HomeMy WebLinkAbout2004-11-16; City Council; 17896; VLC - The Ridge neighborhoods 2.1 thru 2.5CITY OF CARLSBAD -AGENDA BILL @
AB# 17,896
MTG- "-''-04
TITLE: DEPT. HD. !lhfl
CT 04-02/PUD 04-011CT 04-03/PUD 04-02/
CT 04-04/PUD 04-03 - VILLAGES OF LA COSTA - ClTYATTY- I CITY MGR RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5 DEPT. PLN 4
Project application(s)
Carlsbad Tracts 04-02/04-03/04-04
0 1 /04-02/04-03
Master Plan Amendment MP 98-
Planned Unit Developments 04-
RECOMMENDED ACTION:
Administrative Reviewed by and To be Reviewed -
Ap p rova Is Final at Planning Final at Council
Commission
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That the City Council ADOPT Resolution No. *OO4-37* , APPROVING CT 04-02, PUD
04-01, CT 04-03, PUD 04-02, CT 04-04 and PUD 04-03 for Villages of La Costa Ridge
Neighborhoods 2.1 - 2.5 as recommended for adoption and approval by the Planning Commission.
On October 6, 2004, the Planning Commission conducted a public hearing on the Villages of La
Costa Ridge Neighborhoods 2.1 through 2.5 projects. The Planning Commission by a vote of 5-0
(Whitton and Heineman absent) recommended approval of Tentative Tract Map 04-02, Planned Unit
Development 04-01 , Tentative Tract Map 04-03, Planned Unit Development 04-02, Tentative Tract
Map 04-04 and Planned Unit Development 04-03. The project site is located to the south of Alga
Road, east of El Fuerte Street and west of Xana Way in Local Facilities Management Zone 11.
The proposed project includes three tentative tract maps to subdivide and grade a total of 156.1
acres into 263 residential lots, 24 open space lots, 20 private streets and 1 private driveway. The
project area includes Neighborhoods 2.1 through 2.5 of the Ridge of the Villages of La Costa Master
Plan. The Master Plan established minimum lot size for these neighborhoods consists of 6,000,
7,500 or 10,000 square feet depending on the specific neighborhood. Three Planned Unit
Developments are requested to allow for gated entries in Neighborhoods 2.1, 2.4 and east of 2.5,
private streets in Neighborhoods 2.1 through 2.5 and a minimum lot size of 6,000 square feet in
Neighborhood 2.5. The Master Plan specifically identified these neighborhoods as gated
communities. Architectural and dwelling unit plot plans are not proposed at this time and will require
approval at a future date of Planned Unit Development Amendments as required by the Villages of
La Costa Master Plan.
A full disclosure of the Planning Commission's discussion of these neighborhoods is in the attached
minutes. Public comments from a single neighborhood resident focused on: 1) the gating of Corintia
Street through the project, 2) the adequacy of public parking for the Citywide Trail that is located
south of the project, and 3) the compatibility of 6,000 square foot lots with surrounding residential
uses. A complete description and staff analysis of the project is in the attached report to the Planning
Commission.
ENVIRONMENTAL:
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). Staff prepared an initial study for the project and concluded that no potentially significant
impacts would result with the implementation of the project that were not previously examined and
evaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master
Plan MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential
PAGE 2 OF AGENDA BILL NO. 17,896
Facilities Zone
Growth Control Point
Net Density
Special Facility Fee
Local Facilities Management Plan
environmental effects of the development and operation of the “Villages of La Costa Master Plan”
and associated actions inclusive of the proposed planning area project reviewed here.
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3.2
1.29 to 2.27
CFD No. 1
The City Council certified EIR 98-07 on October 23, 2001. At that time CEQA Findings of Fact, a
Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were
approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting
Program from EIR 98-07 applicable to the proposed project have been completed, incorporated into
the project design or are required as conditions of approval for the project. Mitigation Measure 4.8-
1A required an acoustical analysis for certain areas of the Master Plan to identify all necessary noise
control requirements on project plans necessary to meet the City of Carlsbad interior and exterior
noise levels. The required study was provided and the projects have been conditioned to require
prior to the issuance of building permits an interior noise assessment to determine proper
architectural treatments (i.e., specialized door and window treatments) that are necessary to meet
the City’s interior noise standard. 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. This project is within the scope of Final Program EIR 98-
07 and no further CEQA compliance is required. EIR 98-07 and the initial study prepared for the
project are available at the Planning Department.
FISCAL IMPACT:
No fiscal impacts have been identified.
GROWTH MANAGEMENT STATUS:
EXHIBITS:
1. City Council Resolution No. 2004-372
2. Location Maps
3.
4.
5.
Planning Commission Resolutions No. 5734, 5735, 5736, 5737, 5739 and 5740
Planning Commission Staff Report, dated October 6, 2004
Draft Excerpts of Planning Commission Minutes, dated October 6,2004.
DEPARTMENT CONTACT: Chris DeCerbo, (760) 602-461 1, cdece@ci.carlsbad.ca.us
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RESOLUTION NO. 2004-372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP 04-02, PLANNED UNIT DEVELOPMENT 04-01,
TENTATIVE TRACT MAP 04-03, PLANNED UNIT
DEVELOPMENT 04-02, TENTATIVE TRACT MAP 04-04, AND
PLANNED UNIT DEVELOPMENT 04-03 FOR PROPERTY
GENERALLY LOCATED SOUTH OF ALGA ROAD, EAST OF EL
FUERTE STREET AND WEST OF XANA WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASENAME: VILLAGES OF LA COSTA RIDGE
NEIGHBORHOODS 2.1 THROUGH 2.5
CASE NO.: CT 04-02/PUD 04-01 /CT 04-03/PUD 04-02/CT
04-04/PUD 04-03
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 6, 2004, hold a duly noticed public hearing as prescribed by law to
consider proposed Tentative Tract Map (CT 04-02), Planned Unit Development (PUD 04-01),
Tentative Tract Map (CT 04-03), Planned Unit Development (PUD 04-02), Tentative Tract Map
(CT 04-04) and Planned Unit Development (PUD 04-03); and
WHEREAS, the City Council of the City of Carlsbad, on the 16'h day of
November, 2004, held a duly noticed public hearing to consider the Tentative Tract Maps and
Planned Unit Developments, and at the time received recommendations, objections, protests,
comments of all persons interested in or opposed to CT 04-02/PUD 04-01KT 04-03/PUD 04-
02/CT 04-04 and PUD 04-03; 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 04-02, Planned Unit Development PUD 04-01, Tentative Tract Map CT
04-03, Planned Unit Development PUD 04-02, Tentative Tract Map CT 04-04 and Planned Unit
Development PUD 04-03 is approved by the City Council and that the findings and conditions of
the Planning Commission contained in Planning Commission Resolutions No. 5734, 5735,
5736, 5737, 5739 and 5740, on file with the City Clerk and made a part hereof by reference, are
the findings and conditions of the City Council except condition 15(g) of Planning Commission
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Resolution No. 5736 which shall instead read: “Educational materials regarding the sensitivity
of the HCPIOSMP shall be given to proposed project residents as part of the CC&Rs and, when
a lot is purchased the purchasers shall acknowledge receipt of said educational materials prior
to the close of escrow.”
3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
“NOTICE TO APPLICANT”
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the @-day of November 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None
OD, City Clerk
(SEAL)
-2-
EXHIBIT 2
/SITE
VILLAGES OF LA COSTA- LA COSTA RIDGE 2.1 & 2.2
CT 04-02/PUD 04-01
VILLAGES OF LA COSTA- LA COSTA RIDGE 2.3 & 2.4
CT 04-03/PUD 04-02
SITE
VILLAGES OF LA COSTA- LA COSTA RIDGE 2.5
CT 04-04/PUD 04-03
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PLANNING COMMISSION RESOLUTION NO. 5734
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFUSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 62.7 ACRES INTO 93 RESIDENTIAL LOTS, 12
OPEN SPACE LOTS, 6 PRIVATE STREET LOTS AND 1
PRIVATE DRIVEWAY LOT ON PROPERTY GENERALLY
LOCATED TO THE SOUTH OF ALGA ROAD, EAST OF EL
FUERTE STREET AND WEST OF XANA WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: VLC RIDGE NEIGHBORHOODS 2.1 AND 2.2
APPROVAL OF CARLSBAD TRACT NUMBER CT 04-02 TO
CASE NO.: CT 04-02
WHEREAS, Morrow Development, “Developer,” has filed
EXHIBIT 3
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 221,226,227,228,229,246 and 247
of Carlsbad Tract No. 99-04-02, Villages of La Costa - La
Costa Ridge, Neighborhoods 2.1 and 2.2 in the City of
Carlsbad, County of San Diego, State of California according
to map thereof No. 14838 filed in the Office of the County
Recorder of San Diego County on 7-14-04
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “X” dated October 6, 2004, on file in the Planning
Department VLC RIDGE NEIGHBORHOODS 2.1 AND 2.2 - CT 04-02, as provided by
Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 2004, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VLC RIDGE NEIGHBORHOODS 2.1
AND 2.2 - CT 04-02, based on the following findings and subject to the
following conditions:
Findings:
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 future land uses since
surrounding properties are designated for single-family residential development or as
open space on the General Plan, in that they are designated as RLM (Low-Medium
Density Residential) or OS (Open Space).
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the applicable City regulations including the Villages of La Costa Master Plan.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map the developer is conditioned to obtain any
easements required for the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family residences with adequate separation to
provide residents with adequate air circulation within and surrounding any future
residential units.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
9 PC RES0 NO. 5734 -2-
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8.
9.
10.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the proposed development is not within a preserve area of the Habitat
Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan 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
S ys tem (NPDE S) 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 6, 2004 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 First Amended and Restated Affordable Housing
Agreement (dated 2/21/03) approved for the Villages of La Costa. The
Greens Affordable Apartment Project has been approved and units in that
project will satisfy the inclusionary housing requirements for this project.
Open Space and Conservation - The Open Space Preserve Areas are identified
in the Habitat Conservation Plan, certified Final EIR 98-07, and master plan.
The project will not impact the designated open space and will provide
master plan trails and connections to the adjacent neighborhoods as
identified in the master plan.
Noise - Pursuant to the recommendations of a project specific noise study
prepared for the tentative map, the project has been conditioned to require
an interior noise assessment to determine proper architectural treatments
(i.e., specialized door and window treatments) for any identified lots where
the CNEL exceeds 60 dBA at the second story.
Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
-3- la PC RES0 NO. 5734
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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 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
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.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 11 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
The Planning Director has determined that:
a. the project is a subsequent activity of the Villages of La Costa Master Plan for
which a program EIR was prepared, and a notice for the activity has been given,
which includes statements that this activity is within the scope of the program
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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 98-07 was certified in connection
with the prior Master 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 EIR 98-07 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 fbrther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4.
PC RES0 NO. 5734 -5-
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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5.
6.
7.
8.
9.
10.
11.
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities for the permits being issued.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. Notes: A note to this
effect shall be placed on the Final Map.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures 4.4-22, 4.4-23, 4.4-29, 4.4-30, 4.7-7, 4.7-9, 4.7-13, 4.8-1, 4.8-2, 4.8-3, 4.9-1,
8,4.11-9,4.11-10,4.12-9,4.12-10,4.12-11 and 4.13-5.
4.9-2,4.9-3,4.9-4,4.10-8, 4.10-9,4.10-10,4.10-11,4.10-12,4.11-2,4.11-6,4.11-7,4.11-
This approval is granted subject to the approval of PUD 04-01 and is subject to all
conditions contained in Planning Commission Resolution No. 5735 for that other
approval.
PC RES0 NO. 5734 -6-
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12.
13.
14.
15.
Developer shall construct the required inclusionary units as stipulated in the First
Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
between Real Estate Collateral Management Company and the City of Carlsbad
concurrent with the project’s market rate units, unless both the final decision making
authority of the City and the Developer agree within an Affordable Housing Agreement to
an alternate schedule for development.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement 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.
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17.
18.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
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
hidher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in the project Exhibits.
f. Outdoor lighting restrictions for private residential lots located adjacent to the
HCP/OMSP shall be noted in the proposed project CC&Rs.
g. 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.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall submit a street name list consistent with the City’s street name policy
subject to the Planning Director’s approval prior to final map approval.
Prior to the issuance of the grading permit or recordation of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
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19.
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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 and Planned Development Permit by Resolutions No. 5734 and 5735 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 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).
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).
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25. Removal of native vegetation and development of Open Space Lots 91 - 96 and 98 - 105,
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 Exhibits “A” -
V” is specifically prohibited, except upon written order of the Carlsbad Fire Department
for fire prevention purposes, or upon written approval of the Planning Director, and
(California Coastal Commission if in Coastal Zone), based upon a request from the
Homeowners Association accompanied by a report from a qualified arboristhotanist
indicating the need to remove specified trees and/or plants because of disease or
impending danger to adjacent habitable dwelling units. For areas containing native
vegetation the report required to accompany the request shall be prepared by a qualified
biologist.
26. Any signs proposed for this development shall at a minimum be designed in conformance
with the Villages of La Costa Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
Engineering
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 and does hereby agree to indemnify, protect, defend and hold harmless
the City of Carlsbad, its Council members, agents, officers, and representatives, from and
against any and all liabilities, losses, damages, demands, claim 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 parcel map, (b) City’s approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, including an action filed within the time period specified in
Government Code Section 66499.37 and (c) Developer’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 provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
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32.
33.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all street intersections in
. with Engineering S-tandards.
FeedAgreements
xordance
34. 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.
35. 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.
36. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
37. 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.
38. 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 prior to issuance of any building permits.
Dedications/Improvements
39. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for easements as shown on the tentative map. Offers shall be
made by a certificate on the final map, or by separate recorded document. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
40. Traffic calming devices shall be installed as required by the City Engineer. The
specific design and location of said devices shall be determined during final design
of the subdivision improvements.
41. 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.
42. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
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43.
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to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
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
paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, to City Standards and to the
satisfaction of the City Engineer. The improvements are:
a)
b)
All those public improvements and improvements necessary to support the
proposed development, as shown on the tentative map.
Unless previously constructed prior to recordation of the final map, all those
improvements within neighborhood 2.3 and 2.4 of Carlsbad Tract CT 04-03
necessary to provide a secondary vehicular access point to serve the proposed
development.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Prior to approval of the final map or issuance of a grading permit, Developer shall
process, and obtain approval of, a construction change to the existing City approved
improvement plans (397-3) to incorporate recycled water lines, to the satisfaction of
the Carlsbad Municipal Water District's Engineer.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifylng prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
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46.
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C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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. include all content as established by the California Regional Water Quality Control
Board requirements;
b. include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
c. 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.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean LIP 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.
d.
e.
f.
Prior to occupancy, Developer shall install street lights, sidewalks, and wheelchair
ramps, along all public and private street frontages abutting and/or within the subdivision
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49.
boundary in conformance with City of Carlsbad Standards.
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
50. Developer shall show on Final Map the net developable acres for each parcel.
51. Developer shall relocate all the easements pursuant to the Easement Agreement
recorded on June 15 1984 as Document No. 84-224556 for the benefit of the entire
Dominant parcel (entire NAP area). The relocated easements shall generally be
located in or adjacent to Paseo Abrazo, Corintia Street (between Paseo Abrazo and
Lot 97 of Map No. 14838), and lots 96 & 97 of Map No. 14838.
52. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A.
B.
C.
D.
...
All improvements are privately owned and are to be privately maintained with the
exception of the following:
1.
2.
Public water mains and appurtenances
Public sanitary sewer mains and appurtenances
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
Geotechnical Caution:
1.
2.
Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnib the City of Carlsbad
from any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
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Code Reminders:
The project is subject to all app
the following:
53.
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icable provisions of local or( inances, including but not limited to
Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code unless determined to be
satisfied through compliance with the provisions of the 1996 Parks Agreement.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.Developer shall exercise special care during the construction
phase of this project to prevent offsite siltation. Planting and erosion control shall be
provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading
Ordinance) to the satisfaction of the City Engineer.
Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
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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 fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN:
R, Vice Chairperson
PLANNING COMMISSION
ATTEST:
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 5735
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
SOUTH OF ALGA ROAD, EAST OF EL FUERTE STREET
AND WEST OF XANA WAY IN LOCAL FACILITIES
MANAGEMENT ZONE 1 1.
CASE NAME: VLC RIDGE NEIGHBORHOODS 2.1 AND 2.2
PUD 04-01 ON PROPERTY GENERALLY LOCATED TO THE
CASE NO.: PUD 04-01
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
Being a subdivision of Lots 221,226,227,228,229,246 and 247
of Carlsbad Tract No. 99-04-02, Villages of La Costa - La
Costa Ridge, Neighborhoods 2.1 and 2.2 in the City of
Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “V” dated October 6, 2004, on file in the
Planning Department, VLC RIDGE NEIGHBORHOODS 2.1 AND 2.2 - PUD 04-01, as
provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Planned Unit Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct. a4
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VLC RIDGE NEIGHBORHOODS 2.1
AND 2.2 - PUD 04-01, based on the following findings and subject to the
following conditions:
Findinvs:
1. That the proposed project complies with all applicable development standards included
within Chapter 2 1.45 of the Carlsbad Municipal Code, in that the development of a
gated community with private streets and single-family homes on minimum 7,500
square foot lots is consistent with the Villages of La Costa Master Plan, is
compatible with adjacent existing and planned land uses, and the project design
conforms to all design and development standards applicable to the property.
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, lot 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.
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 further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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challenged, this approval. shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Planned Development
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of CT 04-02 and is subject to all
conditions contained in Planning Commission Resolution No. 5734 for that other
approval.
Prior to the issuance of building permits, a Major Planned Unit Development
Permit Amendment shall be approved by the City Council for the architecture and
plotting of units.
Prior to the issuance of building permits, an interior noise assessment to determine
proper architectural treatments (Le., specialized door and window treatments) shall
be required for all project lots where the CNEL exceeds 60 dBA at the second story
(as identified in the Acoustical Site Assessment La Costa Ridge Tentative Maps 2.1
Through 2.5, Investigative Science and Engineering, 1/26/04).
PC RES0 NO. 5735 -3 -
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN:
R, Vice Chairperson
COMMISSION
ATTEST:
MICHAEL J. HMZMELER
Planning Director
PC RES0 NO. 5735 -4- 47
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PLANNING COMMISSION RESOLUTION NO. 5736
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 62.1 ACRES INTO 104 RESIDENTIAL LOTS, 6
OPEN SPACE LOTS AND 9 PRIVATE STREET LOTS ON
PROPERTY GENERALLY LOCATED TO THE EAST OF EL
FUERTE STREET AND ALONG THE NORTH AND SOUTH
SIDES OF CORTNTIA STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1 1.
CASE NAME: VLC RIDGE NEIGHBORHOODS 2.3 AND 2.4
APPROVAL OF CARLSBAD TRACT NUMBER CT 04-03 TO
CASE NO.: CT 04-03
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
Being a subdivision of Lots 222, 230,231, and 232 of Carlsbad
Tract No. 99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhoods 2.3 and 2.4 in the City of Carlsbad, County of
San Diego, State of California according to map thereof No.
14838 filed in the Office of the County Recorder of San Diego
County on 7-14-04
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “X” dated October 6, 2004, on file in the Planning
Department VLC RIDGE NEIGHBORHOODS 2.3 AND 2.4 - CT 04-03, as provided by
Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 2004, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
&f
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VLC RIDGE NEIGHBORHOODS 2.3
AND 2.4 - CT 04-03 based on the following findings and subject to the following
conditions :
1.
2.
3.
4.
5.
6.
7.
That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes ahd
configuration and have been designed to comply with all other applicable City
regulations including the Villages of La Costa Master Plan.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single-family residential development or as
open space on the General Plan, in that they are designated as RLM (Low-Medium
Density Residential) or OS (Open Space).
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the applicable City regulations including the Villages of La Costa Master Plan.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map the developer is conditioned to obtain any
easements required for the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family residences with adequate separation to
provide residents with adequate air circulation within and surrounding any future
residential units.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
PC RES0 NO. 5736 -2-
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8.
9.
10.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the proposed development is not within a preserve area of the Habitat
Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan 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 6, 2004 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, subject to the
approval of NIP 98-O1(C), 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 First Amended and Restated Affordable Housing
Agreement (dated 2/21/03) approved for the Villages of La Costa. The
Greens Affordable Apartment Project has been approved and units in that
project will satisfy the inclusionary housing requirements for this project.
Open Space and Conservation - The Open Space Preserve Areas are identified
in the Habitat Conservation Plan, certified Final EIR 98-07, and master plan.
The project will not impact the designated open space and will provide
master plan trails and connections to the adjacent neighborhoods as
identified in the master plan.
Noise - Pursuant to the recommendations of a project specific noise study
prepared for the tentative map, the project has been conditioned to require
an interior noise assessment to determine proper architectural treatments
(Le., specialized door and window treatments) for any identified lots where
the CNEL exceeds 60 dBA at the second story.
Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
-3 - 30 PC RES0 NO. 5736
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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 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
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.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concup-ently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 11 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
The Planning Director has determined that:
a. The project is a subsequent activity of the Villages of La Costa Master Plan for
which a program EIR was prepared, and a notice for the activity has been given,
which includes statements that this activity is within the scope of the program
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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 98-07 was certified in connection
with the prior Master 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 EIR 98-07 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 cawed 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
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, orthe payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
PC RES0 NO. 5736 -5- 32
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6.
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challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities for the permits being issued.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. Notes: A note to this
effect shall be placed on the Final Map.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures 4.4-22, 4.4-23, 4.4-29, 4.4-30, 4.7-7, 4.7-9, 4.7-13, 4.8-1, 4.8-2, 4.8-3, 4.9-1,
8,4.11-9,4.11-10,4.12-9,4.12-10,4.12-11 and 4.13-5.
4.9-2,4.9-3,4.9-4,4.10-8,4.10-9,4.10-10,4.10-11,4.10-12,4.11-2,4.11-6,4.11-7,4.11-
This approval is granted subject to the approval of PUD 04-01 and MP 98-01(C) and is
subject to all conditions contained in Planning Commission Resolutions No. 5737 and
5738 for those other approvals.
PC RES0 NO. 5736 -6- 33
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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 thving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a.
b.
C.
General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
PC RES0 NO. 5736 -7- 34
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d.
e.
f.
g-
h.
i.
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.
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.
No combustible patio covers, decks or similar structures to homes shall occur
within the first 20 feet (Zone 1) of the 60 foot Fire Protection Zone unless fire
rated or heavy timber materials are utilized and approval of said materials shall
be obtained prior to installation from the Building Department.
Unless the Fire Protection Zone begins at the property line, trees and shrubs
shall be prohibited in the first 20 feet of the 60 foot zone.
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 11, pursuant to Chapter 21.90. All such
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taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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, notifjmg all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map and Planned Development Permit by Resolutions No. 5736 and 5737 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 final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
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25.
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 104 - 109, 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 Exhibits “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, and
(California Coastal Commission if in Coastal Zone), based upon a request from the
Homeowners Association accompanied by a report from a qualified arboristhotanist
indicating the need to remove specified trees and/or plants because of disease or
impending danger to adjacent habitable dwelling units. For areas containing native
vegetation the report required to accompany the request shall be prepared by a qualified
biologist.
Any signs proposed for this development shall at a minimum be designed in conformance
with the Villages of La Costa Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
Engineering
General
26. 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.
27. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
28. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless
the City of Carlsbad, its Council members, agents, officers, and representatives, from and
against any and all liabilities, losses, damages, demands, claim 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 parcel map, (b) City’s approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, including an action filed within the time period specified in
Government Code Section 66499.37 and (c) Developer’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.
29. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
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located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
30. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
3 1. There shall be one Final Map recorded for this project.
32. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
FeedAgreements
33. 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.
34. 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.
35. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
36. 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.
37. 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 prior to issuance of any building permits.
38. Construction of the trail between lots 9 and 10 shall be clearly shown on the grading
plans.
Dedications/Improvements
39. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor
other appropriate entities for easements as shown on the tentative map. Offers shall be
made by a certificate on the final map, or by separate recorded document. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
40. Traffic calming measures shall be installed as required by the City Engineer. The
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specific design and location of said measures shall be determined during final design
of the subdivision improvements.
Prior to recordation of the final map, Developer shall process a construction change
to City approved drawings 397-3 and 397-3A to reflect the desired modifications at
the project entry adjacent to El Fuerte Street.
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 provide the design of all private streets and drainage systems to
the satisfaction of the City Engineer. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
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
paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, to City Standards and to the
satisfaction of the City Engineer. The improvements are:
a)
b)
All those public improvements and improvements necessary to support the
proposed development, as shown on the tentative map.
Unless previously constructed prior to recordation of the final map, all those
improvements within neighborhood 2.1 and 2.2 of Carlsbad Tract CT 04-02
necessary to provide a secondary vehicular access point to serve the proposed
development.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Prior to approval of the final map or issuance of a grading permit, Developer shall
process, and obtain approval of, a construction change to the existing City approved
improvement plans (397-3) to incorporate recycled water lines, to the satisfaction of the
Carlsbad Municipal Water District's Engineer.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
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48.
limited to notifjmg prospective owners and tenants of the following:
A.
B.
C.
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or seduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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
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.
d.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a. identify existing and post-development on-site pollutants-of-concern;
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49.
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b.
c.
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
Prior to occupancy, Developer shall install street lights, sidewalks, and wheelchair
ramps, along all public and private street frontages abutting and/or within the subdivision
boundary in conformance with City of Carlsbad Standards.
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
5 1. Developer shall show on Final Map the net developable acres for each parcel.
52. Abandonment or quitclaim of a portion of the existing relinquishment of access
rights adjacent to lot 119 as shown on map 14838 shall be processed prior to or
concurrently with recordation of the final map.
53. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1.
2.
Public water mains and appurtenances
Public sanitary sewer mains and appurtenances
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
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Fire
54.
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2. 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.
D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
All building elevations of future homes on Lots 1, 2, 4, 5, 6, 7, 8, 43, 44 and 55 that
abut the Fire Protection Zones shall be constructed with 1-hour fire resistive
exterior walls and features, rated in conformance with the California Building Code
(CBC). Contact the Carlsbad Fire Department for approved materials and methods.
Lots that are subject to this special condition shall have the suffix “FR” added to the
lot designator and shall be noted by lot number on the title sheet of the tentative
map mylar.
No combustible patio covers, decks or similar structures to homes shall occur within
the first 20 feet (Zone 1) of the 60 foot Fire Protection Zone unless fire rated or
heavy timber materials are utilized and approval of said materials shall be obtained
prior to installation from the Building Department.
Unless the Fire Protection Zone begins at the property line, trees and shrubs shall be
prohibited in the first 20 feet (Zone 1) of the 60 foot zone.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
57. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code unless determined to be
satisfied through compliance with the provisions of the 1996 Parks Agreement.
58. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
59. 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.
60. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.Developer shall exercise special care during the construction
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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.
62. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
63. Some improvements shown on the tentative parcel map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest. The Developer shall immediately initiate negotiations to acquire such
property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and
comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to
notify and enable the City to successfully acquire said property by condemnation.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these 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 NOTFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
...
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by
the following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN:
n
R, Vice Chairperson
PLANNING COMMISSION
ATTEST:
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 5737
A RESOLUTION OF THE PLAN”G COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL, OF PLANNED UNIT DEVELOPMENT PERMIT
EAST OF EL FUERTE STREET AND ALONG THE NORTH
AND SOUTH SIDES OF COIUNTIA STREET IN LOCAL,
FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: VLC RIDGE NEIGHBORHOODS 2.3 AND 2.4
PUD 04-02 ON PROPERTY GENERALLY LOCATED TO THE
CASE NO.: PUD 04-02
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
Being a subdivision of Lots 222,230, 231, and 232 of Carlsbad
Tract No. 99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhoods 2.3 and 2.4 in the City of Carlsbad, County of
San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “X” dated October 6, 2004, on file in the
Planning Department, VLC RIDGE NEIGHBORHOODS 2.3 AND 2.4 - PUD 04-02, as
provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Planned Unit Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VLC RIDGE NEIGHBORHOODS 2.3
AND 2.4 - PUD 04-02 based on the following findings and subject to the
following conditions:
Findinm:
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 a
gated community with private streets and single-family homes on minimum 10,000
square foot lots is consistent with the Villages of La Costa Master Plan, is
compatible with adjacent existing and planned land uses, and the project design
conforms to all design and development standards applicable to the property.
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, lot 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.
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 further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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5.
6.
7.
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challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
a€l requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Planned Development
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of CT 04-03 and MP 98-01(C) and is
subject to all conditions contained in Planning Commission Resolution No. 5736 and
5738 for those other approvals.
Prior to the issuance of building permits, a Major Planned Unit Development
Permit Amendment shall be approved by the City Council for the architecture and
plotting of units.
Prior to the issuance of building permits, an interior noise assessment to determine
proper architectural treatments (i.e., specialized door and window treatments) shall
be required for all project lots where the CNEL exceeds 60 dBA at the second story
(as identified in the Acoustical Site Assessment La Costa Ridge Tentative Maps 2.1
Through 2.5, Investigative Science and Engineering, 1/26/04).
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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
“feedexac tions. ”
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN:
R, Vice Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. H~~ZM~LER
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 5739
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 30.7 ACRES INTO 66 RESIDENTIAL LOTS, 6
OPEN SPACE LOTS AND 5 PRIVATE STREET LOTS ON
PROPERTY GENERALLY LOCATED TO THE WEST OF
’ XANA WAY AND ALONG THE NORTH AND SOUTH SIDES
OF CORINTIA STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1 1.
CASE NAME:
APPROVAL OF CARLSBAD TRACT NUMBER CT 04-04 TO
VLC RIDGE NEIGHBORHOOD 2.5
CASE NO.: CT 04-04
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
Being a subdivision of Lots 220, 224, 225, and 236 of Carlsbad
Tract No. 99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhood 2.5 in the City of Carlsbad, County of San
Diego, State of California according to map thereof No. 14838
filed in the Office of the County Recorder of San Diego County
on 7-14-04
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “0” dated October 6, 2004, on file in the Planning
Department VLC RIDGE NEIGHBORHOOD 2.5 - CT 04-04, as provided by Chapter 20.12
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 2004, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4P
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
04-04, based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of VLC RIDGE NEIGHBORHOOD 2.5 - CT
Findings:
1.
2.
3.
4.
5.
6.
7.
8.
That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable City
regulations including the Villages of La Costa Master Plan.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single-family residential development or as
open space on the General Plan, in that they are designated as RLM (Low-Medium
Density Residential) or OS (Open Space).
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the applicable City regulations including the Villages of La Costa Master Plan.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map the developer is conditioned to obtain any
easements required for the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family residences with adequate separation to
provide residents with adequate air circulation within and surrounding any future
residential units.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
PC RES0 NO. 5739 -2-
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9.
10.
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 6, 2004 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 First Amended and Restated Affordable Housing
Agreement (dated 2/21/03) approved for the Villages ,of La Costa. The
Greens Affordable Apartment Project has been approved and units in that
project will satisfy the inclusionary housing requirements for this project.
Open Space and Conservation - The Open Space Preserve Areas are identified
in the Habitat Conservation Plan, certified Final EIR 98-07, and master plan.
The project will not impact the designated open space and will provide
master plan trails and connections to the adjacent neighborhoods as
identified in the master plan.
Noise - Pursuant to the recommendations of a project specific noise study
prepared for the tentative map, the project has been conditioned to require
an interior noise assessment to determine proper architectural treatments
@e., specialized door and window treatments) for any identified lots where
the CNEL exceeds 60 dBA at the second story.
Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
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11.
12.
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f. Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards and
the Villages of La Costa Master Plan.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof fiom 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.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 11 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
The Planning Director has determined that:
a. the project is a subsequent activity of the Villages of La Costa Master Plan for
which a program EIR was prepared, and a notice for the activity has been given,
which includes statements that this activity is within the scope of the program
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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 98-07 was certified in connection
with the prior Master Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
e, none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
f. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR 98-07 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
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4.
PC RES0 NO. 5739
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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5.
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challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities for the permits being issued.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. Notes: A note to this
effect shall be placed on the Final Map.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures 4.4-22, 4.4-23, 4.4-29, 4.4-30, 4.7-7, 4.7-9, 4.7-13, 4.8-1, 4.8-2, 4.8-3, 4.9-1,
8,4.11-9,4.11-10,4.12-9,4.12-10,4.12-11 and 4.13-5.
4.9-2,4.9-3,4.9-4,4.10-8,4.10-9,4.10-10,4.10-11,4.10-12,4.11-2,4.11-6, 4.11-734.11-
This approval is granted subject to the approval of PUD 04-03 and is subject to all
conditions contained in Planning Commission Resolution No. for that other approval.
PC RES0 NO. 5739 -6- 54
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12.
13.
14.
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Developer shall construct the required inclusionary units as stipulated in the First
Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
between Real Estate Collateral Management Company and the City of Carlsbad
concurrent with the project’s market rate units, unless both the final decision making
authority of the City and the Developer agree within an Affordable Housing Agreement to
an alternate schedule for development.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots andor the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perfonn 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 andor Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
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d.
e.
f.
g.
h.
i.
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
fill1 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/OSMP shall be noted in the proposed project CC&Rs.
Educational materials regarding the sensitivity of the HCP/OSMP 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.
No combustible patio covers, decks or similar structures to homes shall occur
within the first 20 feet (Zone 1) of the 60 foot Fire Protection Zone unless fire
rated or heavy timber materials are utilized and approval of said materials shall
be obtained prior to installation from the Building Department.
Unless the Fire Protection Zone begins at the property line, trees and shrubs shall be
prohibited in the first 20 feet of the 60 foot zone.
15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
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taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall submit a street name list consistent with the City’s street name policy
subject to the Planning Director’s approval prior to final map approval.
Prior to the issuance of the grading permit or recordation of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map and Planned Development Permit by Resolutions No. 5739 and 5740 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 final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
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24.
25.
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 67 - 72, 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 Exhibits “A” - “M”
is specifically prohibited, except upon written order of the Carlsbad Fire Department for
fire prevention purposes, or upon written approval of the Planning Director, and
(California Coastal Commission if in Coastal Zone), based upon a request from the
Homeowners Association accompanied by a report fiom a qualified arboristhotankt
indicating the need to remove specified trees and/or plants because of disease or
impending danger to adjacent habitable dwelling units. For areas containing native
vegetation the report required to accompany the request shall be prepared by a qualified
biologist.
Any signs proposed for this development shall at a minimum be designed in conformance
with the Villages of La Costa Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
Engineering
27. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval fiom, the City Engineer
for the proposed haul route.
28. 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.
29. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless
the City of Carlsbad, its Council members, agents, officers, and representatives, from and
against any and all liabilities, losses, damages, demands, claim 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 parcel map, (b) City’s approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, including an action filed within the time period specified in
Government Code Section 66499.37 and (c) Developer’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 provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
30.
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31.
32.
33.
Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
FeedAgreements
34. 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.
35. 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.
36. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
37. 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.
38. 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 prior to issuance of any building permits.
39. The relocation and reconstruction of the proposed trail along the southerly
boundary of the project shall be clearly shown on the grading plans for the tentative
map.
Dedications/Improvements
40. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for easements, including the on-site and off-site proposed
public trail easement, shown on the tentative map. On-site offers shall be made by a
certificate on the final map, off-site offers shall be made by separate recorded document.
All land so offered shall be offered free and clear of all liens and encumbrances and
without cost.
PC RES0 NO. 5739 11- . 59
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41.
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47 I
The quitclaim of the existing public trail easement over lot 234 shall be processed
and recorded concurrently with the final map.
Traffic calming measures shall be installed as required by the City Engineer. The
specific design and location of said measures shall be determined during final design
of the subdivision improvements.
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 provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
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
paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, to City Standards and to the
satisfaction of the City Engineer. The improvements are:
a)
b)
All those public improvements and improvements necessary to support the
proposed development, as shown on the tentative map.
Unless previously constructed prior to recordation of the final map, all those
improvements within neighborhood 2.1 of Carlsbad Tract CT 04-02
necessary to provide a secondary vehicular access point to serve the proposed
development.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Prior to approval of the final map or issuance of a grading permit, Developer shall
process, and obtain approval of, a construction change to the existing City approved
improvement plans (397-3) to incorporate recycled water lines, to the satisfaction of
the Carlsbad Municipal Water District's Engineer.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable 'level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
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limited to notifying prospective owners and tenants of the following:
A.
B.
C.
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifi-eeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
48. 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
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.
d.
49. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a. identify existing and post-development on-site pollutants-of-concern;
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50.
51.
b.
c.
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
Prior to occupancy, Developer shall install street lights, sidewalks, and wheelchair
ramps, along all public and private street frontages abutting and/or within the subdivision
boundary in conformance with City of Carlsbad Standards.
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 andor radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
52.
53.
Developer shall show on Final Map the net developable acres for each parcel.
Prior to approval of a final map, Developer shall cause the existing SDG&E
easement, shown on the tentative map legend as easement “A,” to be quitclaimed.
Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A.
54.
All improvements are privately owned and are to be privately maintained with the
exception of the following:
1.
2.
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
Public water mains and appurtenances
Public sanitary sewer mains and appurtenances
A.
C. Geotechnical Caution:
1.
2.
Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
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
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Fire
55.
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56.
57.
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.
D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
All building elevations of future homes on Lots 39-42 that abut the Fire Protection
Zones shall be constructed with 1-hour fire resistive exterior walls and features,
rated in conformance with the California Building Code (CBC). Contact the
Carlsbad Fire Department for approved materials and methods. Lots that are
subject to this special condition shall have the suffix “FR” added to the lot
designator and shall be noted by lot number on the title sheet of the tentative map
mylar.
No combustible patio covers, decks or similar structures to homes shall occur within
the first 20 feet (Zone 1) of the 60 foot Fire Protection Zone unless fire rated or
heavy timber materials are utilized and approval of said materials shall be obtained
prior to installation from the Building Department.
Unless the Fire Protection Zone begins at the property line, trees and shrubs shall be
prohibited in the first 20 feet of the 60-foot zone.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
58. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code unless determined to be
satisfied through compliance with the provisions of the 1996 Parks Agreement.
59. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
60. 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.
61.
62.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
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64.
65.
66.
67.
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with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the tentative parcel map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
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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 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 NOTFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN:
ice Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HMMILMR
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 5740
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
WEST OF XANA WAY AND ALONG THE NORTH AND
SOUTH SIDES OF CORINTIA STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME:
PUD 04-03 ON PROPERTY GENERALLY LOCATED TO THE
VLC RIDGE NEIGHBORHOOD 2.5
CASE NO.: PUD 04-03
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
Being a subdivision of Lots 220, 224, 225, and 236 of Carlsbad
Tract No. 99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhood 2.5 in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “M” dated October 6, 2004, on file in the
Planning Department, VLC RIDGE NEIGHBORHOOD 2.5 - PUD 04-03, as provided by
Chapter 2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Planned Unit Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
PUD 04-03 based on the following findings and subject to the following
conditions :
RECOMMENDS APPROVAL of VLC RIDGE NEIGHBORHOOD 2.5 -
FindinPs:
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 a
gated community with private streets and single-family homes on minimum 6,000
square foot lots is consistent with the Villages of La Costa Master Plan, is
compatible with adjacent existing and planned land uses, and the project design
conforms to all design and development standards applicable to the property.
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, lot 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.
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 further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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5.
6.
7.
8.
9.
10.
11.
12.
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challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Planned Development
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director fiom the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of CT 04-04 and is subject to all
conditions contained in Planning Commission Resolution No. 5739 for that other
approval.
Prior to the issuance of building permits, a Major Planned Unit Development
Permit Amendment shall be approved by the City Council for the architecture and
plotting of units.
Prior to the issuance of building permits, an interior noise assessment to determine
proper architectural treatments (i.e., specialized door and window treatments) shall
be required for all project lots where the CNEL exceeds 60 dBA at the second story
(as identified in the Acoustical Site Assessment La Costa Ridge Tentative Maps 2.1
Through 2.5, Investigative Science and Engineering, 1/26/04).
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN:
R, Vice Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HO-MIL&R
Planning Director
L9 PC RES0 NO. 5740 -4-
The City of Carlsbad Planning Department EXHIBIT 4
P.C. AGENDA OF: October 6,2004
A REPORT TO THE PLANNING COMMISSION
Application complete date: May 13,2004
Project Planner: Chris DeCerbo
Pmject Engineer: John Maashoff
Item No. 0
SUBJECT: CT 04-02/PUD 04-01/CT 04-03/PUD 04-02/MP 98-01(C)/CT 04-04/PUD 04-03 - VILLAGES OF LA COSTA - FUDGE NEIGHBORHOODS 2.1
THROUGH 2.5 - 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; a
recommendation of approval of three Tentative Tract Maps and three Planned
Development Permits, and approval of a minor Amendment to the Villages of La
Costa Master Plan. The Tentative Tract Maps will subdivide Neighborhoods 2.1
through 2.5 into a total of 263 residential lots with minimum lot areas of 6,000,
7,500 or 10,000 square feet depending on the neighborhood requirement of the
Villages of La Costa Master Plan, 20 private street lots, 1 private driveway lot and
24 open space lots. The Planned Development Permits are to allow for a
minimum lot size of 6,000 square feet in Neighborhood 2.5, gated entries in
Neighborhoods 2.1, 2.4 and east of 2.5 and private streets in Neighborhoods 2.1
through 2.5. As permitted by the Master Plan, the Master Plan Amendment is to
transfer a total of 2 dwelling units (one unit each from Neighborhoods 2.4 and
2.6) to Neighborhood 2.3. The project site is located to the south of Alga Road,
east of El Fuerte Street and west of Xana Way in Local Facilities Management
Zone 11.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5734, 5735,
5736, 5737, 5739 and 5740 RECOMMENDING APPROVAL of a Tentative Tract Map (CT
04-02), Planned Development Permit (PUD 04-01), Tentative Tract Map (CT 04-03), Planned
Development Permit (PUD 04-02), Tentative Tract Map (CT 04-04) and Planned Development
Permit (PUD 04-03), and ADOPT Planning Commission Resolution No. 5738 APPROVING
Master Plan Amendment (MP 98-01(C)), based on the findings and subject to the conditions
contained therein.
11. INTRODUCTION
The proposed project includes three tentative tract maps to subdivide and grade a total of 156.1
acres into 263 residential lots, 20 private street lots, 1 private dnveway lot and 24 open space
lots. The project area includes Neighborhoods 2.1 through 2.5 of the Ridge of the Villages of La
Costa Master Plan. The location of each neighborhood is depicted on the attached exhibit
labeled “The Ridge Development Plan.” The Villages of La Costa Master Plan established
minimum lot size for these neighborhoods, which consists of 6,000, 7,500 or 10,000 square feet
depending on the specific neighborhood. Three Planned Development Permits are requested to
CT 04-02PUD 04-01/CT 04-03PUD 04-02L!” 98-01 (C)/CT 04-04/PUD 04-03 - VILLAGES
OF LA COSTA - FXDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
Application Master Plan
Number Neighborhood
allow for gated entries in Neighborhoods 2.1, 2.4 and east of 2.5, private streets in
Neighborhoods 2.1 through 2.5 ad a minimum lot size of 6,000 square feet in Neighborhood
2.5. The Master Plan Amendment is to transfer a total of two dwelling units (one unit each from
Neighborhoods 2.4 and 2.6) to Neighborhood 2.3. Archictectural and dwelling unit plot plans
are not proposed at this time and will require approval at a hture date of Planned Development
Permit Amendments 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 being requested.
The Minor Master Plan Amendment is final at the Planning Commission. All of the other
applications require City Council action.
Area Residential Minimum
Lots Lot Size
Permitted Required
bv the MP
B acknround
Number of
Lots
Proposed
55
residentiaV6
open spaceh
private street
On October 23, 2001 the City Council certified the Final Program EIR, approved the Master
Plan, a Master Tentative Tract Map and related applications for the Villages of La Costa project.
The Villages of La Costa Master Plan establishes the permitted uses, development standards, and
design criteria for each neighborhood as well as the development review process to be utilized.
Master Tentative Tract Map, CT 99-04 subdivided the area into open space areas and established
the neighborhood development area boundaries. A final map has recorded for the Ridge area.
Plans for mass grading and improvement plans have been approved. Construction is presently
ongoing for the Ridge.
Density
(dwelling
units per
acre)
1.65
du/ac
Project Description
CT 04-02/
PUD 04-01
The 156.1 acre project site is located on the south side of Alga Road between El Fuerte Street
and Xana Way within the Villages of La Costa Master Plan and Zone 11 Local Facilities
Management Plan. The project area includes Neighborhoods 2.1 through 2.5 of the Villages of
La Costa Ridge. Development of the neighborhoods requires fiirther subdivision of the
neighborhood planning area lots created by Master Tentative Tract Map CT 99-04, finish grading
and infrastructure improvements. The project area is bordered to the north, east and west by
existing residential neighborhoods and to the south and southeast by Area 2.A, a 284.5 acre open
space area that is part of the Habitat Conservation Plan Preserve Area. A Citywide trail extends
westward across this open space area from Rancho Santa Fe Road to El Fuerte Street. A Carlsbad
Municipal Water District reservoir site is located in the center of Neighborhood 2.2.
2.1
The proposed project includes a number of applications as summarized below in Table 1.
33.3
acres
55 7,500 sq.
ft.
ONS
CT 04-02/PUD 04-01/CT 04-03FUD 04-02/I" 98-01(C)/CT 04-04PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
Page 3
29.4
TABLE 1 - NEIGHBORHOOD APPLICATIONS CONTINUED
I 38 I 7,500 sq.
Application
Number
Master Plan
Neighborhood
PUD 04-01
CT 04-03/
PUD 04-02/
Mp 98-
Ol(C)
CT 04-03/
PUD 04-02
CT 04-04/
PUD 04-03
*MP 98-O1(C
2.3
2.4
2.5
transfers a total
Lot Sue
acres
39.8
acres
22.3
acres
30.7
acres
of 2 dwel
I fi.
68* I 10,000 sq.
fi.
10,000 sq. 7
I
66 I 6,000 sq.
fi.
I
Number of
Lots
Proposed
3 8 residential
(i.e. 3
minimum 1/2
acre estate
lots and 35
minimum
7,500 SF)/8
open space/l
private
street/l
private
driveway
70
residentiaV4
open space/7
private street
34
residentiaV2
open space/2
private street
66
residentiaV6
open space/5
private street
Density
(dwelling
units per
acre)
1.29
du/ac
1.73
du/ac
1.56
du/ac
2.27
du/ac
ng units (one unit each from Neighborhoods 2.4 and
2.6) to Neighborhood 2.3.
Along with the proposed Tentative Tract Maps, Planned Development Permits (PUDs) are
required by the Master Plan for Neighborhoods 2.1 through 2.5. Three PUDs are proposed to
allow for gated entries in Neighborhoods 2.1, 2.4 and east of 2.5, private streets in
Neighborhoods 2.1 through 2.5 and a minimum lot size of 6,000 square feet in Neighborhood
2.5. The Villages of La Costa Master Plan Section 4.6.4 allows PUDs to be approved without
architecture and plotting. No unit plans are proposed with these PUD applications. A future
amendment to the PUDs is required to authorize the proposed structures and their placement in
accordance with the provisions of the Master Plan.
The proposed Master Plan Amendment will transfer a total of 2 dwelling units (one unit each
from Neighborhoods 2.4 and 2.6) to Neighborhood 2.3. Section 2.5.2 of the Villages of La Costa
Master Plan regulates Dwelling Unit Transfers.
CT 04-02PUD 04-0 1/CT 04-03/PUD 04-02MP 98-01 (C)/CT 04-04PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
ELEMENT USE, CLASSIFICATION, PROPOSED USES &
GOAL,, OBJECTIVE OR IMPROVEMENTS
PROGRAM
Land Use Site is designated for RLM at Single-family lots at 1.29 to
0-4 ddac 2.27 ddac
Housing Provisions of affordable The Master Plan includes two
housing affordable sites, one of which
has received SDP approval.
IV. ANALYSIS
COMPLY
Yes
Yes
The project is subject to the following plans, ordinances and standards:
A.
B.
C.
D.
E.
Residential Low-Medium Density (RLM) General Plan Land Use Designation;
Villages of La Costa Master Plan (MP 98-01);
Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal
Code);
Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and
Growth Management Regulations (Zone 11 Local Facilities Management Plan).
The recommendation for approval of this project was developed by analyzing the project’s
consistency with the applicable regulations and policies. The project’s compliance with each of
the above regulations is discussed in detail in the sections below.
A. General Plan
The General Plan designation for the project site is RLM. The RLM designation allows single-
family residential development at a range of 0-4 dwelling units per acre. The RLM range has a
Growth Control Point of 3.2 dwelling units per acre. The density in the proposed neighborhoods
ranges from a low of 1.29 to a high of 2.27 dwelling units per acre. The Villages of La Costa
Master Plan limits the maximum number of dwelling units for each neighborhood. The
neighborhood maximums will not be exceeded provided the shift of a total of two dwelling units
(one unit each from Neighborhoods 2.4 and 2.6) to neighborhood 2.3 is approved.as proposed.
The Villages of La Costa Master Plan was found to comply with applicable General Plan Goals,
Objectives and Policies. This project is in conformance with the Master Plan and therefore is
also in compliance with the General Plan. The project complies with Elements of the General
Plan as outlined in Table 2 below.
73
CT 04-02PUD 04-01/CT 04-03PUD 04-02AI.P 98-Ol(C)/CT 04-04/PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
TABLE 2 - GENERAL PLAN COMPLIANCE. CONTINUE
ELEMENT
Open Space &
Conservation
Noise
Public Safety
Circulation
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
Minimize environmental
impacts to sensitive
resources within the City
City Wide Trail Program
Residential exterior noise
standard of 60 CNEL and
interior noise standard of 45
CNEL
Reduce fire hazards to an
acceptable level.
Require new development to
construct roadway
improvements needed to
serve proposed development.
PROPOSED USES &
IMPROVEMENTS
Open space preserve areas are
identified in the Habitat
Conservation Plan, certified
EIR and Master Plan. These
areas are not proposed for
development.
The Citywide trail extending
through Open Space Area 2.A
from Rancho Santa Fe Road
to El Fuerte Street, as
identified in the Master Plan,
is included.
Project specific noise studies
for each tentative map
identified that an interior
noise assessment to determine
proper architectural
treatments (i.e., specialized
door and window treatments)
be required for any identified
lots where the CNEL exceeds
60 dBA at the second story.
The project includes measures
such as fire suppression
zones.
The project will construct
public streets needed to serve
the development.
COMPLY
Yes
Yes
Yes
Yes
Yes
B. Villages of La Costa Master Plan (MP 98-O1(C))
The project is within the La Costa Ridge area of the Villages of La Costa Master Plan. The
Master Plan maps and text define the allowable type and intensity of land uses in each
neighborhood and provides detailed development and design standards, requirements,
development phasing and timing, and the method by which the Master Plan will be implemented.
A Master Plan Amendment is proposed pursuant to Section 2.5.2 of the Master Plan. Section
2.5.2 provides for dwelling unit transfers of up to 10% between neighborhoods which are located
in the same village subject to the approval of a Minor Master Plan Amendment. The amendment
74
CT 04-02PUD 04-01/CT 04-03PUD 04-02/MP 98-Ol(C)/CT 04-04/PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
Pane 6
will transfer a total of two dwelling units (one unit each from Neighborhoods 2.4 and 2.6) to
Neighborhood 2.3. This is an increase of 2.94% to the number of units in Neighborhood 2.3 and
a 2.85% and 1.72% reduction in the number of units in Neighborhood 2.4 and 2.6 respectively.
No increased facilities demand is created by ths transfer of two units between adjacent
neighborhoods and no issues have been identified to not allow the transfer. Compliance with the
development and design standards of the Master Plan applicable to dwelling units will be
assessed at a later date through Planned Development Permit Amendments. The project complies
with the following requirements of the Master Plan as demonstrated in Table 3 below.
TABLE 3 - T
STANDARD
Street Standard
Trail System
Village Landscape
Concept & Palette
Signs
Affordable Housing
Village Theme
Walls
LLAGES OF LA COSTA MASTER PLAN REOUIREMENTS
REOUIRED
4-% ft. landscaped parkways between
the curb & sidewalk
City wide & Master Plan trails as
shown in the La Costa Ridge Trail &
Recreation Plan (Exhibit 6-5)
Compliance with the landscape theme
tree and plant varieties
Compliance with the design and
location requirements for
neighborhood entry signs and trail
head markers
15% of the total number of units in
the Master Plan are to be affordable
Required along arterial streets and
major collectors
PROPOSED
4-% ft. landscaped parkways
between the curb & sidewalk
The required Citywide trail and
neighborhood trail access-ways
are shown on CTs 04-03 and 04-
04 for Ridge Neighborhoods 2.4
and 2.5.
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 Plan
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 Neighborhoods 2.1 through 2.5 for single-family detached homes.
The minimum lot size and width for each neighborhood will be evaluated in the Subdivision
Section of this report.
CT 04-02/PUD 04-01/CT 04-03PUD 04-02/MP 98-Ol(C)/CT 04-04/PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
C. Planned Development Regulations
The Villages of La Costa Master Plan contains development standards for a variety of lot sizes
and product types. Certain standards are included in the Master Plan that are different than those
that were adopted in the Planned Development Ordinance. The Master Plan provides that the
Planned Development Ordinance (Carlsbad Municipal Code, Chapter 45) shall be utilized unless
otherwise modified in the Master Plan.
As stated previously, no dwelling units are proposed with these Planned Development Permits.
Therefore, compliance with the Planned Development RegulationsMaster Plan requirements will
be limited to those other applicable Planned DevelopmentMaster Plan regulations not related to
unit plotting and architecture. Future review of the architectural design and plotting will be
through Planned Development Permit amendments for Neighborhoods 2.1 through 2.5. Table 4
demonstrates the project's compliance with the required standards.
TABLE 4 - PLANNED DEVELOPMENT REGULATIONS/
M
STANDARD
Visitor Parking - 5 Spaced10
DU + 1 Space/4 DU
a Neighborhoods 2.1 and
a Neighborhoods 2.3 and
o Neighborhood 2.5
2.2
2.4
Recreational Vehicle
Storage- 20 SF/DU
o Neighborhoods 2.1 -
2.5
Common Recreation Area -
200 SF/DU
Neighborhoods 2.1 and
Neighborhoods 2.3 and
2.2
2.4
o Neighborhood 2.5
LSTER PLAN REOUIREMENTS
PERMITTED/REOUIRED
27 spaces
29 spaces
19 spaces
5,260 sq. ft.
N/A
N/A
13,200 SF
PROPOSED
27 + spaces
29 + spaces
19 + spaces
The required RV storage area
is to be provided in
Neighborhood 3.2. An interim
RV storage area is permitted
and a SDP has been submitted
for this use.
Common recreation areas are
not required in Neighborhoods
2.1 - 2.4 because the minimum
residential lot sizes are 7,500+
sq. ft.
14,700 sq. ft.
CT 04-02PUD 04-01/CT 04-03PUD 04-02MP 98-01(C)/CT 04-04PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
7,500 sq. ft.
10,000 sq. ft.
6,000 sq. ft.
60 ft.
70 ft.
50 ft.
TABLE 4 - PLANNED DEVELOPMENT REGULATIONS/
7,600 sq. ft.
10,000 sq. ft.
6,000 sq. ft.
2 60 A.
2 70 ft.
2 50 A.
MASTEI
STANDARD
Minimum Lot Size
o Neighborhoods 2.1 and
o Neighborhoods 2.3 and
o Neighborhood 2.5
2.2
2.4
Minimum Lot Width
R Neighborhoods 2.1 and
o Neighborhoods 2.3 and
CI Neighborhood 2.5
2.2
2.4
PLAN REQUIREMENTS CONTINUED
PERMITTED/REOUIRED I PROPOSED
The Villages of La Costa Master Plan specifies that gated entries (in Neighborhoods 2.1, 2.4 and
east of 2.5) and private streets (in Neighborhoods 2.1 through 2.5) are permitted subject to the
approval of a Planned Development Permit (PUD). There are three proposed locations for gated
entry’s within this project including: on “B” Street at Alga Road in Neighborhood 2.1, on
Corintia Street at El Fuerte Street in Neighborhood 2.4 and on Corintia Street to the immediate
east of Neighborhood 2.5. The gated entries are located and designed to provide for adequate
vehicular circulation into the Ridge neighborhoods and unrestricted pedestrian access to the
Citywide trail (part of which is located in Neighborhood 2.5). Otherwise, unauthorized
pedestrian access into the Ridge neighborhoods will be limited by the gated entries. The actual
materials and elevations of the proposed gates will be included in the future Planned
Development Permit amendments for Neighborhoods 2.1 through 2.5.
A total of 15 private streets and 1 private dnveway are proposed withn these five Ridge
neighborhoods. Consistent with the Villages of La Costa Master Plan, all of the proposed private
street rights-of-way are 56’ - 60’ wide (36’ - 40’ wide curb-to-curb) with a sidewalk and
parkway located along each side. The private driveway is 24’ wide and will provide access to the
3 estate lots and the CMWD reservoir located in Neighborhood 2.2.
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 (with the exception of Lot
11 9 in Neighborhood 2.4) do not have street frontage or access to Circulation Element roads.
The Villages of La Costa Master Plan permits Lot 119 to have street frontage and access to El
Fuerte Street.
CT 04-02PUD 04-01/CT 04-03PUD 04-02M 98-01(C)/CT 04-04PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
Page 9
STANDARD
Citv Administration
The project is consistent with and satisfies all requirements of the General Plan, the Villages of
La Costa' Master Plan and Title 2 1. The Master Plan required lot sizes for each Neighborhood
included on a tentative map are either 6,000, 7,500 or 10,000 square feet. Each of the proposed
residential lots meets the applicable minimum lot area required by the Master Plan. The
corresponding minimum lot width is 50, 60 or 70 feet and the project complies with this
requirement. The three estate lots proposed in Neighborhood 2.2 are a minimum of $4 acre in
area and all meet minimum lot width requirements.
IMPACTS
914.36 sa. ft.
The developer will be required to offer various dedications (e.g. drainage easements, street right-
of-way) and install street lights and utility improvements, including but not limited to, curbs,
gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights.
Library
Waste Water Treatment
Parks
E. Growth Management
487.65 sq. ft.
263 EDU
2.74 acres
The proposed project is located within Local Facilities Management Zone 11 in the southeast
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in Table 5 below.
- Circulation
Fire
ODen SDace
2,630 ADT
Station No. 6
Provided mrsuant to the HCP
Sewer Collection System
Water
I Drainaee I BasinD
263 EDU
57,860 GPD
Schools San Marcos Unified - 81
Elementary Students
San Marcos Unified - 3 1
Middle School students
San Marcos Unified - 37 High
School students
MPLIANCE
COMPLIANCE
Yes I
Yes
Yes
Yes
The total number of residential units is equal to the number allowed by the Villages of La Costa
Master Plan for Ridge Neighborhoods 2.1 through 2.6.
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
78
CT 04-02PUD 04-01/CT 04-03/PUD 04-02MP 98-01 (C)/CT 04-04PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6, 2004
Page 10
examined and evaluated in the Final Pro,gram Environmental Impact Report for the Villages of
La Costa’Master Plan (2000) MP 98-01 (EIR 98-07), dated July 16, 2001, T & B Planning
Consultants, Inc. EIR 98-07 evaluates the potential environmental effects of the development
and operation of the “Villages of La Costa Master Plan (2000)” and associated actions inclusive
of the proposed neighborhood projects reviewed here.
The City Council certified EIR 98-07 on October 23, 2001. At that time, CEQA Findings of
Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting
Program were approved. All mitigation measures contained in the adopted Mitigation
Monitoring and Reporting Program from EIR 98-07 applicable to the proposed Neighborhood
projects have been completed, incorporated into the project design or are required as conditions
of approval for the project. Mitigation Measure 4.8-1A required an acoustical analysis for certain
areas of the Master Plan to identify all necessary noise control requirements on project plans
necessary to meet the City of Carlsbad interior and exterior noise levels. The required studies
were provided and the projects have been conditioned to require interior noise assessment to
determine proper architectural treatments @.e., specialized door and window treatments) for any
identified lots where the CNEL exceeds 60 dBA at the second story. The EIR 98-07 “Findings of
Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by
the Villages of La Costa Final Program EIR.
The proposed activities would have no effects beyond those analyzed in the program EIR, as they
are a part of the program analyzed earlier. The proposed Master Plan Amendment to transfer
two dwelling units between adjacent neighborhoods is provided for in Section 2.5.2 of the
Villages of La Costa Master Plan. The total number of Master Plan units evaluated in EIR 98-07
will not be increased. The total number of residential units is equal to the number allowed by the
Master Plan for Ridge Neighborhoods 2.1 through 2.6. This project is within the scope of Final
Program EIR 98-07 and no hrther CEQA compliance is required. EIR 98-07 and the respective
initial studies for each application are available at the Planning Department.
ATTACHMENTS:
1.
2.
3.
4.
5.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Planning Commission Resolution No. 5734 (CT 04-02)
Planning Commission Resolution No. 5735 (PUD 04-01)
Planning Commission Resolution No. 5736 (CT 04-03)
Planning Commission Resolution No. 5737 (PUD 04-02)
Planning Commission Resolution No. 5738 (MP 98-01(C))
Planning Commission Resolution No. 5739 (CT 04-04)
Planning Commission Resolution No. 5740 (PUD 04-03)
Location Maps (3)
The Ridge Development Plan
Background Data Sheet
Local Facilities Impacts Assessment Form
Disclosure Statement
MP 98-01(C) bold/strikeout
Reduced Exhibits
79
CT 04-02PUD 04-01/CT 04-03/PUD 04-02A” 98-Ol(C)/CT 04-04PUD 04-03 - VILLAGES
OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
October 6,2004
Page 11
14.
15.
16.
Full Size Exhibits “A” - “V” dated October 6,2004 (CT 04-02PUD 04-01)
Full Size Exhibits “A” - “W’ dated October 6, 2004 (CT 04-03PUD 04-02MP 98-
Full Size Exhibits “A” - “My dated October 6,2004 (CT 04-04PUD 04-03) 01(C))
MP 98-01 (C)
October 6, 2004
Li
2 8
4 -1
0 0 0 N
VILLAGES OF LA COSTA
MASTER PLAN
LAND USE
CATEGORY
RLM-1
LA COSTA RIDGE
VILLAGE DEVELOPMENT PLAN
ACRES GROWTH
MANAGEMENT
CONTROL POINT
Gross Net(') DENSITY
190.6 152.2 3.2
EXHIBIT 6-B RESIDENTIAL DENSITY CONSISTENCY TABLE
LA COSTA RIDGE
GENERAL PLAN
DWELLING
UNITS
MAXIMUM
ALLOWABLE
DWELLING
UNITS
RMH- 1 11.5 10.4 11.5
487.0 1 263
487.0 I 263
119.6
119.6
(I) To obtain net developable acres, all of the 100 percent constrained areas and one-half of the areas
having 25-40 percent slopes are subtracted from the gross acreage figure.
JHA\VLC MP
6-6
December, 2000
83
VILLAGES OF LA COSTA
MASTER PLAN
LA COSTA RIDGE
VILLAGE DEVELOPMENT PLAN
6.2.1 Residential
1. Single-Family Housing
The La Costa Ridge Village Development Plan provides for five
neighborhoods which will accommodate single-family detached
homes (Neighborhoods 2.1 through 2.5 on Exhibit 6- 1). Each of
these neighborhoods is designated Residential Low Medium
(EM) by the General Plan. Based on the RLM Growth
Management Control Point of 3.2 dwelling units per net
developable acre, the General Plan would allow a maximum of
487 dwelling units to be developed within the neighborhoods. A
total of 263 single-family detached homes have been planned for
Neighborhoods 2.1 through 2.5 by the La Costa Ridge Village
Development Plan.
The La Costa Ridge Village Development Plan allows for a
variety of single-family housing opportunities. Neighborhoods
include minimum lot sizes of 6,000 square feet, 7,500 square feet,
and 10,000 square feet.
2. Townhomes / Small Lot Single-Family Housing
Neighborhood 2.6 of the La Costa Village Development Plan is
designated Residential Medium High (RMH) by the General
Plan. The RMH designation anticipates residential densities of 8-
15 dwelling units per acre, with a Growth Management Control
Point of 11.5 dwelling units per net developable acre.
Application of the RMH Growth Management Control Point to
the 10.4 net developable acres within Neighborhood 2.6 would
allow a maximum of 119.6 dwelling units. The La Costa Ridge
Village Development Plan provides for 57 dwelling units in
Neighborhood 2.6. Different product types may be developed
within the RMH Neighborhood ,including attached townhomes
and single-family detached homes on 3,500 square-foot lots.
JHAWLC MP
6-7
December, 2000
8f
VILLAGES OF LA COSTA
MASTER PLAN
La Costa Ridge Neighborhoods Requiring
Common Recreation Areas
LA COSTA RIDGE
VILLAGE DEVELOPMENT PLAN
Locations of Common Recreation Areas 1
6.2.6 Common Recreation Areas
Neighborhood 2.5
Neinhborhood 2.6
The Development Standards in Chapter 4, herein (and Section 2 1.45 of
the Carlsbad Municipal Code) call for the provision of common
recreation areas for all neighborhoods that require a Planned
Development Permit (with lots less than 7,500 square feet). Townhome
and apartment projects must also comply with this criterion. Within La
Costa Ridge, Neighborhoods 2.5 and 2.6 shall include common recreation
areas. The approximate locations of the recreation areas are shown on
Exhibit 6-5, Trails and Recreation Plan, and on individual Neighborhood
Development Plans, Exhibits 6-20 and 6-21. The precise size and
location of the facilities will be determined at the time of the Tentative
Subdivision Map, Planned Development Permit or Condominium Permit
approval for the neighborhoods. Exhibit 6-C designates La Costa Ridge
Neighborhoods that require common recreation areas and the location of
the required areas.
Neighborhood 2.5, Exhibit 6-20
Neinhborhood 2.6. Exhibit 6-2 1
Common active recreation areas shall include an area for resident
parking. The recreation area parking requirements are listed in Chapter
4, Master Plan Development Standards and Guidelines.
The common recreation area is based upon a requirement of 100 square
feet per dwelling unit for Neighborhoods with lots less than 7,500 square
feet and for townhome or apartment projects. A potential of 123 “eligible
units” results in a total of 0.28 acre of common recreation area required
within La Costa Ridge. This total includes 5,700 sq. ft. common
recreation area that will be provided within Neighborhood 2.6 to serve
the townhome project. The resulting common recreation area of 0.15
acre is required to accommodate the single-family detached planned
development homes in Neighborhood 2.5.
EXHIBIT 6-C COMMON RECREATION AREA LOCATION SUMMARY
LA COSTA RIDGE
6-19
JHAWLC MP December, 2000
(fc
VILLAGES OF LA COSTA
MASTER PLAN
LA COSTA RIDGE
VILLAGE DEVELOPMENT PLAN
this Master Plan. In addition, the Planned Development
Ordinance Development Standards, as established by
Carlsbad Municipal Code Section 2 1.45 et seq. shall be
utilized unless otherwise modified in the Master Plan.
The number of Master Plan units for this neighborhood is
70. Dwelling unit transfers between Neighborhood 2.3
and other neighborhoods in La Costa Ridge may occur as
described in Section 2.5.2.
c. Required Development Permits
The following development permits are required:
Tentative Map and Planned Development Permit
(required for private streets and gated communities), and
Hillside Development Permit. A Hillside Development
Permit (HDP) will be processed with the Master Tentative
Map for the La Costa Ridge Village. Additional HDP
permits may be necessary for the development of
individual neighborhoods, depending on the final grading
plan and development design.
d. Permitted Uses
Uses permitted in this Neighborhood shall be all of those
allowed under Carlsbad Municipal Code Section 21.10.
Private streets are permitted subject to the approval of a
Planned Development Permit.
e. Product Type
Single-family detached homes.
f. Minimum Lot Size
10,000 square feet.
g* Minimum Lot Width
JHA\VLC MP
70 feet.
6-70 December, 2000
.86
VILLAGES OF LA COSTA
MASTER PLAN
LA COSTA RIDGE
VILLAGE DEVELOPMENT PLAN
neighborhood is 34. Dwelling unit transfers between
Neighborhood 2.4 and other neighborhoods in La Costa
Ridge may occur as described in Section 2.5.2.
c. Required Development Permits
The following development permits are required:
Tentative Map, Planned Development Permit (required
for private streets and gated communities), and Hillside
Development Permit. A Hillside Development Permit
(HDP) will be processed with the Master Tentative Map
for the La Costa Ridge Village. Additional HDP permits
may be necessary for the development of individual
neighborhoods, depending on the final grading plan and
development design.
d. Permitted Uses
Uses permitted in this Neighborhood shall be all of those
allowed under Carlsbad Municipal Code Section 2 1.10.
A gated entry is specifically permitted. A Planned
Development Permit is required to be approved because
of the inclusion of a gated entry and private streets.
e. Product Type
Single-family detached homes
f. Minimum Lot Size
10,000 square feet
g- Minimum Lot Width
70 feet
h. Lot Coverage
Refer to Section 4.6 of this Master Plan.
JHA\VLC MP
6-76 December, 2000
87
I
VILLAGES OF LA COSTA
MASTER PLAN
LA COSTA RIDGE
VILLAGE DEVELOPMENT PLAN
6. La Costa Ridge Neighborhood 2.6
a. Description
Neighborhood 2.6 is located in the northeast area of La
Costa Ridge. This enclave of multiple-family attached
townhomes or single-family small lot detached homes is
generally bounded by Corintia Street to the west and
northwest, by Melrose to the northeast, and by Open
Space Area 2.B to the southeast. The southwest tip of the
Neighborhood is also adjacent to the Meadowlark
Reclamation Facility. All Neighborhood access is from
Corintia Street. No direct access will be allowed fi-om
Melrose Avenue.
Neighborhood 2.6 will include a private recreation
facility. The area of Neighborhood 2.6 consists of
approximately 1 1.5 gross acres. Exhibit 6-21 depicts the
Neighborhood 2.6 Development Plan.
b. Use Allocation
The General Plan Designation for Neighborhood 2.6 is
RMH (8- 15 ddac), with a Growth Management Control
Point of 1 1.5 ddac. The RD-M Development Standards,
as established by Carlsbad Municipal Code Section 2 1.24,
including accessory uses, building height, and recreation
area requirements, shall be utilized, unless otherwise
modified by this Master Plan. In addition, the Planned
Development Ordinance Development Standards, as
established by Carlsbad Municipal Code Section 2 1.45 et
seg. shall be utilized unless otherwise modified in the
Master Plan. The number of Master Plan units planned
for this neighborhood is 57. Dwelling unit transfers
between Neighborhood 2.6 and other neighborhoods in
La Costa Ridge may occur as described in Section 2.5.2.
JHA\VLC MP 6-87 December, 2000
88
? i
a
1
C
I z E
;
I
f
1
z
c
I
I
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n_-- HCP LOCATED WITHIN pyJz<q NEIGHBORHOOD BOUNDARIES
NOTE: THE AVERAGE LOT SIZE IS LARGER IN EACH
NEIGHBORHOOD THAN THE MINIMUM LOT SIZES SHOWN ABOVE
i.
BACKGROUND DATA SHEET
CASE NO: CT 04-02/PUD 04-0 1/CT 04-03/PUD 04-02/MP 98-01(C)/CT 04-04/PUD 04-03
CASE NAME: Villages of La Costa - Ridpe Neighborhoods 2.1 - 2.5
APPLICANT: Morrow Development
REQUEST AND LOCATION: The proposed project includes three tentative tract maps to
subdivide and made a total of 156.1 acres into 263 residential lots, 20 private street lots, 1 private
driveway lot and 25 open space lots. The Droiect site is located to the south of Alga Road. east of El
Fuerte Street and west of Xana Wav. The proiect area includes Neighborhoods 2.1 through 2.5 of the
Ridge of the Villages of La Costa Master Plan. The master plan established minimum lot size for
these neighborhoods is 6,000, 7,500 or 10,000 square feet dependinp on the specific neighborhood.
Three Planned Development Permits are requested to allow for gated entries in Neighborhoods 2.1,
2.4 and east of 2.5, private streets in Neighborhoods 2.1 through 2.5 and a minimum lot size of 6,000
square feet in Neighborhood 2.5. The Minor Master Plan Amendment is to transfer a total of two
dwelling units (one unit each from Neighborhoods 2.4 and 2.6) to Neighborhood 2.3. Architectural
and dwelling unit plot plans are not proposed at this time and will require approval at a hture date of
Planned Development Permit Amendments as required by the Villages of La Costa Master Plan.
LEGAL DESCRIPTION: Being a subdivision of Lots 220, 221, 222, 224, 225, 226. 227, 228,
229, 230, 231, 232, 236, 246 and 247 of Carlsbad Tract No. 99-04-02, Villages of La Costa - La
Costa Ridge, Neighborhoods 2.1, 2.2, 2.3. 2.4 and 2.5 in the City of Carlsbad. County of San Diego,
State of California according to map thereof No. 14838 filed in the Office of the County Recorder of
San Dieno Countv on 7-14-04.
APN: 223-720-02,06,07,08,09, 16. 17; 223-721-01. 02.03.04; 223-720-01,04,05, 11
Acres: 156.1 Proposed No. of Lots/Units: 263 DU
GENERAL PLAN AND ZONING
Land Use Designation: RLM
Density Allowed: 0-4 Density Proposed: 1.29 - 2.27
Existing Zone: PC
Surrounding Zoning, General Plan and Land Use:
Proposed Zone: PC
Zoning General Plan Current Land Use
Site PC RLM Mass graded for development
North RDM RMH Condominiums
South PC
East RDM-Q and PC
os
RM and RMH
HCP Preserve Area
Small lot single family and future
multi-family (Neighborhood 2.6)
West RDM RMH Condominiums
PUBLIC FACILITIES
School District: San Marcos Unified Water District: Vallecitos Sewer District: Vallecitos
Equivalent Dwelling Units (Sewer Capacity): 263
ENVIRONMENTAL IMPACT ASSESSMENT
[XI Other, Proiect is within the scope of Program EIR 98-07 approved 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 - Ridges Neighborhoods 2.1 - 2.5 (CT 04-02PUD
LOCAL FACILITY MANAGEMENT ZONE: fi GENERAL PLAN: RLM
ZONING: PC
DEVELOPER’S NAME: Morrow Development
ADDRESS: 1903 Wriqht Place, Suite 180, Carlsbad, CA, 92008
04-011CT 04-03PUD 04-02IMP 98-01(C) CT 04-04PUD 04-03)
PHONE NO.: (760) 929-2701 ASSESSOR’S PARCEL NO.: 223-720-02,06,07,08,09, 16.17:
223-721-01, 02,03,04; 223-720-01,04, 05, 11
QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 263 DU
ESTIMATED COMPLETION DATE: 2005
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 914.36
Library: Demand in Square Footage = 487.65
Wastewater Treatment Capacity (Calculate with J. Sewer) 263
Park: Demand in Acreage = 2.74
Drainage: Demand in CFS = 344.8
Identify Drainage Basin = D
(Identify master plan facilities on site plan)
Circulation: Demand in ADT = 2630
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = 6
Open Space:
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDU 263
Identify Sub Basin = NIA
Acreage Provided = Provided pursuant to the HCP
San Marcos Unified - 149 students
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD = 27,860
The proposed number of project units (263) is equal to the Villages of La Costa Master
Plan dwelling unit allowance.
- City of Carlsbad
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.
Note:
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and an 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 corporation or partnership, 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 publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person CorpBart Morrow Development
Title Title
Address Address 1903 Wright Place. Ste 180 .
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
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
cornoration or partnership, include the names, titles, 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 publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Corp/Part Real Estate Collateral Manaeement
Companv
Title Title
Address Address 1903 Wright Place, Ste 180
Carlsbad, CA 92008
1635 Faraday Dr. Carlsbad, CA 92009-1 576 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us 94
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as a trustee or beneficiary of the.
Non ProfitiTrust Non Profiflrust
Title Title
Address Address
4. Have you had more than $20 worth of business transacted with any member of City staff, Boards,
Commissions, Committees and/or Council within the past twelve (12) months?
0 Yes No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
and correct to the best of my knowledge.
-- .
Agent for RECM; Fred M. Arbuckle
President of Morrow Development
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 applicable/date
Print or type name of ownedapplicant’s agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
Attachment 12
8 0 N
i
P g
B
97
VILLAGES OF LA COSTA
MASTER PLAN
LAND USE
CATEGORY
RLM-1
LA COSTA NDGE
VILLAGE DEVELOPMENT PLAN
ACRES GROWTH MAXIMUM
MANAGEMENT GENERAL PLAN ALLOWABLE
CONTROL POINT DWELLING DWELLING
Gross Net(') DENSITY UNITS UNITS
190.6 152.2 3.2 487.0 wm
EXHIBIT 6-B RESIDENTIAL DENSITY CONSISTENCY TABLE
LA COSTA RIDGE
RLM Subtotals: 487.0 26226J
RMH- 1 11.5 10.4 11.5 119.6 %5J
(I) To obtain net developable acres, all of the 100 percent constrained areas and one-half of the areas
having 25-40 percent slopes are subtracted from the gross acreage figure.
RMH Subtotals:
JHA\VLC MP
119.6 s5J
6-6 December, 2000
VILLAGES OF LA COSTA
MASTER PLAN
LA COSTA RIDGE
VILLAGE DEVELOPMENT PLAN
JHA\VLC MP
6.2.1 Residential
1. Single-Family Housing
The La Costa Ridge Village Development Plan provides for five
neighborhoods which will accommodate single-family detached
homes (Neighborhoods 2.1 through 2.5 on Exhibit 6-1). Each of
these neighborhoods is designated Residential Low Medium
(RLM) by the General Plan. Based on the RLM Growth
Management Control Point. of 3.2 dwelling units per net
developable acre, the General Plan would allow a maximum of
487 dwelling units to be developed within the neighborhoods. A
total of &&=single-family detached homes have been planned I
for Neighborhoods 2.1 through 2.5 by the La Costa Ridge Village
Development Plan.
The La Costa Ridge Village Development Plan allows for a
variety of single-family housing opportunities. Neighborhoods
include minimum lot sizes of 6,000 square feet, 7,500 square feet,
and 10,000 square feet.
2. Townhomes / Small Lot Single-Family Housing
Neighborhood 2.6 of the La Costa Village Development Plan is
designated Residential Medium High (RMH) by the General
Plan. The RMH designation anticipates residential densities of 8-
15 dwelling units per acre, with a Growth Management Control
Point of 11.5 dwelling units per net developable acre.
Application of the RMH Growth Management Control Point to
the 10.4 net developable acres within Neighborhood 2.6 would
allow a maximum of 119.6 dwelling units. The La Costa Ridge
Village Development Plan provides for 5$3-=dwelling units in 1
Neighborhood 2.6. Different product types may be developed
within the RMH Neighborhood including attached townhomes
and single-family detached homes on 3,500 square-foot lots.
6-7
December, 2000 9P
VILLAGES OF LA COSTA
MASTER PLAN
Neighborhood 2.5
Neighborhood 2.6
LA COSTA RIDGE
VILLAGE DEVELOPMENT PLAN
Neighborhood 2.5, Exhibit 6-20
Neighborhood 2.6, Exhibit 6-21
6.2.6 Common Recreation Areas
The Development Standards in Chapter 4, herein (and Section 2 1.45 of
the Carlsbad Municipal Code) call for the provision of common
recreation areas for all neighborhoods that require a Planned
Development Permit (with lots less than 7,500 square feet). Townhome
and apartment projects must also comply with this criterion. Within La
Costa Ridge, Neighborhoods 2.5 and 2.6 shall include common recreation
areas. The approximate locations of the recreation areas are shown on
Exhibit 6-5, Trails and Recreation Plan, and on individual Neighborhood
Development Plans, Exhibits 6-20 and 6-21. The precise size and
location of the facilities will be determined at the time of the Tentative
Subdivision Map, Planned Development Permit or Condominium Permit
approval for the neighborhoods. Exhibit 6-C designates La Costa Ridge
Neighborhoods that require common recreation areas and the location of
the required areas.
Common active recreation areas shall include an area for resident
parking. The recreation area parking requirements are listed in Chapter
4, Master Plan Development Standards and Guidelines.
The common recreation area is based upon a requirement of 100 square
feet per dwelling unit for Neighborhoods with lots less than 7,500 square
feet and for townhome or apartment projects. A potential of -I%-&
“eligible units” results in a total of Wm acre of common recreation
area required within La Costa Ridge. This total includes 5&005,700 sq.
ft. common recreation area that will be provided within Neighborhood
2.6 to serve the townhome project. The resulting common recreation area
of 0.15 acre is required to accommodate the single-family detached
planned development homes in Neighborhood 2.5.
EXHIBIT 6-C COMMON RECREATION AREA LOCATION SUMMARY
LA COSTA RIDGE I Common Recreation Areas I Locations of Common Recreation Areas La Costa Ridge Neighborhoods Requiring
6-19
JHA\VLC MP December, 2000
100
VILLAGES OF LA COSTA LA COSTA RIDGE
MASTER PLAN VILLAGE DEVELOPMENT PLAN
this Master Plan. In addition, the Planned Development
Ordinance Development Standards, as established by
Carlsbad Municipal Code Section 2 1.45 et seq. shall be
utilized unless otherwise modified in the Master Plan.
The number of Master Plan units for this neighborhood is
@B. Dwelling unit transfers between Neighborhood 2.3 I
and other neighborhoods in La Costa Ridge may occur as
described in Section 2.5.2.
c. Required Development Permits
The following development permits are required:
Tentative Map and Planned Development Permit
(required for private streets and gated communities), and
Hillside Development Permit. A Hillside Development
Permit (HDP) will be processed with the Master Tentative
Map for the La Costa Ridge Village. Additional HDP
permits may be necessary for the development of
individual neighborhoods, depending on the final grading
plan and development design.
d. Permitted Uses
Uses permitted in this Neighborhood shall be all of those
allowed under Carlsbad Municipal Code Section 21 .lo.
Private streets are permitted subject to the approval of a
Planned Development Permit.
e. Product Type
Single-family detached homes.
f. Minimum Lot Size
10,000 square feet.
g. Minimum Lot Width
70 feet.
JHA\VLC MP
6-70 December, 2000
10 f
VILLAGES OF LA COSTA LA COSTA NDGE
MASTER PLAN VILLAGE DEVELOPMENT PLAN
C.
d.
e.
f.
g.
h.
neighborhood is 3Ss. Dwelling unit transfers between I
Neighborhood 2.4 and other neighborhoods in La Costa
Ridge may occur as described in Section 2.5.2.
Required Development Permits
The following development permits are required:
Tentative Map, Planned Development Permit (required
for private streets and gated communities), and Hillside
Development Permit. A Hillside Development Permit
(HDP) will be processed with the Master Tentative Map
for the La Costa Ridge Village. Additional HDP permits
may be necessary for the development of individual
neighborhoods, depending on the final grading plan and
development design.
Permitted Uses
Uses permitted in this Neighborhood shall be all of those
allowed under Carlsbad Municipal Code Section 21.10.
A gated entry is specifically permitted. A Planned
Development Permit is required to be approved because
of the inclusion of a gated entry and private streets.
Product Type
Single- family detached homes
Minimum Lot Size
10,000 square feet
Minimum Lot Width
70 feet
Lot Coverage
Refer to Section 4.6 of this Master Plan.
JHA\VLC MP
6-76
December, 2000
10 a
VILLAGES OF LA COSTA
MASTER PLAN
LA COSTA FUDGE
VILLAGE DEVELOPMENT PLAN
6. La Costa Ridge Neighborhood 2.6
a. Description
Neighborhood 2.6 is located in the northeast area of La
Costa Ridge. This enclave of multiple-family attached
townhomes or single-family small lot detached homes is
generally bounded by Corintia Street to the west and
northwest, by Melrose to the northeast, and by Open
Space Area 2.B to the southeast. The southwest tip of the
Neighborhood is also adjacent to the Meadowlark
Reclamation Facility. All Neighborhood access is from
Corintia Street. No direct access will be allowed from
Melrose Avenue.
Neighborhood 2.6 will include a private recreation
facility. The area of Neighborhood 2.6 consists of
approximately 11.5 gross acres. Exhibit 6-21 depicts the
Neighborhood 2.6 Development Plan.
b. Use Allocation
The General Plan Designation for Neighborhood 2.6 is
RMH (8- 15 ddac), with a Growth Management Control
Point of 11.5 ddac. The RD-M Development Standards,
as established by Carlsbad Municipal Code Section 2 1.24,
including accessory uses, building height, and recreation
area requirements, shall be utilized, unless otherwise
modified by this Master Plan. In addition, the Planned
Development Ordinance Development Standards, as
established by Carlsbad Municipal Code Section 2 1.45 et
seq. shall be utilized unless otherwise modified in the
Master Plan. The number of Master Plan units planned
for this neighborhood is 58s. Dwelling unit transfers I
between Neighborhood 2.6 and other neighborhoods in
La Costa Ridge may occur as described in Section 2.5.2.
JHA\VLC MP
6-87
December, 2000
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Planning Commission Minutes October 6, 2004 EXHIBIT 5
5. CT 04-02/PUD 04-011CT 04-03/PUD 04-02/MP 98-01 (C)/CT 04-04/PUD 04-03 -
VILLAGES OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5 - 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; a recommendation of approval of three Tentative Tract Maps and
three Planned Development Permits, and approval of a minor Amendment to the Villages
of La Costa Master Plan. The Tentative Tract Maps will subdivide Neighborhoods 2.1 through 2.5 into a total of 263 residential lots with minimum lot areas of 6,000, 7,500 or
10,000 square feet depending on the neighborhood requirement of the Villages of La Costa Master Plan, 20 private street lots, 1 private driveway lot and 24 open space lots. The Planned Development Permits are to allow for a minimum lot size of 6,000 square
feet in Neighborhood 2.5, gated entries in Neighborhoods 2.1, 2.4 and east of 2.5 and private streets in Neighborhoods 2.1 through 2.5. As permitted by the Master Plan, the
Master Plan Amendment is to transfer a total of 2 dwelling units (one unit each from
Neighborhoods 2.4 and 2.6) to Neighborhood 2.3. The project site is located to the south of Alga Road, east of El Fuerte Street and west of Xana Way in Local Facilities
Management Zone 11.
Mr. Neu introduced Item 5 and stated Principal Planner Chris DeCerbo would make the staff presentation.
Commissioner Baker opened public hearing on Item 5, and asked the applicant if he wished to continue
with only 5 Commissioners present. The applicant responded yes.
Mr. DeCerbo stated the project area includes Ridge Neighborhoods.2.1 through 2.5 of the Villages of La Costa Master Plan. The project site is located to the south of Alga Road, east of El Fuerte Street and
west of Xana Way. A Carlsbad Municipal Water District reservoir site is located in the center of Neighborhood 2.2 and the Meadowlark Sewer Treatment plant is located to the east of Neighborhood 2.5.
The project area is bordered to the north, east and west by existing residential neighborhoods and to the
south and southeast by an open space area that is part of the Habitat Conservation Plan Preserve Area. On October 23, 2001 the City Council, approved the Villages of La Costa Master Plan, a Master Tentative
Tract Map and certified the Final Program EIR for the Villages of La Costa project. Master Tentative Tract Map, CT 99-04, subdivided the area into open space areas and established the neighborhood
development ‘area boundaries. A final map has been recorded for the Ridge area. Mass grading and improvement plans for the Ridge have also been approved. Grading and infrastructure construction is
presently ongoing at the Ridge. The proposed Villages of La Costa Ridge project includes the following requests: three tentative tract maps to subdivide and grade a total of 156.1 acres into 263 residential lots,
20 private street lots, 1 private driveway lot and 24 open space lots; three Planned Development Permits to allow for gated entries in Neighborhoods 2.1, 2.4 and east of 2.5, private streets in Neighborhoods 2.1 through 2.5 and a minimum lot size of 6,000 square feet in Neighborhood 2.5; and a Master Plan
Amendment to transfer a total of two dwelling units (one unit each from Neighborhoods 2.4 and 2.6) to
Neighborhood 2.3. Neighborhoods 2.1 and 2.2 include 93 total single-family lots including 90 minimum
7,500 square foot lots and three minimum .5-acre estate lots, 14 open space lots, 6 private streets and 1
private driveway on 62.7 acres. Neighborhoods 2.3 and 2.4 include 104 minimum 10,000 square foot single-family residential lots, 6 open space lots and 9 private streets over 62 acres. Neighborhood 2.5
includes 66 minimum 6,000 square foot single family residential lots, 6 open space lots and 5 private streets over 30.7 acres. The Villages of La Costa Master Plan exhibits and text clearly specify that gated
entries (in Neighborhoods 2.1, 2.4 and east of 2.5) and private streets (in Neighborhoods 2.1 through 2.5) are permitted subject to the approval of a Planned Development Permit (PUD). Consistent with this
objective of allowing private streets with gated entries, in approving the Master Tentative Map for the Villages of La Costa Master Plan, the City Council has already approved the vacation of Corintia Street through the project site. There are three proposed locations for gated entries within this project including:
on “6 Street at Alga Road in Neighborhood 2.1, on Corintia Street at El Fuerte Street in Neighborhood 2.4, and on Corintia Street to the immediate east of Neighborhood 2.5. In summary the proposed
tentative maps comply with the Villages of La Costa Master Plan and the City’s Subdivision Ordinance
and the Planned Development Permits comply with the Villages of La Costa Master Plan, which anticipated and allowed for minimum 6,000 square foot residential lots in Neighborhood 2.5 and for private streets and gated entries in Neighborhoods 2.1 - 2.5. For the purposes of CEQA, this project is
within the scope of the previously certified Villages of La Costa Program EIR 98-07; applicable mitigation measures have either been completed, incorporated into the project design or are required as conditions
Planning Commission Minutes October 6, 2004 Page 8
of approval; and the proposed project is determined to have no effects beyond those analyzed in EIR 98-
07. Mr. DeCerbo concluded his presentation and stated he would be available to answer any questions.
Commissioner Baker asked if there were any questions of staff.
Commissioner Montgomery inquired if the access trail easement that is going through the project will
allow for public access with the gated communities either through or adjacent to the areas. Mr. DeCerbo stated that there will be a gated access way. The gated communities have been established where there
will be full unencumbered access to pedestrians to have access the City trail.
Commissioner Baker asked if there are any homes on Corintia from where you leave the project to where
the road intersects with Rancho Santa Fe Road. Deputy City Engineer Bob Wojcik stated there are no driveways on that section of the road. Commissioner Baker asked if a second entrance to the project is
needed at that section. Mr. Wojcik stated that the project currently complies with Fire Department
standards and a second entrance is not necessary.
Commissioner Baker asked if the applicant wished to make a presentation.
Fred Arbuckle, Morrow Development, 1903 Wright Place, Suite 180, Carlsbad, and Jack Henthorn, Jack
Henthorn and Associates, 5365 Avenida Encinas Suite A, Carlsbad, both gave detailed presentations of the project and stated they would be available to answer any questions.
Commissioner Baker asked if there were any questions of the applicants.
Commissioner Baker asked how committed the applicant is to the gates. Mr. Henthorn responded that he is very committed and they are currently under construction.
Commissioner Baker asked if there were any other questions of the applicant. Seeing none, she opened public testimony on the item.
Commissioner Baker asked if there was anyone in the audience who wished to speak on the item.
James Mitchell, 6848 Arubu, commented that it seems that Corintia Street would not a through-street
because it will be gated, which seems unusual because it is a public street. He also commented that
typically there is public parking for trail access and according to the plans, there is no parking at either end of the trail, and that 6,000 square foot lots would be out of place in an upscale community.
Commissioner Baker asked if there any questions or if there were any other people in the audience who
wished to speak. Seeing none, she closed public testimony on the item. Commissioner Baker asked the applicant to respond to the issues raised by Mr. Mitchell.
Mr. Arbuckle stated that extensive traffic studies were completed in conjunction with the development of
the Master Plan to ensure the traffic worked after the community was developed. He also stated that particular attention was paid to the trip from El Fuerte to Corintia and felt it was appropriate to design the
project as it is today. He commented that there is a link to the trails other than trailhead parking. He
stated there is some parking along El Fuerte if people want to access the trail from that point. Mr.
Arbuckle stated that the lot size of 6,000 square feet is very compatible with the surrounding lots.
Commissioner Baker asked if the Commission had any further questions.
Commissioner Montgomery asked the applicant to comment about the nature of gated communities. Mr. Arbuckle stated that the gated communities provide a different situation for the homeowners so that there
is more control over the access to their homes. He also stated that from a market standpoint there is a demand for gated communities and people are willing to pay the extra money to maintain the gates and
the roads.
Commissioner Dominguez asked staff to review the route that the applicant referred to for people to get from Rancho Santa Fe to El Camino. Mr. Wojcik directed the Commission to a slide exhibit to explain the
Planning Commission Minutes October 6, 2004 Page 9
answer. Commissioner Dominguez inquired about trail access parking. Mr. DeCerbo stated there would be on street parking on the public streets. Commissioner Dominguez asked if staff felt that type of
parking would be sufficient. Mr. DeCerbo stated that generally the City does not have a great deal of public parking for trails, and he is not sure if that question has been studied adequately. Commissioner Dominguez asked if people, such as an occasional hiker, would have access to the trail and parking like
the internal residents in the development. Mr. DeCerbo stated those people would most likely park on a
public street and then access the trail accordingly. Commissioner Dominguez asked what the distance of the trail is from west to east. Mr. DeCerbo stated it is approximately 1 1/2 or 2 miles.
Commissioner Cardosa inquired about public access to the trail along Corintia as well as emergency
access to the trail. Mr. DeCerbo stated that most likely in an emergency situation, emergency personnel would enter through one of the gated communities, drive to the end of the cul-de-sac and access the trail.
Mr. DeCerbo further stated there is access to the treatment plant so the trail is accessible for that distance
on the eastside. Commissioner Cardosa asked if the road along the treatment plant is available for trail parking. Mr. Wojcik stated it the entire length of Corintia, from the intersection to the gated community, which is approximately 500 feet, will be available for public parking on both sides. Commissioner
Cardosa inquired if the parcels will remain undeveloped. Mr. Wojcik indicated on the slides the areas which currently have homes on them.
MOTION
ACT1 0 N : Motion by Commissioner Dominguez, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5734, 5735, 5736,
5737, 5739 and 5740 recommending approval of a Tentative Tract Map (CT 04- 02), Planned Development Permit (PUD 04-01), Tentative Tract Map (CT 04-03),
Planned Development Permit (PUD 04-02), Tentative Tract Map (CT 04-04) and Planned Development Permit (PUD 04-03), and adopt Planning Commission
Resolution No. 5738 approving Master Plan Amendment (MP 98-01 (C)), based on the findings and subject to the conditions contained therein and incorporating
the errata sheet.
DISCUSSION
Commissioner Segall stated he supports the project. He also disclosed that he and Mr. Arbuckle serve
on the Board of Directors for the Carlsbad Chamber of Commerce together, and they have not discussed the project.
Commissioner Montgomery stated he supports the project.
Commissioner Cardosa also stated he supports the project.
Commissioner Dominguez stated he supports the project.
attention should be paid to trail access parking with gated communities.
He commented that in the future, more
Commissioner Baker stated she supports the project. She stated she would not support any future gated
communities as she is philosophically opposed to them.
VOTE: 5-0
AYES: NOES: None
Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Segall
Commissioner Baker closed the public hearing on Item 5.
November 16,2004
TO: Mayor and City Council
FOR THE INFORMATION OF THE CITY COUNCIL
IDATE CITYATTORNEY I
FROM: City Attorney
ITEM NO. 9 - VILLAGES OF LA COSTA - RIDGE NEIGHBORHOODS 2.1-2.5
If the Council wishes to require the educational materials regarding the sensitivity
of the open space areas to be acknowledged by lot purchasers, then its action
would be to amend City Council Resolution No. 2004-372 as follows:
“2. That the recommendation of the Planning Commission for the
approval of Tentative Tract Map CT 04-02, Planned Unit
Development PUD 04-01, Tentative Tract Map CT 04-03, Planned
Unit Development PUD 04-02, Tentative Tract Map CT 04-04 and
Planned Unit Development PUD 04-03 is approved by the City
Council and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolutions No.
5734, 5735, 5736, 5737, 5739 and 5740, on file with the City Clerk
and made a part hereof by reference, are the findings and
conditions of the City Council except condition 15(g) of Planning
Commission Resolution No. 5736 which shall instead read:
‘Educational materials regarding the sensitivity of the HCP/OMSP
shall be given to proposed project residents as part of the CC&Rs
and, when a lot is purchased the purchasers shall acknowledge
receipt of said educational materials prior to the close of escrow.”’
Should you have any questions regarding the above, please do not hesitate to
contact me.
RONALD R. BALL
City Attorney
rm h
City Manay C:
City Clerk
Community Development Director
Planning Director
Associate Planner Coon
CARLSBAD UNlF SCHOOL DlST
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3450 CAMINO MICHELLE
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5670 EL CAMINO REAL
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6577 CAMINO CAPISTRANO
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914 N COAST HWY 101
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6573 CAMINO CAPISTRANO
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6581 CAMINO CAPISTRANO
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6579 CAMINO CAPISTRANO
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6581 CORTE CISCO
CARLSBAD CA 92009
NELSON TR
6587 CORTE CISCO
CARLSBAD CA 92009
MARIAN ANTHONY
PO BOX 542
LA MESA CA 91 944
WILLIAM SCHWAGER
6563 CORTE CISCO
CARLSBAD CA 92009
VICTOR RIVERA
6561 CORTE CISCO
CARLSBAD CA 92009
SHAHRAM KHODADAD
6559 CORTE CISCO
CARLSBAD CA 92009
SKYE SUSALLA
6557 CORTE CISCO
CARLSBAD CA 92009
JOY DAY
6564 CORTE LA PAZ
CARLSBAD CA 92009
GREGORY V RYAN
6566 CORTE LA PAZ
CARLSBAD CA 92009
JOANN NEWHOUSE
PO BOX 8068
RANCHO SANTA FE CA 92067
ALESIA SOWELL
6586 CORTE LA PAZ
CARLSBAD CA 92009
DONNA CARLOMAGNO
6588 CORTE LA PAZ
CARLSBAD CA 92009
PURlSlMA C LAMSIN
6587 CORTE LA PAZ
CARLSBAD CA 92009
KARIN L HART
6584 CORTE LA PAZ
CARLSBAD CA 92009
TERESA E GEORGE
6585 CORTE LA PAZ
CARLSBAD CA 92009
KENNETH K BATHGATE
14712 DANBROOK DR
WHITTIER CA 90604
ANDREW MAFFIA
6571 CORTE LA PAZ
CARLSBAD CA 92009
ROCHE TR
6569 CORTE LA PAZ
CARLSBAD CA 92009
AU3AV-03-OWL - .....-. I.-... .......
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ELEANOR M VANBOKKELEN
6567 CORTE LA PAZ
CARLSBAD CA 92009
DIANNE c INGHAM
6561 CORTE LA PAZ
CARLSBAD CA 92009
R D & YUMl ROSE
7027 WHITEWATER ST
CARLSBAD CA 92009
COATES TR
3043 CAMINO LIMERO
CARLSBAD CA 92009
SHERMAN SATLER
3045 CAMINO LIMERO
CARLSBAD CA 92009
IRENE LU
PO BOX 822
EDISON NJ 08818
GENE E WlLCOX
6780 JEFFRY LN
LAFAYETTE IN 47905
ROBIN M CUNNINGHAM
3053 CAMINO LIMERO
CARLSBAD CA 92009
MAYA A ZELITSKY
3055 CAMINO LIMERO
CARLSBAD CA 92009
NOLAND TR
3057 CAMINO LIMERO
CARLSBAD CA 92009
JOSEPH L RAYMUNDO
3062 CORTE TRABUCO
CARLSBAD CA 92009
KIMBERLY A MCKINNEY
3066 CORTE TRABUCO
CARLSBAD CA 92009
J ERZY G I ERMAKO W SKI
3074 CORTE TRABUCO
CARLSBAD CA 92009
AARON SIMONS
3064 CORTE TRABUCO
CARLSBAD CA 92009
TAMARA BOGETTI
3070 CORTE TRABUCO
CARLSBAD CA 92009
FRANCES E HANIFIN
3082 CORTE TRABUCO
CARLSBAD CA 92009
GARY B KEOUGH
3072 CORTE TRABUCO
CARLSBAD CA 92009
BONNIE L TELLER
3078 CORTE TRABUCO
CARLSBAD CA 92009
GERALD HIGHTOWER
11 11 HEATHER LN
PACIFIC GROVE CA 93950
MARILYN A CAMERON
3080 CORTE TRABUCO
CARLSBAD CA 92009
PATRICIA A LORAH
3086 CORTE TRABUCO
CARLSBAD CA 92009
THOMAS SHEETS
449 FLORENCIA LN
VISTA CA 92083
FREDA A RAMEY
3085 CORTE TRABUCO
CARLSBAD CA 92009
JOAN T MATTHEWS
3088 CORTE TRABUCO
CARLSBAD CA 92009
MATHEW J BUCHER
2026 HUNTERS RIDGE DR
MIDWAY PARK NC 28544
DEBORAH A HILTON
3059 CORTE TRABUCO
CARLSBAD CA 92009
DANIEL COOK
3087 CORTE TRABUCO
CARLSBAD CA 92009
ROY TAHAJIAN
APT 334
3051 CORTE TRABUCO
CARLSBAD CA 92009
ANDREW S DREIER
2 SHIPLEY CIR
WESTFORD MA 01886
MELISA I CARIC
3055 CORTE TRABUCO
CARLSBAD CA 92009
gWCS 3lWldW31 &aAV Wl P.. ...... . --. . ... ".
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ANA L MARCHESE
STE B
1298 EL MERCADO WAY
OCEANSIDE CA 92057
WILLIAM PESHEK KEVIN G MURRAY-
3047 CORTE TRABUCO
CARLSBAD CA 92009 CARLSBAD CA 92009
3043 CORTE TRABUCO
LANG TR
APT 1
6971 BALLENA WAY
CARLSBAD CA 92009
DANIELS CABLEVISION INC
PO BOX 2798
LITTLETON CO 80161
SCOTT A GUILTNER
146 W IOTHAVE
ESCONDIDO CA 92025
ANTONIO GRAYEB
APT 3
6971 BALLENA WAY
CARLSBAD CA 92009
MARTIN PARLEY
APT 4
6971 BALLENA WAY
CARLSBAD CA 92009
J 2 ENTERPRISES LLC
209 LA BARRANCA DR
SOLANA BEACH CA 92075
GARY T GURIAN
APT 5
6971 BALLENA WAY
CARLSBAD CA 92009
DEBBIE MCLEAN
APT 6
6971 BALLENA WAY
CARLSBAD CA 92009
MARTHA CAMPOS
4961 CORONADO AVE
SAN DlEGO CA 92107
SCERNI TR
APT 8
6971 BALLENA WAY
CARLSBAD CA 92009
GREGG OGGEL
APT 9
6981 BALLENA WAY
CARLSBAD CA 92009
THORP TR
1867 PASEO DEL LAG0 DR
VISTA CA 92081
LANA D BOSTROM
APT 13
6981 BALLENA WAY
CARLSBAD CA 92009
TIMOTHY L & LISA PETTY
APT I1
6981 BALLENA WAY
CARLSBAD CA 92009
MICHAEL J HULL
APT 12
6981 BALLENA WAY
CARLSBAD CA 92009
M H WARREN
APT 15
6981 BALLENA WAY
CARLSBAD CA 92009
PAUL F ROBUST0
4586 HORIZON DR
CARLSBAD CA 92008
LIAO TR
13007 EDINA WAY
POWAY CA 92064
JASON S MILLS
APT 18
6991 BALLENA WAY
CARLSBAD CA 92009
JOSEPH L GEORGE
APT 19
6991 BALLENA WAY
CARLSBAD CA 92009
MARILYN M KAYES
12572 FAIRBROOK RD
SAN DlEGO CA 92131
MARK K SAUER
APT 22
6991 BALLENA WAY
CARLSBAD CA 92009
ALICE M WILSON
APT 20
6991 BALLENA WAY
CARLSBAD CA 92009
ALYCE G DEKUEHNE
APT 21
6991 BALLENA WAY
CARLSBAD CA 92009
GREGG P OGGEL
APT 25
7001 BALLENA WAY
CARLSBAD CA 92009
STEVEN R BLACK
APT 23
6991 BALLENA WAY
CARLSBAD CA 92009
MARSHALL J MOORE
APT 24
6991 BALLENA WAY
CARLSBAD CA 92009
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CHRISTY E VAUGHN
APT 26
7001 BALLENA WAY
CARLSBAD CA 92009
ELIZABETH M LARKIN
APT 27
7001 BALLENA WAY
CARLSBAD CA 92009
ASA B CLARK
41 57 BIRCHWOOD AVE
SEAL BEACH CA 90740
JACK M & SANDRA ROBBINS
APT 29
7001 BALLENA WAY
CARLSBAD CA 92009
KAREN S MILLER
APT 31
7001 BALLENA WAY
CARLSBAD CA 92009
LYNN M & JANE THORP
1867 PASEO DEL LAG0 DR
VISTA CA 92083
MARIA BORTOLIN
APT 32
7001 BALLENA WAY
CARLSBAD CA 92009
DANIEL R MORENO
11 54 MASON DR
PACIFICA CA 94044
JOHN BORRELLI
1053 CYPRESS CIR
SAN MARCOS CA 92069
LINDA GANGALE
APT 36
7000 BALLENA WAY
CARLSBAD CA 92009
JEANNETTEEASTRAB
4750 DIANE AVE
SAN DIEGO CA 92117
JAMES J SINKULA
PO BOX 2688
PALM DESERT CA 92261
MARY C TREASE
APT 39
7000 BALLENA WAY
CARLSBAD CA 92009
NEIL CLARK
APT 107
2564 NAVARRA DR
CARLSBAD CA 92009
VIRGINIA L WARNE
2409 W DRIFTWOOD DR
CLAREMORE OK 74017
ROGER & MARSHA SMITH
APT 43
6980 BALLENA WAY
CARLSBAD CA 92009
RABIH J ZAKHIA
APT 41
6980 BALLENA WAY
CARLSBAD CA 92009
JOHN FAULKNER
APT 42
6980 BALLENA WAY
CARLSBAD CA 92009
NATHAN T GORENTZ
APT 46
6980 BALLENA WAY
CARLSBAD CA 92009
SHAMIEH TR
108 CERRO ST
ENClNlTAS CA 92024
VICTOR L HOLMSTROM
PO BOX 868
EDEN UT 8431 0
CRYSTAL L VENSAND
APT 47
6980 BALLENA WAY
CARLSBAD CA 92009
ALYCE G DE KUEHNE
APT 48
6980 BALLENA WAY
CARLSBAD CA 92009
MICHAEL J MARRIN
APT 49
6970 BALLENA WAY
CARLSBAD CA 92009
STEVE &JENNIFER MORRIS
APT 50
6970 BALLENA WAY
CARLSBAD CA 92009
SUE L MILLER
APT 51
6970 BALLENA WAY
CARLSBAD CA 92009
NICKOLAS C ARTHER
APT 52
6970 BALLENA WAY
CARLSBAD CA 92009
BRIAN M SHEA
APT 55
6970 BALLENA WAY
CARLSBAD CA 92009
JACQUELINE KEMP
APT 54
6970 BALLENA WAY
CARLSBAD CA 92009
MARK R LAFTAVI
292 RIVERMIST DR
BUFFALO NY 14202
3Q e ...I.... . --. . ... U
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SlLVlA L THIEM
APT 56
6970 BALLENA WAY
CARLSBAD CA 92009
JAMES A MARQUET
APT 57
3100 SELLO LN
CARLSBAD CA 92009
DANIEL R TUFTS -
APT 58
3100 SELLO LN
CARLSBAD CA 92009
JEREMY MC CARTHY
APT 59
3100 SELLO LN
CARLSBAD CA 92009
JUSTIN WANG
APT 60
3100 SELLO LN
CARLSBAD CA 92009
CLARK RENNER
APT 61
3100 SELLO LN
CARLSBAD CA 92009
JANE ZARON
APT 63
3100 SELLO LN
CARLSBAD CA 92009
OHNUMA TR
STE 200
345 W 9TH AVE
ESCONDIDO CA 92025
WILLIAM S ARGONZA
5836 RALSTON AVE
RICHMOND CA 94805
DENNY W CHAN
APT 65
31 10 SELLO LN
CARLSBAD CA 92009
ELISABETH C HARRISON
APT 66
31 10 SELLO LN
CARLSBAD CA 92009
THERESE A MOSHER
APT 67
31 10 SELLO LN
CARLSBAD CA 92009
SUSAN A CARGILLE
APT 70
31 10 SELLO LN
CARLSBAD CA 92009
JILL BRODKIN
APT 68
31 10 SELLO LN
CARLSBAD CA 92009
SCOTT REILLY
APT 69
31 10 SELLO LN
CARLSBAD CA 92009
LYNNE DOUVILLE
APT 71
31 10 SELLO LN
CARLSBAD CA 92009
KATE LARSEN
APT 72
31 10 SELLO LN
CARLSBAD CA 92009
AZAM M MIRSHOJAEE
APT 73
321 0 COSTA ALTA DR
CARLSBAD CA 92009
AARON J KAPLOWITZ
APT 74
3210 COSTA ALTA DR
CARLSBAD CA 92009
GUY BREUER
APT 75
321 0 COSTA ALTA DR
CARLSBAD CA 92009
AUDREY M PERlNONl
APT 76
321 0 COSTA ALTA DR
CARLSBAD CA 92009
ROBERT H BACON
APT 79
3210 COSTA ALTA DR
CARLSBAD CA 92009
P M VALENTINER
520 TIBURON ST
SAN MARCOS CA 92078
DAVID L ROMERO
925 SANDCASTLE DR
CARDIFF BY THE SEA 92007
STACEY L SANOR
APT 80
3210 COSTA ALTA DR
CARLSBAD CA 92009
BETTY A WOLF-FRAUCHER
42291 E EDWARD
CLINTON TOWNSHIP M 48038
JOSEPH NUNEZ
6231 BIONAVE
SAN GABRIEL CA 91775
DORIS L GORDON
APT 83
321 5 COSTA ALTA DR
CARLSBAD CA 92009
ROBERT A RIX
APT 84
3215 COSTA ALTA DR
CARLSBAD CA 92009
ROBERT A STINE
971 HYGEIA AVE
ENClNlTAS CA 92024
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THOMAS J HAN
STE 1
654 WlLCOX AVE
LOS ANGELES CA 90004
SARALKATLEN -
APT 88
3215 COSTA ALTA DR
CARLSBAD CA 92009
CROWLEY INVESTMENT CO
5811 BELLFIELD LN
HUNTINGTON BH CA 92648
MICAH T LAMBERT
APT 90
3205 COSTA ALTA DR
CARLSBAD CA 92009
GARY DAVENPORT
APT 91
3205 COSTA ALTA DR
CARLSBAD CA 92009
KAI & SUZANE WENK-WOLFF
1793 KINGS RD
VISTA CA 92084
JENNIFER MCCAGUE
APT 92
3205 COSTA ALTA DR
CARLSBAD CA 92009
GRIFFIN TR
APT 93
3205 COSTA ALTA DR
CARLSBAD CA 92009
SHIRLEY I EADS
APT 94
3205 COSTA ALTA DR
CARLSBAD CA 92009
JENNY L JOHNSON
APT 97
3211 SELLO LN
CARLSBAD CA 92009
HARRY M SIMON
121 1 CAMBRIA WAY
ENClNlTAS CA 92024
RAGLAND TR
474 SANDALWOOD CT
ENClNlTAS CA 92024
MARIA V COLVIN
APT 100
3211 SELLO LN
CARLSBAD CA 92009
J DELAPENA
APT 98
321 1 SELLO LN
CARLSBAD CA 92009
RAY F & CAROL HICKS
APT 99
3211 SELLO LN
CARLSBAD CA 92009
RYAN M WILEY
APT 101
3211 SELLO LN
CARLSBAD CA 92009
DEBORAH D PRESCOTT
2005 WOODMOSS CT
ENClNlTAS CA 92024
FRED Z HAVENS
6828 SHEARWATERS DR
CARLSBAD CA 92009
JACK L BARNETT
APT 104
3211 SELLO LN
CARLSBAD CA 92009
RICHARD D TRUEBLOOD
481 KAWAILOA RD
KAILUA HI 96734
MARYANN ZOUNES
897 VIKING LN
SAN MARCOS CA 92069
MARIAH SHADER
APT 107
3201 SELLO LN
CARLSBAD CA 92009
CHRISTINA B COURTNEY
APT 108
3201 SELLO LN
CARLSBAD CA 92009
CYNTHIA A CREEK-WATSON
APT 109
3201 SELLO LN
CARLSBAD CA 92009
RUSSELL C BARTON
APT 112
3201 SELLO LN
CARLSBAD CA 92009
REBECCA J SOMMERS
APT 110
3201 SELLO LN
CARLSBAD CA 92009
GERALD A ROST
APT 143
4650 DULIN RD
FALLBROOK CA 92028
DIANNA BARTLETT
APT 113
321 1 SIRENA VISTA WAY
CARLSBAD CA 92009
MICHELLE BERSON
APT 114
321 1 SIRENA VISTA WAY
CARLSBAD CA 92009
FREDERICK W PRICE
2528 EL GAVILAN CT
CARLSBAD CA 92009
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KATHLEEN PAULEK
APT 116
321 1 SIRENA VISTA WAY
CARLSBAD CA 92009
JOSEPH L CULBERT
APT 119
321 1 SIRENA VISTA WAY
CARLSBAD CA 92009
MUILENBURG TR
1979 VINEYARD AVE
VISTA CA 92081
RICHARD S COOKE
APT 125
3201 SIRENA VISTA WAY
CARLSBAD CA 92009
KELLY COLLINS
APT 128
3201 SIRENA VISTA WAY
CARLSBAD CA 92009
C S ATKINSON
APT 131
31 01 SIRENA VISTA WAY
CARLSBAD CA 92009
FRANCES A FERGUSON
APT 134
3101 SIRENA VISTA WAY
CARLSBAD CA 92009
BRIAN C ANDREWS
6705 XANA WAY
CARLSBAD CA 92009
SANDRA J PRINS
1461 SUNSET GROVE RD
FALLBROOK CA 92028
CRAIG & HEIDI PATCHETT
6735 XANA WAY
CARLSBAD CA 92009
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FRANK J FOSTER
67 BLAZEWOOD
FOOTHILL RANCH CA 92610
KATHY D TRAGER
APT 120
321 1 SIRENA VISTA WAY
CARLSBAD CA 92009
DAVID M BERG
STE 233
7048 CAMINO DEGRAZIA
SAN DIEGO CA 9211 1
MURPHY TR
APT 126
3201 SIRENA VISTA WAY
CARLSBAD CA 92009
CARL E HORTON
STE El
3300 NE 164TH ST
RIDGEFIELD WA 98642
E HOFFMAN
6506 ONDA PL
CARLSBAD CA 92009
MARY D KESSELRING
APT 135
31 01 SIRENA VISTA WAY
CARLSBAD CA 92009
BEHNAZ TR
671 I XANA WAY
CARLSBAD CA 92009
JEFFREY R DILLON
6725 XANA WAY
CARLSBAD CA 92009
NEAL K RIEDEL
6741 XANA WAY
CARLSBAD CA 92009
AWRY@ 5160@
T GNIATKOWSKI -
APT 118
321 1 SIRENA VISTA WAY
CARLSBAD CA 92009
DONMHERRON
134 JAFFREY RD
MALVERN PA 19355
JAUN A MENESES
APT 124
3201 SIRENA VISTA WAY
CARLSBAD CA 92009
SALLY BOYNTON
APT 127
3201 SIRENA VISTA WAY
CARLSBAD CA 92009
RICHARD SARLES
APT 130
3101 SIRENA VISTA WAY
CARLSBAD CA 92009
BEVERLY J STENDER
APT 133
3101 SIRENA VISTA WAY
CARLSBAD CA 92009
MOYA A MULLINS
APT 136
31 01 SIRENA VISTA WAY
CARLSBAD CA 92009
STEPHEN M SMITH
671 5 XANA WAY
CARLSBAD CA 92009
WILLIAM J IRVINE
6731 XANA WAY
CARLSBAD CA 92009
IHSAN & MILDRED HlJAZl
6745 XANA WAY
CARLSBAD CA 92009
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BEVERLY A JENKS
6751 XANA WAY
CARLSBAD CA 92009
BROCK S GAMMEL
6761 XANA WAY
CARLSBAD CA 92009
ROBERT D CROUSORE
1648 AMANTE CT
CARLSBAD CA 92009
FREDERIC T MURANYI
6765 XANA WAY
CARLSBAD CA 92009
BRIAN L ROBERTS
6801 XANA WAY
CARLSBAD CA 92009
WARREN M GRAN
6803 XANA WAY
CARLSBAD CA 92009
THOMAS C SWEETEN
6805 XANA WAY
CARLSBAD CA 92009
JAIME L JARRIN
725 LA MIRADA AVE
SAN MARINO CA 91 108
RICHARD B MARKELL
1306 EL CAMINO CT
ENClNlTAS CA 92024
DAVID C SWANSON
6804 XANA WAY
CARLSBAD CA 92009
BABAK M FAZELI
6802 XANA WAY
CARLSBAD CA 92009
JOHN R BAYARDO
6805 CAMINITO SUENO
CARLSBAD CA 92009
CASEY A ROSS
681 1 CAMINITO SUENO
CARLSBAD CA 92009
CHRISTOPHER M BOFFEY
6807 CAMlNlTO SUENO
CARLSBAD CA 92009
SEAN HANDLER
6809 CAMlNlTO SUENO
CARLSBAD CA 92009
GARY E OSTER
6813 CAMlNlTO SUENO
CARLSBAD CA 92009
ROBERT W HARTMAN
6816 CAMlNlTO SUENO
CARLSBAD CA 92009
SERGIO P MESSINA
6814 CAMlNlTO SUENO
CARLSBAD CA 92009
JAYNE E GENEAU
6812 CAMlNlTO SUENO
CARLSBAD CA 92009
MARC AZAR
6810 CAMlNlTO SUENO
CARLSBAD CA 92009
ANNE M GROSSMAN
6808 CAMlNlTO SUENO
CARLSBAD CA 92009
JESSE & JENN+FER BARGER
6806 CAMlNlTO SUENO
CARLSBAD CA 92009
JASON B RICHARDS
6706 XANA WAY
CARLSBAD CA 92009
SCHALK 0 OOSTHUIZEN
671 2 XANA WAY
CARLSBAD CA 92009
KAY A MUNCRIEF
6726 XANA WAY
CARLSBAD CA 92009
MAY Y JIN
PO BOX 2574
LA JOLLA CA 92038
BENNETT TR
6822 LUCIERNAGA CT
CARLSBAD CA 92009
VAN P LAM
6732 XANA WAY
CARLSBAD CA 92009
VINCENT B KENNEDY
6736 XANA WAY
CARLSBAD CA 92009
JAMES L GOLLAHER
6742 XANA WAY
CARLSBAD CA 92009
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GROSS TR
1001 GOLDENEYE VW
CARLSBAD CA 92009
ROBERT A BIELER
12731 GOLD CUP TRL
MANASSAS VA 201 12
KAHNEELKTR
6756 XANA WAY
CARLSBAD CA 92009
SHELDON W HULSTINE
6762 XANA WAY
CARLSBAD CA 92009
MATHEW FINE
6704 PASEO DEL VISTA
CARLSBAD CA 92009
HILDEGARD UTECHT
6706 PASEO DEL VISTA
CARLSBAD CA 92009
ANDREW J SHELDON
6708 PASEO DEL VISTA
CARLSBAD CA 92009
THOMAS M RENDINE
6710 PASEO DEL VISTA
CARLSBAD CA 92009
ROBIN SOLOMON
6712 PASEO DEL VISTA
CARLSBAD CA 92009
ERICA CHAVIN
6714 PASEO DEL VISTA
CARLSBAD CA 92009
MARIA F AVILA
6716 PASEO DEL VISTA
CARLSBAD CA 92009
TIMOTHY J MARTIN
6718 PASEO DEL VISTA
CARLSBAD CA 92009
JEFFREY D WOLL
6720 PASEO DEL VISTA
CARLSBAD CA 92009
JAMES E & MARY MCFALL
6724 PASEO DEL VISTA
CARLSBAD CA 92009
ROBERT AGUIRRE
602 MARAZON LN
VISTA CA 92083
CAROLYN S PAYNE
6730 PASEO DEL VISTA
CARLSBAD CA 92009
DAVID M CORNEJO
2932 SOMBROSA ST
CARLSBAD CA 92009
EDWIN STORY
6728 PASEO DEL VISTA
CARLSBAD CA 92009
MATTHEW R & LEAH SEAY
6913 CEDAR CREST DR
FREDERICKSBRG VA 22407
VAN H VU
6734 PASEO DEL VISTA
CARLSBAD CA 92009
BARBARA J ROTH
6731 PASEO DEL VISTA
CARLSBAD CA 92009
LIN L KOONG
9395 LAURENTIAN DR
SAN DIEGO CA 92129
RANDOLPH T KINNEY
6737 PASEO DEL VISTA
CARLSBAD CA 92009
CHRISTINA COURTNEY
6739 PASEO DEL VISTA
CARLSBAD CA 92009
JENNIFER GRODBERG
6709 PASEO DEL VISTA
CARLSBAD CA 92009
BEN HlAN
6703 PASEO DEL VISTA
CARLSBAD CA 92009
BRIAN L NEELEY
6707 PASEO DEL VISTA
CARLSBAD CA 92009
ARCHIE JR DAWSON
6807 XANA WAY
CARLSBAD CA 92009
KERRIE S BRIGGS
6809 XANA WAY
CARLSBAD CA 92009
IRAJ KARlMl
6713 PASEO DEL VISTA
CARLSBAD CA 92009
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JOHN P FAULKNER
681 1 XANA WAY
CARLSBAD CA 92009
BRET & ERIN CASLAVKA
681 3 XANA WAY
CARLSBAD CA 92009
RICHARD T WATT-
6815 XANA WAY
CARLSBAD CA 92009
ANTHONY J SMITH
681 7 XANA WAY
CARLSBAD CA 92009
KEVIN J CLARK
681 9 XANA WAY
CARLSBAD CA 92009
JOHN D TOMLINSON
6821 XANA WAY
CARLSBAD CA 92009
KENNETHGKADANSKY
7347 ALMADEN LN
CARLSBAD CA 92009
SEAN & RHONDA SIMPSON
6825 XANA WAY
CARLSBAD CA 92009
TIMOTHY J WILSON
6827 XANA WAY
CARLSBAD CA 92009
JOHN A & BlNA KOZAK
985 GARDENIA CT
SAN MARCOS CA 92069
DENNIS M TORMEY
6831 XANA WAY
CARLSBAD CA 92009
LAURA L MITCHELL
6833 XANA WAY
CARLSBAD CA 92009
ANTHONY J PULClNl
6835 XANA WAY
CARLSBAD CA 92009
ANDY W COLLINS
6837 XANA WAY
CARLSBAD CA 92009
KENNETH DAVIS
6839 XANA WAY
CARLSBAD CA 92009
SHAWN A & AMANDA DOAN
6841 XANA WAY
CARLSBAD CA 92009
MICHAEL & KAREN SPOHR
6843 XANA WAY
CARLSBAD CA 92009
CRAIG D HAMMETT
6845 XANA WAY
CARLSBAD CA 92009
NICOLAS VAZQUEZ
6847 XANA WAY
CARLSBAD CA 92009
BRADLEY J WARREN
6849 XANA WAY
CARLSBAD CA 92009
MARC VONMUSSER
6851 XANA WAY
CARLSBAD CA 92009
SHRILEY B MITCHELL
6848 XANA WAY
CARLSBAD CA 92009
BURTON J & VALARIE LO
6846 XANA WAY
CARLSBAD CA 92009
JACK Q ARMSTRONG
6844 XANA WAY
CARLSBAD CA 92009
GRANT A MORGAN
6842 XANA WAY
CARLSBAD CA 92009
EVAN D SLATER
6838 XANA WAY
CARLSBAD CA 92009
JOSEPH A ABRAMO
6836 XANA WAY
CARLSBAD CA 92009
ROBERT M DEGRASSE
6789 MALLEE ST
CARLSBAD CA 92009
JEFF FIEDOROWICZ
6834 XANA WAY
CARLSBAD CA 92009
VOGEL TR
360 ATTEBURY DR
SAN MARCOS CA 92078
Jam Free Printing
Use Avery@ TEMPLATE 5160@
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1 -800-GO-AVERY -
BRANTD&KARENNASS
6826 XANA WAY
CARLSBAD CA 92009
GORDON T BARNES
6824 XANA WAY
CARLSBAD CA 92009
MICHAEL SEDLMAYER
6822 XANA WAY
CARLSBAD CA 92009
TIMOTHY MCLARNEY
6820 XANA WAY
CARLSBAD CA 92009
ALEC R STAPLES
681 8 XANA WAY
CARLSBAD CA 92009
CYNTHIA J PHILLIPS
6816 XANA WAY
CARLSBAD CA 92009
RONNIE A GAUKEL
681 4 XANA WAY
CARLSBAD CA 92009
DOUGLAS S MACLEOD
681 2 XANA WAY
CARLSBAD CA 92009
VOGEL TR
2558 ROOSEVELT ST 301
CARLSBAD CA 92008
ROBERT S CHIEN
12101 PAWNEE LN
SHAWNEE MISSION KS 66209
STEVEN J ROBERTS
6817 CAMlNlTO SUENO
CARLSBAD CA 92009
ADAMMCMAHON
6819 CAMINITO SUENO
CARLSBAD CA 92009
MARK S & DEBRA FOSTER
6821 CAMINITO SUENO
CARLSBAD CA 92009
RICHARD G MERRILL
6823 CAMINITO SUENO
CARLSBAD CA 92009
LEMAIRE/BLUMHAR TR
275 LA COSTA AVE
ENClNlTAS CA 92024
BREHM TR
6827 CAMlNlTO SUENO
CARLSBAD CA 92009
KENNETH L BELSLY
6829 CAMINITO SUENO
CARLSBAD CA 92009
RAYMOND C SMITH
6831 CAMlNlTO SUENO
CARLSBAD CA 92009
DIANE E YOUNG
6833 CAMlNlTO SUENO
CARLSBAD CA 92009
THOMAS E HAZELTON
6835 CAMINITO SUENO
CARLSBAD CA 92009
DAN & NANNETTE GOLDBERG
6837 CAMlNlTO SUENO
CARLSBAD CA 92009
RITA LISA
6839 CAMINITO SUENO
CARLSBAD CA 92009
HEATHER L PITTARD
6838 CAMlNlTO SUENO
CARLSBAD CA 92009
MICHAEL A MCCLURE
6836 CAMlNlTO SUENO
CARLSBAD CA 92009
PAUL D LOEGERING
6834 CAMlNlTO SUENO
CARLSBAD CA 92009
MICHAEL J PACINO
6832 CAMlNlTO SUENO
CARLSBAD CA 92009
PATRICIA A OQUILL
6830 CAMlNlTO SUENO
CARLSBAD CA 92009
THOMAS D CONWAY
6828 CAMlNlTO SUENO
CARLSBAD CA 92009
MICHAEL W ANDERSEN
6824 CAMlNlTO SUENO
CARLSBAD CA 92009
GEORGE B FITZGERALD
6822 CAMlNlTO SUENO
CARLSBAD CA 92009
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THOMAS D MCNAMARA
12504 PORTADA PL
SAN DIEGO CA 92130
DALE L & TENA UMPHREY
6823 VIA MARINER0
CARLSBAD CA 92009
JAMES D MARTIN
6828 VIA MARINER0
CARLSBAD CA 92009
ALEXANDER KRI CHEVER
6839 VIA VERANO
CARLSBAD CA 92009
MARC & TORI FOLEY
6853 VIA VERANO
CARLSBAD CA 92009
JENKS TR
6870 VIA VERANO
CARLSBAD CA 92009
RANDALL D YEE
6864 VIA VERANO
CARLSBAD CA 92009
LUIS G & LISA REVILLA
6858 VIA VERANO
CARLSBAD CA 92009
www.avely.com
1-800-GO-AVERY
KATHRYN A OSBORNE
6818 CAMlNlTO SUENO
CARLSBAD CA 92009
BROOKFIELD OWNERS
ASSOCIATION
2835 CAMINO DEL RiO S
SAN DIEGO CA 92108
WAYNE W PATTERSON
6826 VIA MARINER0
CARLSBAD CA 92009
DEBRA VELLA
6841 VIA VERANO
CARLSBAD CA 92009
WILLIAM J GRAWIN
6855 VIA VERANO
CARLSBAD CA 92009
DANNY B NEAL
6868 VIA VERANO
CARLSBAD CA 92009
ERIC K ASMUSSEN
6862 VIA VERANO
CARLSBAD CA 92009
STEPHANIE DANIAL
6856 VIA VERANO
CARLSBAD CA 92009
BOSTICK TR
PO BOX 8525
RANCHO SANTA FE CA 92067
STEVEN S WESTON
6830 VIA MARINER0
CARLSBAD CA 92009
GERALD F MYERS
6837 VIA VERANO
CARLSBAD CA 92009
ERICKSON TR
6847 VIA VERANO
CARLSBAD CA 92009
PlLLAl TR
6867 VIA VERANO
CARLSBAD CA 92009
COOK TR
133 HUMMINGBIRD HL
ENCINITAS CA 92024
DEAN N & VANESSA HARRIS
6860 VIA VERANO
CARLSBAD CA 92009
TIMOTHY G HUGHES
2259 VIA TIEMPO
CARDIFF BY THE SEA 92007
CNLM JACK HENTHORN & ASSOCIATES MORROW DEVELOPMENT
STE H STE A STE 180
425 E ALVARADO ST 5365 AVENIDA ENCINAS 1903 WRIGHT PL
FALLBROOK CA 92028 CARLSBAD CA 92008 CARLSBAD CA 92008
RECM
STE K
770 N WOOD DALE RD
WOOD DALE IL 60191
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, {DATE}, to consider a
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; approval of three Tentative Tract Maps and three Planned Unit
Development Permits. The Tentative Tract Maps will subdivide Neighborhoods 2.1 through 2.5
into a total of 263 residential lots with minimum lot areas of 6,000, 7,500 or 10,000 square feet
depending on the neighborhood requirement of the Villages of La Costa Master Plan, 20 private
street lots, 1 private driveway lot and 24 open space lots. The Planned Unit Development
Permits are to allow for a minimum lot size of 6,000 square feet in Neighborhood 2.5, gated
entries in Neighborhoods 2.1, 2.4 and east of 2.5 and private streets in Neighborhoods 2.1
through 2.5, on property generally located at to the south of Alga Road, east of El Fuerte Street
and west of Xana Way in Local Facilities Management Zone 11 and more particularly described
as:
Being a subdivision of Lots 221, 226, 227, 228, 229, 246 and 247 of
Carlsbad Tract No. 99-04-02, Villages of La Costa - La Costa Ridge,
Neighborhoods 2.1 and 2.2 in the City of Carlsbad, County of San Diego,
State of California according to map thereof No. 14838 filed in the Office
of the County Recorder of San Diego County on 7-14-04
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 {DATE}. If you have any
questions, please call Chris DeCerbo in the Planning Department at (760) 602-461 I.
The time within which you may judicially challenge the Tract Maps and Planned Unit
Developments, if approved, are established by state law and/or city ordinance, and are very
short. If you challenge the Tract Maps and/or Planned Unit Developments in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the
public, hearing.
CASE FILE: CT 04-02/PUD 04-01/CT 04-03/PUD 04-02/CT 04-04/PUD 04-03
CASE NAME: VILLAGES OF LA COSTA - RIDGE NEIGHBORHOODS 2.1 THROUGH 2.5
PUBLISH: {DATE}
CITY OF CARLSBAD
CITY COUNCIL
,
/ SITE
VILLAGES OF LA COSTA- LA COSTA RIDGE 2.1 & 2.2
CT 04=02/PUD 04-01
/SITE
VILLAGES OF LA COSTA - LA COSTA RIDGE 2.3 & 2.4
CT 04-03/PUD 04-02
SITE
VILLAGES OF LA COSTA -
LA COSTA RIDGE 2.5
CT 04-04/PUD 04-03
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
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:
November 05'h ,2004
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This 05'h Day of November, 2004
Sidnature
Jane Olson
NORTH COUNTY TIMES
Legal Advertising
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Being a subdivision of Lots 221 226 227 228 2: 1246 and 247 of Carlsbad Tract No. 9d-04-dZ. Villag of La Costa - La Costa Rid e, Neighborhoods 2 1 a1 2.2 in the City of Carlsbad ijounty of San Die o Sla of California accordin 10 map thereof No. 14938 fill in the Office of the 8ounty Recorder of San Die County on 7~14-04
Those persons wishing lo speak on this pro osal a cordially invited to attend the ublic hearing. eopies the a enda bill will be availabk on and after Novernb 12 2804. If you have any questions, please call Cht DeCerbo in the Planning Department at (76 602-461 1
CASE FILE'CT 04-02/PUD 04-01iCT 04-03/PUD 0. 02/CT 04-04PUD 04-03
CASE NAME VILLAGES OF LA COSTA - RlDG NEIGHBORHOODS 2 1 THROUGH 2 5
CITY OF CARLSBAD CITY COUNCIL
dovember 05 2004
Villages of La Costa –Ridge Neighborhoods 2.1 through 2.5CT 04-02/PUD 04-01/CT 04-03/ PUD 04-02/CT 04-04/PUD 04-03
La Costa Ridge Development Plan
La Costa Ridge/Oaks Surrounding Land Uses
Project Information2.1 & 2.22.3 & 2.42.5@156.1 gross acres@263 residential lots¾66 min. 6,000 sq. ft.¾90 min. 7,500 sq. ft.¾104 min. 10,000 sq. ft.¾3 min. ½ acre@21 private streets@24 open space lots
Subdivision Design@Complies with Villages of La Costa Master Plan and Subdivision OrdinancePlanned Development Permits@Complies with Villages of La Costa Master Plan, which anticipated and allowed for minimum 6000 sq. ft. lots in Neighborhood 2.5 and for private streets and gated entries for Neighborhoods 2.1 –2.5
Environmental Review@Evaluated in Final Program EIR 98-07@Applicable mitigation measures have been completed, incorporated into the project design or are required as conditions of approval@Proposed activities determined to have no effects beyond those analyzed in EIR 98-07
Recommendation@That the City Council approve CT 04-02, PUD 04-01, CT 04-03, PUD 04-02, CT 04-04, and PUD 04-03
La Costa Ridge Trails and Recreation Plan