HomeMy WebLinkAbout2005-03-15; City Council; 18024; Villages of La Costa Greens Neighborhood 1.6AB# 18,024
MTG. 3/15/05
DEPT. PLN
TITLE:
VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.6
CT 04-16/PUD 04-14
DEPT. HD.
CITY ATTY.
CITY MGR a &
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. , APPROVING Tentative Tract Map
CT 04-16 and Planned Unit Development PUD 04-14 for Villages of La Costa Greens Neighborhood
1.6 as recommended for adoption and approval by the Planning CQmmission.
ITEM EXPLANATION:
205-072
Project Applications Ad mi n istra tive Reviewed by and
Approvals Final at Planning To be reviewed -
Final at Council
CT 04-16
PUD 04-14
On February 16, 2005, the Planning Commission conducted a public hearing for a residential
subdivision in the Villages of La Costa Master Plan. Neighborhood 1.6 (CT 04-161PUD 04-14)
requires approval by the City Council since the subdivision contains more than 50 residential lots.
.. Commission
X
X
The Villages of La Costa Greens Neighborhood 1.6 consists of the subdivision of 36 acres into 91
single-family residential lots with a minimum lot size of 6,000 square feet, 6 open space lots, and one
recreation lot. In addition to the Tentative Tract Map, a Planned Development Permit is required by
the Master Plan to allow for lots less than 7,500 square feet. The Master Plan specifically identified
Neighborhood 1.6 as a subdivision of 6,000 square foot residential lots. Architectural review of the
homes will be presented to the City Council at a later date as an amendment to the PUD.
The Planning Commission discussed the merits of all applications, and voted 5-0-0 (Segall and
Baker Absent) to recommend approval of the project to the City Council.
A full disclosure of the Planning Commission’s discussion for Neighborhood 1.6 and a complete
description and staff analysis of the project is included in the attached minutes and staff report to the
Planning Commission.
ENVl RON MENTAL:
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
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.
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-
IA required an acoustical analysis for certain areas of the Master Plan to identify all necessary noise
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PAGE 2 OF AGENDA BILL NO. 18,024
control requirements on project plans necessary to meet the City of Carlsbad interior and exterior
noise levels. The required study was provided and the plans have incorporated noise walls where
appropriate. The EIR 98-07 “Findings of Fact and Statement of Overriding Considerations” applies
to all subsequent projects covered by the Villages of La Costa Master Plan Final Program EIR.
The proposed activities would have no effects beyond those analyzed in the program EIR, as they
are a part of the program analyzed earlier. 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.
EXHIBITS:
1. City Council Resolution No. 2005-072
2. Location Map
3.
4.
5.
Planning Commission Resolutions No. 5840 and 5841
Planning Commission Staff Report, dated February 16, 2005
Draft Excerpts of Planning Commission Minutes, dated February 16, 2005.
DEPARTMENT CONTACT: Jessica Galloway, (760) 602-4631, jgall@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT
MAP AND PLANNED UNIT DEVELOPMENT FOR VILLAGES OF
LA COSTA GREENS NEIGHBORHOOD 1.6 TO SUBDIVIDE 36
AND 1 RECREATION LOT ON PROPERTY GENERALLY
LOCATED EAST OF ALICANTE ROAD AND NORTH OF
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE IO.
CASENAME: VILLAGES OF LA COSTA GREENS
ACRES INTO 91 SINGLE-FAMILY LOTS, 6 OPEN SPACE LOTS,
NEIGHBORHOOD 1.6
CASE NO.: CT 04-16/PUD 04-14
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 February 16, 2005, hold a duly noticed public hearing as prescribed by law
to consider a Tentative Tract Map and Planned Unit Development; and
WHEREAS, the City Council of the City of Carlsbad, on the 15th day of
MARCH , 2005, held a duly noticed public hearing to consider the Tentative Tract
Map and Planned Unit Development, and at the time received recommendations, objections,
protests, comments of all persons interested in or opposed to CT 04-1 6/PUD 04-14; 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 04-16 and Planned Unit Development PUD 04-14 is approved by the
City Council and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No. 5840 and 5841, on file with the City Clerk and made a
part hereof by reference, are the findings and conditions of the City Council.
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3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
“NOTICE TO APPLICANT”
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15th day of MARCH , 2005, by the
following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ATTEST:
(SEAL)
-2- 4
EXHIBIT 2
VLC GREENS'
NEIGHBORHOOD 1.6
CT 04-16/PUD 04-14 5
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EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5840
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 36 ACRES INTO 91 RESIDENTIAL LOTS, 1
RECREATIONAL LOT, AND 6 OPEN SPACE LOTS ON
PROPERTY GENERALLY LOCATED NORTH OF
POINSETTIA LANE, AND EAST OF ALICANTE ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 10.
CASENAME: VILLAGES OF LA COSTA GREENS
APPROVAL OF CAFUSBAD TRACT CT 04-16 TO
NEIGHBORHOOD 1.6
CASE NO.: CT 04- 16
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 6 of Carlsbad Tract No. 99-03,
Village of La Costa Greens - La Costa Greens in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 14543, filed in the office of the County
Recorder of San Diego County February 12,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “M” dated February 16, 2005, on file in the Planning
Department VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6 - CT 04-16, as
provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of February, 2005,
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:
b A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.6 - CT 04-16, based on the following findings and subject
to the following conditions:
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
regulations including the Villages of La Costa Master Plan.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development or Open Space on the
General Plan, in that the site has a General Plan designation of Residential Low-
Medium Density (RLM) and surrounding properties are designated as Residential
Low-Medium Density (RLM) and Open Space (OS).
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that all lot sizes and dimensions are consistent with the development
criteria of the Villages of La Costa Master Plan and Title 20 of the Carlsbad
Municipal Code.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map the developer is conditioned to obtain any
easements required for the proposed project.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family lots with adequate separation to provide
future 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
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9.
10.
11.
habitat, in that the proposed development is not within a preserve area of the Habitat
Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan that was evaluated in
Final Program EIR 98-07.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, and Villages of La Costa
Master Plan based on the facts set forth in the staff report dated February 16, 2005
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 densky is within the density range of 0-4 du/ac specified for the site as
indicated on the Land Use Element of the General Plan, and does not exceed the
number of units permitted in each neighborhood by the Villages of La Costa
Master Plan.
Housing - The project is consistent with the Housing Element of the General
Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa
Master Plan as the developer is required to construct affordable housing
units consistent with the First Amended and Restated Affordable Housing
Agreement (dated 2/21/03) approved for the Villages of La Costa. The
Greens Affordable Apartment Project has been approved and construction is
nearing completion, and units in that project will satisfy the inclusionary
housing requirements for this project.
Open Space and Conservation - The Open Space Preserve Areas are identified
in the Habitat Conservation Plan, certified Villages of La Costa Master Plan
EIR, and Villages of La Costa Master Plan. The project will not impact the
designated open space and will provide Master Plan trails and connections to
the adjacent neighborhoods as identified in the Villages of La Costa Master
Plan.
Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards and
the Villages of La Costa Master Plan.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 10 and all City public facility policies and
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12.
13.
14.
1.5.
16.
ordinances. The project includes elements or has been conditioned to construct or
provide finding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. the project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
have been satisfied by the use of existing parkland credits in addition to the
dedication of land for the future Alga Norte Park.
c. the Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 10.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 10 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
The Planning Director has determined that:
a. the project is a(n) subsequent activity of the Villages of La Costa Master Plan
for which a program EIR was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [ 15 168(c)(2) and (e)]; and
b. this project is consistent with the Master Plan cited above; and
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17.
c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior plan; and
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist; and
f. all feasible mitigation measures or project alternatives identified in the Villages of
La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note:
1.
2.
3.
4.
Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
final map or issuance of a grading permit whichever occurs first.
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 modifl 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; record a notice of violation on the
property title; 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.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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5.
6.
7.
8.
9.
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12.
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 Planning Director a reproducible 24” x 36” mylar copy of the
Tentative Map reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide skhool facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010.
This approval is granted subject to the approval of PUD 04-14 and is subject to all
conditions contained in Planning Commission Resolution No. 5841 for those other
approvals incorporated herein by reference.
Developer shall construct the required inclusionary units as stipulated in the First
Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
between Real Estate Collateral Management Company and the City of Carlsbad
concurrent with the project’s market rate units, unless both the final decision making
authority of the City and the Developer agree within an Affordable Housing Agreement to
an alternate schedule for development.
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13.
14.
15.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a.
b.
C.
d.
General Enforcement bv the City. The City shall have the right, but not the
obligation, to enfoTce 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 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.
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
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16.
17.
18.
e.
f.
g.
h.
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
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
Landscape Material Restrictions: Restrictions to landscape materials adjacent
to conserved habitat areas shall be as set forth in Exhibit
Invasive/exotic species not to be used include those listed on Lists A and B of the
"Exotic Plants of Greatest Ecological Concern in California" adopted by the
California Exotic Pest Plan Council, October, 1999.
HCP/OMSP Educational Material: Exhibit
and sensitivity of the conserved habitat areas and ways to avoid impact to them.
describes the importance
Lighting Restrictions on Private Residential Lots: Restrictions on lighting within
residential lots adjacent to open space conservation areas shall be as set forth in
Exhibit
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 10, pursuant to Chapter 21.90. All such
taxes/fees 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 a Planned Unit Development by Resolutions No. 5840 and 5841 on the
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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 a future school site and odor
impacts from an existing sewer lift station, in a form meeting the approval of the
Planning Director and the City Attorney.
Developer shall dedicate on the final map, an open space easement for those portions of
lots 93-98 which are (in slopes, wetlands, coastal sage scrub or other constrained land
plus all other lands set aside as part of the Citywide Open Space System) to prohibit any
encroachment or development, including but not limited to fences, walls, decks, storage
buildings, pools, spas, stairways and landscaping, as shown on Exhibit “B.”
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#1 on file in the Planning Department).
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
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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).
Removal of native vegetation and development of Open Space Lots 93-98, including but
not limited to fences, walls, decks, storage buildings, pools, spas, stairways and
landscaping, other than that approved as part of (the grading plan, improvement plans,
biological re-vegetation program, landscape plan, etc.) as shown on Exhibit “B” is
specifically prohibited, except upon written order of the Carlsbad Fire Department for fire
prevention purposes, or upon written approval of the Planning Director, based upon a
request from the Homeowners Association accompanied by a report from 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 City’s Sign Ordinance and the Villages of La Costa Master Plan and shall
require review and approval of the Planning Director prior to installation of such signs.
The required recreation area on lot 44 shall obtain approval and begin construction
prior to the occupancy of the first unit of either Neighborhood 1.6 or 1.7, whichever
occurs first, and shall be approved for use prior to the occupancy of 50% of the
units within Neighborhoods 1.6 and 1.7.
Prior to occupancy of any units within Neighborhood 1.6, 1,820 square feet of
temporary or permanent R.V. storage shall be made available in La Costa Greens
Neighborhood 1.2.
Prior to occupancy of any units within Neighborhood 1.6, 1,820 square feet of
permanent R.V. storage shall be made available in La Costa Greens Neighborhood
1.2, or temporary R.V. storage shall be made available within the Village of La
Costa Greens.
Lot 66 shall adhere to all required lot setbacks and yard standards regardless of the
orientation of the dwelling unit. A note to this effect shall be placed on the Final
Map.
Engineering
General
32. 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
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for the proposed haul route.
Prior to issuance of any building permi Developer shall comply with the requiremerx of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: sidewalks, street lights, storm drain and water quality
treatment facilities located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within the subdivision.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
statement on the Final Map (and in the CURS).
Type I1
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within an intersection sight distance corridor
established per Carlsbad Engineering Standards, Volume 1, Chapter 3, Section 8.B.
The underlying property owner shall maintain this condition."
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
FeedAgreements
PC RES0 NO. 5840
Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
associated Poinsettia Lane East Assessment District 2002-1, or the assessments must be
paid in full. Developer shall pay all associated costs of said reapportionment. The
application shall be submitted to the City Engineer with the application for the final map.
This project shall be annexed into City of Carlsbad Street Lighting and
Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building
permits or final map for this project, Developer shall cause Owner to execute an
Agreement to annex the subject property into City of Carlsbad SL&LD #2. The
Agreement shall be in a form approved by the Assistant City Finance Director.
Developer shall pay all fees necessary to annex the property into SL&LD #2.
Developer shall execute a standard City of Carlsbad encroachment agreement for
the proposed private streetlights.
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Grading
41. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
42. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer, and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a permanent record.
43. 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.
Dedications/Improvements
44. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the Final Map. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
Streets that already public are not required to be rededicated.
45. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to 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, stormwater quality treatment devices and reclaimed water, to
City Standards to the satisfaction of the City Engineer. The improvements are:
a) Construct street, underground potable water, sewer, storm drain,
stormwater quality treatment devices and reclaimed water within Quartz
Way, Geode Lane, Streets "A," "B" and "C" and public easements as
shown on the Tentative Map.
b) Developer shall design and install fully actuated traffic signals, including all
appurtenances and traffic signal interconnect conduit and cable, at the
intersections of Poinsettia Lane and Quartz Way, and Poinsettia Lane and
Street "A" to the satisfaction of the City Engineer.
c) The improvements shown on approved City of Carlsbad Drawing Numbers
397-2H and 397-21 ("the Improvements") shall be substantially complete to
the satisfaction of the City Engineer prior to approval of the Final Map. If
the Improvements have not been substantially completed to the satisfaction
of the City Engineer, the City Engineer may require additional security for
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the Improvements prior to approval of the Final Map.
The offsite storm drain and water quality treatment device (located withi
CT 04-15) that serves this project shall be installed and operational prior to
the issuance of development permits for this subdivision. At the time of
final design for this project, if these improvements are not yet completed,
Developer shall design and post security for these offsite improvements to
the satisfaction of the City Engineer.
d)
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 issuance of building permits, Developer shall underground all existing overhead
utilities within the subdivision boundary.
No more than 25 residential building permits within this subdivision shall be issued
until there are two circulation access roads installed, to the satisfaction of the City
Engineer and the Fire Marshal.
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:
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b.
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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
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project. At a minimum, the SWMP shall:
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identify existing and post-development on-site pollutants-of-concern;
identifl 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.
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Final Map Notes
50. Developer shall show on Final Map the net developable acres for each parcel.
5 1. 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. Public street, sewer, water, reclaimed water and storm drain
improvements shown within public streets and easements.
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:
The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harrnless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
Water
52. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
53. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
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At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access andor joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s1 prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install (potable water andor recycled water services) and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes. Said study shall be submitted concurrently with the
improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
The Developer shall submit a detailed recycled water study, prepared by a
Registered Engineer that identifies the peak demands of the project. The study shall
identify velocity in the main lines and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study
shall be prepared to the satisfaction of the District Engineer.
PC RES0 NO. 5840 do -15-
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative Map are for planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
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.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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 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. 5840 -16-
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PASSED, APPROVED AND ADOPTED
Commission of the City of Carlsbad, California, held on 1
following vote, to wit:
at a regular meeting of the Planning
Le 16th day of February 2005, by the
AYES: Vice Chairperson Montgomery, Commissioner Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall and Commissioner Baker
erson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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PLANNING COMMISSION RESOLUTION NO. 5841
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
RESIDENTIAL LOTS, 1 RECREATIONAL LOT, AND 6 OPEN
SPACE LOTS ON PROPERTY GENERALLY LOCATED
NORTH OF POINSETTIA LANE, AND EAST OF ALICANTE
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10.
CASENAME: VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.6
PUD 04-14 TO SUBDIVIDE 36 ACRES INTO 91
CASE NO.: PUD 04-14
WHEREAS, Morrow Development, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
Being a subdivision of Lots 6 of Carlsbad Tract No. 99-03,
Village of La Costa Greens - La Costa Greens in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 14543, filed in the office of the County
Recorder of San Diego County February 12,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “M” dated February 16, 2005, on file in the
Planning Department, VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6 - PUD
04-14 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of February, 2005,
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
a3 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.6 - PUD 04-14, 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, in that the project complies with the required development
standards of the Villages of La Costa Master Plan such as lot width, lot area, and
maximum number of residential lots. The project design conforms to all design and
development standards applicable to the property. The development of single-family
homes on minimum 6,000 square foot lots is consistent with the Villages of La Costa
Master Plan and is compatible with adjacent existing and planned land uses.
2. That the proposed project’s density and site design are compatible with surrounding
development, in that there is proposed residential development to the southeast of the
site which is similar in density and character.
3. All findings of Planning Commission Resolution No. 5840 for CT 04-16 are incorporated
herein by reference.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a Final Map or issuance of a grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modi@ all approvals herein granted; deny or further condition issuance of all
hture building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Planned Unit Development.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Unit Development 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.
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4.
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If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Planned Unit 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 Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of CT 04-16 and is subject to all
conditions contained in Planning Commission Resolution No. 5840 for those other
approvals.
Prior to the recordation of the final map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Planned Unit Development by Resolution No. 5841 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
35 PC RES0 NO. 5841 -3-
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which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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 tg 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 16th day of February 2005, by the
following vote, to wit:
AYES: Vice Chairperson Montgomery, Commissioner Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT: Chairperson Segall and Commissioner Baker
ABSplN:
MAdTyELL B. MOh*OMEkY, Vice Chairperson
CARLSBAD PL-G COMMISSION -
TEST: kz
DON NEU
Assistant Planning Director
PC RES0 NO. 5841 -4-
EXHIBIT 4 The City of Carlsbad Planning Department
P.C. AGENDA OF: February 16,2005
A REPORT TO THE PLANNING COMMISSION
Application complete date: September 30,2004
Project Planner: Jessica Galloway
Project Engineer: Bob Wojclk
SUBJECT: CT 04-16/PUD 04-14 - VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.6 - 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 ER adequately describes the activity for the purposes of CEQA; and
a recommendation of approval of a Tentative Tract Map and Planned Unit
Development Permit to subdivide 36 acres into 91 residential lots, 1 recreation lot,
and 6 open space lots for Neighborhood 1.6, located to the north of Poinsettia
Lane, and east of Alicante Road in Local Facilities Management Zone 10.
I. RECOMMENDATION -
That the Planning Commission ADOPT Planning Commission Resolutions No. 5840 and 5841
RECOMMENDING APPROVAL of a Tentative Tract Map (CT 04-16), and Planned Unit
Development Permit (PUD 04-14), based on the findings and subject to the conditions contained
therein.
11. INTRODUCTION
The proposed project includes a Tentative Tract Map (CT) to subdivide and grade a total of 36
acres into 91 residential lots, 1 recreation lot, and 6 open space lots. The project area includes
Neighborhood 1.6 of the Greens of the Villages of La Costa Master Plan (VLCMP). The site is
located north of Poinsettia Lane and east of Alicante Road. The VLCMP established the
minimum lot size for this neighborhood at 6,000 square feet per lot. Section 3.5 and 5.2.8.2 of
the Master Plan requires a Planned Unit Development Permit (PUD) prior to the development of
lots less than 7,500 square feet. Architectural and dwelling unit plot plans are not proposed at
this time and will require approval at a hture date through a PUD Amendment as required by the
VLCMP. The project complies with City standards and all necessary findings can be made for
the approvals being requested. The CT and PUD applications require City Council action as the
project contains more than 50 residential lots.
111. PROJECT DESCRIPTION AND BACKGROUND
Background
On October 23,2001, the City Council certified the Final Program EIR, approved the Villages of
La Costa Master Plan, a Master Tentative Tract Map and related applications for the Villages of
La Costa project. The Master Plan establishes the permitted uses, development standards, and
design criteria for each neighborhood as well as the development review process to be used.
Master Tentative Tract Map CT 99-03 subdivided the area into open space areas and established
CT 04-16PUD 04-14- VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
February 16,2005
Application Master Plan Area Residential Minimum Lot
Number Neighborhood Lots Size Required
Permitted
by the MP
CT 04-16 1.6 36 acres 92 6,000 sq. R.
PUD 04- 14 1.6 36 acres 92 6,000 sq. R.
the neighborhood development area boundaries. A final map has been recorded for the La Costa
Greens area. Plans for mass grading and circulation element roadway improvements have been
approved. This mass grading is currently underway, as well as the roadway improvements of
Poinsettia Lane and Alicante Road.
Number of
Lots Proposed
91 residential
1 recreational
6 open space
N/A
Project Description
The 36-acre project site is located north of Poinsettia Lane and side of Alicante Road within the
Villages of La Costa Master Plan and the Zone 10 Local Facilities Management Plan.
Development of the neighborhood requires further subdivision of the large neighborhood
planning area lots created by Master Tentative Tract Map CT 99-03, along with finish grading
for the site and infiastructure improvements. The Neighborhood 1.6 project area is bordered to
the north and northeast by Bressi Ranch residential neighborhoods, to the east and southeast by
Villages of La Costa Greens Neighborhood 1.7, and to the south and west by open space.
The proposed project includes a number of applications as summarized below in Table 1.
Along with the proposed CT, a PUD is required by the VLCMP for Neighborhood 1.6. The
PUD proposes private streets and a minimum lot size of 6,000 square feet. Section 4.6.4 of the
VLCMP allows the PUD to be approved without architecture and plotting. A future amendment
to the PUD permit is required to authorize future plotting and architecture in accordance with the
provisions of the Master Plan.
n7. ANALYSIS
The project is subject to the following plans, ordinances and standards:
A.
B.
C.
D.
E.
Residential Low-Medium Density (RLM) General Plan Land Use Designation;
Villages of La Costa Master Plan (MP 98-01);
Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal
Code);
Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and
Growth Management Regulations (Zone 10 Local Facilities Management Plan).
The recommendation for approval of this project was developed by analyzing the project’s
consistency with the applicable regulations and policies. The project’s compliance with each of
the above regulations is discussed in detail in the sections below.
CT 04-16PUD 04-14- VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
February 16,2005
A. General Plan
The General Plan designation for the project site is Residential Low-Medium Density (RLM).
The RLM designation allows single-family residential development at a range of 0-4 dwelling
units per acre. The RLM range has a Growth Management Control Point of 3.2 dwelling units
per acre. The density that is proposed for Neighborhood 1.6 is 2.5 dwelling units per acre. The
VLCMP limits the maximum number of dwelling units for each neighborhood. The
Neighborhood 1.6 dwelling unit maximum of 92 units is not being exceeded.
The VLCMP was found to comply with all 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.
ELEMENT
Land Use
Housing
Open Space &
Conservation
Noise
TABLE 2 - GENERAL
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
Site is designated for RLM at
0-4 ddac;
maximum 92 dwelling units
Provision of affordable
housing
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
PLAN COMPLIANCE
PROPOSED USES &
IMPROVEMENTS
Single-family lots at 2.5 ddac;
91 dwelling units
The Master Plan includes two
affordable sites, one of which
has received SDP approval and
construction is nearing
completion.
Open space preserve areas are
identified in the HCP, certified
EIR and Master Plan. These
areas are not proposed for
development.
Master Plan trails and
connections to the adjacent
neighborhoods identified in the
plan are included.
A project specific noise study
for the tentative map identified
that an interior noise assessment
to determine proper
architectural treatments (i.e.,
specialized door and window
treatments) would be required
for any identified lots where the
CNEL exceeds 60 dE3A at the
second stow.
COMPLY
Yes
Yes
Yes
Yes
Yes
a9
CT 04-16/PUD 04-14- VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
February 16,2005
ELEMENT USE, CLASSIFICATION, PROPOSED USES &
GOAL, OBJECTIVE OR IMPROVEMENTS
PROGRAM
Reduce fire hazards to an
acceptable level.
construct roadway
Public Safety
Circulation Require new development to The project will cbnstruct
The project includes measures
such as fire suppression zones.
public streets needed to serve
COMPLY
Yes
Yes
improvements needed to
serve proposed development.
B. Villages of La Costa Master Plan
the development.
The project is within The Greens area of the VLCMP. The Master Plan maps and text define the
allowable type and intensity of land uses in each village and provides detailed development and
design standards, development phasing and timing, and the method by which the Master Plan
will be implemented.
STANDARD
Street Standard
An overall goal of the Master Plan is to create a balanced, open space oriented residential
community. The development standards contained in the Master Plan support this goal by
describing the design elements that are shared by all neighborhoods within the three Master Plan
Villages. The following table shows compliance of the proposed project with the Site Planning
Design standards and guidelines, contained in the Master Plan.
REQUIRED PROPOSED
4 ?4 ft. landscaped parkways 4 % to 7 ?4 ft. wide landscaped
Compliance with the development and design standards of the Master Plan applicable to
dwelling units will be assessed at a later date through a PUD Amendment. The project complies
with the following requirements of the Master Plan as demonstrated in Table 3 below.
Trail System
Village Landscape Concept
TABLE 3 - VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS
~~ between the curb and sidewalk
City wide and Master Plan trails
as shown in the La Costa Greens
Trail and Recreation Plan
(Exhibit 5 -5) Alicante Road.
Compliance with the landscape
parbays between the curb
and sidewalk.
Required trails are shown on
the approved master tentative
map on the west side of
The Conceptual Landscape
& Palette
Signs
theme tree and plant varieties Plans have been found to
location with Section 4.9.2 of
the Master Plan.
30
CT 04-16PUD 04-14- VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
February 16,2005
STANDARD
Affordable Housing
TABLE 3 - VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS
REQUIRED PROPOSED
15% of the total number of units
in the Master Plan are to be
This requirement is being
satisfied through the
Village Theme Walls
affordable
Required along arterial streets
and major collectors
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 I conceptual landscape plans.
C. Planned Development Regulations
The VLCMP contains development standards for a variety of lot sizes and product types.
Generally, lots with a minimum lot size of 7,500 square feet or greater are not required to
comply with the Planned Development standards. However, Neighborhood 1.6 has lots that are
a minimum 6,000 square feet in size and therefore requires approval of a Planned Unit
Development Permit. Certain Master Plan standards differ from those adopted in Municipal
Code Chapter 21.45 (the Planned Development Ordinance). The Master Plan provides that the
Planned Development Ordinance shall be used unless otherwise modified in the Master Plan.
The VLCMP required a recreation lot to fulfill the recreation requirements of Neighborhoods 1.6
and 1.7. Initially the recreation lot was to be provided as part of Neighborhood 1.7. However,
the purchase of an elementary school site by the Carlsbad Unified School District will now
greatly reduce the overall size and scope of Neighborhood 1.7. Therefore, a combined recreation
facility can be better provided for in Neighborhood 1.6. The result will be the development of a
recreation lot in Neighborhood 1.6, to meet the combined recreation requirement for
Neighborhoods 1.6 and 1.7.
No dwelling units are proposed with this tentative map. Therefore, compliance with the Planned
Development and Master Plan regulations will be limited to those that are applicable only to the
subdivision of the property. Table 4 demonstrates the project’s compliance with the required
standards.
31
CT 04-16PUD 04-14- VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
February 16,2005
Page 6
TABLE 4 - PLANNED DEVELOPMENT REGULATIONS/
MASTER PLAN REQUIREMENTS
STANDARD
Visitor Parking
Recreational
Vehicle Storage
Shared Recreation
Area
Minimum Lot Size
Minimum Lot
Width
NEIGHBOREIOOD 1
PERMITTED/REQUIRED
25 spaces required
(5 sp/lO du + 1 sp/4 du)
20 sq. ft./du
16,200 sq. ft.
(100 sq. ft./unit)
6.000 sa. Et.
50 ft.
PROPOSED
Adequate parking is provided on
the internal local streets as
permitted by the Master Plan.
A common Master Plan facility to
be provided in Neighborhood 1.2
prior to occupancy of any
Neighborhood 1.6 residences.
17,000 sq. ft. provided to meet the
requirements of Neighborhoods 1.6
and 1.7.
2 6,000 sq. Et. min.
2 50 Et.
D. Subdivision Ordinance
The Engineering Department has reviewed the proposed project and has concluded that the
subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s
Subdivision Ordinance. All major subdivision design criteria have been complied with including
the minimum lot depth of 90 feet, provision of public access, required street frontage, minimum
lot area, and the design of the project so that individual residential lots do not have street
frontage or access to circulation element roads.
The project is consistent with and satisfies all requirements of the General Plan, the VLCMP and
Title 21. The minimum required lot size for Neighborhood 1.6 is 6,000 square feet. Each of the
proposed residential lots meets the applicable minimum lot area and lot width required by the
Master Plan.
The developer will be required to offer various dedications (e.g., drainage easements, street
right-of-way) and install street lights and utility improvements, including but not limited to
curbs, gutters, sidewalks, landscaping, street trees, sewer facilities, drainage facilities, fire
+ hydrants, and street lights.
E. Growth Management
The subdivision is located within Local Facilities Management Zone 10 in the southeast quadrant
of the City. The impacts on public facilities created by the subdivision, and its compliance with
the adopted performance standards, are summarized in Table 5 below.
CT 04-16PUD 04-14- VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
February 16,2005
STANDARD IMPACTS
City Administration 316.38 sq. A.
Library 168.74 sq. A.
Waste Water Treatment 91 EDU
Parks 0.63 acres
Drainage Basin D
COMPLIANCE
Yes
Yes
Yes
Yes
Yes
Circulation
Fire
910 ADT Yes
Station No. 2 & 5 Yes
Upon approval of MP 98-01@), the -maximum residential unit allowance in Village 1.6 will be
91 dwelling units. The proposal for Neighborhood 1.6 will then be 1 unit below the allowance of
the VLCMP.
Open Space
Schools
Sewer Collection System
Water
Pursuant to Section 2.5.2 of the VLCMP, the remaining units may be allocated to a future
neighborhood within the Greens.
Provided pursuant to the HCP
Carlsbad Unified Elementary - 21.3 students
Middle School - 10.65 students
High School - 13.12 students
91 EDU Yes
20.020 GPD Yes
Yes
Yes
V. ENVIRONMENTAL REVIEW
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). Staff prepared an initial study or the project and concluded that no potentially significant impacts would result with the implementation of the project that was not previously
examined and evaluated in the Final Program Environmental Impact Report for the Villages of
La Costa Master Plan MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the
potential environmental effects of the development and operation of the “Villages of La Costa
Master Plan” and associated actions inclusive of the proposed planning area project reviewed
here.
The City Council certified EIR 98-07 on October 23,2001. At that time CEQA Findings of Fact,
a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program
were approved. All mitigation measures contained in the adopted Mitigation Monitoring and
Reporting Program from EIR 98-07 applicable to the proposed Planning Area 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 studies were provided
and the plans have incorporated noise walls where appropriate. The EIR 98-07 “Findings of Fact
and Statement of Overriding Considerations” applies to all subsequent projects covered by the
Villages of La Costa Master Plan Final Program EIR.
33
CT 04-16PUD 04-14- VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
February 16,2005
The proposed activities would have no effects beyond those analyzed in the program EIR, as
they are a part of the program analyzed earlier. The total number of Master Plan units evaluated
in EIR 98-07 will not be increased. This project is within the scope of Final Program ER 98-07
and no further CEQA compliance is required. EIR 98-07 and the respective initial studies for
each application are available at the Planning Department.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Planning Commission Resolution No. 5840 (CT 04-16)
Planning Commission Resolution No. 5841 (PUD 04-14)
Location Map
Background Data Sheet
Local Facilities Impacts Assessment Form
Disclosure Statement
La Costa Greens Development Plan
Building Envelope Exhibit - Lot 66
Reduced Exhibits
Full Size Exhibits “A” - “M’ dated February 16, 2005 (CT 04-16PUD 04-14)
BACKGROUND DATA SHEET
CASE NO: CT 04- 16PUD 04- 14
CASE NAME: VILLAGES OF LA COSTA - GREENS NEIGHBORHOOD 1.6
APPLICANT: MORROW DEVELOPMENT
REQUEST AND LOCATION: Request for a determination that the proiect 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 CEOA; and a recommendation of approval
of a Tentative Tract Map and Planned Unit Development Permit to subdivide 36 acres into 91
residential lots, 1 recreation lot, and 6 open space lots for Neighborhood 1.6, located to the north
of Poinsettia Lane, and east of Alicante Road in Local Facilities Management Zone 10.
LEGAL DESCRIPTION: Being a subdivision of Lots 6 of Carlsbad Tract No. 99-03 Villages
of La Costa - La Costa Greens, in the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 14543, filed in the office of the County Recorder of San Dieno
County February 12,2003.
APN: 213-1 10-05 Acres: 36 Proposed No. of Lots/Units: 98 Lots/91 Units
GENERAL PLAN AND ZONING
Land Use Designation: RLM
Density Allowed: 0-4 ddac
Existing Zone: P-C (R-1 per VLCMP)
Surrounding Zoning, General Plan and Land Use:
Density Proposed: 2.5 ddac
Proposed Zone: N/A
Zoning General Plan Current Land Use
Site P-C (R-1 per VLCMP) RLM Vacant
North P-C (R-1 per Bressi Ranch) RLM Developing SFR
South P-C (OS per VLCMP) os Vacant
East P-C (RDM per VLCMP) RLM Developing SFR
West P-C (OS per VLCMP) os Vacant
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 91
ENVIRONMENTAL IMPACT ASSESSMENT
Certified Environmental Impact Report, dated October 23,2001 (EIR 98-07)
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: CT 04-16PUD 04-14
LOCAL FACILITY MANAGEMENT ZONE: 10 GENERAL PLAN: RLM
DEVELOPER’S NAME: Morrow Development
ADDRESS: 1903 Wright Place Suite 180 Carlsbad CA 92008
ZONING: R-1
PHONE NO.: 760-929-2701 ASSESSOR’S PARCEL NO.: 213-1 10-05
QUANTITY OF LAND USEDEVELOPMENT : 36 acres
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities:
Library:
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Demand in Square Footage =
Demand in Square Footage =
Identify Drainage Basin =
Circulation: Demand in ADT =
Fire:
Open Space: Acreage Provided =
Schools: Elementary
Served by Fire Station No. =
Middle
High
Sewer: Demands in EDU
Water: Demand in GPD =
316.38
168.74
91
0.63
242.3 CFS
910
2and5
0.11
2 1.3 students
10.65 students
13.12 students
91
20,020
The project is 1 unit below the Dwelling Unit allowance of the Villages of La Costa
Master Plan.
36
City of
-
DISCLOSURE STATEMENT
statement or disclosure of certain ownership interests on all applications which will requir
action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fiaternal
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 ~artnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
APPLICABLE (I?/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 Corp/part Morrow Development
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Title Title
Address Address 1903 Wright Place, Suite 180
Carlsbad. CA 92008
2. OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
cornoration or Dartnership, 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 @/A) IN THE SPACE BELOW. If a publiclv-
owned coruoration, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Corp/Part Real Estate Collateral Management
Comuanv
Title Title
Address Address 1903 Wright Place, Suite 180
Carlsbad, CA 92008
1635 Faraday Dr. * Carlsbad, CA 92009-1 576 (760) 602-4600 = FAX (760) 602-8559 www,ci.carlsbad.ca.us
37
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 Profiflrust Non ProfiVTrust
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 Eyes, please indicate person(s):
NOTE: Attach additional sheets if necessary
the above information is true and corre owledge.
- I f 1/11
Lent for RECM; Fred M. Arbuckle
President of Morrow Development fin4 or type name of owner
Fred M. Arbuckle
President of Morrow Development
Print or type name of applicant
/
print or type name ofowner/applicant’s agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
38
1.3 -
$
TOWN HOMfU SYAU Un
"# t
i
CUlUM .*
$# PotenQal School Location
- l.E OrEY SPACE
NOTE THE AVERAGE LOT SIZE IS LARGER IN EACH NEIGHBORHOOD
THAN THE MINIMUM LOT SIZES SHOWN ABOVE
LA COSTA GREENS
NEIGHBORHOODS 1.06
BUILDING ENVELOPE EXHIBIT - LOT 66
TYPICAL BUILDING ENVELOPE
FRONT GARAGE: 20'
SIDE LOADED GARAGE: 15'
SETBACKS
FRONT HABITABLE/
SIDE: 5'/7.5' REAR: 15'
R:\0385\&Pln\Exhibits\EXOO7 - Building Envelope Exhibs - Lot 66.dwgC 8121Jan-19-2005:06:5)
.
4a
43
:
44
N
a
45
I. s
XSnii..
fffff eeece ffjf eeee oooo~uuu 0 0 aopoo 0 iIinii"ii
a z 111 8 111 -1
8 z c z
R 4
-
II -111
*i t
49
xx 13
As
I
50
xx 13
f
53
Planning Commission Minutes February 16,2005 AFT page3 EXHIBIT 5
Vice Chairperson Montgomery closed the public hearing and asked Mr. Neu to introduce the next item.
4. MP 98-01(D)/CT 04-1S/PUD 04-13 - VILLAGES OF LA COSTA - GREENS
NEIGHBORHOODS 1.4 & 1.7 - Request for a determination that the project is within the
scope of the previously certified Villages of La Costa Program EIR and that the Program
EIR adequately describes the activity for the purposes of CEQA; and 1) approval of a
Minor Master Plan Amendment to locate an elementary school site on a portion of
Neighborhood 1.7 and designate the area as School Area 1.4; relocate a shared
recreation facility lot for Neighborhoods 1.6 and 1.7 from Neighborhood 1.7 to
Neighborhood 1.6; and modify text and graphics in the Villages of La Costa Master Plan
to reflect these actions; and 2) a recommendation for approval of a Tentative Tract Map
and Planned Unit Development for 71 residential lots and 8 open space lots for
Neighborhood 1.7, and 1 school lot for School Area 1.4. The project sites are located
east of Alicante Road and north of Poinsettia Lane in Local Facilities Management Zone
10.
5. CT 04-16/PUD 04-14 - VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6 -
Request for a determination that the project is within the scope of the previously certified
Villages of La Costa Program EIR and that the Program EIR adequately describes the
activity for the purposes of CEQA; and a recommendation of approval of a Tentative
Tract Map and Planned Unit Development Permit to subdivide 36 acres into 91
residential lots, 1 recreation lot, and 6 open space lots for Neighborhood 1.6, located to
the north of Poinsettia Lane and east of Alicante Road in Local Facilities Management
Zone 10.
Mr. Neu introduced Items 4 and 5 and stated Senior Planner Christer Westman would make the staff
presentation.
Vice Chairperson Montgomery opened the Public Hearing on Items 4 and 5.
Mr. Westman stated that agenda Item 4 [MP 98-01(D)/CT 04-151PUD 04-13 - Villages of La Costa -
Greens Neighborhoods 1.4 and 1.71 is located at Poinsettia Lane and Alicante Road. The project was
analyzed based against the General Plan, the Villages of La Costa Master Plan, Planned Development
Regulations, and the Zoning Ordinance, the Subdivision Ordinance, the Growth Management Plan as
well as CEQA. The Master Plan Amendment is to locate the school site, which is Neighborhood 1.4, and
to adjust the maximum dwellings for Neighborhood 1.7 which is because several of the home sites are
replaced by the school site. The Master Plan Amendment also shifts the location of a common recreation
lot, which was required for both Neighborhoods 1.6 and 1.7, originally required to be in Neighborhood 1.7
and is now shifted to Neighborhood 1.6. Several adjustments to exhibits have been made to reflect the
above-mentioned changes. Planning Area 1.4 and 1.7 is a 41.4-acre site. The residential lots permitted
in the original Master Plan is 127; however, with the adjustments to the Master Plan, 85 is the maximum
number of residential units allowed. Proposed with the map are 71 residential lots, 7 open space lots,
and 1 school lot. The minimum lot size is 5,000 square feet and the minimum lot width is 50 feet.
Mr. Westman stated that agenda Item 5 (CT 04-16/PUD 04-14 - Villages of La Costa Greens
Neighborhood 1.6) is a request for approval of a Tentative Tract Map and Planned Unit Development for
Neighborhood 1.6 in the Villages of La Costa Greens to subdivide 36 acres into 91 residential lots, 1
recreation lot, and 6 open space lots. The project site is located to the north of Poinsettia Lane and east
of Alicante Road. Architectural and dwelling unit plot plans are not proposed at this time. The Planned
Unit Development proposes private streets and a minimum lot size of 6,000 square feet. The project
complies with City standards and all necessary findings can be made for the approvals being requested.
Mr. Westman concluded his presentation for agenda Items 4 and 5 and stated he would be available to
answer any questions.
Vice Chairperson Montgomery asked if there were any further questions of staff. Seeing none, he asked
if the applicant wished to make a presentation.
Planning Commission Minutes February 16,2005 Page 4
Fred Arbuckle, President of Morrow Development located on Palomar Oaks Road in Carlsbad, gave a
brief presentation. He stated that Morrow Development and the Carlsbad Unified School District reached
an agreement regarding the conveyance of the site.
Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, gave a joint detailed presentation of both
agenda Items 4 and 5.
Vice Chairperson Montgomery asked if there were any questions of the applicant.
Commissioner Dominguez asked Mr. Henthorn what kinds of activities, or the level of activity, will occur at
the recreation lot. Mr. Henthorn stated the lot will primarily be a grass area with possibly some facilities
for quasi-passive use of the area. He stated it will be a more passive area instead of active area.
Mr. Dominguez stated that because of the distances between the recreation areas, there might be the
potential for parking problems. Mr. Henthorn stated it had been determined that there is adequate
parking on the street. Mr. Dominguez stated he was satisfied.
Commissioner Whitton commented that he read there would be 85 units in Neighborhood 1.7, but it was
stated there will be 71 units. Mr. Westman clarified that the Master Plan states the maximum number of
units allowed is 85; however, the applicant is proposing 71 units.
Vice Chairperson Montgomery asked if the charitable donation of land to the Carlsbad Unified School
District for the school site was arranged by a reduction in price to accommodate the fiscal needs of the
school district. Mr. Arbuckle stated that, legally speaking, there is a complete purchase price, which has
two components: one portion is cash and the other is a charitable contribution.
Commissioner Cardosa asked Mr. Arbuckle if the school district is pleased with the size of the proposed
school site and if it will be adequate for the future growth of the area. Mr. Arbuckle stated that they have
been meeting with the school district for some time on how to site plan their facilities as well as circulation
patterns on entering and egressing this particular site. Mr. Arbuckle further stated that an extra stop light
on Poinsettia Lane has been added to accommodate the traffic. He believes the school district is
satisfied with the site.
Robert Todd, Director of Construction and Planning for the Carlsbad Unified School District, 6225 El
Camino Real, stated the district is very pleased and very excited with the site.
Commissioner Cardosa asked if there is an anticipated number of students for this facility. Mr. Todd
stated that the school is currently designed with three classroom pods of six rooms each plus three
kindergarten classrooms, which will give an opening occupancy of about 600 students. The site is also
designed and is being permitted for additional classroom pods to allow for future growth, which would
increase the capacity up to approximately 750 students. It is also a function of how the district staffs a
classroom, due to class size reduction, which reduces the number of students per class in grades
kindergarten through third grade.
Vice Chairperson Montgomery asked if there would be a reapportionment between this new school,
Pacific Rim, and Aviara Oaks when the new school opens. Mr. Todd stated that most of the relief will
come from Aviara Oaks Elementary. There might be some students transferred from Pacific Rim. About
80 percent of the target enrollment for the new school will come from the Villages of La Costa Greens and
Bressi Ranch developments, as well as some other new housing just west of El Camino Real, but the
primary relief will come from Aviara Oaks Elementary.
Vice Chairperson Montgomery asked if there were any further questions of the applicant or if there were
any members of the audience who wished to speak on the items. Seeing none, he opened and closed
public testimony on the items.
Vice Chairperson Montgomery asked if there were any further questions of staff.
Vice Chairperson Montgomery asked Bob Johnson, Deputy City Engineer - Transportation, that because the traffic circulation into the school site appears to travel along Poinsettia Lane to Street “A” then enters
the site, and then exits at the Quartz Street intersection then out in a one-way direction, he stated his
concern about the stacking that might occur on Street “A.” Vice Chairperson Montgomery asked if that is
Planning Commission Minutes February 16,2005 Page 5
sufficient or if accommodations can be made for that intersection into the actual school site, possibly
moving it farther north on Street “A.” Mr. Johnson stated that moving the entrance into the school farther
north on Street “A” would be problematic in that there is a horizontal curve on the road there. He stated
he is concerned with sight distance. He further stated that grading is another issue which factors into it as
well as the landscaping of the school site. Mr. Johnson stated a lot of the problems which occur at the
school entrance, or the ingress point, is a function of how the circulation on site is laid out. He stated that
at this particular school there is a long travel way for drop-off, there appears to be adequate parking
areas, and staff believes the traffic flow into the school site and through the actual school grounds to the
exit point will be much better than what exists at most of the other schools in Carlsbad. He further stated
that this site is designed similar to Pacific Rim Elementary School, which seems to function fairly well. Mr.
Johnson stated staff does not anticipate too many problems with the layout of this site. It is located on
Poinsettia Lane, which is a major arterial, which means there will be no on-street parking for the school.
If there is an overflow condition of parking, it will have to occur on the residential streets surrounding the
school. He stated that with the parking that is provided onsite, that will accommodate most of that
demand. Mr. Johnson further stated that the Carlsbad Unified School District is very well aware of the
concerns from the various City departments about school layouts. Vice Chairperson commented that he
appreciates the remarks because this is the only time the Planning Commission can consider these
concerns. Mr. Johnson commented that Mr. Arbuckle mentioned that there will be an additional traffic
signal provided which was a concern of staff that it would not be provided. However, those concerns
have been addressed and staff is satisfied with the arrangement.
Vice Chairperson Montgomery asked if there were any further questions of staff.
MOTION
ACTION : Motion by Commissioner Heineman, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 5837 approving Minor
Master Plan Amendment MP 98-01 (D), and adopt Planning Commission
Resolutions No. 5838 and 5839 recommending approval of Tentative Tract Map
CT 04-1 5 and Planned Unit Development PUD 04-1 3 based on the findings and
subject to the conditions contained therein, and that the Planning Commission
adopt Planning Commission Resolutions No. 5840 and 5841 recommending
approval of a Tentative Tract Map (CT 04-16), and Planned Unit Development
Permit (PUD 04-14) based on the findings and subject to the conditions
contained therein.
DISCUSSION
Commissioner Whitton stated he had no comments.
Commissioner Dominguez stated he feels the proposed improvements work to the benefit of the
properties. He commented he is pleased that the developer was able to accommodate the needs of the
school district, which is always important, and that the traffic problems, will be mitigated with adequate
internal circulation.
Commissioner Cardosa also appreciates the fact that Traffic Commission has looked at this project with
an open eye. He stated that the schools within the City of Carlsbad are greatly impacted for drop-off and
pick-up and it is an important issue for this development and the number of students the school will
handle. He further stated he supports the project.
Commissioner Heineman stated he supports the project. He stated he is particularly impressed looking at
the entire La Costa Greens layout to see the amount of open space and its placement throughout the
project. He stated he is very much in favor of the project.
Vice Chairperson Montgomery stated he is also in favor of the project. He commented that he likes the
idea of the recreation area in Neighborhood 1.6 being directly adjacent to Neighborhood 1.7, which will
actually work very nicely between both communities. He further stated that these communities benefit not
only from both the school site but the huge public park which will also be built nearby.
Planning Commission Minutes February 16,2005 Page 6
Mr. Westman clarified that the Traffic Commission has not reviewed the project; however, the traffic
engineer, Bob Johnson, and his staff have reviewed the school design and made comments on that.
VOTE: 5-0
AYES: Vice Chairperson Montgomery, Commissioners Cardosa, Dominguez,
NOES: None
Heineman, and Whitton
Vice Chairperson Montgomery closed the public hearing on Items 4 and 5 and thanked staff for their
presentation.
57
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, March 15, 2005, to
consider a request for a determination that the project is within the scope of the previously
certified Villages of La Costa Program EIR and that the Program EIR adequately describes the
activity for the purposes of CEQA; and approval of a Tentative Tract Map and Planned Unit
Development Permit to subdivide 36 acres into 91 residential lots, 1 recreation lot, and 6 open
space lots for Neighborhood 1.6, located to the north of Poinsettia Lane, and east of Alicante
Road in Local Facilities Management Zone 10 and more particularly described as:
Being a subdivision of Lots 6 of Carlsbad Tract No. 99-03, Village
of La Costa Greens - La Costa Greens in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 14543, filed in the office of the County Recorder of
San Diego County February 12, 2003.
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 March 11, 2005. If you have
any questions, please call Jessica Galloway in the Planning Department at (760) 602-4631.
The time within which you may judicially challenge the Tentative Tract Map and/or Planned Unit
Development Permit, if approved, is established by State law and/or city ordinance, and is very
short. If you challenge the Tentative Tract Map and/or Planned Unit Development Permit in
court, you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad,
Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASE FILE: CT 04-16/PUD 04-14
CASE NAME: VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
PUBLISH: March 5, 2005
CITY OF CARLSBAD
CITY COUNCIL
VLC GREENS NEIGHBORHOOD 1.6
CT 04-I6/PUD 04-14
From: Isabelle Paulsen
To: legals@nctimes.com
Date: 02/28/2005 4:34:06 PM
Subject: Public Hearing Notice:
Jane:
Attached is the public hearing and map for Villages of La Costa - Greens Neighborhood 1.6.
Please place this ad in the Friday, March 4, 2005 newspaper.
This will be a simple legal ad with City seal and border
Thank you.
Isabelle Paulsen, CMC
Deputy Clerk
City of Carlsbad City ClerWRecords Management
ipaul@ci.carlsbad.ca.us
cc: Jessica Galloway; Val Dinsmore
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, March 15, 2005, to
consider a request for a determination that the project is within the scope of the previously
certified Villages of La Costa Program EIR and that the Program EIR adequately describes the
activity for the purposes of CEQA; and approval of a Tentative Tract Map and Planned Unit
Development Permit to subdivide 36 acres into 91 residential lots, 1 recreation lot, and 6 open
space lots for Neighborhood 1.6, located to the north of Poinsettia Lane, and east of Alicante
Road in Local Facilities Management Zone 10 and more particularly described as:
Being a subdivision of Lots 6 of Carlsbad Tract No. 99-03, Village
of La Costa Greens - La Costa Greens in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 14543, filed in the office of the County Recorder of
San Diego County February 12, 2003.
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 March 11, 2005. If you have
any questions, please call Jessica Galloway in the Planning Department at (760) 602-4631.
The time within which you may judicially challenge the Tentative Tract Map and/or Planned Unit
Development Permit, if approved, is established by State law and/or city ordinance, and is very
short. If you challenge the Tentative Tract Map and/or Planned Unit Development Permit in
court, you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad,
Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASE FILE: CT 04-1 6/PUD 04-14
CASE NAME: VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.6
PUBLISH: March 4, 2005
CITY OF CARLSBAD
CITY COUNCIL
/SITE
VLC GREENS NEIGHBORHOOD 1.6
CT 04-16/PUD 04-14
THE PUBLIC IIIEARING
NOTICES FOR THE
VILLAGES OFLA
COSTA - GREENS
NEIGI-IBORI-IOOD 1.6
WERE INCLUDED
WITH THE GREENS
NEIGI-IBORIIIOODS 1.4
VAL DINSMORE
AND 1.7 PER
PROOF OF PUBLICATION
(2010 4% 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:
March 04fh ,2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This 04* Day of March, 2005
&Q!! - Signature
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Bdn a subdivision of 9 6 of Cawci No. 99-
Die o State o alifomla acc in b map'XvPreof%o. 16513, hied In e dRce bl hwly Recorderd San Diego County
03 $ill- of Co&yymd-p Greens i d City, of Ca sbad I Is etmlw 12,2009. I
Jane Olson
NORTH COUNTY TIMES
Legal Advertising
Villages of La Costa –Greens Neighborhood 1.6Villages of La Costa –Greens Neighborhood 1.6CT 04-16/PUD 04-14
Location MapLocation MapEL CAMINO REALPOINSETTIALNALICANTE R D
CAMINOVIDAROBLESITE
POINSETTIA LN
AnalysisAnalysis•General Plan: Residential Low-Density (RLM)•Villages of La Costa Master Plan (MP 98-01)•Planned Development Regulations (21.45 CMC)•Subdivision Ordinance•Growth management•CEQA –The City Council certified EIR98-07 on October 23, 2001
Project DescriptionProject Description•36 acre site•Residential lots permitted –96 –Proposed•91Residential•7 Open Space•1 Recreation Lot•Minimum lot size 6,000 sq. ft.•Minimum lot width 50’
Recommended ActionsRecommended Actions•Recommend approval to the City Council of:–CT 04-16, and–PUD 04-14