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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 X X X 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. 11 11 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 d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the proposed development is not within a preserve area of the Habitat Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in Final Program EIR 98-07. That the discharge of waste 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 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 I1 PC RES0 NO. 5734 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement 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. 14 PC RES0 NO. 5734 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 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 15- PC RES0 NO. 5734 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. 21. 22. 23. 24. 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). 16 PC RES0 NO. 5734 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 5734 -10- 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5734 -1 1- lg 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43. 44. 45. 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. 19 PC RES0 NO. 5734 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46. 47. 48. 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 PC RES0 NO. 5734 -13- 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 5734 -14- esi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminders: The project is subject to all app the following: 53. 54. 55. 56. 58. ... ... ... .. ... ... ... ... ... 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. PC RES0 NO. 5734 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5734 -16- 633 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of 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 PC RES0 NO. 5735 -2- 4s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. ’ 7. 8. 9. 10. 11. 12. ... challenged, this approval. shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Planned Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 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 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the proposed development is not within a preserve area of the Habitat Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in Final Program EIR 98-07. That the discharge of waste 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 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 31 PC RES0 NO. 5736 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. e. f. g- h. 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 PC RES0 NO. 5736 -8- 3 s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 18. 19. 20. 21. 22. 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). 3b PC RES0 NO. 5736 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23, 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 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 3 PC RES0 NO. 5736 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5736 ,11- 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. 42. 43. 44. 45. 46. 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 PC RES0 NO. 5736 -12- 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. 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; PC RES0 NO. 5736 40 .13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49. 50. 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. 41 PC RES0 NO. 5736 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fire 54. - 55. 56. 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 42 PC RES0 NO. 5736 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... ... PC RES0 NO. 5736 -16- 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5736 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2? 21 22 23 24 25 26 27 28 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. &j- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of 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 PC RES0 NO. 5737 -2- 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. ... challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with 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). -3- 47 PC RES0 NO. 5737 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -4- 48 PC RES0 NO. 5737 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 5-7 PC RES0 NO. 5739 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 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 PC RES0 NO. 5739 -4- 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -5- 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots andor the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to 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. PC RES0 NO. 5739 -7- 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. e. f. g. h. 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 5’6 PC RES0 NO. 5739 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. 20. 21. 22. 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). 57 PC RES0 NO. 5739 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. 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. PC RES0 NO. 5739 -10- 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. 42. 43. 44. 45. 46. 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 PC RES0 NO. 5739 -12- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; Ll PC RES0 NO. 5739 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5739 14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fire 55. - 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 13 PC RES0 NO. 5739 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 63. 64. 65. 66. 67. ... ... ... ... ... ... ... ... 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. PC RES0 NO. 5739 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5739 -17- 1 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 17 PC RES0 NO. 5740 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. ... challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Planned Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director 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). CB PC RES0 NO. 5740 -3- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 3 I 1 < : d I ? 0 C ? i c 1 1 I i 1 C > 1 2 I I I 5 P I i i I I 1 ; C Y C i z I E e I I I I I c d t 5 a b 5 E ! 1 I ? I E E I 1 I I I c E 5 a b 5 E ! a e ; I e I I I I I C I a 0 5 I ! e ; 1 e I I I I I r i a ti I I ! 1 P , 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 lo 3 I I z p Pg z S 4 ! I i I I I I .I U C < , G I i L I I 9 s I i c ! I I I I 1 (r C < I G , , i L I . S i c I I I I 1 (r C < < G I ? L I \ c ... nn ,m L ? ”. .. ..... - I P f3 1~ I ¶ M m Z L 4 e f t u, id 9 U P Q E lu L -11 E I '- I I P 5 eC d a L ,." f i )-w and I zo-PO 13 -a t CI ? 2 0 /a f . 3 -a /a3 I-a t .E < C C E C C c c c c + 9 I C C z C C G E c C k . 1 > 1-25 3 n n 1 N 3 e L a 8 m X 3 ~ E - n, m r F! 2 i > I38 Ind / EO-tO 13 1 > a L I I , I Jt'a (3) 1Og6 dWZO-PO afld / EO-tO 13 n - .a rs n ? 7 n 3 4 d ? i c -a 1-3 nw 1 c a d' 0 4 f *F I- a c P 8 $ nL 3 R P m-w and PO-PO 13 I /6 0 \ \ \ L 0-W Qfld 1 PO-tO 13 > -. I EO-Po and 1 90-90 13 .. _. .. .. .. .. 0 ."\/ d m 4 2 C lC b 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 6225 EL CAMINO REAL CARLSBAD CA 92009 SAN DIEGUITO SCHOOL DlST 701 ENClNlTAS BLVD ENClNlTAS CA 92024 CITY OF ENClNlTAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD RECREATION ADMIN SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR SAN MARCOS CA 92069 LEUCADIA WASTE WATER DlST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DlST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SANDIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC W 0 RKS/ENG I N EERl NG JOHN MAASHOFF DEPT- PROJECT ENGINEER ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD ENClNlTAS CA 92024 OLIVENHAIN WATER DlST 1966 OLIVENHAIN RD ENClNlTAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I. P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD PROJECT PLANNER CHRIS DECERBO 1011 512004 AVERW Address Labels lam Free Printing Use Avee TEMPLATE 51608 0 www.avery.com 1 -80040-AVERY - AVEKY@ 51608 ROMAN CATHOLIC BISHOP PO BOX 85728 SAN DlEGO CA 92186 HOWARD TElTLER 6640 SlTlO PALMAS CARLSBAD CA 92009 BRUCE S ABOUDARA 6644 SIT10 PALMAS CARLSBAD CA 92009 MARY E HEPPNER 6648 SlTlO PALMAS CARLSBAD CA 92009 CLARK TR 6652 SIT10 PALMAS CARLSBAD CA 92009 MASON TR 6656 SlTlO PALMAS ST CARLSBAD CA 92009 BRUDNEY TR APT A 2938 LUCIERNAGA ST CARLSBAD CA 92009 MARILYN S MAYNE APT B 2938 LUCIERNAGA ST CARLSBAD CA 92009 SHAHRAMKHODADAD 6660 SIT10 PALMAS CARLSBAD CA 92009 LUPE DRESSLER APT A 2940 LUCIERNAGA ST CARLSBAD CA 92009 GORDON H RICHARDS APT B 2940 LUCIERNAGA ST CARLSBAD CA 92009 TIMOTHY B AUSTIN APT A 2942 LUCIERNAGA ST CARLSBAD CA 92009 RICHARD J CRESPO APT B 2942 LUCIERNAGA ST CARLSBAD CA 92009 JANET E HEISE 6639 CORTE MARIA CARLSBAD CA 92009 PARMA N & SAROJNI ARYA 6641 CORTE MARIA CARLSBAD CA 92009 CRAIG H BURSON 6645 CORTE MARIA CARLSBAD CA 92009 WENDE M ECKARD 6547 CORTE MARIA CARLSBAD CA 92009 CAVANAUGH TR 104 DEBORAH CT UPLAND CA 91 784 VICKI NEVlNS APT 5 325 S SIERRA AVE SOLANA BEACH CA 92075 MARIAN & PAUL BUMANN 828 WOODLEY PL ENClNlTAS CA 92024 ARTHUR W & MURIEL MASON 6657 CORTE MARIA CARLSBAD CA 92009 STEPHEN J RICE 6669 CORTE MARIA CARLSBAD CA 92009 DANIELLE L BALL-PESSANHA 6661 CORTE MARIA CARLSBAD CA 92009 BRETT M BOUTELLE 6663 CORTE MARIA CARLSBAD CA 92009 MARIE FRIES APT B 33671 BLUE LANTERN ST DANA POINT CA 92629 THOMAS A SMITH 6667 CORTE MARIA CARLSBAD CA 92009 CAVANAUGHMCAVANAUGH 1776 TROY LN OCEANSIDE CA 92054 ANITA C KNIGHT 2955 CORTE DIANA CARLSBAD CA 92009 NORBERT J THEISEN 2951 CORTE DIANA CARLSBAD CA 92009 VIVEKA N ARYA 2949 CORTE DIANA CARLSBAD CA 92009 Jam Free Printing Use Ave@ TEMPLATE 5160@ CHANDRANI T COLLURE 2945 CORTE DIANA CARLSBAD CA 92009 WILLIAM C MASON 2942 CORTE DIANA CARLSBAD CA 92009 LEE A HAY 2950 CORTE DIANA CARLSBAD CA 92009 SARAH A SCHMOLL 6699 CORTE MARIA CARLSBAD CA 92009 DENNIS J MEHEGAN 6689 CORTE MARIA CARLSBAD CA 92009 DONALD E HURRELL 6677 CORTE MARIA CARLSBAD CA 92009 WERNER TR APT 135 6627 SANTA ISABEL ST CARLSBAD CA 92009 CLINTON D MORTON APT 129 6629 SANTA ISABEL ST CARLSBAD CA 92009 ANDREW J BOUGHTWOOD APT 100 523 ENClNlTAS BLVD ENClNlTAS CA 92024 DESMARAIS TR 6803 URUBU ST CARLSBAD CA 92009 I www.avery.com 1-800-GO-AVERY - 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Jam Free Printing Use Avee TEMPLATE 5160@ B www.avery.com 1-800-GO-AVERY - AWRY@ 5160@ 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 Jam Free Printing Use Avery@ TEMPLATE 5160@ I www.avery.com 1 -800-GO-AVERY - AWRY@ 5160@ 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.... . --. . ... 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Use Avee TEMPLATE 5160@ AWRY@ 5160@ 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@ 0 www.avery.com 1 -800-GO-AVERY - 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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