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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 X X IO 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 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 15 2c 21 22 23 2L 2: 2( 2; 21 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) -2- EXHIBIT 2 SITE VILLAGES OF LA COSTA GREENS NEIGHBORHOOD I .I7 CT 04-09/PUD 04-08 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ,15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -2- 7 PC RES0 NO. 5851 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ,15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or .their habitat, in that the proposed development is not within a preserve area of the Habitat Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 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 9 PC RES0 NO. 5851 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 * 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 - 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 10 PC RES0 NO. 5851 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 // PC RES0 NO. 5851 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 $15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 5851 -8- 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 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 415 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. 21. 22. 23. 24. Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Planned 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). PC RES0 NO. 5851 /If -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 *15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. 26. 27. . 28. 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 PC RES0 NO. 5851 -10- /5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 $15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /b PC RES0 NO. 5851 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 $15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 43. 44. 45. ... 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. 17 PC RES0 NO. 5851 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 *15 16 17 18 19 20 21 22 23 24 25 26 27 28 46. 47. 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: 18 PC RES0 NO. 5851 -13- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 *15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. B. C. 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. 50. 51. 52. 53. 54. 55. 56. 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. 19 PC RES0 NO. 5851 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 315 16 17 18 19 20 21 22 23 24 25 26 27 28 57. 58. 59. 60. 61. 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. PC RES0 NO. 5851 '15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 *15 16 17 18 19 20 21 22 23 24 25 26 27 28 66. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 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. PC RES0 NO. 5851 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 a15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified 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 PC RES0 NO. 5851 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 -15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 m15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. a4 PC RES0 NO. 5852 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 $15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ‘ 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .15 16 17 18 15 2c 21 22 2: 21 2' 2t 2: 21 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 I I i i q 3 d If 1 43 ! Y j; P 8 ass E E 6 d i 3 a a f f 1 f f 1 1 ! Y h k II II 47 I I. I \ Y $1 111 I 11 _I I Y Y > Y I fII Y 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 Legal Advertising Jgm Free Printing Use Avery@ TEMPLATE 5160@ m www.avery.com 1 -800-GO-AVERY - CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 SANMARCOS CA 92069 SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR SAN DIEGU IT0 SCHOOL DIST 701 ENClNlTAS BLVD TIM JOCHEN ENClNlTAS CA 92024 1960 LA COSTA AVE LEUCADIA WASTE WATER DlST CARLSBAD CA 92009 CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLEC ITOS WATER D I ST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE STE 100 SAN DIEGO CA 92123 9174 SKY PARK CT REGIONAL WATER QUALITY SAN DIEGO CA 92123-4340 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 7575 METROPOLITAN DR CA COASTAL COMMISSION STE 103 SAN DIEGO CA 92108-4402 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING BOB WOJCIK DEPT- PROJECT ENGINEER ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD ENClNlTAS CA 92024 OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD ENClNlTAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I. P. U .A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE B 5201 RUFFIN RD SANDIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHO RlTY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD PROJECT PLANNER SAIMA QURESHY Jam Free Printing Use Avee TEMPLATE 5160@ - www.avery.com - 1 40040-AVERY AWRY@ 5160@ CNLM STE H 425 E ALVARADO ST FALLBROOK CA 92028 REAL ESTATE COLLATERAL M STE 180 1903 WRIGHT PL CARLSBAD CA 92008 K S L LA COSTA RESORT CO 50905 AVENIDA BERMUDAS LA QUINTA CA 92253 SCOTT H STOABS 6947eg CAR .-* TREVOR S ISAACS 6951 SANDPIPER PL CARLSBAD CA 92009 LISA HUANG 1579 DAWSON DR VISTA CA 92081 LINDA F SEIDLER 6959 SANDPIPER PL CARLSBAD CA 92009 SUSAN SHORT 15 RICHARDSON ST LANCASTER NH 03584 31841 VI GARY T SPICER 6957 SANDPIPER PL CARLSBAD CA 92009 JAMES J GASCOYNE 6961 SANDPIPER PL CARLSBAD CA 92009 RICHARD E & L WINDERS 6943 SANDPIPER PL CARLSBAD CA 92009 DWFLTD PO BOX 1475 WINDERMERE FL 34786 GERDING TRUST 759 PACIFIC SURF DR SOLANA BEACH CA 92075 ANTHONY C FABIAN0 6931 SANDPIPER PL CARLSBAD CA 92009 JODY L AGEE STE 21 6945 SANDPIPER PL CARLSBAD CA 92009 CRYSTAL A SANDERSON 6927 SANDPIPER PL CARLSBAD CA 92009 JESSICA E MORELAND 6923 SANDPIPER PL CARLSBAD CA 92009 MICHAEL C FREEBERG 6937 SANDPIPER PL CARLSBAD CA 92009 JANICE ISRAEL GOLDEY TRUS JOSHUA L GARCIA 6918 SANDPIPER PL CARLSBAD CA 92009 ROBERT F SPROWLS 6929 SANDPIPER PL CARLSBAD CA 92009 6925 S CHRISTOPHER D EILERTSON 6930 SANDPIPER PL CARLSBAD CA 92009 RICHARD L STEWART 588 BUENA CREEK RD SAN MARCOS CA 92069 CA KHORRAM-CHAGNON TRUST 3364 AVENIDA NIEVE CARLSBAD CA 92009 PAUL E SKOGERSON 6934 SANDPIPER PL CARLSBAD CA 92009 KRISTA J HAZELETT 6920 SANDPIPER PL CARLSBAD CA 92009 Jam wee rrinang Use Avery@ rEMPIATE 51608 www.avery.com 1-800-CO-AVERY AVERY@ 5160@ KENT THAYER 6928 SANDPIPER PL CARLSBAD CA 92009 DONNA SLATER 6932 SANDPIPER PL CARLSBAD CA 92009 JENNIFER STRYD 6936 SANDPIPER PL CARLSBAD CA 92009 LISA A GlACOMlNI 6950 SANDPIPER PL CARLSBAD CA 92009 THIELE TRUST 6942 SANDPIPER PL CARLSBAD CA 92009 KATHLEEN FUENTES 6938 SANDPIPER PL CARLSBAD CA 92009 TIMOTHY R JAKUBOWSKI 6952 SANDPIPER PL CARLSBAD CA 92009 SUSAN PETERS 6948 SANDPIPER PL CARLSBAD CA 92009 JOHN M TAYLOR 6753 TEA TREE ST CARLSBAD CA 92009 JOHN J MITCHELL 3302 VENADO ST CARLSBAD CA 92009 MARGARET M MUDD 217 CHESTNUT ST PACIFIC GROVE CA 93950 MICHAEL & LISA WALSH 2254 VISTA LANISA CARLSBAD CA 92009 GINA M CLEMENT 6966 SANDPIPER PL CARLSBAD CA 92009 JEFFREY W BALOS 6964 SANDPIPER PL CARLSBAD CA 92009 RICHARD L STEWART 588 BUENA CREEK RD SAN MARCOS CA 92069 THOMAS J KAIFESH 6960 SANDPIPER PL CARLSBAD CA 92009 ELLIOT N YEARSLEY 6968 SANDPIPER PL CARLSBAD CA 92009 DIANE L LEARMONTH 6982 SANDPIPER PL CARLSBAD CA 92009 BADCA 92009 GERALD A CARDELLI 6974 SANDPIPER PL CARLSBAD CA 92009 JOLENE M FARISH 6984 SANDPIPER PL CARLSBAD CA 92009 DONN A & BETH HOLMES 1285 EMERALD SEA WAY SAN MARCOS CA 92078 BRIAN M MATZINGER 6976 SANDPIPER PL CARLSBAD CA 92009 FELIX GARBER :68 504 ESON ST AWN-03-008-L - luwhammnm B CRAIG & NANCY ELLIOTT 901 INADR ALAMO CA 94507 ROBERT MATTIS 1918 SWALLOW LN CARLSBAD CA 92009 Jam Free Prinung Use Avee TEMPLATE 5160Qb - www.avery.com AWW@ 5160Qb 1 -80040-AVERY - TAMRA RUTHERFORD 1914 SWALLOW LN CARLSBAD CA 92009 KATHLEEN E ZICCARELLI 1910 SWALLOW LN CARLSBAD CA 92009 JOHN W BURNETT 1928 SWALLOW LN CARLSBAD CA 92009 ELIZABETH G MALUBAY 1924 SWALLOW LN CARLSBAD CA 92009 ALI & BAHAR DAH1 1920 SWALLOW LN CARLSBAD CA 92009 D & L EDlC 191 6 SWALLOW LN CARLSBAD CA 92009 PERRY H BURNAND STE 201 4407 MANCHESTER AVE ENClNlTAS CA 92024 ELLIOTT R ROSEN 2390 BOTELLA PL CARLSBAD CA 92009 ELLABLANCHE K SALMI 1940 SWALLOW LN CARLSBAD CA 92009 WETTE CISNEROS 1948 SWALLOW LN CARLSBAD CA 92009 MARK D GAUTHIER 1938 SWALLOW LN CARLSBAD CA 92009 D M PARMAN ANNE SPACIE 904 SALEM PL LAFAYETTE IN 47904 ARTHUR X FWMIREZ 1946 SWALLOW LN CARLSBAD CA 92009 GARRETT G SALBATO 1950 SWALLOW LN CARLSBAD CA 92009 STANLEY R SOPCZYK 1954 SWALLOW LN CARLSBAD CA 92009 LORRAINE P THOMPSON 1960 SWALLOW LN CARLSBAD CA 92009 J&EINC 171 7 TIMOTHY PL VISTA CA 92083 KRlS A ROSINSKI 1968 SWALLOW LN CARLSBAD CA 92009 NATASHA KHIMANI 1972 SWALLOW LN CARLSBAD CA 92009 SERRIN TRUST 4423 SALISBURY DR CARLSBAD CA 92008 JULIAN SHIN 1962 SWALLOW LN CARLSBAD CA 92009 DEANNE M CLARK 210 DRAYTON ISLAND RD GEORGETOWN FL 32139 FAGAN TRUST 1970 SWALLOW LN CARLSBAD CA 92009 CAROL SURPRISE 1974 SWALLOW LN CARLSBAD CA 92009 NANCY J SCHUTH 1977 SWALLOW LN CARLSBAD CA 92009 LA RESTCA 92630 DEIRDRE M SlMS 1973 SWALLOW LN CARLSBAD CA 92009 PAULA D BARNES 1969 SWALLOW LN CARLSBAD CA 92009 SWALLOW LANE LTD LlABlLl PO BOX 368 CARLSBAD CA 92018 Jam Free Printing Use Avee TEMPLATE 5160@ B www.avery.com - 1-80040-AVERY AVERY@ 5160@ NORMAN H MEYERS PO BOX 1792 RANCHO SANTA FE CA 92067 PIACARINA LABOS 1979 SWALLOW LN CARLSBAD CA 92009 GORDON J SCHMIDT 1975 SWALLOW LN CARLSBAD CA 92009 CAROLINE M VIS 1971 SWALLOW LN CARLSBAD CA 92009 JEFFREY BRISKIN 1010 WOODLAND DR BEVERLY HILLS CA 90210 CATHERINE BEDFORD 1953 SWALLOW LN CARLSBAD CA 92009 MURIEL F INNIS 1941 SWALLOW LN CARLSBAD CA 92009 JEANETTE M LEWIS 1945 SWALLOW LN CARLSBAD CA 92009 ROBERT C REINHART 1949 SWALLOW LN CARLSBAD CA 92009 ROBERT J FOREMAN 1937 SWALLOW LN CARLSBAD CA 92009 DANNY & KATHY JONES PO BOX 500585 RANCHO SANTA FE CA 92067 TANYA & SCOTT KRATZER 1951 SWALLOW LN CARLSBAD CA 92009 ANNE E DISTEL 1947 SWALLOW LN CARLSBAD CA 92009 CARTER P KATZ 1943 SWALLOW LN CARLSBAD CA 92009 ELAINE R KLAS 1021 WILLOW DR HEMET CA 92543 RAYMOND TASKER STE D 6901 QUAIL PL CARLSBAD CA 92009 DOROTHIE BLETH 3141 AVENIDA TOPANGA CARLSBAD CA 92009 JOSEPH BENDIK 2018 GINNY LN ESCONDIDO CA 92025 SANDRA M COMORRE STE G 6901 QUAIL PL CARLSBAD CA 92009 GABRIEL W WEST RITCHE MARTINEZ 4207 SIERRA MORENA AVE CARLSBAD CA 92008 STEPHEN CRAIG STE F 6901 QUAILPL CARLSBAD CA 92009 MYERS TRUST 645 COLE RANCH RD ENClNlTAS CA 92024 TAMARA THOMPSON 6400 CALMERIA PL CARLSBAD CA 92009 ARLENE M STEPHENSON STE 303 320 SANTA FE DR ENClNlTAS CA 92024 DONALDGFAY STE D 6903 QUAIL PL CARLSBAD CA 92009 LEON B HOPPE STE G a09L5 3lVIdMU &aV Wl 39 fiuww -Jd wer PRISCILLA LO 3133 HATACA RD CARLSBAD CA 92009 CATHERINE M LANGNER 413 CALLE ROBLES SAN CLEMENTE CA 92672 ANTHONY T PlRO 930 BOARDWALK DR SAN MARCOS CA 92078 Jam Free printing Use AverYQb TEMPLATE 51609 - 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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 - @ogLs iiwdwu &w *n lm09LS @Umv UWhaAWMMM - 3’0 6upuw aerd uer A113AWOPOOW 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