HomeMy WebLinkAbout2005-04-19; City Council; 18082; Villages of La Costa Greens Neighborhood 1.17~~ ~
AB# 18,082
MTG. 4/19/05
DEPT. PLN
Project Applications
CT 04-09
PUD 04-08
CITY OF CARLSBAD -AGENDA BILL
TITLE:
VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1 .I7
CT 04-09/PUD 04-08
Administrative Reviewed by and To be reviewed -
App rova Is Final at Planning Final at Council
Commission
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CITY MG
-- RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. , APPROVING Tentative Tract Map CT 04-09 and Planned Unit Development PUD 04-08 for Villages of La Costa Greens Neighborhood
1 .I7 as recommended for adoption and approval by the Planning Commission.
20051 15
ITEM EXPLANATION:
On March 16, 2005, the Planning Commission conducted a public hearing for a residential
subdivision in the Villages of La Costa Master Plan. Neighborhood 1.17 (CT 04-09/PUD 04-08)
requires approval by the City Council since the subdivision contains more than 50 residential lots.
The Villages of La Costa Greens Neighborhood 1.17 consists of the subdivision of 42.4 acres into
107 single-family residential lots with a minimum lot size of 4,500 square feet and 9 open space lots.
In addition to the Tentative Tract Map, a Planned Development Permit is required by the Master Plan
to allow for lots less than 7,500 square feet. The Master Plan specifically identified Neighborhood
1 .I7 as a subdivision of 4,500 square foot residential lots. Architectural review of the homes will be
presented to the City Council at a later date as an amendment to the PUD.
The Planning Commission discussed the merits of all applications, and voted 7-0-0 to recommend
approval of the project to the City Council.
A full disclosure of the Planning Commission's discussion for Neighborhood 1.17 and a complete
iescription and staff analysis of the project is included in the attached minutes and staff report to the
Planning Commission.
ENVIRONMENTAL:
The proposed project has been reviewed pursuant to the California Environmental Quality Act
[CEQA). Staff prepared an initial study for the project and concluded that no potentially significant
mpacts would result with the implementation of the project that were not previously examined and
svaluated in the Final Program Environmental impact Report for the Villages of La Costa Master
>Ian MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential
Snvironmental effects of the development and operation of the "Villages of La Costa Master Plan"
and associated actions inclusive of the proposed planning area 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
3pproved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting
'Togram 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
PAGE 2 OF AGENDA BILL NO. l8vm2
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.
EXH I BITS :
1. City Council Resolution No. 2005-115
2. Location Map
3.
4.
5.
Planning Commission Resolutions No. 5851 and 5852
Planning Commission Staff Report, dated March 16, 2005
Draft Excerpt of Planning Commission Minutes, dated March 16, 2005.
DEPARTMENT CONTACT: Saima Qureshy, (760) 602-461 9, squre@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-1 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT
MAP AND PLANNED UNIT DEVELOPMENT FOR VILLAGES OF
LA COSTA GREENS NEIGHBORHOOD 1.17 TO SUBDIVIDE
SPACE LOTS ON PROPERTY GENERALLY LOCATED SOUTH
OF POINSETTIA LANE, NORTH OF ALGA ROAD, EAST OF EL
CAMINO REAL AND WEST OF THE LA COSTA GOLF COURSE
IN LOCAL FACILITIES MANAGEMENTZONE IO.
CASENAME: VILLAGES OF LA COSTA GREENS
42.4 ACRES INTO 107 SINGLE-FAMILY LOTS AND 9 OPEN
NEIGHBORHOOD 1.17
CASE NO.: CT 04-09/PUD 04-08
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 16, 2005, hold a duly noticed public hearing as prescribed by law to
consider a Tentative Tract Map and Planned Unit Development; and
WHEREAS, the City Council of the City of Carlsbad, on the 26th day of
April , 2005, held a duly noticed public hearing to consider the Tentative Tract
Map and Planned Unit Development, and at the time received recommendations, objections,
protests, comments of all persons interested in or opposed to CT 04-09/PUD 04-08; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of
Tentative Tract Map CT 04-09 and Planned Unit Development PUD 04-08 is approved by the
City Council and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No. 5851 and 5852, on file with the City Clerk and made a
part hereof by reference, are the findings and conditions of the City Council, except that
Condition No. 45 of Planning Commission Resolution No. 5851 is not incorporated, the
recommendation is not accepted and the project is not so conditioned; and a new subsection is
added to Condition No. 42 of Planning Commission Resolution No. 5851 to read as follows:
c. Traffic signal, ultimate intersection striping and signal interconnect at the
intersection of Estrella De Mar and Poinsettia Lane.
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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 26th day of April , 2005, by the following vote, to wit:
AYES: Council Members Hall, Packard, Sigafoose
NOES: None
ABSENT: Council Members Lewis and Kulchin
ti\ cx CLAUDE AW l&VIS, Maior
MATT HALL, Mayor Pro-Tem
ATTEST: n n-
$&&:)$$&&9(
LORRAINE M. WOOD, City Clerk
(SEAL)
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EXHIBIT 2
SITE
VILLAGES OF LA COSTA GREENS NEIGHBORHOOD I .I7
CT 04-09/PUD 04-08
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EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5851
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 42.4 ACRES INTO 107 RESIDENTIAL LOTS AND
9 OPEN SPACE LOTS ON PROPERTY GENERALLY
LOCATED SOUTH OF FUTURE POINSETTIA LANE,NORTH
OF ALGA ROAD, EAST OF EL CAMINO REAL AND WEST
OF THE LA COSTA GOLF COURSE IN LOCAL FACILITIES
MANAGEMENT ZONE 10.
CASENAME: VILLAGES OF LA COSTA GREENS
APPROVAL OF CARLSBAD TRACT MAP CT 04-09 TO
NEIGHBORHOOD 1.17
CASE NO.: CT 04-09
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
Being a subdivision of Lots 17, 39, 41 and 49 of Carlsbad Tract
No. 99-03 La Costa Greens, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
14543, filed in the office of the County Recorder of San Diego
County February 12,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “R” dated March 16,2005, on file in the Planning Department
VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17 - CT 04-09, as provided by
Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th 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 persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA .GREENS
NEIGHBORHOOD 1.17 - CT 04-09 based on the following findings and
subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
7.
That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable
regulations including the Villages of La Costa Master Plan.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development or Open Space on the
General Plan, in that the site has a General Plan designation of Residential Low
Medium Density (RLM) and surrounding properties are designated as Residential
Low Medium Density (RLM) and Open Space (OS).
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that all lot sizes and dimensions are consistent with the development
criteria of the Villages of La Costa Master Plan and Title 20 of the Carlsbad
Municipal Code.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map the developer is conditioned to obtain any
easements required for the proposed project.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single-family lots with adequate separation to provide
future residents with adequate air circulation within and surrounding any future
residential units.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
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8.
9.
10.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or .their
habitat, in that the proposed development is not within a preserve area of the Habitat
Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan that was evaluated in
Final Program EIR 98-07.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, and Villages of La Costa
Master Plan based on the facts set forth in the staff report dated March 16, 2005
including, but not limited to the following:
‘
a.
b.
C.
d.
e.
Land Use - The project is consistent with the City’s General Plan since the
proposed density is within the density range of 0-4 du/ac specified for the site as
indicated on the Land Use Element of the General Plan, and does not exceed the
number of units permitted in the neighborhood by the Villages of La Costa
Master Plan.
Housing - The project is consistent with the Housing Element of the General
Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa
Master Plan as the developer is required to construct affordable housing
units consistent with the First Amended and Restated Affordable Housing
Agreement (dated 2/21/03) approved for the Villages of La Costa. The
Greens Affordable Apartment Project has been approved and construction is
nearing completion,, and units in that project will satisfy the inclusionary
housing requirements for this project.
Open Space and Conservation - The Open Space Preserve Areas are identified
in the Habitat Conservation Plan, certified Villages of La Costa Master Plan
EIR, and Villages of La Costa Master Plan. The project will not impact the
designated open space and will provide Master Plan trails and connections to
the adjacent neighborhoods as identified in the Villages of La Costa Master
Plan.
Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards and
the Villages of La Costa Master Plan.
PC RES0 NO. 5851 -3 - 8
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11.
12.
13.
14.
15.
16.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 10 and all City public facility policies- and
ordinances. The project includes elements or has been conditioned to construct or
provide fimding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. the project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
have been satisfied by the use of existing parkland credits in addition to the
dedication of land for the future Alga Norte Park.
c. the Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 10.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 10 Local Facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
The Planning Director has determined that:
a. the project is a(n) subsequent activity of the Villages of La Costa Master Plan
for which a program EIR was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [ 1 5 168(c)(2) and (e)]; and
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b. this project is consistent with the Master Plan cited above; and
c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior plan; and
the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
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d.
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist; and
f. all feasible mitigation measures or project alternatives identified in the Villages of
La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
17. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
final map or issuance of a grading permit whichever occurs first.
1.
2.
3.
4.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modi@ all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
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unless the City Council determines that the project without the condition complies with
all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
6. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
7.
8.
9.
10.
11.
12.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in
Planning Commission Resolution No. 5010.
This approval is granted subject to the approval of PUD 04-08 and is subject to all
conditions contained in Planning Commission Resolution No. 5852 for that other
approval incorporated herein by reference.
Developer shall construct the required inclusionary units as stipulated in the First
Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
between Real Estate Collateral Management Company and the City of Carlsbad
concurrent with the project’s market rate units, unless both the final decision making
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13.
14.
15.
authority of the City and the Developer agree within an Affordable Housing Agreement to
an alternate schedule for development.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a
a.
b.
C.
d.
General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements”. as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
SDecial Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
PC RES0 NO. 5851 /A -7-
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e.
f,
€5
h.
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power to
levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions andor to pursue lien foreclosure procedures against any Owner and
hiskier respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
Landscape Material Restrictions: Restrictions to landscape materials adjacent
to conserved'habitat areas shall be as set forth in Exhibit
Invasive/exotic species not to be used include those listed on Lists A and B of the
"Exotic Plants of Greatest Ecological Concern in California" adopted by the
California Exotic Pest Plants Council, October, 1999.
HCP/OMSP Educational Material: Exhibit
and sensitivity of the conserved habitat areas and ways to avoid impact to them.
describes the importance
Liehtine Restrictions on ,Private Residential Lots: Restrictions on lighting within
residential lots adjacent to open space conservation areas shall be as set forth in
Exhibit
16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 10, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
17. Developer shall submit a street name list consistent with the City's street name policy
subject to the Planning Director's approval prior to final map approval
18.
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Prior to the issuance of the grading permit or recordation of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
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19.
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Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map and Planned Unit Development by Resolutions No. 5851 and 5852 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 my
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#1 on file in the Planning Department).
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
Developer shall post aircraft noise notification signs in all sales andor rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
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25.
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Removal of native vegetation and development of Open Space Lots 108 - 115, including
but not limited to fences, walls, decks, storage buildings, pools, spas, stairways. and
landscaping, other than that approved as part of (the grading plan, improvement plans,
biological re-vegetation program, landscape plan, etc.) as shown on Exhibit “B” is
specifically prohibited, except upon written order of the Carlsbad Fire Department for fire
prevention purposes, or upon written approval of the Planning Director, based upon a
request from the Homeowners Association accompanied by a report from a qualified
arboristhotankt indicating the need to remove specified trees and/or plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing
native vegetation the report required to accompany the request shall be prepared by a
qualified biologist.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and Villages of La Costa Master Plan and shall require
review and approval of the Planning Director prior to installation of such signs.
The required recreation area in Neighborhood 1.17 shall obtain approval and begin
construction prior to the occupancy of the first unit, and shall be approved for use
prior to the occupancy of 50% of the units within the subject neighborhood.
Prior to occupancy of any units within Neighborhood 1.17, 2,140 square feet of
temporary or permanent RV storage shall be made available in La Costa Greens
Neighborhood 1.2.
Endneering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a Final Map or Grading
Permit, whichever occurs first.
29.
30.
31.
32.
33 I
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer, shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: sidewalks, street lights, storm drain and water quality
treatment facilities located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within the subdivision.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
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statement on the Final Map (and in the CC&Rs).
Tvpe I1
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within an intersection sight distance corridor
established per Carlsbad Engineering Standards, Volume 1, Chapter 3, Section 8.B.
The underlying property owner shall maintain this condition."
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
FeedAgreements
34.
35.
36.
37.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
associated Poinsettia Lane East Assessment District 2002-1, or the assessments must be
paid in full. Developer shall pay all associated costs of said reapportionment. The
application shall be submitted to the City Engineer with the application for the final map.
This project shall be annexed into City of Carlsbad Street Lighting and
Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building
permits or final map for this project, Developer shall cause Owner to execute an
Agreement to annex the subject property into City of Carlsbad SL&LD #2. The
Agreement shall be in a form approved by the Assistant City Finance Director.
Developer shall pay a11 fees necessary to annex the property into SL&LD #2.
Developer shall execute a standard City of Carlsbad encroachment agreement for
the proposed private streetlights.
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 for the start
of work has been submitted to the State Water Resources Control Board.
39. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a permanent record.
40. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
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Dedicationsflmprovements
41. Developer shall cause Owner to mLe an irrevocable offer o . ,ddication to-the City and/or
other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the Final Map. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
Streets that already public are not required to be rededicated.
42. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to paving, base, signing and striping, sidewalk, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, stormwater quality treatment devices and reclaimed water, to City
standards to the satisfaction of the City Engineer. The improvements are:
‘ a) Street, underground potable water, sewer, storm drain, stormwater quality
treatment devices and reclaimed water within Estrella de Mar Road, Streets
“A”, “B”, “C”, “D”, and “E” and public easements as shown on the Tentative
Map;
b) The Improvements shown on approved city of Carlsbad Drawing numbers
423-7A and 423-7 (Offsite Improvements) shall be installed and operational
prior to the approval of Final Map for this subdivision. If the Offsite
Improvements are not completed, Developer shall post security for the
construction of Offsite Improvements to the satisfaction of the City engineer.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be construed within 18 months of approval of the subdivision or development
improvements agreement or such other time as provided in said agreement.
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Prior to issuance of building permits, Developer shall underground all existing overhead
utilities within the subdivision boundary.
No more than 25 residential building permits within this subdivision shall be issued
until Estrella De Mar is completed between Dove Lane and Poinsettia Lane.
Prior to recordation of a Final Map, Developer shall execute and record a
Development Improvement Agreement and post appropriate security to design and,
install a traffic signal, ultimate intersection striping and signal interconnect at the
intersection of Estrella De Mar and Poinsettia Lane. The Agreement shall be kept
in force and security kept valid for a period of no less than 3 years after the
recordation of the Final Subdivision Map. If prior to the 3 year term of the
Subdivision Improvement Agreement expiring, the City Engineer certifies that
warrants are met the traffic signal shall be installed by Developer.
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46.
47.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
C.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
d.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
Final Map Notes
48. Developer shall show on Final Map the net developable acres for each parcel.
49. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
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A.
B.
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Water
All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. Public street, sewer, water, reclaimed water and storm drain
improvements shown within public streets and easements.
Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
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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.
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 andor joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authoritv capacity charae(s1 prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install (potable water and/or recycled water services) and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
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The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes. Said study shall be submitted concurrently with the
improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
The Developer shall submit a detailed recycled water study, prepared by a
Registered Engineer that identifies the peak demands of the project. The study shall
identify velocity in the main lines and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study
shall be prepared to the satisfaction of the District Engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
62. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
63. 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.
64. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative Map are for planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
65. 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.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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 16th day of March 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
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PLANNING COMMISSION RESOLUTION NO. 5852
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
RESIDENTIAL LOTS AND 9 OPEN SPACE LOTS ON
PROPERTY GENERALLY LOCATED SOUTH OF FUTURE
POINSETTIA LANE, NORTH OF ALGA ROAD, EAST OF EL
CAMINO REAL AND WEST OF THE LA COSTA GOLF
COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 10.
CASENAME: VILLAGES OF LA COSTA GREENS
PUD 04-08 TO SUBDIVIDE 42.4 ACRES INTO 107
NEIGHBORHOOD 1.17
CASE NO.: PUD 04-08
WHEREAS, Morrow Development, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, “Owner,” described as
Being a subdivision of Lots 17, 39, 41 and 49 of Carlsbad Tract
No. 99-03 La Costa Greens, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
14543, filed in the office of the County Recorder of San Diego
County February 12,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “R” dated March 16, 2005, on file in the
Planning Department, VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17 -
PUD 04-08, as provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th 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 persons desiring to be heard, said Commission considered all factors
relating to the Planned Unit Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.17 - PUD 04-08, based on the following findings and
subject to the following conditions:
Findings:
1. That the proposed project complies with all applicable development standards included
within Chapter 21.45, in that the project complies with the required development
standards of the Villages of La Costa Master Plan including lot width, lot area, and
maximum number of residential lots. The project design conforms to all design and
development standards applicable to the property. The development of single-family
homes on minimum 4,500 square foot lots is consistent with the Villages of La Costa
Master Plan and is compatible with adjacent existing and planned land uses.
=
2. That the proposed project’s density and site design are compatible with surrounding
development, in that an existing multi-family residential development and a proposed
townhome/small lot residential development are located to the west of the site which
are similar in character and density.
3. All findings of Planning Commission Resolution No. 5851 for CT 04-09 are incorporated
herein by reference.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a Final Map or issuance of a grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Planned Unit Development.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
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Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to *is approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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.
5. Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Planned Unit Development
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
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6. This approval is granted subject to the approval of CT 04-09 and is subject to all
conditions contained in Planning Commission Resolution No. 5851 for that other
approval.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RES0 NO. 5852 -3- 45
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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 16th day of March 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CAFUSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5852 -4-
The City of Carlsbad Planning Department EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 16,2005
Application complete date: August 20,2004
Project Planner: Saima Qureshy
Project Engineer: Bob Wojcik
SUBJECT: CT 04-09/PUD 04-08 - VILLAGES OF LA COSTA - GREENS
NEIGHBORHOOD 1.17 - Request for a determination that the project is within
the scope of the previously certified Villages of La Costa Program ER and that
the Program EIR adequately describes the activity for the purposes of CEQA; and
a recommendation for approval of a Tentative Tract Map and Planned Unit
Development to subdivide 42.4 acres into 107 residential lots and 9 open space
lots for the Greens Neighborhood 1.17. The project site is generally located south
~ of future Poinsettia Lane, north of Alga Road, east of El Camino Real and west of
the La Costa Golf Course in Local Facilities Management Zone 10.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5851 and 5852
RECOMMENDING APPROVAL of Tentative Tract Map CT 04-09 and Planned Unit
Development PUD 04-08 based on the findings and subject to the conditions contained therein.
11. INTRODUCTION
The proposed project consists of a proposal for a Tentative Tract Map (CT) and Planned Unit
Development (PUD) for Neighborhood 1.17 of the La Costa Greens area of the Villages of La
Costa Master Plan. Neighborhood 1.17 contains 42.4 acres and will be subdivided into 107
residential lots with a minimum lot size of 4,500 square feet and 9 open space lots. A PUD is
required for Neighborhood 1.17 since the proposal includes lots less than 7,500 square feet.
Architectural plans for the residences are not proposed at this time and will require approval at a
future date of a PUD amendment. The project complies with City standards and all necessary
findings can be made for the approvals being requested. The subdivision requires approval by
the City Council since it contains more than 50 residential lots.
111. PROJECT DESCRIPTION AND BACKGROUND
Background
On October 23,2001, the City Council certified the Final Program EIR, approved the Villages of
La Costa Master Plan, a Master Tentative Tract Map and related applications for the Villages of
La Costa project. The Master Plan establishes the permitted uses, development standards, and
design criteria for each neighborhood as well as the development review process to be used.
Master Tentative Tract Map CT 99-03 subdivided the area into open space areas and established
the neighborhood development area boundaries. A final map has been recorded for the La Costa
Greens area. Plans for mass grading and circulation element roadway improvements have been
1
CT 04-09PUD 04-08 - VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17
March 16,2005
Page 2
approved. This mass grading is currently underway, as well as the roadway improvements of
Poinsettia Lane and Alicante Road.
Proiect Description -
The site is generally located south of Poinsettia Lane, north of Alga Road, east of El Camino
Real and west of the La Costa Golf Course within the Villages of La Costa Master Plan and the
Zone 10 Local Facilities Management Plan. Development of the neighborhood requires fbrther
subdivision of the large neighborhood planning area lots created by Master Tentative Tract Map
CT 99-03, along with finish grading for the site and infrastructure improvements. Neighborhood
1.17 is east of El Camino Real and existing multi-family residences and north of Neighborhood
1.16, which will be developed with town homes or with small lots.
Along with the proposed Tentative Tract Map, a PUD is required by the Master Plan to allow for
lots less than 7,500 square feet for the subject neighborhood.
Architectural plans and plotting for the subdivision will require discretionary approval.
However, the Master Plan does allow this review to be deferred to a hture date. To determine
compliance with the provisions of the Master Plan for future plotting and architecture, an
amendment to PUD 04-08 will be required.
IV. ANALYSIS
The project is subject to the following plans, ordinances and standards:
A. Residential Low-Medium Density (RLM - 0-4 ddac) General Plan Land Use
B.
C.
D.
E.
Designation;
Villages of La Costa Master Plan (MP 98-01);
Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code);
Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and
Growth Management Regulations (Zone 10 Local Facilities Management Plan).
The recommendation for approval of this project was developed by analyzing the project’s
consistency with the applicable regulations and policies. The project’s compliance with each of
the above regulations is discussed in detail in the sections below.
A. General Plan
The General Plan designation for Neighborhood 1.17 is Residential Low-Medium Density
(RLM). The RLM designation allows single-family residential development at a range of 0-4 dwelling units per acre (ddac). The Villages of La Costa Master Plan limits the maximum
number of dwelling units for each neighborhood. The density in Neighborhood 1.17 is 2.5 ddac
with 107 units proposed. The average density of all neighborhoods throughout the Greens is
2.70 ddac.
The Villages of La Costa Master Plan was found to comply with all applicable General Plan
Goals, Objectives and Policies including the Housing Element. This project is in conformance
CT 04-09PTJD 04-08 - VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17
March 16,2005
Page 3
with the Master Plan and therefore is also in compliance with the General Plan. The project
complies with Elements of the General Plan as outlined in Table 1 below.
ELEMENT
Land Use
Housing
Open Space &
Conservation
Noise
Public Safety
Circulation
* Thedensityci
TABLE 1 - GENERA
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
Site is designated for RLM at
0.0-4.0 ddac.
Provisions of affordable
housing
Minimize environmental
impacts to sensitive
resources within the City
City Wide Trail Program
Residential exterior noise
standard of 60 CNEL and
interior noise standard of 45
CNEL
Reduce fire hazards to an
acceptable level.
Require new development to
construct roadway
improvements needed to
serve proposed development.
xlations for the Villages of La C
PLAN COMPLIANCE
PROPOSED USES &
IMPROVEMENTS
Single-family lots at 2.96 to
1.91 ddac *
The Master Plan includes
two affordable sites, one of
which has already received
SDP approval and
construction is nearing
completion.
Open space preserve areas
are identified in the HCP,
certified EIR and Master
Plan. These areas are not
proposed for development.
Master Plan trails and
connections to the adjacent
neighborhoods identified in
the plan are included.
Project specific noise study
has identified areas along
Poinsettia Road in
Neighborhood 1.17 that will - require noise barriers.
The project includes
measures such as fire
suppression zones.
The project will construct
COMPLIANCE
Yes
Yes
Yes
Yes
Yes
Yes
Yes
public streets needed to
serve the development.
;ta Master Plan were based on the whole Master Plan
area. The units were then distributed among the neighborhoods and the description of each neighborhood
contains the maximum allowable units. Since the proposed number of units will not exceed the number
identified in the Master Plan, the density of the subject neighborhoods is consistent with the General Plan.
B.
The project is within the La Costa Greens Village of the Villages of La Costa Master Plan. The
Master Plan maps and text define the allowable type and intensity of land uses in each village
Villages of La Costa Master Plan (MP 98-01@))
CT 04-09PUD 04-08 - VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17
March 16,2005
and provides detailed development and design standards, requirements, development phasing and
timing, and the method by which the Master Plan will be implemented.
Compliance with the development and design standards of the Master Plan applicable to
dwelling units will be assessed at a later date through a Planned Unit Development Amendment.
The project complies with the following requirements of the Master Plan as demonstrated in
Table 2 below.
TABLE 2 - VILLA
STANDARD
Street Standard
Trail System
Village Landscape Concept
& Palette
Signs
Affordable Housing
Village Theme Walls
IES OF LA COSTA MASTER PI
REQUIRED
4 ?4 ft. landscaped parkways
between the curb and sidewalk
City wide and Master Plan trails
as shown in the La Costa Greens
Trail and Recreation Plan
(Exhibit 5-5)
Compliance with the landscape
theme tree and plant varieties
Compliance with the design and
location requirements for
neighborhood entry signs
15% of the total number of units
in the Master Plan are to be
affordable
Required along arterial streets
and major collectors
4N REQUIREMENTS
PROPOSED
4 % to 7 % ft. wide landscaped
parkways between the curb
and sidewalk.
Required trails are shown on
the approved master tentative
map.
The Conceptual Landscape
Plans have been found to
comdv with the Master Plan.
Signs comply in design and
location with Section 4.9.2 of
the Master Plan.
This requirement is being
satisfied through the
construction of two multi-
family rental apartment
projects. The SDP for the
180-unit La Costa Greens
apartment project has been
approved allowing for final
maps for a total of 1,020
market-rate units anywhere in
the Master Plan.
Wall design and locations are
shown as part of the
concentual landscane nlans.
The Master Plan designates Neighborhood 1.17 for single-family detached homes. The
minimum lot size and lot width for each neighborhood will be evaluated in the Subdivision
Section of this report. The pad elevations proposed on the tentative tract map substantially
conform with the conceptual grading and lotting study included in the Master Plan.
.-
The Master Plan includes special provisions applicable to specific neighborhoods. The special
provisions applicable to Neighborhood 1.17 include noise attenuation along Poinsettia Lane if
required by a noise analysis, provision of a comon recreation area, landscaping and lighting
compatibility with adjacent open space lots l.H and 1 .I, the provision of a Fire Protection Zone,
and special landscape treatment along Poinsettia Lane.
CT 04-09/PUD 04-08 - VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17
March 16,2005
City Administration
Library
Waste Water Treatment
lot area, and the design of the project so that individual residential lots do not have street
frontage or access to circulation element roads.
=
396.59 sq. ft. Yes
211.6 sq. A. Yes
107 EDU Yes
The project is consistent with and satisfies all requirements of the General Plan, the Villages of .
La Costa Master Plan and Title 21. The minimum required lot size for Neighborhood 1.17 is
4,500 square feet. Each of the proposed residential lots meet the applicable minimum lot area
and lot width required by the Master Plan.
-
Parks
Drainage
The developer will be required to offer various dedications (e.g., drainage easements, street
right-of-way) and install street lights and utility improvements, including but not limited to
curbs, gutters, sidewalks, landscaping, street trees, sewer facilities, drainage facilities, fire
hydrants, and street lights.
0.79 acres Yes
Basin D Yes
E. Growth Management
Circulation
Fire
Open Space
Schools
The subdivision is located within Local Facilities Management Zone 10 in the southeast quadrant
of the City. The impacts on public facilities created by the subdivision, and its compliance with
the adopted performance standards, are summarized in Table 4 below.
1070 ADT Yes
Station No. 2 & 5 Yes
Provided pursuant to the HCP Yes
Carlsbad Unified Elementary - 25 students Yes
Middle School - 13 students
Hi& School - 15 students
TABLE 4 - GROWTH MANAGEMENT COMPLIANCE I STANDARD I IMPACTS /COMPLIANCE I
Sewer Collection System
Water
107 EDU Yes
23.540 GPD Yes
The maximum residential unit allowance in Neighborhood 1.17 is 107 units pursuant to the
Villages of La Costa Master Plan.
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 reviewed here.
CT 04-09PUD 04-08 - VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17
March 16,2005
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 subject neighborhood have been .
completed, incorporated into the project design or are required as conditions of approval for the
project. Mitigation Measure 4.8-1A required an acoustical analysis for certain areas of the
Master Plan to identify all necessary noise control requirements on project plans necessary to
meet the City of Carlsbad interior and exterior noise levels. The required studies were provided
and the plans have incorporated noise walls where appropriate. The EIR 98-07 “Findings of Fact
and Statement of Overriding Considerations” applies to all subsequent projects covered by the
Villages of La Costa Master Plan Final Program EIR.
-
The proposed project 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 for this
project are available at the Planning Department.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Planning Commission Resolution No. 585 1 (CT 04-09)
Planning Commission Resolution No. 5852 (PUD 04-08)
Location Map
Background Data Sheet
Local Facilities Impacts Assessment Form
Disclosure Statement
La Costa Greens Development Plan
Reduced Exhibits
Full Size Exhibits “A” - “R” dated March 16,2005
3a
BACKGROUND DATA SHEET
CASE NO: CT 04-09PUD 04-08
CASE NAME: VILLAGES OF LA COSTA - GREENS NEIGHBORHOOD 1.17 -
APPLICANT: MORROW DEVELOPMENT
REQUEST AND LOCATION: Reauest for a determination that the Droiect is within the scope
of the previously certified Villages of La Costa Program EIR and that the Program EIR
adequately describes the activity for the purposes of CEOA; and a recommendation for approval
of a Tentative Tract Map and’ Planned Unit Development to subdivide 42.4 acres into 107
residential lots and 9 open space lots for the Greens Neighborhood 1.17. The project site is
generally located south of future Poinsettia Lane, north of Alga Road, east of El Camino Real
and west of the La Costa Golf Course in Local Facilities Management Zone 10.
LEGAL DESCRIPTION: Being a subdivision of Lots 17, 39,41 and 49 of Carlsbad Tract No.
99-03 La Costa Greens, in the City of Carlsbad. County of San Diego, State of California,
according; to map thereof No. 14543, filed in the office of the County Recorder of San Diego
County Februarv 12,2003.
APN: 213-111-05,213-112-09,30,23 and 25 Acres: 42.4 ProposedNo. of LotsRJnits: 107
GENERAL PLAN AND ZONING
Land Use Designation: RLM
Density Allowed: 0-4 ddac
Existing Zone: P-C (R-1 Der VLCMP)
Surrounding Zoning, General Plan and Land Use:
Density Proposed: 2.5 ddac
Proposed Zone: N/A
Zoning General Plan
Site P-C FUM
North P-C 0-s
south P-c RMH
East P-C os
West RD-M-Q RLM
Current Land Use
Vacant
Vacant
Vacant
La Costa Golf Course
Multi-Family Residential
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 107
Sewer District: Carlsbad
ENVIRONMENTAL IMPACT ASSESSMENT
Certified Environmental Impact Report, dated October 23,2001 (EIR 98-07)
33
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: CT 04-09PUD 04-08
LOCAL FACILITY MANAGEMENT ZONE: 10 GENERAL PLAN: RLM
ZONTNG: P-C (R-1 per VLCMP)
DEVELOPER’S NAME: Morrow Development
ADDRESS: 1903 Wrinht Place Suite 180 Carlsbad CA 92008
PHONE NO.: 760-929-2701 ASSESSOR’S PARCEL NO.: 213-1 11-05,213-112-09,30.23 and
25
QUANTITY OF LAND USElDEVELOPMENT : 42.4 acres
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities:
Library:
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Demand in Square Footage =
Demand in Square Footage =
Identify Drainage Basin =
Circulation: Demand in ADT =
Fire:
Open Space: Acreage Provided =
Schools: Elementary
Served by Fire Station No. =
Middle
High
Sewer: Demands in EDU
Water: Demand in GPD =
396.59
211.6
107
0.79
1,070
2and5
*m
25 students
13 students
15 students
107
23.540
L. The project is providing the maximum number of units allowed for this neighborhood
pursuant to the Villages of La Costa Master Plan.
34
- City of Carlsbad
DISCLOSURE STATEMENT
.- .I pplicant’s statement or disclosure of certain ownership inteiests on all applications which will requir k iscretionq 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, hternal
organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant’s agent)
Provide the COMPLETE, LEGAL names and addresses of AU persons having a financial
interest in the application. If the applicant includes a cornoration or ~artnershi~, 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 CorpPart Morrow DeveloDment
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Title Title
Address Address 1903 Wrivht Place. Suite 180
Carlsbad. CA 92008
2. OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a cornoration or DartnershiD, include the names, titles, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person CorpPart Real Estate Collateral Manapement
Title Title
Address
Comuanv
Address 1903 Wright Place, Suite 180
Carlsbad. CA 92008
1635 Faraday Dr. Carlsbad, CA 92009-1 576 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
35
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonmofit orpanization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the.
Non Profiflrust Non Profiflrust
Title Title
Address Address
4. Have you had more than $20 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (1 2) months?
0 Yes NO If yes, please indicate person(s):
~
NOTE: Attach additional sheets if necessary.
I ertify th the above information is true 7-w . ._.
Sbture of owner/date
and
Si+e.of applicant/ciate
Fred M. Arbuckle
President of Morrow Development
Print or type name of applicant
\ Agent for RECM; Fred M. Arbuckle
President of Morrow DeveloDment
print or type name of owner
Signature of owner/applicant’s agent if applicable/date
Print or type name of ownedapplicant’s agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
VILLAGES OF LA COSTA GREENS - hfElGHBORHOOD 1.17 LA COSTA LOCATION MAP
37
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Planning Commission Minutes
3. CT 04-09/PUD 04-08 - VILLAGES OF LA COSTA - GREENS
NEIGHBORHOOD 1.17 - Request for a determination that the project is within
the scope of the previously certified Villages of La Costa Program EIR and that
the Program EIR adequately describes the activity for the purposes of CEQA;
and a recommendation for approval of a Tentative Tract Map and Planned Unit
Development to subdivide 42.4 acres into 107 residential lots and 9 open space
lots for the Greens Neighborhood 1.17. The project site is generally located
south of future Poinsettia Lane, north of Alga Road, east of El Camino Real and
west of the La Costa Golf Course in Local Facilities Management Zone 10.
Mr. Neu introduced Item 3 and stated Associate Planner Saima Qureshy would make the Staff
presentation.
Chairperson Segall opened the public hearing on Item 3.
Ms. Qureshy stated that this is a request for approval of a tentative map and Planned Unit
Development for Neighborhood 1.17 of La Costa Greens in Villages of La Costa Master Plan.
The location of the subject neighborhood is south of Poinsettia Lane, north of Alga road, east of
El Camino Real, west of La Costa Resort Golf Course, and is currently being mass graded.
Access to the site will be from Poinsettia Lane, and the main street running through the
subdivision will be Estrella de Mar, which will provide access to neighborhood 1.16 located
south of the subject neighborhood. The project site is a total of 42.4-acres, and the Master Plan
for the Villages of La Costa allows for a total of 107 residential lots for the neighborhood. The
applicant is proposing to create 107 residential lots and 9 open space lots, with the minimum lot
size of 4,500 square feet. Ms. Qureshy stated that the project was analyzed and found to be
consistent with all applicable policies, and also found to be in compliance with the program EIR.
Ms. Qureshy concluded her presentation and stated she would be available to answer any
questions.
Chairperson Segall asked if there were any questions of Staff.
Commissioner Baker asked if the 9 open space lots had any active recreation areas. Ms.
Qureshy stated there is no active recreation lot and that all open space lots are mostly slopes.
She further stated that the Home Owner’s Association (HOA) for the neighborhood would
maintain the open space areas.
Commissioner Montgomery asked how many lots were initially plotted to be in this particular
area other versus what is being presented now. Ms. Qureshy stated the original residential lots
for this neighborhood were 107 and the applicant is proposing 107 lots.
Chairperson Segall asked if there were any other questions of Staff. Seeing none, he asked if
the applicant wished to make a presentation.
Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, opened with stating that the Master
Plan was adopted in 2001 by the City Council and contains the operative guidelines and
development standards for the projects proposed within the area. The location of the site in the
La Costa Greens Village is south of Poinsettia Lane and west of the La Costa Resort Golf
Course. He stated that the proposed small lot subdivision consists of 4,500 square foot lots and
is consistent with the provision of the Master Plan, as well as compatible with the surrounding
land uses, and offers additional housing options to many of the previous neighborhoods. There
is a proposed 1.7-acre recreational lot within the neighborhood, which meets the needs of the
community. The design of the street system incorporates the City’s Livable Street Standards,
Planning Commission Minutes March 16,2005 Page 4
providing landscaping that is amenable to the pedestrian scale. Mr. Henthorn concluded his
presentation and stated he would be available to answer any questions.
Chairperson Segall asked if there were any questions for the applicant.
Commissioner Whitton asked if there were two roads entering and exiting the proposed
neighborhood. Mr. Henthorne stated that this is correct, explaining that one entrance is off
Poinsettia Lane to the north, and another on the Southern property line, which is the main street
through the neighborhood.
Commissioner Dominquez asked if there had been attempts to resolve some of the concerns of
the HOA. Mr. Henthorn stated that he would like to defer that question to the developer, Fred.
Ar bu ckle.
Commissioner Baker asked what the anticipated house size is for this subdivision. Mr.
Henthorn stated that the specific size has not been established; however, there is a lot coverage
maximum that applies to the site and it meets the requirements of the Master Plan.
Commissioner Segall asked if there are any other questions for the applicant.
Mr. Henthorn stated that Mr. Arbuckle would now address Commissioner Dominquez’s
question.
Fred Arbuckle, Morrow Development, Palomar Oaks Road, Carlsbad, stated that he had spoken
with the HOA for the development. Several modifications have been made to the site plan, and
proposed evaluations of the pads have been changed in order to adjust and accommodate
some of the HOA concerns. He stated that installing an ornamentaViron fence at the top of the
property line would not be feasible. He voiced concerns explaining that it is felt there is not a
safety issue, and referenced numerous 2:l slopes throughout the City. Mr. Arbuckle stated that
he believes the HOA is viewing a slope that has not been landscaped, and will be different once
grading has been completed. The grades will be adjusted in some areas of the slope to change
the height, and landscaped with trees and shrubs. He recognizes the concerns of the Staff and
HOA, but feels that the issue will be resolved once the landscaping is complete.
Commissioner Whitton asked if there had been any erosion problems on the slopes as a result
of the recent rains. Mr. Arbuckle stated that he had not been to that particular site, but have
people in the field who regularly patrol the area, further stating that when there are significant
erosion control issues they make modifications. He stated that after mass grading is complete,
they would landscape and repair any minor erosion issues.
Commissioner Cardosa asked if there was a completed landscape plan and if it had been
presented to the HOA. Mr. Arbuckle stated that there is a completed landscape plan, but the
HOA has not requested a presentation. He further stated that the last time he spoke with the
HOA was regarding the site plan, but would be happy to meet with them after the meeting.
Chairperson Segall asked what type of slope was present prior to the current slope, and if it had
been a gradual slope. Mr. Arbuckle stated that the original slope was a different aspect, which
was highly eroded and included several areas with varying terrain. He stated that the current
slope is a logical change, but is a different visual effect for the owners.
Chairperson Segall asked if there were any other questions of the applicant and if there were
any members of the audience who wished to speak on the item.
57
Planning Commission Minutes March 16, 2005 Page 5
Gordon Schmidt, 1975 Swallow Lane, Carlsbad, stated that he owns one of the 50 units that are
adjacent to the proposed site. There are 50 owners and Mr. Schmidt is the Chair of the HOA
Board of Directors. He stated his support for the project and that the HOA does not have any
concerns, except for the existing slope that has been created. Mr. Schmidt stated that several
owners have small children and pets that are concerned with the possibility of injury from a fall.
He stated most of the owners feel that a barrier of 3-4 feet would be appropriate and hopes that
the developer will continue to include the HOA to alleviate the problem.
Chairperson Segall asked if there were any questions.
Commissioner Montgomery stated that there is an original existing area on the property that is
flat with an approximate 3-4 foot slope, and felt that trip hazards already exist. He asked Mr.
Schmidt if this had been an issue in the past, as the gradient of the slopes are the same even
though the height may be different. Mr. Schmidt responded that the height would be 4-6 times
higher than the present slope.
Chairperson Segall asked how many homeowners Mr. Schmidt represents, if all voted to
recommend a wall, and how many agreed with the recommendation. Mr. Schmidt stated that he
represents 50 owners, however there was no vote, and this is a Board of Directors action on
behalf of the owners. Chairperson Segall stated that he had visited the site earlier and noticed
an area leading into the distance that created a feeling of openness. He further stated that a
wall would destroy the existing view. Mr. Schmidt stated that the Board of Directors action was
based on comments of homeowners that live in the lower units, and that the view would not be
impacted as most will be above the 3-4 foot wall. Chairperson Segall then asked Mr. Schmidt
regarding an area to the east and west side that was brown and if this was normal landscaping.
Mr. Schmidt stated that it had been a volleyball court and recently cleared because of the rains.
Chairperson Segall stated that, from a safety perspective for children, this should be more of a
concern than other issues as there are sharp sticks and roots coming out of the ground. Mr.
Schmidt stated that he was not aware that there might be any concerns in this area and would
be happy to look into this further.
Commissioner Whitton asked Mr. Schmidt who had cleared the area. Mr. Schmidt responded
that it was the landscape crew.
Chairperson Segall asked if there were other questions or if any other members of the audience
wished to speak on the item.
Stanley R. Sopczyk, 1954 Swallow Lane, Carlsbad, inquired if a grade had been established for
the final product, as well as rooftop and unit height in relation to the property. In the past, the
grade had been uncertain and he was told the area was being used for construction dumping.
Mr. Sopczyk added for reference, that the slope adjacent to where he resides had previously
been a gradual slope, and is now 2:l. He stated that this is a drastic change in the property.
Chairperson Segall responded that an answer to his question would be addressed after public
testimony.
Chairperson Segall asked if there were any other members of the audience who wished to
speak on the item.
Art Serrin, 4423 Salisbury Court, Carlsbad, stated that his daughter lives in one of the units
adjacent the subject property. Mr. Serrin voiced his concerns on the elevation of the slope,
explaining that he had been told the slope from the condominiums would remain steep so the
rooftops would not be seen. He purchased the unit predicated on the fact that it would have a
pleasant view. After reviewing the site plan, and speaking with Mr. Arbuckle, he had been
assured that this would not happen, but still has concerns. Mr. Serrin requested an answer to
Planning Commission Minutes March 16,2005 Page 6
Mr. Sopczyk’s question as to the established site elevation. Chairperson Segall responded that
Engineering Staff would address the concerns after public testimony.
Chairperson Segall asked if there were any other members of the audience who wish to speak
on this item.
Mr. Arbuckle responded to the issue of the elevation that exists and the one that is proposed in
the tentative map. He stated that the original map proposed had been presented to the HOA,
and the homeowners were informed that there might be minor modifications to accommodate
Engineering concerns. This was the reason for vagueness of the exact elevation. Mr. Arbuckle
stated that the finished roof elevation would be below the pad of the adjacent structure. He
assured that the differences are 30 feet or in excess. The maximum house size allowed by the
Master Plan is two stories and 30 feet. He further stated that because of this, it precludes them
from having the rooftop extend above the pad of the adjacent property. Mr. Arbuckle then
addressed the concern of the changing elevation of the slope by explaining that in the past soil
was needed to accommodate construction for the affordable housing sites. He explained that
soil was borrowed from the area, and that had been moved between the areas frequently. He
explained that this would not affect the final elevations being permitted by the tentative map,
and that approval will give them the ability to establish the final grades. This will ensure at least
30 feet of separation and rooftops will be below the adjacent property.
Chairperson Segall asked if there were any questions for the applicant.
Commissioner Cardosa asked if the adjacent property residents, even though the rooftops
would not exceed the pad level, would still be able to see the rooftops and would it be below the
level line of sight. Mr. Arbuckle apologized for the misunderstanding and confirmed that
homeowners would still be able to see the rooftops, and explained the difficulty of placing
homes below the adjacent property. Mr. Cardosa asked if chimneys might extend slightly above
the level line of site and if a taller individual would still be able to look beyond the ridgeline. Mr.
Arbuckle confirmed that this is correct; however, taller individuals should be able to see well
beyond the structure.
Commissioner Baker asked if the slopes, in most areas, would be 30 feet, 2:l slopes. Mr.
Arbuckle confirmed that this is correct and clarified that it could be greater than 30 feet.
Chairperson Segall asked Bob Wojcik, Deputy City Engineer, if he would like to comment on the
issues relative to the comments made by Mr. Arbuckle on the elevations. Mr. Wojcik stated that
Top0 elevations in the area are consistent with what the applicant has presented as 30+ feet.
He explained some pads would be in excess of 40 feet below the existing structure ground
floors. Chairperson Segall asked if 30 feet is a two-story structure. Mr. Wojcik responded that it
is approximately 20+ feet, with the peak of the roof at 30 feet. Ms. Qureshy added that 30 feet
would be the maximum of the roof. Chairperson Segall asked if it would be less based on a
one-story. Ms. Quresy confirmed that this is correct. Mr. Wojcik stated that there is one area in
the existing development that has a slope of 10-1 5 feet and it is approximately 2:l or steeper.
Chairperson Segall asked if there were any questions of staff.
Commissioner Baker asked for a visual of a 2:l slope. Mr. Wojcik gave an example. At
Chairperson Segall’s request, Mr. Wojcik showed the example to the public. Commissioner
Baker clarified that it was consistent with a right angle triangle.
Chairperson Segall asked if there were any other questions of staff. Seeing none, he closed
public testimony, and asked for motion of approval and to open discussion. Commissioner
Montgomery made a motion, and duly seconded by Commissioner Baker.
59
Planning Commission Minutes March 16,2005 Page 7
DISCUSSION
Commissioner Dominguez stated that he would like to see an effort of mediation concerning the
issue between the developer and HOA. He noted that the applicant met all of the requirements
expected, but stated his hesitation. He further encouraged the HOA to pursue their concerns by
taking a vote of all homeowners, and that it would present a powerful message to the City
Council.
Commissioner Heineman concurred with fellow Commissioner Dominguez stating that the
issues had not been fully addressed. He also stated that the wall might be a desirable feature.
He encouraged the applicant to listen to the wishes of the HOA.
Commissioner Cardosa stated that the change in grading does cause concerns for the HOA,
and encouraged the applicant to maintain communication.
Commissioner Baker stated that she has noticed many steep 2:l slopes without wall throughout
the City. She stated that after reviewing the landscape plan, she does not feel this is a serious
safety concern. Commissioner Baker stated that if the HOA is concerned about safety it
appears to be the HOA responsibility to fence the property, and mentioned that it seems to be
redundant to have a wall at the bottom and top of the slope.
Commissioner Montgomery stated that after looking at the site, he feels there is a concern for a
wall on the property, and there is a significant distance between the homes and the slope. He
mentioned, that if there were any concerns, that the two combined units on the north side might
approach the slope closer than any other on the property. He further stated that he has rarely
seen the Commission act on placing a fence in similar situation, and referenced a home that
was 5 feet away from a similar slope, where the applicant was requested to move a fence from
below and place it above. However, he does feel this applies to the present situation.
Chairperson Segall concurred with fellow Commissioner Montgomery in regards to the distance
between living areas and the slope. After looking at the site and walking the distance, he stated
that it does not appear to be a safety problem. He also stated that a 2:l downward slope is not
large, even though it has momentum. Chairperson Segall disclosed that he served on the
Board of Directors of the Chamber of Commerce with Mr. Arbuckle, and they have not
discussed the issue.
Chairperson Segall closed discussion and asked for a vote of approval.
MOTION
ACTION : Motion by Commissioner Montgomery, and duly seconded by
Commissioner Baker, that the Planning Commission adopt Planning
Commission Resolutions No. 5851 and 5852, recommending approval of
Tentative Tract Map 04-09, and Plan Unit Development 04-08, based on
the findings and subject to the conditions contained therein.
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
NOES: None
ABSTAIN: None
VOTE: 7-0
Heineman, Montgomery, and Whitton
Chairperson Segall closed the public hearing on Item 3 and asked Mr. Neu to introduce the next
item
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, April 19, 2005, to
consider approval of a determination that the project is within the scope of the previously
certified Villages of La Costa Program EIR and that the Program EIR adequately describes the
activity for the purposes of CEQA; and approval of a Tentative Tract Map and Planned Unit
Development to subdivide 42.4 acres into 107 residential lots and 9 open space lots for the
Greens Neighborhood 1.17. The project site is generally located south of future Poinsettia
Lane, north of Alga Road, east of El Camino Real and west of the La Costa Golf Course in
Local Facilities Management Zone 10 and more particularly described as:
Being a subdivision of Lots 17, 39, 41 and 49 of Carlsbad Tract
No. 99-03 La Costa Greens, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
14543, filed in the office of the County Recorder of San Diego
County February 12, 2003
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after Friday, April 15, 2005. If you
have any questions, please call Saima Qureshy in the Planning Department at (760) 602-461 9.
The time within which you may judicially challenge the Tentative Tract Map and/or Planned Unit
Development, if approved, is established by state law and/or city ordinance, and is very short.
If you challenge the Tentative Tract Map and Planned Unit Development in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk,
1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: CT 04-09/PUD 04-08
CASE NAME: VILLAGES OF LA COSTA - GREENS NEIGHBORHOOD 1.17
PUBLISH: April 8, 2005
CITY OF CARLSBAD
CITY COUNCIL
VILLAGES OF LA COSTA - GREENS NEIGHBORHOOD I .I7
CT 04-09/PUD 04-08
April 26, 2005
TO: CITY MANAGER
FROM: Deputy Public Works Director, Engineering Services
VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17 - CT 04-09
The Engineering Department recommends amendment of Resolution 2005-1 15 to eliminate
Condition No. 45 of Planning Commission Resolution No. 5851 and amend Condition No. 42 of
Planning Commission Resolution No. 5851 to include the following:
(c) Traffic signal, ultimate intersection striping and signal interconnect at the
intersection of Estrella De Mar and Poinsettia Lane.
GLENN PRUIM
Deputy Public Works Director,
Engineering Services
PROOF OF PUBLICATION
(2010 4% 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
:North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171:349, 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:
April 08'h, 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This OSth Day of April, 2005
This space is for the County Clerk's Filing Stamp
Proof of Publication of
cordially invited to attend the public hearing.?o ies o the a enda bill will be available on and after Friday April 75 2005. If you have any uestions please cal Saima oureshy in the Planning%epartrnent at (760
Those persons wishing to speak.on this pr osal ar 4 602-461 9.
Signature
Jane Olson
NORTH COUNTY TIMES
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15863 VINCENNES ST
SEPULVEDA CA 91343
CHERWIN TRUST
7610 PRIMAVERA WAY
CARLSBAD CA 92009
STEPHANIE PERSICHETTI
STE G
6911 QUAIL PL
CARLSBAD CA 92009
SCOTT G MILLS
STE E
6911 QUAIL PL
CARLSBAD CA 92009
KIRK RENFRO
STE F
6911 QUAIL PL
CARLSBAD CA 92009
DARIO J MIRANDA
STE H
6911 QUAIL PL
CARLSBAD CA 92009
BRUCE D TRUMPIS
STE D
6913 QUAIL PL
CARLSBAD CA 92009
DIANE C CRONK
STE C
6913 QUAIL PL
CARLSBAD CA 92009
JUDY L SAYER
STE A
6913 QUAIL PL
CARLSBAD CA 92009
ZIEGLER TRUST
1505 LAUREL RD
OCEANSIDE CA 92054 6913 QU
Jam Free Printing
Use Avery@ TEMPLATE 5160@
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1-80040-AVERY -
TRACY BRIMNER
1247 CAMBRIA WAY
ENClNlTAS CA 92024
BRIAN GROVE
STE G
6913 QUAIL PL
CARLSBAD CA 92009
ANTHONY J SPAGNOLO
STE E
6913 QUAIL PL CARLSBAD CA 92009
GEORGE A MILNE ANDREW W HOFMANN GABRIEL B HUNT
STE D STE C STE B
6915 QUAIL PL 6915 QUAIL PL 6915 QUAIL PL
CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009
CHRIS T ADAMS
STE A
6915 QUAIL PL
CARLSBAD CA 92009
RONALD L DELEGGE
4919 OAKTON ST
SKOKIE IL 60077
SONG JIN
STE G
6915 QUAIL PL
CARLSBAD CA 92009
GREGORY JOHNSON
STE A
6919 QUAIL PL
CARLSBAD CA 92009
JOHN M LOWER CORNWELL TRUST
7 SHASTA CT
OCEANSIDE CA 92057 ESCONDIDO CA 92029
7035 ELFIN OAKS RD
RAPHAEL A AULET
STE B
6919 QUAIL PL
CARLSBAD CA 92009
NORMA V CORBIN
745 OCEAN CREST RD
CARDIFF CA 92007
CHARLENE ALESSI
STE D
6919 QUAIL PL
CARLSBAD CA 92009
NORBERT0 PARRA LINDA AMADOR
STE E
6919 QUAIL PL
CARLSBAD CA 92009
SCOTT J GRAHAM
STE C
6921 QUAIL PL
CARLSBAD CA 92009
BARBARA R WALKER
5200 MECKEL WAY
SACRAMENTO CA 95841
STEPHEN J IRMER
STE H
6919 QUAIL PL
CARLSBAD CA 92009
CHRISTOPHER J BYRNE
STE B
6921 QUAIL PL
CARLSBAD CA 92009
6816 XANA
MIKE COVIELLO
STE H
6921 QUAIL PL
CARLSBAD CA 92009
DAVID KULCHIN
3014 GARBOSO ST
CARLSBAD CA 92009
MlRA KO WILLIAM LICKHALTER
STE G STE F
6921 QUAIL PL CARLSBAD CA 92009 CARLSBAD CA 92009
6921 QUAIL PL
STE ROBERT A C LASTUCK
6907 QUAIL PL 6907 Q 6907 QUAIL PL
CARLSBAD CA 92009 C BADCA 92009 CARLSBAD CA 92009
PAUL Ss RUDEWICK
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SHERRY STEC L OLINGER
Jam Free Printing
Use Avee TEMPLATE 5160*
CAROL NEVILLE
STE D
6907 QUAIL PL
CARLSBAD CA 92009
QUYEN V PHAM
STE G
6907 QUAIL PL
CARLSBAD CA 92009
MORGAN C SHEN
6822 MOORHEN PL
CARLSBAD CA 92009
MARK & DEBBIE TANNER
177J SKIMMER CT
CARLSBAD CA 92009
SASKA TRUST
1781 SKIMMER CT
CARLSBAD CA 92009
MORROW DEVELOPMENT
STE 180
1903 WRIGHT PL
CARLSBAD CA 92008
- www.avery.com
1-80040-AVERY - AWRY@ 51600
STEPHEN M KUEHL ANISE OWEN
1810 MEADOWHAVEN CT
ENCINITAS CA 92024 6907
RAY TRUST DUANE T VARNUM 419 AVENIDA CRESPI 6826 MOORHEN PL
SAN CLEMENTE CA 92672 CARLSBAD CA 92009
WATKINS TRUST
PO BOX 131417
CARLSBAD CA 92013
MANZANITA PAR WESTERN PACIFIC HOUSING
STE 11
534 ENCINITAS BLVD
ENCINITAS CA 92024
JACK HENTHORN & ASSOC
STE A
5365 AVENIDA ENCINAS
JOSEPH & NOREEN LEVATINO
22121 MALIBU LANE
HUNTINGTON BEACH CA 92646 CARLSBAD CA 92008
Villages of La Costa –Greens Neighborhood 1.17CT 04-09/PUD 04-08
Location MapALGA RDAVIARAPKWYEL CAMINO REAL
DOVE LNPOINSETTIALNSITEMIMOSA DR
Project Description@42.4 acres@Residential lots permitted –107¾Proposed•107 Residential Lots•9 Open Space Lots@Minimum lot size –4,500 square feet
Analysis@General Plan : Residential Low Density (RLM)@Villages of La Costa Master Plan (MP 98-01)@Planned Development Regulations (21.45 CMC)@Subdivision Ordinance@CEQA –City Council certified EIR 98-07 on October 27, 2001
Recommendation@Planning Commission recommended approval of CT 04-09 and PUD 04-08 to the City Council