HomeMy WebLinkAbout2005-04-05; City Council; 18059; Villages of La Costa Oaks Neighborhood 3.6- TITLE:
VILLAGES OF LA COSTA OAKS
NEIGHBORHOOD 3.6 AFFORDABLE SITE
SDP 04-13/HDP 04-10
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DEPT. HD.
CITY ATTY.
CITY MG*
18,059
MTG. 4/5/05
DEPT. PLN
Project Applications
RECOMMENDED ACTION:
Administrative Reviewed by and To be reviewed -
Approvals Final at Planning Final at Council
That the City Council ADOPT Resolution No. 2005-100 , APPROVING Site Development
Plan SDP 04-13 and Hillside Development Permit HDP 04-10 for Villages of La Costa Oaks
Neighborhood 3.6 Affordable Site as recommended for adoption and approval by the Planning
Commission.
SDP 04-13
HDP 04-10
ITEM EXPLANATION:
Commission
X
X
On March 2, 2005, the Planning Commission conducted a public hearing for a 168-unit apartment
project. Villages of La Costa Oaks Neighborhood 3.6 Affordable Site (SDP 04-13lHDP 04-10)
requires approval by the City Council since the project proposes more than 50 units. The apartments
are proposed to satisfy a portion of the Villages of La Costa inclusionary housing requirements. The
Villages of La Costa Master Plan specifically identified Neighborhood 3.6 for development as an
affordable multi-family residential site.
The Villages of La Costa Oaks Neighborhood 3.6 Affordable Site consists of the development of a
previously graded 15.8-acre site with 168 “affordable” apartments. The development includes 9
three-story buildings and a 2,700 square foot community building. The project has two points of
access. The main entrance is at the south end of the site from Avenida Soledad and the secondary
point of access is from San Elijo Road at the north end of the site. The northerly access is a right-in
and right-out only driveway on San Elijo Road.
The 168 units vary in size from 798 to 1,247 square feet and are comprised of 36 one-bedroom
spartments, 60 two-bedroom apartments, and 72 three-bedroom apartments. All apartments include
sither a balcony or patio. All resident and guest parking is provided as open parking at grade. No
zarports or garages are provided. The exception is that 38 parking stalls are provided in a basement
parking garage under Building No. 5.
The Master Plan specifically identified Neighborhood 3.6 for development as a multi-family residential
woject to satisfy the lnclusionary Housing Ordinance.
The Planning Commission discussed the merits of the Site Development Plan and Hillside
Development Permit applications, and voted 6-0-0 (Commissioner Whitton Absent) to recommend
3pproval of the project to the City Council.
4 full disclosure of the Planning Commission’s discussion of Villages of La Costa Neighborhood 3.6
and a complete description and staff analysis of the project is included in the attached minutes and
jtaff report to the Planning Commission.
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PAGE 2 OF AGENDA BILL NO. 18,059
ENVIRONMENTAL:
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). Staff prepared an initial study for the project and concluded that no potentially significant
impacts would result with the implementation of the project that were not previously examined and
evaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master
Plan MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential
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-
1A required an acoustical analysis for certain areas of the Master Plan to identify all necessary noise
control requirements on project plans necessary to meet the City of Carlsbad interior and exterior
noise levels. The required study was provided and the 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. 2005-100 2. Location Map
3.
4.
5.
Planning Commission Resolutions No. 5844 and 5845
Planning Commission Staff Report, dated March 2, 2005
Draft Excerpts of Planning Commission Minutes, dated March 2, 2005.
DEPARTMENT CONTACT: Christer Westman, (760) 602-461 4, cwest@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN AND HILLSIDE DEVELOPMENT PERMIT
FOR VILLAGES OF LA COSTA OAKS NEIGHBORHOOD 3.6 TO
AFFORDABLE APARTMENTS IN NINE INDIVIDUAL BUILDINGS
ON A 15.8 ACRE SITE ON PROPERTY GENERALLY LOCATED
AT THE SOUTHEAST CORNER OF RANCHO SANTA FE ROAD
AND SAN ELIJO ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 11.
CASENAME: VILLAGES OF LA COSTA OAKS
DEVELOP 168 ONE-, TWO-, AND THREE-BEDROOM
NEIGHBORHOOD 3.6 AFFORDABLE SITE
CASE NO.: SDP 04-1 3/HDP 04-10
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 March 2, 2005, hold a duly noticed public hearing as prescribed by law to
consider a Site Development Plan and Hillside Development Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the 5th day of
APRIL , 2005, held a duly noticed public hearing to consider the Site
Development Plan and Hillside Development Permit, and at the time received
recommendations, objections, protests, comments of all persons interested in or opposed to
SDP 04-13 and HDP 04-10; 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
Site Development Plan SDP 04-13 and Hillside Development Permit HDP 04-1 0, is approved by
the City Council and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No. 5844 and 5845, 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 5th day of APRIL , 2005, by the
following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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EXHIBIT 2
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VLC - OAKS NEIGHBORHOOD 3.6
SDP 04-131HDP 04-10
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5844
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 04-13 TO
DEVELOP 168 ONE-, TWO- AND THREE-BEDROOM
AFFORDABLE APARTMENTS IN NINE INDIVIDUAL
BUILDINGS ON A 15.8 ACRE SITE GENERALLY LOCATED
AT THE SOUTH EAST CORNER OF RANCHO SANTA FE
ROAD AND SAN ELIJO ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 1 1.
CASENAME: VILLAGES OF LA COSTA - OAKS
NEIGHBORHOOD 3.6 AFFORDABLE SITE
CASE NO.: SDP 04-1 3
WHEREAS, CIC La Costa L.P., “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
La Costa Oaks North, being a subdivision of portions of parcel
map 10179, filed in the office of the County Recorder of San
Diego County June 17,1980 as file No. 80-204502, and Sections
29,30 and 32 Township 12 South Range 3 West, all in the City
of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “Y” dated March 2,2005, on file in the Planning Department,
VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6 AFFORDABLE SITE - SDP
04-13 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of March, 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 all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA
- OAKS NEIGHBORHOOD 3.6 AFFORDABLE SITE - SDP 04-13 based
on the following findings and subject to the following conditions:
-
FindinPs:
1.
2.
3.
4.
5.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed 168 unit affordable housing project is
consistent with the land use designation and density allowed by the Villages of La
Costa Master Plan and will help to meet the housing needs of the community. The
project is consistent with all City policies and development standards and the
requirements of the Villages of La Costa Master Plan. The City Council approved
the Master Plan, and in doing so, made the finding that the Master Plan implements
the General Plan and is consistent with the goals, policies and objectives of the
General Plan.
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That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards including the RD-M
Zone and the standards and design criteria established by the Villages of La Costa
Master Plan.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is consistent with the design criteria of the
Villages of La Costa Master Plan in that all setbacks have been provided, a 50'
landscape buffer is provided along Rancho Santa Fe Road, landscaping has been
integrated throughout the site, communityhoise walls are being provided and
community recreation facilities are integrated into the plan.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the public streets will be improved to full width
with curbs, gutters, sidewalks, and that the proposed streets have been
demonstrated to be adequate to accommodate the traffic generated by this project
through the approval of the Villages of La Costa Master Plan.
That the project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance as the Developer has been conditioned to enter into
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an Affordable Housing Agreement to provide and deed restrict 168 dwelling units as
affordable to lower-income households for 55 years.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof from the San Marcos Unified
School District that the project has satisfied its obligation for school facilities.
B. 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.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. The Planning Director has determined that:
a.
b.
C.
d.
e.
f.
the project is a subsequent activity of the Villages of La Costa Master. Plan for
which a program EIR was prepared, and a notice for the activity has been given,
which includes statements that this activity is within the scope of the program
approved earlier, and that the program ER adequately describes the activity for
the purposes of CEQA); [ 15 168( c)(2) and (e)]; and
this project is consistent with the Master Plan cited above; and
the Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior project or plan; and
the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist; and
all feasible mitigation measures or project alternatives identified in the Villages of
La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
9. 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.
8 PC RES0 NO. 5844 -3-
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Conditions:
Note:
1.
2.
3.
4.
5.
6.
Unless otherwise specified herein, all conditi
grading permit.
s shall be satisfied prior to issuance of a
If any of the following conditions fail to occur; or if they.are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
hture building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; 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 Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan SDP 04-13 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.
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 Site Development Plan SDP
04-13, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator ’ s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Department a reproducible 24” x 36” mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director fiom the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9. The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010, including, but not limited to the following:
A.
B.
C.
Architectural design features needed to achieve the interior noise standard of
45 dBA CNEL shall be included on the building plans. A statement
certifying that the required architectural design features have been
incorporated into the building plans, signed by the acoustical
analyst/acoustician shall be located on the building plans. The architect shall
also include his registration stamp in addition to the required signature. All
noise level reduction architectural components shall be shown on the
architectural building plans, and shall be approved.
Paint types shall be indicated on the building plans and shall be reviewed
and approved by the Building Department. When available as a viable
option, water based paints shall be utilized rather than conventional solvent
based solutions and powder coatings (where applicable) and zero-emission
paints shall be used.
In conjunction with the rental or lease of a residence, all prospective tenants
shall be notified in writing that they shall:
1) Establish or work with established disposal programs for the removal
and proper disposal of toxic and hazardous waste products.
2) Not discharge or cause to be discharged any toxic chemicals or
hydrocarbon compounds, such as gasoline, motor oil, anti-freeze,
solvents, paints, paint thinners, wood preservatives, and other such
fluids, into any public or private street or into any storm drain or
storm drain conveyance.
3) Use and/or dispose of all pesticides, fungicides, herbicides,
insecticides, fertilizers and other such chemical treatments in
accordance with Federal, State, County and City requirements as
prescribed on their respective containers.
PC RES0 NO. 5844' -5-
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10.
11.
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4) Employ BMPs to eliminate or reduce surface pollutants when
planning any changes to the landscaping and/or surface
improvements.
D. Subject to the terms and conditions of the governing Water District, the
developer shall install dual irrigation systems for reclaimed water.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
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.
Prior to the issuance of building permits for any lots or units, the Developer shall consult
with the Housing and Redevelopment Director and if so required by the Director shall
enter into an Amended Affordable Housing Agreement with the City to provide and deed
restrict 168 dwelling units as affordable to lower-income households at 70% or lower
AMI for fifty-five (55) years, in accordance with the requirements and process set forth
in Chapter 21.85 of the Carlsbad Municipal Code. The draft Amended Affordable
Housing Agreement shall be submitted to the Planning Director no later than 60 days
prior to the request to final the map. The recorded Amended Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan, the
City’s Landscape Manual, and the Villages of La Costa Master Plan. Slopes on
Rancho Santa Fe Road and San Elijo Road shall be landscaped to screen dwelling
units and soften views of the dwelling units. 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 provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
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
PC RES0 NO. 5844 -6-
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17.
18.
19.
20.
21.
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23.
24.
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to occupancy of the first dwelling unit the Developer shall begin construction of
the common recreation areas. The recreation areas, including landscaped play
areas and recreation buildings, shall be approved for use prior to the occupancy of
50% of the total units to be constructed in this neighborhood.
Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
City of Carlsbad has issued a Site Development Plan and Hillside Development Plan
by Resolutions No. 5844 and 5845 on the property. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
of the Planning Director, notifjring all interested parties and successors in interest that the
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Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this propewmay be subject to noise impacts from Rancho Santa Fe Road, 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 issuance of building permits, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
Developer shall post aircraft noise notification signs in all 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).
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105.' Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
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the Planning Director of an Outdoor Storage Plan, and thereafter ‘comply with the
approved plan.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property. .-
Developer shall construct, install and stripe not less than the minimum required 363
parking spaces, as shown on Exhibits “C - E.”
All visitor parking spaces shall be striped a different color than the assigned
resident parking spaces and shall be clearly marked in a manner approved by the
Planning Director.
The management company shall ensure that there is no outdoor storage of
household goods, sports equipment, etc., on balconies and/or patios except for
barbeques, outdoor tables and chairs, or similar types of furniture commonly found
on balconies and/or patios.
This approval is granted subject to the approval of HDP 04-10 and is subject to all
conditions contained in Planning Commission Resolutions No. 5845 for those other
approvals incorporated herein by reference.
En Pineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed site plan, must be met prior to approval of a building or
grading permit whichever occurs first.
General
3 1. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
32. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
33. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
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34.
35.
Developer shall apply for a Substantial Conformance Determination to adjust the
proposed lot lines as shown on Carlsbad Tract No. CT 99-04. The adjusted lot lines
shall match the proposed project sound wall along Rancho Santa Fe Road as shown
on the project site plan. Lot 207 shall be merged with Lot 29.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement in the projects
CC&Rs.
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public Street-Design Criteria, Section
8.B.3. The underlying property owner 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
36. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
37. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Developer shall cause Owner to execute an Agreement to
annex the Oaks North property (Lots 201-219 of CT 99-04) 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.
Grading
38. 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 forthe start
of work has been submitted to the State Water Resources Control Board.
39. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
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40.
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Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit or
commencement of any earthwork activities onsite.
Prior to any grading occurring north of the storm drain outlet constructed with
DWG 368-2 at station 249+75, the drainage improvements as shown on City
drawing numbers 368-2B, adjacent to and within the subject project site, shall be
completed to the satisfaction of the City Engineer. Alternatively, grading to the
north of the storm drain may occur if the Developer provides a phased grading plan
and drainage study acceptable to the City Engineer.
DedicationdIrnprovements
42. Developer shall cause Owner to execute a covenant of easement for access purposes.
The easement shall be for the benefit of those properties lying east of the subject
property and west of the first intersection east of the site on San Elijo Road in the
City of San Marcos. The easement shall allow for access over Driveway “C” and
Driveway “A.” The obligation to execute and record the covenant of easement shall be
shown and recording information called out on the grading and improvement plans.
Developer shall provide City Engineer with proof of recordation prior to issuance of
building permit.
*
43.
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46.
Developer shall cause Owner to make an irrevocable offer of dedication to the City andor
other appropriate entities for all public streets and other easements shown on the site plan.
The offer shall be made by separate recorded document, to the satisfaction of the City
Engineer. All, land so offered shall be offered free and clear of all liens and
encumbrances and without cost.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Prior to commencement of any surface improvements, the storm drain
improvements as shown on City drawing number 368-2B shall be completed.
Alternatively, Developer may commence improvements if it can be demonstrated, to
the satisfaction of the City Engineer, that the existing storm drain facilities have
adequate capacity to handle additional runoff associated with said improvements.
Prior to issuance of building permits within this development, Developer shall
execute and record a Development Improvement Agreement to design and install
and post appropriate security as provided by law, the following improvements
necessary to remove the projects San Elijo Road access and relocate project access
through University Commons as shown in the Villages of La Costa Master Plan, on
the tentative map for CT 99-04, and on the project site plan:
a. Removal of a portion of the plantable retaining wall, guard rail, curb, and
other necessary improvements along the northeasterly property line.
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b. Removal of the San Elijo Road driveway and replacement curb, gutter,
sidewalk and pavement as required by the City Engineer.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 5-years
after the last building permit has been finaled within this Development.
Developer shall execute and record a Development Improvement Agreement to
design and install and post appropriate security as provided by law, public
improvements shown on the site development plan and the following improvements
including, but not limited to installation of traffic signals and ultimate intersection
striping per City Standards and constructed to the satisfaction of the City Engineer.
The improvements consist of:
a.
47.
Design and construct a new fully actuated traffic signal including all
appurtenances and traffic signal interconnect conduit and cable, at the
intersections of Rancho Santa Fe Road and Avenida Soledad. Developer
acknowledges the necessity of this signal is to serve only this project and
Developer will bear all costs associated with the design and construction of
this signal, if warrants are met. The signal shall be interconnected with
adjacent signals to facilitate signal coordination.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 5-years
after the last building permit has been finaled within this Development. The traffic
signal shall be installed only when written approval is received by the City
Engineer. \
48.
49.
Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plan-check and inspection fees.
Developer shall execute and record City standard Development Improvement Agreements
to install and secure with appropriate security as provided by law, public improvements
shown on the site plan and the following improvements including, but not limited to:
paving, base, signing, striping, sidewalks, curbs and gutters, grading, clearing and
grubbing, relocation of utilities, water, sewer, fire hydrants, street lights, reclaimed water,
retaining walls, to City Standards to the satisfaction of the City Engineer. The
improvements are:
a) Avenida Soledad
b)
c)
Frontage improvements on Rancho Santa Fe Road and San Elijo Road as
generally shown on the site plan.
Infrastructure including sewer, water, storm drains, and recycled water
necessary for development and as generally shown on the site plan.
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Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
Developer shall cause Owner to waive direct access rights by separate document and
provide proof of recordation to the satisfaction of the City Engineer prior to the issuance
of a building permit for all lots abutting Rancho Santa Fe Road, Avenida Soledad, and
San Elijo Road.
Rancho Santa Fe Road, San Elijo Road and Avenida Soledad shall be dedicated by
Owner along the project frontage in conformance with City of Carlsbad Standards.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along and within the project boundary.
Developer shall relocate or quitclaim those easements shown on sheet 6 of the Site
Development Plan as to be quitclaimed or relocated, to the satisfaction of the City
Engineer or written evidence shall be provided from the easement holder allowing
grading and/or improvements within the limits of their easement.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into starm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
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to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of ‘‘Notice of Intent” issued by the. California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
d.
56. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001 -01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
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a.
b.
C.
d.
e.
f.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
57. Prior to occupancy, Developer shall install street lights along all public and private street
frontages abutting and/or within the project site in conformance with City of Carlsbad
Standards.
58. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
project site in conformance with City of Carlsbad Standards.
59. Prior to occupancy, Developer shall install wheelchair ramps at the public street corners
abutting the project site in conformance with City of Carlsbad Standards.
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60. Developer shall have design, apply for and obtain approval of the City Engineer, for the
structural section for the access aisles with a traffic index of 5.0 in accordance with City
Standards due to truck access through the parking area and/or aisles with an ADT greater
than 500. The structural pavement design of the aisle ways shall be submitted together
with required R-value soil test information and approved by the City Engineer as part of
the building or grading plan review whichever occurs first. -
Special Conditions
61. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the site plan 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.
Water
62. 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.
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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.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
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 design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
The Developer shall meet with and obtain approval from the Vallecitos Water District
regarding sewer infrastructure available or required to serve this project.
Code Reminders:
68. 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.
69.
PC RES0 NO. 5844
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320. .-
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the tentative parcel map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest. The Developer shall immediately initiate negotiations to acquire such
property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessfbl, Developer shall demonstrate to the City Engineer its best efforts, and
comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to
notify and enable the City to successfully acquire said property by condemnation.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the
following vote, to wit:
AYES:
.-
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5844 a -16-
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PLANNING COMMISSION RESOLUTION NO. 5845
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON A 15.8 ACRE SITE
LOCATED AT THE SOUTHEAST CORNER OF RANCHO
SANTA FE ROAD AND SAN ELIJO ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 1 1.
CASENAME: VILLAGES OF LA COSTA - OAKS
NEIGHBORHOOD 3.6 AFFORDABLE SITE
CASE NO: HDP 04-10
WHEREAS, CIC La Costa L.P., “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
La Costa Oaks North, being a subdivision of portions of parcel
map 10179, filed in the office of the County Recorder of San
Diego County June 17,1980 as file No. 80-204502, and Sections
29,30 and 32 Township 12 South Range 3 West, all in the City
of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “Y“ dated March 2, 2005, on file in the
Carlsbad Planning Department, VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD
3.6 AFFORDABLE SITE - HDP 04-10, as provided by Chapter 21.95 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 2nd day of March 2005,
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Hillside Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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
NEIGHBORHOOD 3.6 AFFORDABLE SITE - HDP 04-10 based on the
following findings and subject to the following conditions: .-
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - OAKS
FindinPs :
1.
2.
3.
4.
5.
6.
That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map.
That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the project will be a balanced site with a
total grading quantity of 5,170 cubic yards per acre, and that the project is proposed
with pads that step with the existing topography of the property from the south to
the north.
That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that grading proposed is within the existing areas of disturbance established by
the previously authorized mass grading of the site.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project is designed as stepped
pads achieved by cutting into the high side of the slope and filling over the low side
of the slope.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
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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 Hillside Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Hillside 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. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
Developer shall submit to the Planning Department a reproducible 24” x 36” mylar
copy of the Hillside Development Permit Site Plan reflecting the conditions approved
by the final decision making body.
This approval is granted subject to the approval of SDP 04-13 and is subject to all
conditions contained in Planning Commission Resolution No. 5844 for that other
approval incorporated herein by reference.
PC RES0 NO. 5845 -3-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” 0, fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
.-
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the
following vote, to wit:
AYES : Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT: Commissioner Whitton
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5845 -4-
The City of Carlsbad Planning Department EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 2,2005
Item No. 0
~~ ~ ~~ I ~ Application complete date: December 29, 2004
Project Planner: Christer Westman
Project Engineer: John Maashoff
SUBJECT: SDP 04-13mDP 04-10 - VILLAGES OF LA COSTA - OAKS
NEIGHBORHOOD 3.6 AFFORDABLE SITE - Request for a determination
that the project is within the scope of the previously certified Villages of La Costa
Program EIR and that the Program EIR adequately describes the activity for the
purposes of CEQA; and a request for a recommendation of approval for the
development of 168 one, two and three bedroom affordable apartments in 9
individual buildings on a 15.8 acre site in Villages of La Costa - Oaks
- Neighborhood 3.6 located on the southeast comer of Rancho Santa Fe Road and
San Elijo Road in Local Facilities Management Zone 1 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5844 and 5845
RECOMMENDING APPROVAL of Site Development Plan SDP 04-13 and Hillside
Development Permit HDP 04-10 based on the findings and subject to the conditions contained
therein.
11. INTRODUCTION
The applicant is requesting approval of a Site Development Plan (SDP) for 168 affordable
apartments and a Hillside Development Permit (HDP) to regrade the site within La Costa Oaks
Neighborhood 3.6 of the Villages of La Costa Master Plan. The units in this project will be
utilized to comply with the inclusionary housing obligations for the Villages of La Costa Master
Plan. The City Council has the final authority to approve projects proposing over 50 dwelling
units. Therefore, the Planning Commission is being asked to make a recommendation of
approval for the project. As designed and conditioned, the project is in conformance with the
General Plan, Villages of La Costa Master Plan (MP 98-01), Villages of La Costa Final Program
Environmental Impact Report (EIR 98-07), and the relevant Zoning Chapters of the Carlsbad
Municipal Code. There are no unresolved project issues, and findings can be made for approval
of the project.
\
111. PROJECT DESCRIPTION AND BACKGROUND
The Villages of La Costa Master Plan (MP 98-01) was approved by the City Council on October
23, 2001. The purpose of the Master Plan is to provide for the orderly development of the
Villages of La Costa site, while preserving the environmental resources of the area. For planning
purposes, the Villages of La Costa Master Plan is divided into 3 Villages with a total of 38
planning areas. The Master Plan identifies the allowable type and intensity of land uses in each
SDP 04-13/HDP 04-10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE
March 2,2005
Page 2
village and provides general development and design standards, requirements, and the method by
whch the Villages of La Costa Master Plan will be implemented.
The 15.8-acre project site is located in the PC Zone within the boundaries of the Villages of La
Costa Master Plan. The site, which is identified as La Costa Oaks Neighborhood 3.6, is
designated for development of up to 171 units that will be utilized to comply with the
inclusionary housing requirements of the Master Plan. The site is located on the east side of
Rancho Santa Fe Road and south San Elijo Road. It is bounded on the north by a yet to be
developed Community Facilities zoned property, Neighborhood 3.2 of the Oaks, and on the east
by land in the City of San Marcos. The site slopes downward towards the north. The site has
been graded as part of the completion of Rancho Santa Fe Road. Undeveloped land with scrub
vegetation is located south of the site. Residential development is proposed east and west of the
site.
Access to fie site is via two entrance points. The primary entrance is located on a new street
proposed with the project at the south end and the secondary access is fiom San Elijo Road at the
north end of the project. The vehicular circulation system meanders from south to north and
provides access to the units as well as resident and guest parking areas. The project consists of
nine two- and three-story apartment buildings, a one-story community recreation center, and a
large landscaped open space area. Walkways throughout the landscaped areas predominantly
provide access to the individual buildings, but also provide pedestrian connections between the
residential buildings and the recreation areas. The community center serves as a focal point at
the primary project entrance. The building is 2,705 square feet and contains a large community
room with a kitchen, computer room, offices, and laundry facilities. Adjacent to the building is
an open space recreation area that includes a large turf area, tot lot, and seating areas.
-
There are two different configurations for the 9 apartment buildings. As shown on the
architectural plans, Building Type 1 is a three-story structure containing 20 one-, two- and three-
bedroom apartments. Building Type 2 is also three stories and contains 18 apartments that are
either one- or two-bedroom. The buildings all have stucco exteriors with gabled roofs covered
with an architectural asphalt shingle. All sides of the building are well designed with a great deal
of articulation on the bui€ding planes including pop-outs, arched elements, window pot shelves,
balconies, and stucco door, window, and fascia trim. Each unit contains either a patio or a
balcony. Both of the three-story structures contain two-story elements to visually reduce the
mass of the building. All resident and guest parking is met through open parking except for
Building 5 which provides covered parking in a subterranean parking garage under the
residential units. Parking areas are accented with some enhanced paving. Landscaping and
enhanced paving also accents the development at the main entrance and is utilized strategically
throughout the site. A decorative site wall surrounds the project on the north, west, and south
sides that will screen parked vehicles from the surrounding public views and will also provide
for sound attenuation from Rancho Santa Fe Road.
The 168 units proposed will be 100% affordable to households with incomes not exceeding 70%
of the median income for San Diego County. The project contains a mix of 36 one-bedroom
units that are approximately 798 square feet in size, 60 two-bedroom units that are approximately
1,006 square feet in size, and 72 three-bedroom units that are approximately 1,247 square feet in
size.
27
SDP 04-13/HDP 04-10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE
March 2,2005
Land Use
The developer is required to provide all public facilities necessary to serve the project in
accordance with the Zone 11 Local Facilities Management Plan. This includes, but is not limited
to installation of roadways, infrastructure, and a trafic signal at the intersection of Rancho Santa
Fe Road and Avenida Soledad. .-
GOAL, OBJECTIVE OR
PROGRAM
Site is designated for medium
high density residential uses
at 11.5 ddac.
Rough grading for the site was reviewed in conjunction with the Master Plan and approved by
Hillside Development Permit HDP 99-02. The project will require approximately 77,500 cubic
yards of cut, 77,500 cubic yards of fill to accommodate the circulation system and building pads.
The required mitigation for loss of habitat on this site was previously considered with the review
of the Master Plan and was satisfied prior to approval of mass grading permits for the site.
IV. ANALYSIS
The project is subject to the following land use plans, policies, programs and zoning regulations:
A. General Plan;
B.
C.
D.
E. Growth Management Ordinance.
Villages of La Costa Master Plan (MP 98-01) and underlying RD-M Zone
(Chapter 2 1.24 of the Carlsbad Municipal Code);
Inclusionary Housing (Chapters 21.85 and 21.53 of the Carlsbad Municipal
Code);
Hillside Development Ordinance (Chapter 2 1.95); and
IV. ANALYSIS
\ The recommendation of approval for this project was developed by analyzing the project's
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
A. General Plan
La Costa Oaks Neighborhood 3.6 is consistent with the applicable policies and programs of the
General Plan. Particularly relevant to the proposed affordable housing apartment complex
abutting a circulation element major arterial roadway are the Land Use, Housing, Circulation,
and Noise Elements of the General Plan.
TABLE 1 - GENERAL PLAN COMPLIANCE I ELEMENT [ USE CLASSIFICATION, I PROPOSED USE AND I COMPLIANCE
IMPROVEMENTS I
The Master Plan analyzed
the density and allowed
up to 171 units of multi-
family housing for the
site.
Yes
SDP 04-13/HDP 04-10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE
March 2,2005
PROPOSED USE AND
IMPROVEMENTS
Project will provide 168
apartments 100%
affordable to partially
satisfy the affordable
housing requirements for
the Villages of La Costa
Master Plan.
The grading design is
consistent with HDP 04-
10.
TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED
COMPLIANCE
.-
Yes
Yes
ELEMENT
Land Use -
Residential
Policy C. 1
Land Use -
Environmental
Policy C.2
Land Use -
Growth
Management
Policy C. 1
Housing
Policy 3.6a
Circulation -
Streets Policy
C.16
USE CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
Encourage the provision of
low income dwelling units to
meet the objectives of the
Housing Element.
Ensure that all hillside
development is designed to
preserve the visual quality of
the pre-existing topography.
Permit the approval of
discretionary actions and the
development of land only
after adequate provision has
been made for public
facilities and services in
accordance with the Growth
Management public facility
standards.
Ensure that master planned
communities and all qualified
subdivisions provide a range
of housing for all economic
income ranges. A minimum
of 15% of all units approved
in master plan communities
shall be affordable to lower
income households.
Require new development to
construct all roadways
necessary for development
prior to or concurrent with
need.
Project is conditioned to
construct/install all
necessary public facilities,
therefore the project is
consistent with the Zone
11 LFMP.
The 168 units in this
neighborhood will be
utilized to comply with
the Inclusionary Housing
requirement for the
Villages of La Costa
Master Plan.
Yes
Yes
All necessary street
improvements will be
constructed with approval
of the Site Development
Plan.
Yes
SDP 04- 13/HDP 04- 10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE
March 2,2005
PaFe 5
ELEMENT USE CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
Noise -
Land Use
Policy C.5
Standard Requirement
Density (MP)
Product Type
(MP) townhomes
Lot Coverage
Maximum of 171 apartments
Multi-family apartments, condominiums, or
60% of net pad area
60 &A CNEL is the exterior
noise level and 45 dBA
CNEL is the interior noise
level to which all residential
units should be mitigated.
Proposed
168 apartments
Multi-family apartments
22.6% of net pad area
IMPLIANCE CONTINUI
PROPOSED USE AND
IMPROVEMENTS
The project is conditioned
to comply with the 45
&A interior noise
standard. The 60 dBA
CNEL exterior noise
standard is met with the
inclusion of sound
attenuating walls on
Rancho Santa Fe Road.
D
COMPLIANCE
B. Villages of La Costa Master Plan (and underlying RD-M zone)
The Master Plan requires development in Neighborhood 3.6 to comply with the standards of the
RD-M zone unless otherwise specified. Development is also required to comply with standards
and design guidelines outlined in the Master Plan. As discussed below, the proposed project is
consistent with all Master Plan and zoning requirements.
The Master Plan designates Neighborhood 3.6 as one of the affordable housing sites for the
Master Plan due to its proximity to major arterials and public transit. The Master Plan allows
171 dwelling units on this site. This calculation was based on the Master Plan analysis of land
area and the Residential Medim-High density range of 8-15 ddac. As illustrated in Table 2
below, the project is consistent with all development standards and design guidelines required by
both the RD-M zone and the La Costa Oaks Development Plan for Neighborhood 3.6.
Yes
30
SDP 04-13/HDP 04-10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE
March 2,2005
TABLE 2:
Standard
Setbacks
(W):
Building
Height (MP)
Parking
(CMC)
Affordable
Housing (MP)
Architectural
Design (MP)
lOMPLIANCE WITH DEVELOPMENT STA
Requirement
Setbacks:
Rancho Santa Fe Road:
50’ building setback from right-of-way
San Eliio Road
30’ building setback from right-of-way
30’ building setback from southern property
line
30’ building setback from eastern property line
10’ Building Separation
Bldg Height: 35’ and 3 stories if a min. roof
pitch of 3 : 12 is provided.
Resident parking
1.5 spaced1 bdnn unit
2 spaced2 or yore bdrm
Guest parking
0.5 spaces/unit for units 1-10
0.25 spaces/unit for units 11-168
54 spaces
264 spaces
5 spaces
40 spaces
Total reauired: 363 spaces
168 units, 100% low income, min. 10% 3-
bedrooom
Eight different styles allowed per the Master
Plan
Add special detailing on homes adjacent to
circulation element roadways.
’DARDS CONTINUED
Proposed
50’ min. -landscape setback.
All units are set back 50’ or
greater from Rancho Santa Fe
Road.
All units are set back 175’ or
greater from San Elijo Road.
All units are set back 60’ or
greater from the southern
property line.
All units are set back 30’ or
greater from the eastern
property line.
Minimum 30’ separation.
Building Types 1 and 2: 34’-
2”
38 underground garage spaces
264 open parking spaces .
382 total spaces
100% low income
21.5% 1-bdrm units (36 units)
35.7% 2-bdrm units (60 units)
42.8% 3-bdnn units (72 units)
Elements of the Craftsman
Bungalow Architectural Style
All elevations are
architecturally enhanced.
31
SDP 04-13/HDP 04-10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE
March 2,2005
Page 7
TABLE 2: I Standard I Special
OMPLIANCE WITH DEVELOPMENT STA
Reauirement
Acoustical Study required
Special Landscape Treatment
DARDS CONTINUED
ProDosed
Units along Rancho Santa Fe
Road will require compliance
with the City’s 45 dBA
CNEL interior noise standard.
Project complies with all
exterior noise standards.
Streetscape landscaping,
community theme walls and
village entry monumentation
are provided in accordance
with the provisions of the
Master Plan.
C. Inclusionary Housing (Chapters 21.85 and 21.53 of the Zoning Ordinance)
The Villages of La Costa Master Plan is required to provide affordable housing in conformance
with the requirements of the Inclusionsary Housing Ordinance, Section 21.85 of the Carlsbad
Municipal Code. The affordable housing requirements of the Master Plan will be met through
the construction of two combined inclusionary projects. The total number of affordable units
required is based on the maximum number of units allowed by the Tentative Maps approved
withm the Master Plan. The Master Plan permits a maximum of 2,390 dwelling units within the
various neighborhoods. This mqximum dwelling unit number may not be achieved since several
neighborhoods have already been approved at unit counts below the maximum allowed by the
Master Plan. Regardless, 15% of the total dwelling units approved must be affordable to low
income households. The first of two affordable housing projects for the Villages of La Costa is
nearing completion in the Greens Neighborhood. That project consists of 180 low income
apartments. This project will add an additional 168 low income apartments for a total of 348.
affordable units. The total unit count for the Villages of La Costa shall therefore not exceed
2,320, unless additional affordable units are provided. Current counts of approved residential
projects and future projected residential projects for the Master Plan area total 2,283 units.
Based on this current count, the end result is the provision of more affordable units than the
minimum 15% that is required.
Of the required affordable units, 10% must be three bedroom units. The Greens Neighborhood
project contains 79 three-bedroom and 30 four-bedroom units for a total of 60% of that project’s
unit count. This project has 72 three-bedroom units, which is 43% of the project unit count.
Together, 52% of all of the affordable units are three-bedroom or larger. The required findings
for compliance with the Inclusionary Housing Ordinance include consistency with General Plan
goals and policies, adequacy of the site and street system, and a determination that the affordable
units are compatible with surrounding uses, and will not adversely impact the site or surrounding
areas including traffic circulation.
The project site is located at the southeast comer of Rancho Santa Fe Road and San Elijo Road.
The location is close to major routes to jobs throughout north San Diego County and is adjacent
3a
SDP 04-13/HDP 04-10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE
March 2,2005
STANDARD IMPACTS
Citv Administration 584.09 sauare feet
Page 8
COMPLIANCE?
Yes
to bus stops on Rancho Santa Fe Road and San Elijo Road. Stagecoach Park, the fbture La Costa
Town Square and Los Coches Village commercial centers are approximately 1.5 miles to the
south on Rancho Santa Fe Road. The site was analyzed and selected as an affordable housing
site in the Villages of La Costa Master Plan due to its location. The project-is eompatible with
the future surrounding residential development and the site is suitable for the proposed use.
Library
Waste Water Treatment
E. Hillside Development Ordinance (Chapter 21.95)
3 1 1.5 1 square feet Yes
168 EDU Yes
Hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages. Undevelopable areas of the project, i.e. slopes
over 40%, have been properly identified on the constraints map.
Parks
Drainage
The development proposal is consistent with the intent, purpose, and requirements of the Hillside
Ordinance, Chapter 21.95, in that the project will be a balanced site with a total grading quantity
of 5,170 cubic yards per acre, and that the project is proposed with pads that step with the
existing topography of the property from the south to the north. Grading will also not occur in
the undevelopable portions of the site. Grading is only proposed within the existing areas of
disturbance established by the previously authorized mass grading of the site.
.
1.17 acres Yes
Drainage Basin D Yes
The project design substantially conforms to the intent of the concepts illustrated in the Hillside
Development Guidelines Manual, since the project is designed as stepped pads achieved by
cutting into the hgh side of the slope and filling over the low side of the slope.
Circulation
Fire
F. Growth Management
1,344 ADT Yes
Station No. 6 Yes
The proposed project is located within Local Facilities Management Zone 11 in the southeast
quadrant of the City and is subject to the conditions of the Zone 11 LFMP. The 168 units
planned for this neighborhood is below the number of units permitted in the Villages of La Costa
Master Plan under Growth Management based on the RMH Growth Management Control Point
of 11.5 du. ac. The impacts on public facilities created by this project, and its compliance with
the adopted performance standards, are summarized in Table 3 below.
Open Space
School
Provided throughout Master Plan Yes
San Marcos Unified School District Yes
E = 52 / JH = 26 /HS = 30
33
SDP 04-13/HDP 04-10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE
March 2,2005
Page 9
STANDARD IMPACTS
Sewer Collection System 168 EDU
Water 36,960GPD
COMPLIANCE?
Yes
Yes-
V. ENVIRONMENTAL REVIEW
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). Staff prepared an initial study for the project and concluded that no potentially
significant impacts would result with the implementation of the project that were not previously
examined and evaluated in the Final Program Environmental Impact Report for the 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 Findmgs 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 fkom 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 measures incorporated into the project include a 50-foot landscape setback along
Rancho Santa Fe Road. Additionally, a supplemental acoustical analysis was submitted which
identified that units facing Rancho Santa Fe Road will require additional noise mitigation, as was
anticipated in the Program EIR., The EIR 98-07 “Findings of Fact and Statement of Overriding
Considerations” applies to all subsequent projects covered by the Villages of La Costa Master
Plan Final Program EIR.
The proposed activities would have no effects beyond those analyzed in the program EIR, as
they are a part of the program analyzed earlier. The total number of Master Plan units evaluated
in EIR 98-07 will not be increased. This project is within the scope of Final Program EIR 98-07
and no further CEQA compliance is required. EIR 98-07 and the respective initial study for the
project is available at the Planning Department.
ATTACHMENTS:
1.
2.
3. Location Map
4. Disclosure Form
5. Background Data Sheet
6. Local Facilities Impact Form
7. Reduced Exhibits
8. Full Size Exhibits “A” - dated March 2,2005
Planning Commission Resolution No. 5844 (SDP 04-1 3)
Planning Commission Resolution No. 5845 (HDP 04-10)
- City of Carlsbad .
DISCLOSURE STATEMENT
-
Applicant’s statement or disclosure of certain ownership interests on all
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate. in th~s 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 bel6w.
1. APPLICANT (Not the applicant’s agent)
Provide the COMPLETE, LEGAL names and addresses of persons having a financial
interest in the application. If the applicant includes a cornoration or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned cornoration, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person CorpFart CIC La Costa, L.P.
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Title Title
Address Address 725 South Coast Hirzhwav 101
Encinitas. CA 92024
2. OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (Le,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes .:a
cornoration or Partnership, include the names, titles, addresses of all individuals owning more
than 10% of the shares. IF NO INDMDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person CorpFart Real Estate Collateral Management
Comuanv
Title Title
Address Address 1903 Wright Place, Ste 180
Carlsbad, CA 92008
1635 Faraday Or. Carlsbad, CA 92009-1 576 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
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 ProfiiYTrust Non Profiflrust
Title Title
Address Address
-
4. Have you had more than $20 worth of business transacted with any member of City staff, Boards,
Commissions, Committees andor Council within the past twelve (12) months?
Yss No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
above information is true and correct
nt for RECM; Fred M. Arbuckle
ident of Morrow Development: lT3
Print or type name of owner Print or type name of applicant
Signature of owner/applicant’s agent if applicable/date
Print or type name of owner/applicant’s agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
36
BACKGROUND DATA SHEET
CASE NO: SDP 04-13IHDP 04-10
CASE NAME: Villages of La Costa - Oaks Neiphborhood 3.6
APPLICANT: CIC La Costa, L.P.
REQUEST AND LOCATION: 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 CEOA; and a request for a recommendation
of approval for the development of 168 one, two and three bedroom affordable auarhnents in 9
individual buildings on a 15.8 acre site in Villages of La Costa - Oaks Neighborhood 3.6 located
on the southeast comer of Rancho Santa Fe Road and San Eliio Road in Local Facilities
Management Zone 1 1.
LEGAL DESCRIPTION: La Costa Oaks North, being a subdivision of portions of parcel map
10179, filed in the office of the County Recorder of San Diego County June 17, 1980 as file No.
80-204502, and Sections 29, 30 and 32 Township 12 South Range 3 West. all in the City of
Carlsbad. County of San Diego. State of California.
APN: 223-032-01 Acres: 15.8 Proposed No. of Units: 168 apartments
GENERAL PLAN AND ZONING
Land Use Designation: Residential Medium High
Density Allowed: 8-1 5 ddac
Existing Zone: PC (RDM per VLC Master Plan) Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Density Proposed: 10.6
Master Plan Zoning General Plan Current Land Use
Site RD-M RMH Vacant
North C-F CF Vacant
South RD-M RM Vacant
East San Marcos (152 multi- Vacant
West R- 1 RLM Vacant
family dwelling units)
PUBLIC FACILITIES
School District: San Marcos Unified School District
Water District: Vallecitos Sewer District: Vallecitos
Equivalent Dwelling Units : 168 EDU
ENVIRONMENTAL IMPACT ASSESSMENT
Certified Environmental Impact Report, dated October 2001
37
CITY OF CAIUSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: SDP 04-13/HDP 04-10
LOCAL FACILITY MANAGEMENT ZONE: 12 GENERAL PLAN: RMH
MASTER PLAN ZONING: Residential Density Multiple
DEVELOPER’S NAME: CIC La Costa L.P.
ADDRESS: 725 South Coast Highway 101 Encinitas CA 92024
PHONE NO.: 760-456-6000 ASSESSOR’S PARCEL NO.: 223-032-01
QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 15.8 Ac/ 168 Apartments
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 584.09
Libre: Demand in Square Footage = 3 1 1.5 1
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage = 1.17
168 EDU
Drainage : Demand in CFS = 63
Identify Drainage Basin = D
Circulation: Demand in ADT = 1,344
Fire: Served by Fire Station No. = 6
Open Space: Acreage Provided = Master Plan wide
Schools: Elementary School 52
Jr. High 26
High 30
Sewer: Demands in EDU 168
Identify Sub Basin = NIA
Water: Demand in GPD = 36,960
The project is 3 units below the Villages of La Costa Master Plan dwelling unit
allowance.
38
c
" . m
a 4 J I
39
If.
d r i
C v: c d
a C I
4.5-
Planning Commission Minutes DRAFT PE~~~HLT 5 March 2, 2005
3. SDP 04-13/HDP 04-10 - VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6
AFFORDABLE SITE - Request for a determination that the project is within the scope of
the previously certified Villages of La Costa Program EIR and that the Program EIR
adequately describes the activity for the purposes of CEQA; and a request for a
recommendation of approval for the development of 168 one-, two- and three-bedroom
affordable apartments in 9 individual buildings on a 15.8 acre site in Villages of La Costa - Oaks Neighborhood 3.6 located on the southeast corner of Rancho Santa Fe Road and
San Elijo Road in Local Facilities Management Zone 11.
Mr. Neu introduced Item 3 and stated Senior Planner Christer Westman would make the Staff
presentation.
Chairperson Segall. asked the applicant if he wished to continue with the hearing having only 6
Commissioners present. The applicant stated he would.
Chairperson Segall opened the public hearing on Item 3.
Mr. Westman stated the project is the Villages of La Costa-Oaks Neighborhood 3.6. The project site is
located on Rancho Santa Fe Road adjacent to the City of San Marcos just immediately south of the San
Elijo Road connection to Rancho Santa Fe Road. The project consists of approximately 16 acres which
has already been graded. The project includes re-grading the site; therefore, a Hillside Development
Permit is necessary. Mr. Westman stated site access is from a new road off of Avenida Soledad to the
south, and also from the north end of the site by the realigned San Elijo Road. The project is nine
buildings, each being 3 stories. There is a total of 168 apartments being proposed: 36 will be one-
bedroom units, 60 will be two-bedroom units, and 72 will be three-bedroom units. A 2,700-square foot
community building is proposed onsite. Parking is provided onsite at grade level. There will be 382
parking spaces, which is above the 363 minimum parking requirement. Thirty-eight of those parking stalls
will be provided in a garage under Building 5. The project is subject to the Villages of La Costa Master
Plan which identified this site specifically as an affordable housing site. This is the second of 2 affordable
projects in the Villages of La Costa and will complete the inclusionary requirement for that entire Master
Plan. The project is consistent with the Villages of La Costa Master Plan EIR. The mitigation monitoring
and reporting program has been implemented with the original grading of the site. There were minor
additional mitigation measures applied to this project including the landscaping setback along Rancho
Santa Fe Road as well as an acoustical study requiring building specifications to make sure the interior
noise levels do not exceed 45 CNEL. This project is subject to the Hillside Ordinance and that is due to
the re-grading of the site, and it is also subject to the lnclusionary Housing Ordinance. As previously
mentioned, this project completes all of the inclusionary requirements for all of the Villages of La Costa.
Mr. Westman concluded his presentation and stated he would be available to answer any questions.
Chairperson Segall asked if there were any questions of Staff. Seeing none, he asked if the applicant
wished to make a presentation.
Fred Arbuckle, 1903 Wright Place, Carlsbad, stated he is requesting approval of the Site Development
Permit for the second affordable housing community, Neighborhood 3.6, located in the Villages of La
Costa. The approval of this project will provide the final component of the affordable housing requirement
for all of the Villages of La Costa. With this approval and the completion of the homes, there will be more
homes built than required under the City’s Ordinance. The current requirement is for only 342 units but
with this approval, there will be 348 units, or 6 more units than required. Mr. Arbuckle concluded his presentation.
Chairperson Segall asked if there were any questions of the applicant.
Jim Schmid, President of Chelsea Investments, 725 South Coast Highway 101, Encinitas, gave a brief
presentation.
Chairperson Segall asked if there were any questions of Mr. Schmid.
Chairperson Segall asked if the name of the project is now Hunters Point. Mr. Schmid stated that was
correct.
Planning Commission Minutes March 2, 2005 Page 5
Jack Henthorn, Henthorn and Associates, 5365 Avenida Encinas Suite A, Carlsbad, gave detailed
presentation regarding the project.
Chairperson Segall asked what type of facility will be at community site. Mr. Henthorn stated that they are
still working on the use palette for that particular site. It can incorporate any number of facilities that
generally meet the community needs.
Chairperson Segall inquired if there would be opportunities for the Planning Commission to see the La
Costa Greens affordable site prior to sell-out to see what is available. Mr. Henthorn stated that as they
get closer to occupancy there will be an opportunity provided to the City Council as well as the Planning
Commission to visit the site.
Chairperson Segall asked if the name Hunters Point being contiguous with protected open space is
troubling to anyone. Mr. Henthorn stated that the management company, Chelsea Investments, is fine
with it.
Commissioner Montgomery asked for the applicant to discuss the access points for the north end of the
site. Mr. Henthorn stated that there are a number of issues pertaining to that. First of all, there is no site
plan for the adjacent site so they are unsure what configuration that site will ultimately take. As he
understands, there will be about 150 units on 5 acres which will limit the opportunity to put in a fully
improved public street through that area. The problem with the driveway circumstance is that they are
dealing with a private driveway and a relatively narrow street section as you begin to force all those units
from direct access onto San Elijo Road you will be utilizing that drive through the project as a main
circulation link up to Avenida Soledad. Mr. Henthorn stated there are a number of issues associated with
the site access and they are open to having that connection made. They are willing to post the bond.
They fully understand it and they have discussed the opportunities with the adjacent developer, but he is
just not at a point where he can commit to anything to accommodate the additional traffic. Mr. Henthorn
further stated the adjacent site is out of the City’s jurisdiction, which makes it even more difficult.
Commissioner Montgomery asked if Bob Wojcik, Deputy City Engineer-Development Services, to
comment on the issue. Mr. Wojcik stated that during the work on the Villages of La Costa Master Plan,
Staff had identified that location as a problem being so close to the intersection with Rancho Santa Fe
Road. At the time there was discussion that the developer stated he was in with the Master Plan
developers in San Marcos to try to accommodate some type of street going through at that location. That
was their initial intention. Mr. Wojcik stated Staff identified the location as a potential problem with the
design of that site. As Mr. Henthorn pointed out, the adjacent site is in a different jurisdiction. This
project has private streets versus not knowing what the street configuration is in San Marcos. To change
things around to allow for the future connection into San Marcos, there would have to be some
accommodations for the amount of traffic that could go through there. Not knowing what the volume of
traffic coming through there is, Staff is not sure the City would end up with a safe situation as far as the
volume of traffic coming from the narrow private streets. The other alternative would be to redesign the
project to put public streets in which would definitely require a major redesign on the project.
Commissioner Montgomery asked if Staff was suggesting that if by chance it actually does link up through
to San Marcos, there could be a reverse flow of traffic with that development through this project and out
to Rancho Santa Fe Road and this project is not designed to accommodate something like that. Mr.
Wojcik stated that was correct and that it could be the path of least resistance for the traffic to come
through this project from San Marcos so there may be more traffic going through this development going
to or from San Marcos than you actually would have Carlsbad traffic going through to San Marcos. John
Maashoff, Associate Engineer, stated that while going through the review process, Staff did have
discussions with the developer of the adjacent property in San Marcos to confirm there was a good faith
effort made on the part of the developer here to acquire that access and Staff does anticipate continuing
discussions as the process continues in hopes that the access can continue to be analyzed and hopefully
put through so that the San Elijo Road access point can be eliminated at some point in the future when
the adjacent property’s site plan is finalized. Commissioner Montgomery stated that it seems as though
those discussions may need to continue up the ladder in both cities because to ask this developer to work
with that City is something that can be suggested but not forced. Mr. Maashoff stated that he can follow
up with San Marcos Staff as well.
47
Planning Commission Minutes March 2,2005 Page 6
Chairperson Segall asked to hear the condition that is being placed on the project and what the portion is
that is being bonded for. Mr. Maashoff identified the area on a map and stated that it is just south of the
driveway to San Elijo Road.
Commissioner Cardosa asked why there are only 38 parking spaces provided under Building 5. Mr.
Henthorn stated that there are situations unique to the location of that building that offered the opportunity
to provide the underground parking. Commissioner Cardosa asked if the rental value would be any
different for those units. Mr. Henthorn stated that he did not believe so because they are restricted
because of the funding being used to construct the project.
Commissioner Dominguez asked Mr. Wojcik what the proposed distance is between the entry driveway
and the main thoroughfare, Mr. Maashoff stated that the main signalized intersection at San Elijo Road
and Rancho Santa Fe Road is approximately 150 feet from the proposed driveway entrance into the
project.
Commissioner Baker asked if that entry would be conditioned to be right-turn only or will they be able to
turn left out of that intersection. Mr. Maashoff stated it will be a right-idright-out only.
Commissioner Dominguez asked if the access point at Avenida Soledad would be restricted to right-
idright-out. Mr. Maashoff stated that the intersection at Avenida Soledad and Rancho Santa Fe Road will
be signalized so there will be full access.
Commissioner Cardosa asked how Condition No. 28, which requires specified maintenance as far as
things hanging over balconies and overall cleanliness of the property, will be done by Chelsea onsite with
an onsite manager or by an offsite management company. Mr. Schmid stated that Chelsea Investments
owns and operates the management company which owns and operates the apartments.
Commissioner Dominguez asked if there will be onsite management. Mr. Schmid stated there will be
onsite management.
Chairperson Segall asked if there were any other questions of Staff or if there were any other members of
the audience who wished to speak on the item. Seeing none, he opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 5844 and 5845
recommending approval of Site Development Plan SDP 04-1 3 and Hillside
Development Permit HDP 04-10 based on the findings and subject to the
conditions contained therein.
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, and
NOES: None
VOTE: 6-0
Heineman, Montgomery
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 in the Council Chambers at 1200
Carlsbad Village Drive, Carlsbad California, at 6:OO p.m. on Tuesday, April 5, 2005, to consider
a request for approval of 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 Site Development Plan and Hillside
Development Permit for the development of 168 one, two and three bedroom affordable
apartments in 9 individual buildings on a 15.8 acre site in Villages of La Costa - Oaks
Neighborhood 3.6 located on the southeast corner of Rancho Santa Fe Road and San Elijo
Road in Local Facilities Management Zone 11 and more particularly described as:
La Costa Oaks North, being a subdivision of portions of parcel map 10179, filed
in the office of the County Recorder of San Diego County June 17, 1980 as file
No. 80-204502, and Sections 29, 30 and 32 Township 1.2 South Range 3 West,
all in the City of Carlsbad, County of San Diego, State of California.
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 Friday, April 1, 2005. If you
have any questions, please call Christer Westman in the Planning Department at (760) 602-
4614.
If you challenge the Site Development Plan and/or Hillside 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: SDP 04-13/HDP 04-10
CASE NAME: VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6 AFFORDABLE SITE
PUBLISH: March 25, 2005
CITY OF CARLSBAD
CITY COUNCIL
/
VLC - OAKS
NEIGHBORHOOD 3.6
SDP 04-13/HDP 04-10
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
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-
enititled matter. I am the principal clerk of the
printer of Proof of Publication 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 25th , 2005
I ciertify (or declare) under penalty of perjury that
the foregoing is true and correct.
Darted at SAN MARCOS California
This 25'h Day of March, 2005
I La Costa Oaks North bein a subdivision of llions of parcel rn3 10179 fifed inyhe office of the &nty Re- corder of an DI '0 Coun June 17 1980 as file No, 80-204502 and %ctions % 30 and 32 Township 12 South Range 3 West, all in the Ci of Carlsbad, County of San Diego, State of Californla. I
CASE FILE:SDP
CASE NAME VILLAGES
AFFORDABLE SITE
04-13iHDP 04-10
8W&iL%&*%?
March 25,2005
(d Jane Olson
NORTH COUNTY TIMES
Legal Advertising
4'
From: Isabelle Paulsen
To: legals@nctimes.com
Date: 03/21/2005 5:03:44 PM
Subject: Public Hearing Notice: VLC Oaks Neighrobhood 3.6 Affordable Site
Jane:
Attached is the public hearing notice and map for the Villages of La Costa Oaks Neighborhood 3.6
Affordable Site.
Please place this ad in the Friday, March 25, 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
i paul@ci.carlsbad .ca. us
cc: Christer Westman; Karen Kundtz; Marcia Long; Sheila Cobian; 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 in the Council Chambers at 1200
Carlsbad Village Drive, Carlsbad California, at 6:OO p.m. on Tuesday, April 5, 2005, to consider
a request for approval of 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 Site Development Plan and Hillside
Development Permit for the development of 168 one, two and three bedroom affordable
apartments in 9 individual buildings on a 15.8 acre site in Villages of La Costa - Oaks
Neighborhood 3.6 located on the southeast corner of Rancho Santa Fe Road and San Elijo
Road in Local Facilities Management Zone 11 and more particularly described as:
La Costa Oaks North, being a subdivision of portions of parcel map 10179, filed
in the office of the County Recorder of San Diego County June 17, 1980 as file No. 80-204502, and Sections 29, 30 and 32 Township 12 South Range 3 West, all in the City of Carlsbad, County of San Diego, State of California.
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 Friday, April 1, 2005. If you
have any questions, please call Christer Westman in the Planning Department at (760) 602-
4614.
If you challenge the Site Development Plan and/or Hillside 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: SDP 04-1YHDP 04-10
CASE NAME: VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6 AFFORDABLE SITE
PUBLISH: March 25, 2005
CITY OF CARLSBAD
CITY COUNCIL
53
I
VLC - OAKS NEIGHBORHOOD 3.6
SDP 04=13/HDP 04-10
jam Free Printing Use Avery@ TEMPLATE 5160@ - www.avery.com
1 -800-GO-AVERY -
CARLSBAD UNlF SCHOOL DlST
6225 EL CAMINO REAL
CARLSBAD CA 92009 SANMARCOS CA 92069
SAN MARCOS SCHOOL DIST
1 CIVIC CENTER DR
SAN DIEGUITO SCHOOL DlST
701 ENClNlTAS BLVD TIM JOCHEN
ENClNlTAS CA 92024 1960 LA COSTA AVE
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CARLSBAD CA 92009
CITY OF ENClNlTAS
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LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CNTRL DlST
91 50 CHESAPEAKE DR
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U.S. FISH &WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92009 7575 METROPOLITAN DR
CA COASTAL COMMISSION
STE 103
SAN DIEGO CA 92108-4402
CITY OF CARLSBAD
RECREATION
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
JOHN MAASHOFF
DEPT- PROJECT ENGINEER
0311 012005
@ogLs sAU3AV @
ENClNlTAS SCHOOL DlST
101 RANCHO SANTA FE RD
ENClNlTAS CA 92024
OLIVENHAIN WATER DlST
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
I. P. U.A.
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SD COUNTY PLANNING
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ATTN TED ANASIS
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CITY OF CARLSBAD
PROJECT PLANNER
CHRISTER W ESTMAN
54
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CNLM
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425 E ALVARADO ST
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REAL ESTATE COLLATERAL M
STE 180
1903 WRIGHT PL
CARLSBAD CA 92008 92078 FALLBROOK CA 92028
MERINGUE IN GOLDEN SAN MARCOS DEVELOPERS HUNTER INDUSTRIES L P 1709 LA COSTA MEADOWS DR 1755 LA COSTA MEADOWS DR
SAN MARCOS CA 92069 SAN MARCOS CA 92078 SAN MARCOS CA 92078
1940 DIAMOND ST
CAMDEN USA INC
STE 1300
3 E GREENWAY PLZ
92078 HOUSTON TX 77046
LA COSTA MEADOWS INVESTOR
2221 LAS PALMAS DR
CARLSBAD CA 92009 SAN MARCOS CA
L L SGP
1205 LINDA VISTA DR
BROOKFIELD UNIVERSITY CO
12865 POINTE DEL MAR WAY
DEL MAR CA 920 14 DEL MAR CA 920 14
OLD CREEK HOA
12865 POINTE DEL MAR WAY
SHEA HOMES LTD
STE 200
10721 TREENA STREET
SAN DIEGO CA 92131
MORROW DEVELOPMENT
STE 180
1903 WRIGHT PL
CARLSBAD CA 92008
CHELSEA INVESTMENT CORP
725 S. COAST HIGHWAY 101
ENCINITAS, CA 92024
HUNTER INDUSTRIES INC
STE 1150
550 W C ST
SAN DIEGO CA 921 01
JACK HENTHORN & ASSOC
STE A
5365 AVENIDA ENCINAS
CARLSBAD CA 92008
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 in the Council Chambers at 1200
Carlsbad Village Drive, Carlsbad California, at 6:OO p.m. on Tuesday, {DATE}, to consider a
request for approval of determination that the project is within the scope of the previously
certified Villages of La Costa Program EIR and that the Program EIR adequately describes the
activity for the purposes of CEQA; and a request for approval of the development of 168 one,
two and three bedroom affordable apartments in 9 individual buildings on a 15.8 acre site in
Villages of La Costa - Oaks Neighborhood 3.6 located on the southeast corner of Rancho
Santa Fe Road and San Elijo Road in Local Facilities Management Zone 11 and more
particularly described as:
La Costa Oaks North, being a subdivision of portions of parcel map 101 79, filed
in the office of the County Recorder of San Diego County June 17, 1980 as file
No. 80-204502, and Sections 29, 30 and 32 Township 12 South Range 3 West,
all in the City of Carlsbad, County of San Diego, State of California.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and ‘after {DATE}. If you have any
questions, please call Christer Westman in the Planning Department at (760) 602-4614.
If you challenge the Site Development Plan and/or Hillside Development Permit in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
dkscribed in this notice or in written correspondence delivered to the City of Carlsbad at or prior
to the public hearing.
CASE FILE: SDP 04-1 3/HDP 04-1 0
CASE NAME: VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.6 AFFORDABLE SITE
PUBLISH: {DATE}
CITY OF CARLSBAD
CITY COUNCIL
5’
/
VLC - OAKS NEIGHBORHOOD 3.6
SDP 04-131HDP 04-10
Villages of La Costa OaksNeighborhood 3.6Villages of La Costa OaksNeighborhood 3.6SDP 04-13/HDP 04-10
RANCHOSANTAFERDSITECADENCIA STESFERASTFO SCA STCORINTIASTCITY OF SAN MARCOSLocation MapLocation Map
CITY BOUNDARY
Villages of La Costa Oaks Neighborhood 3.6Villages of La Costa Oaks Neighborhood 3.6•15.8 graded acres–Project includes re-grading•Site access from–New Avenida Soledad–Realigned San Elijo Road
Villages of La Costa Oaks Neighborhood 3.6Villages of La Costa Oaks Neighborhood 3.6•9 Buildings•168 apartments–36 one-bedroom @ 798 sq.ft.–60 two-bedroom @ 1,006 sq.ft.–72 three-bedroom @ 1,247 sq.ft.•2,700 sq. ft. Community Building•382 onsite resident/guest parking–38 in Building 5 basement garage
Villages of La Costa Oaks Neighborhood 3.6Villages of La Costa Oaks Neighborhood 3.6•Villages of La Costa Master Plan•Villages of La Costa Master Plan EIR•Hillside Ordinance•InclusionaryHousing Ordinance
RecommendationRecommendation•Planning Commission recommended approval of the project on March 2, 2005