMENT CNLM STE 180 STE H 1903 WRIGHT PL CARLSBAD CA 92008 FALLBROOK CA 92028 425 E ALVARADO ST ICHUNGCHENG 2538 EL GAVILAN CT CARLSBAD CA 92009 JOHN & BRENDA ADAMS 2608 COLlBRl LN CARLSBAD CA 92009 ROBERT R & MARIA FEASEL 6505 LA PALOMA ST CARLSBAD CA 92009 DENNIS A & MARIA PEARSON 6502 LA PALOMA ST CARLSBAD CA 92009 DALE E & VAL D BAKKEN TR 2541 EL GAVILAN CT CARLSBAD CA 92009 DAN A TUFT0 2605 COLlBRl LN CARLSBAD CA 92009 D & LANELL M ALSTON HAROLD 7002 VIA CALlFlA CARLSBAD CA 92009 JACK HENTHORN & ASSOC STE A 5365 AVENIDA ENCINAS CARLSBAD CA 92008 ~A,MERY@ Address Labels Laser 5160@