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HomeMy WebLinkAbout2006-06-27; City Council; 18625; La Costa Greens Neighborhood 1.16CITY OF CARLSBAD - AGENDA BILL CDcoft CO C•H X!O O ~* CD 4-1 O O 00 O OCN cO•H OCO<D •O(U4JftO-O Uc O O r~~CN O O O OO AB# 18,625 MTG. 6/27/06 DEPT. PLN TITLE: LA COSTA GREENS NEIGHBORHOOD 1.1 6 CT 05-05/CP 05-06 DEPT. HD. y ^C— -A— CITY ATTY£i23^: CITY MGR^2^ RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2006-181 , APPROVING Tentative Tract Map CT 05-05 and Condominium Permit CP 05-06 for La Costa Greens Neighborhood 1.16 as recommended for adoption and approval by the Planning Commission. ITEM EXPLANATION: Project Applications CT 05-05 CP 05-06 Administrative Approvals Reviewed by and Final at Planning Commission To be reviewed - Final at Council X X On April 19, 2006, the Planning Commission conducted a public hearing for an 86-unit airspace condominium project located in Neighborhood 1.16 of the Villages of La Costa Master Plan. Since the Tentative Tract Map and Condominium Permit are for more than 50 units, the Planning Commission has made a recommendation of approval to the City Council for its action. The 11.6 acre site is a previously graded vacant lot located north of Dove Lane and east and west of Estrella de Mar Road. The proposal consists of the subdivision and development of an 86-unit air- space condominium project with 26 buildings, proposed as a mix of duplex, tri-plex and four-plex buildings. The Planning Commission discussed the merits of the project and added a condition for the development to provide a pedestrian access point from the cul-de-sac at the end of the private driveway to Dove Lane. The Commission voted 6-0 (Dominguez absent) to recommend approval of the project to the City Council. A full disclosure of the Planning Commission's discussion for neighborhood 1.16 is in the attached minutes. One neighbor spoke in favor of the project. A complete description and staff analysis of the project is included in the attached report to the Planning Commission. ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master Plan MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential environmental effects of the development and operation of the "Villages of La Costa Master Plan" and associated actions inclusive of the proposed planning area project reviewed here. The City Council certified EIR 98-07 on October 23, 2001. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-07 applicable to the proposed project have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-07 "Findings PAGE 2 OF AGENDA BILL NO. 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. FISCAL IMPACT: No fiscal impacts have been identified. EXHIBITS: 1. City Council Resolution No. 2006-181 2. Location Map 3. Planning Commission Resolutions No. 6073 and 6074 4. Planning Commission Staff Report, dated April 19, 2006 5. Excerpts of Planning Commission Minutes, dated April 19, 2006. DEPARTMENT CONTACT: Barbara Kennedy, (760) 602-4626, bkenn@ci.carlsbad.ca.us 1 RESOLUTION NO. 2006-181 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT 3 MAP AND CONDOMINIUM PERMIT FOR LA COSTA GREENS NEIGHBORHOOD 1.16 FOR THE SUBDIVISION AND 4 DEVELOPMENT OF AN 11.6 ACRE SITE INTO AN 86-UNIT RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON 5 PROPERTY GENERALLY LOCATED ON THE EAST AND WEST SIDES OF ESTRELLA DE MAR ROAD AND NORTH OF DOVE 6 LANE IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: LA COSTA GREENS NEIGHBORHOOD 1.16 7 CASE NO.: CT 05-05/CP 05-06 8 The City Council of the City of Carlsbad, California, does hereby resolve as 9 follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 11 Commission did, on April 19, 2006, hold a duly noticed public hearing as prescribed by law to 12 consider a Tentative Tract Map and Condominium Permit; and 13 WHEREAS, the City Council of the City of Carlsbad, on the 27th day of June , 2006, held a duly noticed public hearing to consider the Tentative Tract Map and Condominium Permit, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 05-05/CP 05-06; and 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California, as follows: 19 20 1 • That the above recitations are true and correct. 21 2. That the recommendation of the Planning Commission for the approval of Tentative Tract Map CT 05-05 and Condominium Permit CP 05-06 is approved by the City 22 Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6073 and 6074, on file with the City Clerk and made a part hereof 23 by reference, are the findings and conditions of the City Council. 24 25 26 27 28 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 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 27th day of June , 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Packard, Sigafoose NOES: None r Kulchin CLAUDE ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- EXHIBIT 2 SITE MAP NOT TO SCALE La Costa Greens Neighborhood 1.16 CT 05-05/CP 05-06 EXHIBITS PLANNING COMMISSION RESOLUTION NO. 6073 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT MAP CT 05-05 FOR AN 3 86-UNIT AIRSPACE CONDOMINIUM PROJECT ON TWO LOTS TOTALING 11.6 ACRES ON PROPERTY GENERALLY 4 LOCATED NORTH OF DOVE LANE, EAST AND WEST OF - ESTRELLA DE MAR ROAD, AND WEST OF THE LA COSTA RESORT GOLF COURSE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 10. CASE NAME: LA COSTA GREENS NEIGHBORHOOD 1.16 7 CASE NO.: CT 05-05 8 WHEREAS, KB Home Coastal, Inc. a California Corporation, 9 "Owner/Developer," has filed a verified application with the City of Carlsbad regarding 10 property described as11 Parcel A: 13 Lot 16 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, 14 according to Map thereof No. 14543, filed in the office of the County Recorder of San Diego County February 12,2003 16 17 Parcel B: 18 Parcel 1 of Parcel Map No. 19754, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the office of the County Recorder of San Diego 20 County June 9,2005 21 ("the Property"); and 22 WHEREAS, said verified application constitutes a request for a Tentative Tract 23 Map as shown on Exhibits "A" - "BB" dated April 19,2006, on file in the Planning Department 24 LA COSTA GREENS NEIGHBORHOOD 1.16 - CT 05-05, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and 27 WHEREAS, the Planning Commission did, on the 19th day of April, 2006, 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 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Tentative Tract Map. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. Q B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of LA COSTA GREENS NEIGHBORHOOD 1.16 - CT 05-05 based on the following findings and subject to the following 10 conditions: 11 Findings; 12 1. The Planning Director has determined that: 13 a. the project is a subsequent activity of the Villages of La Costa Master Plan for 14 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 16 the purposes of CEQA); [15168(c)(2) and (e)]; and 17 b. this project is consistent with the Master Plan cited above; and 18 c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection 1 o with the prior plan; and 20 d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and 21 22 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 23 f. all feasible mitigation measures or project alternatives identified in the Villages of 24 La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 26 2. 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 27 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 28 project is consistent with all regulations governing airspace subdivisions and all PC RESO NO. 6073 -2-7 minimum requirements of Title 20, and has been designed to comply with all other 2 applicable regulations including Title 21 and the Villages of La Costa Master Plan. 3 3. 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 4 General Plan, in that the site has a General Plan Land Use Designation of Residential Medium High Density (RMH) and surrounding properties are designated as Residential Medium-High Density (RMH), Residential Low-Medium Density 6 (RLM), and Open Space (OS). 7 4. 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 8 proposed, in that all required development standards and design criteria of the Villages of La Costa Master Plan and Title 20 of the Carlsbad Municipal Code are incorporated into the project without the need for variances from development 10 standards. 11 5. 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 12 public at large, for access through or use of property within the proposed subdivision, hi that prior to recordation of the final map the developer is conditioned to dedicate all easements required for the proposed project. 14 6. That the property is not subject to a contract entered into pursuant to the Land 15 Conservation Act of 1965 (Williamson Act). 16 7. 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 17 development will consist of two-, three- and four-plex buildings with adequate separation to provide future residents with adequate air circulation within and surrounding any future residential units. 19 8. That the Planning Commission has considered, in connection with the housing proposed 20 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. 22 9. That the design of the subdivision and improvements are not likely to cause substantial 23 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 24 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 and that the site has been previously graded in conjunction with the grading permit issued for CT 99-03. 27 10. That the discharge of waste from the subdivision will not result hi violation of existing California Regional Water Quality Control Board requirements, in that the project has 28 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 PC RESO NO. 6073 -3- project is conditioned to comply with the National Pollution Discharge Elimination 2 System (NPDES) requirements. 3 11. 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 4 Master Plan based on the facts set forth in the staff report dated April 19, 2006 including, but not limited to the following: a. Land Use - The project is consistent with the City's General Plan since the proposed density of Neighborhood 1.15 and 1.16 combined, as proposed by the 7 Villages of La Costa Master Plan, is within the density range of 8-15 du/ac 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. 10 b. 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 13 Greens Affordable Apartment Project has been constructed, and units in that project will satisfy the inclusionary housing requirements for this project. 14 c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan 16 EIR, and Villages of La Costa Master Plan. The project will not impact the designated open space as identified in the Villages of La Costa Master Plan. 17 d. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. 19 e. Circulation - The circulation system is designed to provide adequate access to 20 the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. 21 12. 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 23 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection 24 and treatment; water; drainage; circulation; fire; schooj^; 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, 27 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. 28 PC RESO NO. 6073 -4- b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 2 have been satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park. 3 c. the Public Facility fee is required to be paid by Council Policy No. 17 and will be 4 collected prior to the issuance of building permit. 13. The project has been conditioned to pay any increase in public facility fee, or new 6 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 7 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.8 9 14. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 10. 10 15. That all necessary public facilities required by the Growth Management Ordinance will H be constructed or are guaranteed to be constructed concurrently with the need for them 12 created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management 13 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 14 plan. 16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 16 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. 17 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 , o 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. 20 Conditions: 21 Note: TJnless otherwise specified herein, all conditions shall be satisfied prior to recordation of final map or issuance of a grading permit whichever occurs first.? 23 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 24 implemented and maintained over time, if any of s,uch conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 2* revoke or modify all approvals herein granted; deny or further condition issuance of all 2fi 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 27 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 28 or a successor in interest by the City's approval of this Tentative Tract Map. PC RESO NO. 6073 -5-10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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 3 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4 ^ 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 11 harmless the City of Carlsbad, its Council members, officers, employees, agents, and 12 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 13 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- 14 discretionary, hi 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 16 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 17 validated. 1 O 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 19 the Tentative Map reflecting the conditions approved by the final decision making body. 20 7. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolutions) in a 24" x 36" blueline drawing 21 format. 22 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 24 9. 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 26 that Plan prior to the issuance of building permits. 27 10. This approval is granted subject to the approval of CP 05-06 and is subject to all conditions contained in Planning Commission Resolution No. 6074 for that other approval incorporated herein by reference. PC RESO NO. 6073 -6- 11. Building permits will not be issued for this project unless the local agency providing 2 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 3 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. 12. The Developer shall implement and comply with all applicable mitigation measures 6 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 7 Planning Commission Resolution No. 5010. Q 13. Developer shall construct the required inclusionary units as stipulated in the First 9 Amended and Restated Affordable Housing Agreement (dated February 21, 2003) between Real Estate Collateral Management Company and the City of Carlsbad 10 .concurrent with the project's market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 12 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and 13 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. 16 15. 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 17 project's building, improvement, and grading plans. I O 16. 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 20 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: 22 a. General Enforcement by the City. The City shall have the right, but not the 23 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 24 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right 26 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 27 c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the PC RESO NO. 6073 -7- /* City shall have the right, but not the duty, to perform the necessary maintenance. If 2 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 3 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 6 be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 7 d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, 9 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 10 Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If 13 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 14 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, hi 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, 17 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 « n levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and 20 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth hi Article of this Declaration. 21 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 23 f. Maintenance of Trees; A minimum clearance of 13 feet 6 inches shall be 24 provided between the lowest branches of any £ree canopy and the adjacent paved driveway in order to provide adequate clearance for emergency vehicles. g. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit . 27 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 28 California Exotic Pest Plants Council, October, 1999. PC RESO NO. 6073 -8- , * 1 h. HCP/OMSP Educational Material; Exhibit describes the importance 2 and sensitivity of the conserved habitat areas and ways to avoid impact to them. 3 i. Lighting Restrictions on Private Residential Lots; Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set forth in 4 Exhibit . j. The CC&R's shall include restrictions prohibiting storage of items within the 6 garage that would encroach within the required 20 foot x 20 foot garage space. The garage space shall be available for parking two vehicles. 7 17. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for 9 such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. 10 18. Prior to issuance of building permits, the Developer shall submit to the Planning Director 11 a recorded copy of the Condominium Plan filed with the Department of Real Estate j2 which is in conformance with the City approved documents and exhibits. 13 19. 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 14 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 16 taxes/fees shall be paid at issuance of building permit. If the taxes/fees, are not paid, .this approval will not be consistent with the General Plan and shall become void. 17 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 19 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 20 21. Developer shall submit a street name list consistent with the City's street name policy 21 subject to the Planning Director's approval prior to final map approval. 22 22. Developer shall report, in writing, to the Planning Director within 30 days, any address 23 change from that which is shown on the permit application. 24 23. Prior to the issuance of the grading permit or recordation of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 26 parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Condominium Permit by Resolutions No. 6073 and 6074 on the property. 27 Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any 2° 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 PC RESO NO. 6073 -9- / which modifies or terminates said notice upon a showing of good cause by the Developer 2 or successor in interest. 3 24. 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 hi 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 6 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 7 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. 9 25. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 10 .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. 12 26. Developer shall post a sign hi the sales office in a prominent location that discloses which 13 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 14 27. 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 17 #1 on file in the Planning Department). 1 R10 28. 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 20 Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file hi the Planning Department). 21 29. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be 23 approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 24 30. 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 26 review and approval of the Planning Director prior to installation of such signs. 27 31. All garages shall be equipped with roll-up garage doors. 32. Developer shall dedicate on the final map, an open space easement on all manufactured slopes to prohibit any encroachment or development, including but not limited to fences, PC RESO NO. 6073 -10- _ walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on 2 Exhibit "D". 3 33. Landscaping adjacent to the existing off-site development and open space Areas 1H and 1.1 shall be compatible with the existing native vegetation.4 34. All landscaping and grading in the SDG&E utility easement corridor portions of Open Space Areas l.H and I.I shall meet with the approval of SDG&E. 35. The construction of the required recreation areas in Neighborhood 1.16 shall commence 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.8 9 36. A minimum clearance of 13 feet 6 inches shall be provided between the lowest branches of any tree canopy and the adjacent paved driveway in order to provide 10 adequate clearance for emergency vehicles. 37. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas, community recreation areas and at project entries (if proposed). All lighting shall be designed to reflect downward and avoid any impacts on 13 adjacent homes or property. Lighting shall not illuminate residential areas past the hour of 10:00 p.m. 14 ,, 38. Prior to occupancy of any units within Neighborhood 1.16, 1,720 square feet of temporary or permanent RV storage shall be made available in La Costa Greens 16 Neighborhood 1.2. 17 39. A pedestrian access point shall be provided from the end of the cul-de-sac to Dove Lane, subject to approval of the Planning Director.18 19 Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the 20 approval of this proposed tentative map, must be met prior to approval of a Final Map or Grading Permit, whichever occurs first. 21 General22 __ 40. 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 24 for the proposed haul route. 25 41. 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. 27 42. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 28 recorded document, for maintaining the private easements within the subdivision and all the private improvements: sidewalks, street lights, storm drain and water quality PC RESO NO. 6073 -11- ,. treatment facilities located therein and to distribute the costs of such maintenance in an 2 equitable manner among the owners of the properties within the subdivision. 3 43. There shall be one Final Map recorded for this project. 4 44. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and hi the CC&R's). 6 Type II No structure, fence, wall, tree, shrub, sign, or other object shall be placed or 8 permitted on the subject property within an intersection sight distance corridor established per Carlsbad Engineering Standards, Volume 1, Chapter 3, Section 8.B. 9 The underlying property owner shall maintain this condition. The limits of these sight distance corridors shall be reflected on any improvement, . 1 grading, or landscape plan prepared in association with this development. 12 Fees/Agreements 13 45. 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. 14 46. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding 1, drainage across the adjacent property. 17 47. 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 18 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 20 48. 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 22 map for this project, Developer shall cause Owner to execute an Agreement to annex the subject property into City of SL&LD #2. The Agreement shall be in a form- approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the 24 property into SL&LD #2. 25 49. Developer shall execute a standard City of Carlsbad encroachment agreement for the proposed private street lights. 26 Grading 27 50. 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. PC RESO NO. 6073 -12- .„ 51. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 2 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 3 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. 52. 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. 7 Dedications/Improvements 8 53. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the Final Map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. 11 Streets that already public are not required to be rededicated. 12 54. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire 15 hydrants, street lights, stormwater quality treatment devices and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: 16 a) Construct street, potable water, sewer, storm drain, stormwater quality 1' treatment devices and reclaimed water within Estrella de Mar Road, private lg streets "A," "B," "C," "D" and "E" as shown on the Tentative Map. 19 b) The improvements shown on approved City of Carlsbad Drawing Numbers 397-2H and 397-21 ("the Improvements") shall be substantially complete to 20 the satisfaction of the City Engineer prior to approval of the Final Map. If the Improvements have not been substantially completed to the satisfaction of the City Engineer, the City Engineer may require additional security for 22 the Improvements prior to approval of the Final Map. 23 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 24 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 55 Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary. 27 56. Prior to recordation of the final map, Developer shall prepare and submit a traffic 28 signal warrants analysis for the intersection of Estrella de Mar Road and Poinsettia Lane for 2030 conditions, based on the latest update of the Carlsbad model, to the PC RESO NO. 6073 -13- ,$ /O satisfaction of the City Engineer. Developer acknowledges the necessity of this signal 2 is to serve this project and Developer will bear all costs; associated with the design and construction of this signal, if warrants are met. If indicated by the warrants 3 analysis, Developer shall execute and record a Development Improvement Agreement to design and install and post appropriate security as provided by law, public improvements shown on the site development plan and the following ~ improvements including, but not limited to installation of traffic signals and ultimate intersection striping per City Standards and constructed to the satisfaction 6 of the City Engineer. The improvements consist of: 7 a) Design and construct a new fully actuated traffic signal at the intersection of Estrella de Mar Road and Poinsettia Lane. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security for the design and construction of said improvements. The Agreement shall be kept in force and security kept valid for a period of 5 years after the last building permit has been issued within this development. The traffic 11 signal shall be installed only when written approval is received from the City Engineer. 12 57. 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 15 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 16 the project. At a minimum, the SWPPP shall: 17 a. include all content as established by the California Regional Water Quality Control Board requirements; b. include the receipt of "Notice of Intent" issued by the California Regional Water 19 Quality Control Board; c. recommend source control and treatment control Best Management Practices 20 (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 , 22 d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to emplpyee education on the proper 23 procedures for handling clean up and disposal of pollutants. 24 58. Prior to the issuance of grading permit or building permit, whichever occurs first, 25 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 26 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: PC RESO NO. 6073 -14- a. identify existing and post-development on-site pollutantsTof-conceni; 2 b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 3 c. 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 4 maximum extent practicable before discharging to City right-of-way; ,. d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper 6 procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs hi perpetuity; and 7 f. 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. 9 Final Map Notes 10 59. Developer shall show on Final Map the net developable acres for each parcel. 11 60. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 12 a) All improvements are privately owned and are to be privately maintained with the exception of the following: 14 1. Public street, sewer, water, reclaimed water and storm drain 15 improvements shown within public streets and easements. 16 61. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 62. Geotechnical Caution:18 a) The owner of this property on behalf of itself and all of its successors hi interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 20 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 21 subdivision due to its construction, operation or maintenance. f 22 Special Conditions r\ '63. The Average Daily Trips (ADT) and floor area contained in the staff report and 24 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 25 City of Carlsbad Municipal Code, respectively. 26 Water 27 64. Prior to approval of improvement plans or final map, Developer shall meet with the Fire »8 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 PC RESO NO. 6073 -15- considered public improvements and shall be served by public water mains to the 2 satisfaction of the District Engineer. 3 65. 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. 4 At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. , 66. 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 7 Authority capacity charge(s) prior to issuance of Building Permits. 8 67. 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. 9 68. 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. 69. The Developer shall install (potable water and/or recycled water services) and meters at a 12 location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 13 70. The Developer shall install sewer laterals and clean-outs at a location approved by the 14 District Engineer. The locations of sewer laterals shall be reflected on public _ improvement plans. jg 71. 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 17 Engineer. Proposed public facilities shall be reflected on public improvement plans. 18 72. 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 2Q occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 21 73. 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 hi detail to ensure that 22 adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer.23 _. 74. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands' of the project (including fire 25 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 26 improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. -„ 75. 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 PC RESO NO. 6073 -16- - , oil in the main lines and the required pipe sizes. Said study shall be submitted concurrently 2 with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 3 Code Reminders 4 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 6 76. The tentative map shall expire twenty-four (24) months from the date this tentative map 7 approval becomes final. 77. 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 10 of the City Engineer. 11 78. 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. 14 79. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 15 ,,- 80. 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 17 permit issuance, except as otherwise specifically provided herein. 81. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6073 -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 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of April 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall and Whitton ABSENT: Commissioner Dominguez ABSTAIN: MARTELL B. MONT<fOMERYj CARLSBAD PLANNING CO! 'airperson SSION DONNEU Assistant Planning Director PC RESO NO. 6073 -18- 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, 6074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT CP 05-06 FOR AN 86-UNIT AIRSPACE CONDOMINIUM PROJECT ON TWO LOTS TOTALING 11.6 ACRES ON PROPERTY GENERALLY LOCATED NORTH OF DOVE LANE, EAST AND WEST OF ESTRELLA DE MAR ROAD, AND WEST OF THE LA COSTA RESORT GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: LA COSTA GREENS NEIGHBORHOOD 1.16 CASE NO.: CP 05-06 WHEREAS, KB Home Coastal, Inc. a California Corporation, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as Parcel A: Lot 16 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 and Parcel B: Parcel 1 of Parcel Map No. 19754, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the office of the County Recorder of San Diego County June 9,2005 ("the Property"); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits "A" - "BB" dated April 19, 2006, on file in the Planning Department, LA COSTA GREENS NEIGHBORHOOD 1.16 - CP 05-06, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of April 2006, 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 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Condominium Permit. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of LA COSTA GREENS NEIGHBORHOOD 1.16 - CP 05-06, based on the following findings and subject to the following 10 conditions: 11 Findings; 12 1. That the proposed project complies with all applicable development standards included 13 within Chapter 21.45, in that the project complies with the required development standards of the Villages of La Costa Master Plan and that the Master Plan 14 provides that the Planned Development Ordinance standards (CMC Chapter 21.45) and RD-M development standards shall be used unless otherwise modified in the Master Plan. The project design conforms to all design and development standards lg applicable to the property, including Chapter 21.45, and the development of air space condominium townhomes is consistent with the Villages of La Costa Master 17 Plan and is compatible with adjacent existing and planned land uses. 18 2. That the proposed project's density and site design are compatible with surrounding development, in that existing multi-family condominiums are located to the west of the site, multi-family apartments are located south of the site, and small-lot planned 20 development homes are proposed north of the site. These surrounding uses are similar in character and density to the proposed development. 21 3. All findings of Planning Commission Resolution No. 6073 for CT 05-05 are incorporated 22 herein by reference. 23 Conditions; 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 25 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 27 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 28 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 PC RESO NO. 6074 -2- issued under the authority of approvals herein granted; record a notice of violation on the 2 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 3 or a successor in interest by the City's approval of this Condominium Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections - and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 6 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 7 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. 9 4. If any condition for construction of any public improvements or facilities, or the payment 10 .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. 13 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 16 or indirectly, from (a) City's approval and issuance of this Condominium Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- 17 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. 20 6. This approval is granted subject to the approval of CT 05-05 and is subject to all conditions contained in Planning Commission Resolution No. 6073 for that other 21 approval. 22 NOTICE 23 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." 26 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 27 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. PC RESO NO. 6074 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You are hereby FURTHER NOTIFIED that your right to protest the. specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 19th day of April 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall and Whitton ABSENT: Commissioner Dominguez ABSTAIN: MARTELL B. MONTGOMERYjKiairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PC RESO NO. 6074 -4-37 The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION ©Item No. P.C. AGENDA OF: April 19, 2006 Application complete date: December 5, 2005 Project Planner: Barbara Kennedy Project Engineer: Clyde Wickham SUBJECT: CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA, and a recommendation of approval for a Tentative Tract Map and Condominium Permit for an 86 unit air- space condominium project on two lots totaling 11.6 acres located in the Villages of La Costa Greens Neighborhood 1.16 located on the east and west sides of Estrella de Mar Road, north of Dove Lane, and west of the La Costa Resort Golf Course in Local Facilities Management Zone 10. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6073 and 6074 RECOMMENDING APPROVAL of Tentative Tract Map CT 05-05 and Condominium Permit CP 05-06, based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project consists of a Tentative Tract Map (CT 05-05) and Condominium Permit (CP 05-06) for the development of an 86-unit air-space condominium project on two lots totaling 11.6 acres located within Neighborhood 1.16 of the La Costa Greens area of the Villages of La Costa Master Plan. The project complies with City standards and all necessary findings can be made for the approvals being requested. Since the subdivision contains more than 50 residential units, approval by the City Council is required. III. PROJECT DESCRIPTION AND BACKGROUND Background On October 23, 2001 the City Council certified the Final Program EIR, approved the Master Plan, a Master Tentative Tract Map and related applications for the Villages of La Costa project. The Villages of La Costa Master Plan establishes the permitted uses, development standards, and design criteria for each neighborhood as well as the development review process to be utilized. Master Tentative Tract Map CT 99-03 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. The majority of the mass grading and backbone improvements have been completed and construction of many of the neighborhoods is underway. CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19, 2006 Page 2 Project Description The site is located on the east and west sides of Estrella de Mar Road, north of Dove Lane and west of the La Costa Resort Golf Course within the Villages of La Costa Master Plan. Development of the neighborhood requires further subdivision of the neighborhood planning area lot (Neighborhood 1.16) along with finish grading for the site and infrastructure improvements. The condominium permit is required to review the site design, architecture and plotting of the 86 units. The site is currently being mass graded under the same permit for the Master TM approval. The site includes three tiers of buildable pads. The two upper building pads are located west of Estrella de Mar Road. These pads step down from the existing residential units to the west and were designed so that top of the roof of the proposed buildings will not exceed the pad height of the existing residences to the west. The lower building pad is located between Estrella de Mar Road (east side) and the La Costa Resort Golf Course. The site design includes minor alterations to the mass-grading scheme that refines the project's access points and internal circulation between the middle and upper terraces. Access to the 67 units on the west side of the development area will be from the primary access point on Estrella de Mar Road, via a 30 foot wide private driveway through the project site, to the secondary access point on Dove Lane. Access for the 19 units east of Estrella de Mar Road is via three driveway points that provide access to the units along a common driveway. A landscaped buffer between Estrella de Mar Road and the project driveway will help in screening the garage elevations of the residences on the east side of the road. The 86 air-space condominium units will be configured as two-, three-, and four-plexes. Three floor plans are proposed which range in size from approximately 1,812 to 2,188 s.f. (gross square footage of 2,283 to 2,751 s.f. includes a 2-car garage for each unit). There are a total of 26 buildings plotted throughout the neighborhood, which include 6 duplexes, 6 tri-plexes, and 14 four-plexes. The duplex building is a two-story structure with a height of 29 feet and contains plans 1 and 2. The tri-plex and four-plex buildings contain all three floor plans resulting in a combination of two and three-story units with a maximum building height of 31.5 feet. The buildings will be designed with three complementary architectural styles and each building type will have two of the elevation styles. The styles include Santa Barbara Mediterranean, Spanish Colonial, and Italian/Tuscan. Special attention to detailing has been provided on all sides of the buildings due to the high visibility of the project from a variety of angles. Each residence will have a two-car garage and visitor parking is provided in parking bays or parallel spaces throughout the site. Public parking is also permitted on Estrella de Mar Road, but is not counted towards the required guest parking spaces. The common open space for the project consists of landscaped areas that include both passive and active recreation facilities as well as the landscaped slopes within the project boundaries. These areas contain a variety of recreational features for all age groups including tot-lots, horseshoe pit, turf areas, BBQ areas, and overlook areas oriented toward the golf course. Each unit also contains a private "exclusive use" rear yard area. =?? CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19, 2006 Page 3 IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Residential Medium-High Density (RMH) General Plan Land Use Designation; B. Villages of La Costa Master Plan (MP 98-01); C. Planned Development Regulations D. Residential Density Multiple (RD-M) Zone (Chapter 21.24 of the Carlsbad Municipal Code); E. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and F. 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 Land Use Designation for the project site is Residential Medium-High Density (RMH). The RMH designation allows multi-family residential development at a range of 8-15 dwelling units per acre (du/ac). The RMH range has a Growth Control Point of 11.5 du/ac. Additionally, the Villages of La Costa Master Plan limits the maximum number of dwelling units for each neighborhood. The Master Plan allows 96 units within Neighborhood 1.16 and 86 units are proposed resulting in a gross density of 7.4 du/ac. The Master Plan combined the acreage of the RMH designated properties within the Villages of La Costa Greens (Neighborhood 1.15 and 1.16) to determine the number of units allowed. The units were then shifted at different densities to each of the RMH designated properties. This resulted in the density of Neighborhood 1.16 falling below the RMH range when considered independently of the other RMH site. However, when Neighborhood 1.16 is combined with the adjacent Neighborhood 1.15 project, (as analyzed in the Master Plan) the overall density is 8.7 units/acre, which is within the range associated with the RMH land use designation. The Villages of La Costa Master Plan was found to comply with all applicable General Plan Goals, Objectives and Policies. This project is in conformance with the Master Plan and therefore is also in compliance with the General Plan. The project complies with all Elements of the General Plan as outlined in Table 1 below. 30 CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19,2006 Page 4 TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFI-CATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Site is designated for RMH at8-15du/ac Multi-family 7.41 du/ac units at Yes. When Neighborhood 1.16 is combined with the adjacent Neighborhood 1.15 project, the overall density is 8.7 units /acre which is within the range associated with the RMH land use designation. Housing Provision of affordable housing Affordable housing for projects located with the "Greens" is located within Neighborhood 1.15, al80-unit affordable apartment project that has been constructed. Yes Open Space & Conservation Minimize environmental impacts to sensitive resources within the City Open space preserve areas are identified in the HCP, certified EIR and Master Plan. These areas are not proposed for development. Yes Public Safety Reduce fire hazards to an acceptable level. The project includes measures such as fire suppression zones. Yes Circulation Require new development to construct roadway improvements needed to serve proposed development. The project will construct public improvements needed to serve the development. Yes B. Villages of La Costa Master Plan (MP 98-01(D)) C. Planned Development Regulations (Condominium Permit) D. Residential density-Multiple (RD-M) zone The project is located within the La Costa Greens area of the Villages of La Costa Master Plan. The Master Plan maps and text define the allowable type and intensity of land uses in each village and provides detailed development and design standards, requirements, development phasing and timing, and the method by which the Master Plan will be implemented. The Master 31 CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19,2006 PageS Plan designates Neighborhood 1.16 for either townhomes or single-family detached homes on minimum 3,500 s.f. lots. The subject neighborhood is proposed as an airspace condominium project so there are no minimum lot sizes. Since the units will be developed as attached townhomes, a Condominium Permit is required for the development of this neighborhood. The Master Plan provides that the Planned Development Ordinance standards (CMC Chapter 21.45) and RD-M development standards shall be used unless otherwise modified in the Master Plan. The project's compliance with the development and design standards of the Master Plan, Planned Development Ordinance, and RD-M zone is assessed through the Condominium Permit. The project complies with these requirements as demonstrated in Table 2 below. TABLE 2 VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS/PLANNED DEVELOPMENT REGULATIONS/RD-M ZONE STANDARD REQUIRED PROPOSED Street Standard - Estrella de Mar Road and Dove Lane 4 '/2 ft. landscaped parkways between the curb & sidewalk 4 1/2 ft. wide landscaped parkways between the curb & sidewalk Village Landscape Concept & Palette Compliance with the land- scape theme tree and plant varieties Compliance with the design & location requirements for neighborhood entry signs The Conceptual Landscape Plans have been found to comply with the Master Plan Signs Neighborhood entry signs permitted at the primary entrance on Estrella De Mar Road will be reviewed by separate permit. Sign location complies with Section 4.9.2 of the Master Plan Affordable Housing 15% of the total number of units in the master plan are to be affordable This requirement is being satisfied through the construction of two multi- family rental apartment projects. The 180-unit La Costa Greens affordable apartment project has been constructed allowing for final maps for a total of 1,020 market-rate units anywhere in the Master Plan. Village Theme Walls Required along arterial streets and major collectors Incorporate recesses for landscaping within walls located less than 15 feet from the r.o.w. Wall design and locations are shown as part of the conceptual landscape plans. Recesses are incorporated into the retaining walls along Estrella de Mar Road to reduce the visual monotony of long straight walls. 3s. CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19, 2006 Page 6 TABLE 2 VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS/PLANNED DEVELOPMENT REGULATIONS/RD-M ZONE CONTINUED STANDARD REQUIRED PROPOSED Density Maximum of 96 units; 8-15du/ac 86 units; When Neighborhood 1.16 is combined with the adjacent Neighborhood 1.15 project, the overall density is 8.7 units /acre which is within the range associated with the RMH land use designation. Product Type Townhomes or small-lot SF detached homes Townhomes Minimum Lot Size 3,500 sf N/A Minimum Lot Width 40 feet N/A 20.3% on a project basisLot Coverage (RD-M)60% on a project basis Setbacks (MP):Public or Private Streets: 10' to habitable area 20' setback for garages fronting on a public or private street 20 foot rear yard setback from a public street Slope edge building setback: Motor Court or Driveway: 5 foot setback for garages 8 foot setback for habitable area East property line: 10' minimum West property line: 10' minimum North property line: 5' minimum 10' Building Separation All units are set back 20' or greater from Estrella de Mar and Dove Lane. No units have garages fronting on a public or private street All units are set back 20' or greater from Dove Lane. A 0.7' horizontal to 1' vertical slope edge building setback is provided All units are set back 5' or greater from the private driveways and all habitable areas are set back a minimum of 8' All units are s,et back 43' or greater from;east property line. All units are set back 70' or greater from west property line. All units are set back 12' or greater from north property line. Minimum 10' separation 33 CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19, 2006 Page? TABLE 2 VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS/PLANNED DEVELOPMENT REGULATIONS/RD-M ZONE CONTINUED Parking Resident: 1 covered and 1 uncovered space Visitor Parking: 24 spaces required (5 spaces/for the first 10 du + 1 space/each 4 du) 2-car garage for each unit 33 spaces provided, not including public parking allowed on the adjacent local streets Recreational Vehicle Storage 20 sf/du To be provided in Neighborhood 1.2 prior to approval of building permits. Storage Space 392 cubic feet/unit Provided within the garage spaceKJ LSM>W^ 13,730 sf within 3 recreation areas. Additional passive recreation space provided within overlook areas. Common Recreation Area 100 sf/unit (8,600 sf required) Private Recreation Area 10'x 10'patio or 6'x 10' balcony All units are provided with a 10' x 10' or greater private rear yard area Building Height (MP)Bldg Height: 35' and 3 stories if a min. roof pitch of 3:12 is provided. Duplex (2-story): 29' Triplex (2& 3-story): 31.5' Four-plex (2& 3-story): 31.5' All roof pitches are 3:12 or greater Private Driveways Private driveways serving 10 or more units shall have a minimum width of 24 feet. Private driveways serving 11 or more units shall have a minimum width of 30 feet. The private driveways serving the east side of the development are 24 feet wide The private driveways serving the west side of the development are 30 feet wide Architectural Design (MP)Eight different styles allowed per the Master Plan Santa Barbara Mediterranean, Spanish Colonial, and Italian/Tuscan styles are proposed for the buildings. CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19,2006 PaeeS TABLE 2 VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS/PLANNED DEVELOPMENT REGULATIONS/RD-M ZONE CONTINUED Special Requirements: Special attention shall be given to unit elevations adjoining the existing residences to the west to ensure that a "walled effect" does not arise between new and existing structures. Buildings have been designed in modules of two, three or four units and utilize two and three story elements and include a variety of architectural elements on the rear elevations. The building pads are between 31 and 41 feet lower than the pads of the existing residences to the west. Two-story units with a max. 29-foot height are proposed where pads are less than 35 feet below the pad of the adjacent residences. In addition to the standards listed above, a Residential Architectural Criteria Compliance Table and Building Elevation Design Elements Table are provided as Attachments 10 and 11 of the staff report. These tables illustrate the project's compliance with the architectural standards of the Villages of La Costa Master Plan. E.Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the air- space subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. The project is consistent with and satisfies all requirements of the General Plan, the Villages of La Costa Master Plan and Title 21. All major subdivision design criteria have been complied with and the project is conditioned to install all infrastructure improvements concurrent with development. The developer will be required to offer various dedications (eg., drainage easements, public utility and access easements) and install street lights and utility improvements, including but not limited to curbs, gutters, sidewalks, sewer facilities, drainage facilities, and fire hydrants. The proposed building setbacks will allow for adequate air circulation and the opportunity for passive heating and cooling. { F. Growth Management The proposed project is located within Local Facilities Management Zone 10 in the southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 3 below. CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19, 2006 Page 9 TABLE 3 - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 299 sq. ft. 159.46 sq.ft. 86EDU 0.60 acres Basin D 688 ADT Station No. 2 & 5 Provided pursuant to the HCP Carlsbad Unified Elementary - 7.7 students Middle School - 3.4 students High School - 4.23 students 86EDU 1 8,920 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed 86-unit project is 10 units below the Villages of La Costa Master Plan dwelling unit allowance of 96 units for Neighborhood 1.16. V.ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has 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 (2000) MP 98- PJ. (EIR 98-07), dated July 16, 2001, T & B Planning Consultants, Inc. EIR 98-07 evaluates the potential environmental effects of the development and operation of the "Villages of La Costa Master Plan (2000)" and associated actions inclusive of the proposed neighborhood projects reviewed here. The City Council certified EIR 98-07 on October 23, 2001. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-07 applicable to the proposed Neighborhood have been completed, incorporated into the project design or are required as conditions of approval for the project.—The^IRr98^G7 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Villages of La Costa Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. The total number of Master Plan units evaluated in EIR 98-07 will not be increased, and will be ten (10) residential units below the number allowed by the Master Plan for Neighborhood 1.16. This project is within the scope of Final Program EIR 98-07 and no further CEQA compliance is required. EIR 98-07 is available for review at the Planning Department. CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 April 19, 2006 Page 10 ATTACHMENTS; 1. Planning Commission Resolution No. 6073 (CT 05-05) 2. Planning Commission Resolution No. 6074 (CP 05-06) 3. Location Map 7. Background Data Sheet 8. Local Facilities Impacts Assessment Form 9. Disclosure Statement 10. Residential Architectural Criteria Compliance Table 11. Building Elevation Design Elements 12. Reduced Exhibits 13. Full Size Exhibits "A" - "BB" dated April 19, 2006 BACKGROUND DATA SHEET CASE NO: CT 05-05/CP 05-06 CASE NAME: La Costa Greens Neighborhood 1.16 APPLICANT: KB Home Coastal. Inc. REQUEST AND LOCATION: Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA, and approval for a Tentative Tract Map and Condominium Permit for an 86-unit air-space condominium project on two lots totaling 11.6 acres located in the Villages of La Costa Greens Neighborhood 1.16 located on the east and west sides of Estrella de Mar Road, north of Dove Lane, and west of the La Costa Resort Golf Course in Local Facilities Management Zone 10. LEGAL DESCRIPTION: Lot 16 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 and Parcel 1 of Parcel Map No. 19754, in the City of Carlsbad. County of San Diego, State of California, according to Map thereof filed in the office of the County Recorder of San Diego County June 9, 2005, as File No. 2005-0484203. APN: 213-112-08 &-10 Acres: 11.6 acres Proposed No. of Lots/Units: 86 units GENERAL PLAN AND ZONING Existing Land Use Designation: RMH Proposed Land Use Designation: N/A Density Allowed: 8-15 du/ac Density Proposed: 7.41 du/ac (8.7 du/ac combined density for Neighborhoods 1.15 and 1.16 as approved by the VLC Master Plan) Existing Zone: P-C Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site P-C RMH Vacant North P-C OS Open Space South P-C RMH Multi-family Residential East P-C OS Open Space (Golf Course) West RD-M-Q RMH Multi-family Residential 38Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: CU Yes ^ No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: I I Yes [X] No Coastal Development Permit: [~| Yes IXI No Local Coastal Program Amendment: I I Yes 1X1 No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: LCWD Equivalent Dwelling Units (Sewer Capacity): 86 EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued_ XI Certified Environmental Impact Report, dated October 23. 2001 (EIR 98-07) Other, Revised 01/06 39 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: CT 05-05/CP 05-06 - La Costa Greens Neighborhood 1.16 LOCAL FACILITY MANAGEMENT ZONE: 10 GENERAL PLAN: RMH ZONING: P-C DEVELOPER'S NAME: KB Home Coastal. Inc. ADDRESS: 12235 El Camino Real Ste 100 SD, CA 92130 PHONE NO.: 858-259-6000 ASSESSOR'S PARCEL NO.: 213-1 12-08 & QUANTITY OF LAND USE/DEVELOPMENT (AC., SO. FT., DID: 1 1.6 ESTIMATED COMPLETION DATE: -10 acres A. City Administrative Facilities: Demand in Square Footage = 299 s.f. B. Library: Demand in Square Footage = 159.46 s.f. C. Wastewater Treatment Capacity (Calculate with J. Sewer) 86 EDU D. Park: Demand in Acreage = 0.60 acres E. Drainage: Demand in CFS = 50.5 CFS Identify Drainage Basin = Basin D (Identify master plan facilities on site plan) F. Circulation: Demand in ADT= 688 APT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 2&5 H. Open Space: Acreage Provided = Provided pursuant to HCP I. Schools: Carlsbad Unified Elementary: 7.7 students; Middle School: 3.4 students; High School: 4.23 students (Demands to be determined by staff) J. Sewer: Demands in EDU 86 EDU Identify Sub Basin = LCWD (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 18.920 GPP L. The project is 10 units under the dwelling unit allowance for Villages of La Costa Master Plan Neighborhood 1.16. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part KB Home Coastal. Inc Title Title Address Address 12235 El Camino Real. Ste 100 San Dieao. CA92130 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part KB Home Coastal, Inc Title Title Address Address 12235 El Camino Real. Ste 100 San Dieao. CA92130 1635 Faraday Dr. • Carlsbad, CA 92009-1576 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the. Non Profit/Trust Title Address Non Profit/Trust. Title Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DKI No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Residential Architectural Criteria Compliance Table Villages of La Costa Master Plan fVLCMP) La Costa Greens. Neighborhood 1.16 Table 10 Guideline (VLCMP Reference)Standard Comments Front Building Elevations (4.6.3.B.6) Front building facades shall incorporate a minimum of 4 varieties of design elements to create character and interest to the home. These elements vary depending on the architectural style used. Please refer to the attached "Building Design Element Matrix" and the architectural plans that detail the various design elements incorporated for each front elevation type. All building types and elevation styles comply. Side & Rear Elevations (4.6.3.B.7) Minimum of 2 elements of enhanced architectural detailing incorporating good design is required for side & rear elevations adjacent to public/private roads. Please refer to the "Building Design Element Matrix" and the architectural plans that detail the various design elements incorporated for each side and rear elevation types. All building types and elevation styles comply. Elevations Fronting Circulation Element Roads(4.6.3.A.1.a) Homes adjacent to circulation element roads are required to receive special attention to detailing on the elevation fronting the roads. This will include window detailing equal to or better than that of the front elevation. The introduction of additional wall planes and balconies, where noise standards allow, is encouraged. Please refer to the enclosed architectural plans that detail the various design elements incorporated for each of the proposed elevations. All building types and elevation styles comply. Floor Plans (4.6.3.B.5.C& 4.6.3.B.5.d) Minimum of 3 per neighborhood Minimum of 3 front elevations shall be provided for each floor plan. The proposed project includes three floor plans with three distinctive elevation types within three building types. Please refer to the enclosed architectural plans. Single-Story Units (5.7.3.6.0, 5.7.3.12.0 & 4.6.3.B.4.I) For neighborhoods on ridgelines/hilltops that are visible from a circulation element roadway, at least 20% of the units shall be single-story. Single-story shall be defined as a plateline maximum of 15', (10' preferred). Not Applicable. Neighborhood has not been designated with a ridgeline or hilltop that is visible form a circulation element roadway by the Master Plan. Entries, Front Porches, Courtyards, & Balconies (4.6.3.B.9, 4.6.2.B.2.f& 4.6.2.B.3) 25% of the units must have either a porch at least 5' deep, across 33% of the width of the dwelling, or a courtyard or balcony, whichever is consistent with the architectural style. Porches require a minimum front yard setback of 10'. Porches shall have a minimum depth and length of 5'. A variety of roof elements (gables, shed, etc.) shall be provided over porches. A balcony above a porch may also serve this purpose. The front and sidewall of porches shall be open except for required and ornamental guardrails. These features shall qualify as a plane for the purposes of the architectural guidelines. Buildings on corner lots should consider having the porch wrap around the side of the building. Non-enclosed and non-habitable porches and balconies may encroach up to 5' and 8' respectively into the required front yard setback. Courtyard walls with a maximum height of 42 inches may intrude up to 2' into the required setbacks. 30.2% of the elevations incorporate a front balcony (all elev. styles for the Plan 1) Please refer to the enclosed architecture and site plan for compliance. Reference Chapters 4 and 5 of the "Villages of La Costa Master Plan" for exceptions and/or details about guidelines and standards addressed in the above table. Page 1 Residential Architectural Criteria Compliance Table Villages of La Costa Master Plan (VLCMP) La Costa Greens. Neighborhood 1.16 Guideline (VLCMP Reference)Standard Comments Octagonal or Round Entry Tower (4.6.2.B.3.a) May encroach into the required side setbacks a maximum of 2'. The total length of the encroachment may not exceed 8' and shall be located within the larger side yard. The roof eave may encroach a maximum of an additional 12" into the required setback. A minimum 5' setback must be maintained. None are proposed within the side yard setback. Projections (4.6.2.F.3) Fireplace structures not wider than 8', cornices, eaves, belt courses, sills, buttresses, and other similar architectural features projecting from the building may intrude up to 2' into the required setbacks. No projections extend into the setbacks more than 2' nor are any projections greater than 8' in length. All plans comply. Recreation Parking (4.6.2.B.4.D) Common recreation areas: • Less than 8,000 SF - Do not require off-street parking • "Pocket Parks" - Not required to provide parking • Within a 1/4 mile radius of the units for which they are required to serve shall include 1 space for every 20 units. • More than a 1/4 mile radius from any of the units for which it is required to serve requires parking for those additional units at a rate of 1 space per 15 units. (See VLCMP for alternative recreation parking options) All proposed recreation areas provide the minimum number of parking spaces required. Please refer to the site plan for details. Resident Parking (4.6.2.B.4.a) Minimum 2-car garage with interior measurements of 20' by 20'. Two 1-car garages each having interior measurements of 12' in width by 20' in length may be provided as an alternative. All plan types include a minimum of one 2-car garage with an interior measurement of 20' x 20'. Roofs (4.6.3.B.4.k&4.6.3.B.8) Varied building roof heights and roof massing shall be incorporated into unit designs for each master plan neighborhood. Changes in roof direction shall be provided to create diversity and interest. Roof planes of units located at the top of slopes should attempt to parallel the slope. A variety of roof colors shall be used within each neighborhood. Minimum roof pitch of 3:12 A variety of roof forms and massing are proposed with changes in direction and pitches. See elevations and roof plans for compliance. Colors (4.6.3.B.12) Colors should be consistent with the architectural style selected. Warm, earth tones are preferred, however other color combinations are acceptable depending upon architectural style. Within each neighborhood, a minimum of 3 different exterior color schemes shall be used for each floor plan within the same architectural styles. In all master plan neighborhoods, adjacent units within the same architectural style shall not utilize the same color scheme. However, similar or same colors may occur within different color schemes. "Adjacent" includes units on either side of the subject unit as well as those directly across the street. Please refer to the color and materials boards for details on each color scheme. Accessory Structures (4.6.3.B.3) Patio and accessory structures shall comply with development standards set forth in Section 21.10.050 of the Carlsbad Municipal Code. All plan types comply. Reference Chapters 4 and 5 of the "Villages of La Costa Master Plan" for exceptions and/or details about guidelines and standards addressed in the above table. Section A, Item #8 Page 2 Residential Architectural Criteria Compliance Table Villages of La Costa Master Plan (VLCMP) La Costa Greens. Neighborhood 1.16 Guideline (VLCMP Reference)Standard Comments Architectural Styles Permitted (4.6.3.C & 6.6) Each Neighborhood shall contain one or more of the following Architectural Styles: Santa Barbara Mediterranean Craftsman Bungalow Spanish Colonial Monterey Ranch Italian/Tuscan European Country California Coastal California Contemporary-(Neighborhoods 2.3 & 2.4 only) The elevation types included are as follows: Spanish Colonial Italian/Tuscan Santa Barbara Mediterranean Design Standards (4.6.3.B.4J & 4.6.3.B.5.6) 50% of exterior openings (doors/windows) in the front of each unit shall be recessed or projected a minimum of 2 inches or shall be trimmed with wood or raised stucco. Colored aluminum window frames shall by used (no mill finishes). "Handcrafted" detailing, exposed rafter tails, knee braces and columns shall be used when appropriate to the proposed architectural style. The windows and doors on the front elevations are recessed a minimum of 2" or are trimmed with either wood or raised stucco. Please refer to the enclosed elevations on the architectural plans for compliance. All plans comply. Chimneys (4.6.3.B.11) The chimney and chimney cap shall be in scale with the size of the structure 2-chimney limit for dwelling units on lots less than 7,500 SF. Please refer to the enclosed elevations on the architectural plans for compliance. All chimney and their caps comply with proper scale and proportion. Window Detailing (4.6.3.B.10) The design of the windows shall include one or more of the following features: Deeply recessed windows Paned windows Decorative window ledges Accent and varied shape windows Window boxes and planters with architecturally evident supports Please refer to the enclosed elevations on the architectural plans for compliance. All plans comply. Exterior wood trim surrounds Accent colors on shutters or other elements Arched elements Shutters Raised stucco trim around windows Window lintels Reference Chapters 4 and 5 of the "Villages of La Costa Master Plan" for exceptions and/or details about guidelines and standards addressed in the above table. Section A, Item #8 Page 3 Table 11 o CO La Costa GreensN. 1.1603/15/2006DESIGN ELEMENTS |BUILDING ELEVATION4-PLEX |TRIPLEXXa sQ Spanish ColonialSanta BarbaraMediterraneanItalian/TuscanSanta BarbaraMediterraneani 1 £ § « is •«J u 2 DESIGN ELEMENTSQ VTiy 1 M- Ic£ uT V 1 UH 104 •8iw 1 U-. ie«- <u3 bo =u 1 %in d. £ & •S« 1i. N S s S N S S S S S S. S s s s \ s s a. Variety of Roof Planess s \ s s s s s N s s § •oi£ D1>, 8-uQ J3 S s \ \ s s. \ \ s s s s s s s s s s c. Paned Windows and DoorsS N S S s s s s s.d. Exposed Roof Beams or Rafter TailsS S s s s s s s s s e. Decorative Window LedgesS S S s s s s s s N S s s N 1, Accent Materials such as Stucco,Wood, Siding and StoneS S S s s s \g. Window and Door Lintelsh. DormersS S s s s s s s s N. s s s s \ s s s I. Accent and Varied Shape Windows1. Window Boxes and Planters withArchitecturally Evident SupportsS k. Exterior Wood ElementsS S s s s s s s s s s \ N S s s s s 1Variations in Colors of Stucco andOther Elements\ S S s s \ s s s s s s s s s s s s 1Accent Colors on Doors, Shutters orm' Other Elementsn. Stucco Wainscotingo. Covered BalconiesS S S s s s s s s s s s s s s s s p. Arched ElementsS S s s s s s s N S e 1c« CT" s s \ s s s s s s s s s 1Raised Stucco Trim around Windowsand Doors LOOinoCO * SI Ik, , fio - Snil!!is » 1 | 1 5r| B i hall" illi 1 g s 5 i ii i r- - - • i! u S« 11!hi!i iSHs^ ii!i!!wL 'S'liii> :n 1!'ir 8 , |s|- 5 • • I ' ?• i« \ '\: s"- !!5H IS" !',M B ., !ft!" S . . 5|" ~ 21 1 ; • « ., - 3 H:^ M f5 5 > S » « HI i: : B il •- •-,, -• .. a.O ols in fe if) IcoSE 851 I1!i isi in 13!S? »S If IS * i* *if if- |l P I i « Us i I!. a'- i si «<s si" is li If! 11 ir! fi! 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PH> n 1 S D PL, co O S 3 w 0 n t/5 "J O P^ H < ^ iW -> O ou n n 0 H n n D D Xa Oi CO 9j[i«* S: 5L EH B (3 n n P""™I >•§ 5^|SP o^ <le^^^s oa w D u u w 3 § S Q HS0BBSE) n D D D BB B D D D Planning Commission Minutes April 19,2006 Page? EXHIBIT 5 7. CT 05-05/CP 05-06 - LA COSTA GREENS NEIGHBORHOOD 1.16 - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA, and a recommendation of approval for a Tentative Tract Map and Condominium Permit for an 86-unit airspace condominium project on two lots totaling 11.6 acres located in the Villages of La Costa Greens Neighborhood 1.16 located on the east and west sides of Estrella de Mar Road, north of Dove Lane, and west of the La Costa Resort Golf Course in Local Facilities Management Zone 10. Mr. Neu introduced Item 7 and stated Associate Planner Barbara Kennedy would make the Staff presentation. Chairperson Montgomery opened the Public Hearing on Item 7. Ms. Kennedy made a presentation and stated she would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Commissioner Baker asked if Estrella de Mar Road travels through the project and to the north. Ms. Kennedy stated yes. Commissioner Baker stated her concerns on pedestrian connectivity and trails, since there is an attractive shopping center nearby and places to walk to enjoy the facilities. Chairperson Montgomery asked Commissioner Baker to specify the area she was considering. Commissioner Baker stated near the recreational areas and to travel to Dove Lane. Ms. Kennedy stated she has discussed a few alternatives with the applicant who will show the examples during their presentation. Chairperson Montgomery asked if there were any other questions of Staff. Seeing none, he asked the applicant if he would like to make a presentation. Jack Henthorn, Jack Henthorn & Associates, 5365 Avenida Encinas, Suite A, Carlsbad, gave a presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of the applicant. Mr. Henthorn addressed Commissioner Baker's concerns. He explained that when evaluating the options to provide access for pedestrian use in order to meet ADA regulations, with consideration of the elevation differences in the aforementioned area, approximately 700 feet of ramps and switchbacks would be required to traverse the 40-foot-high slope. This creates problems when considering wall elements that cascade up the slope to build the system. He stated another pedestrian access alternative would be to have a location that is with grade and the right-of-way, and presented a location at the cul-de-sac close to Dove Lane. He stated that the engineers looked at the possibility of extending a connection between the units that would come out on the Dove Lane sidewalk. He recommended creating a connection to Dove Lane that would provide the opportunity to access the commercial services and activities near Dove Lane and El Camino Real. He commented how this would be the practical way of enhancing pedestrian accessibility and would still meet the ADA regulations. Chairperson Montgomery asked if there were any additional questions or comments. Commissioner Baker stated the alternative pedestrian access presented is acceptable and noted how she does not prefer the switchback option. 75" Planning Commission Minutes April19,2006 Page 8 Commissioner Baker asked if trails have to be ADA-compliant. Mr. Henthorn stated that some trails have an ADA requirement, but does not know how this is determined. Commissioner Baker commented on the possibility of making trails out to Dove Lane, instead of pedestrian access points. Commissioner Whitton stated his concerns if the proposed pedestrian access point is appropriate and noted that it could be violating the integrity of the neighborhood, when only a few people may use the pedestrian access point created. Commissioner Baker commented how old fashioned neighborhoods provided these types of access and it did not violate the integrity of neighborhoods. She stated that every opportunity to encourage people to walk is a goal that should be strived for and achieved. Chairperson Montgomery asked if there were any members of the public who wished to speak and opened Public Testimony. Mary Louis Ferris-Martinez stated she lives close to the project. She stated her support in creating pedestrian access areas. Chairperson Montgomery asked if there were any other members of the public who wished to speak on the item. Seeing none, he closed Public Testimony. Chairperson Montgomery asked if there were any other questions of Staff. Commissioner Baker asked for a consensus of the Planning Commission in adding the pedestrian access point as a requirement and including the language in the motion. All Planning Commissioners concurred. MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6073 and No. 6074 recommending approval of Tentative Tract Map CT 05-05 and Condominium Permit CP 05-06, based on the findings and subject to the conditions contained therein, including the additional requirement of a pedestrian access point from the cul-de-sac to Dove Lane and to the satisfaction of the Developer and the Planning Director. DISCUSSION Commissioner Baker stated she likes the project and is pleased with the private frontage driveway and how the trees screen the garage. She stated the rear elevation and architecture will be attractive to people who are on the golf course. She also thanked the developer for considering the pedestrian access. Commissioner Segall concurred with fellow Commissioner Baker. He stated the project is well designed and likes the diversity of the housing architectural types. He stated his appreciation for the developer's efforts in his presentation. Commissioner Whitton stated how this is another fine project presented by the developer and will be a great addition to Carlsbad. Commissioner Heineman stated it is architecturally pleasing and is a fine project. Commissioner Cardosa congratulated the architect and the engineers for taking advantage of great views in such a difficult site to develop. Chairperson Montgomery concurred with fellow Commissioners, specifically Commissioner Baker, on creating more pedestrian connectivity to public places. He stated this is an example of a neighborhood where people will walk with the close access to commercial services. Planning Commission Minutes April 19, 2006 Page 9 VOTE: 6-0 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall, and Whitton NOES: None ABSENT: Commissioner Dominguez Chairperson Montgomery closed the Public Hearing on Item 7 and thanked Staff for their presentations. PROOF OF PUBLICATION (2010 & 2011C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 17th, 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 19th Day of June, 2006 This space is for the County Clerk's Filing Stamp ( j Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of sad, California, ai o:uuSOQ8, to consider a re-e Tract Map and Con-lit airspace condomini- rui<a i i .. .... .rally located on norm w Dove ane, e Zone 10 and more particularly described as:1 1 i Parcel A: Lot 16 of Carlsbad tract No. 99-03 La Cos-ta. Greens, in the City of Carlsbad, County of San • . !-..„ «,_j ,„ „,„ „„(,,„ „, the County Recorder BUZ-tOiM. The time within which YOU may judicially challengethis Tract Map and/or Condominium Permit, if ap-proved, is established by state law and/or city ordi-—11, „,»,», ehnrt if vbu challenge the Tract tauaw .. r..jrto,the, | CASE FILE: CT 05-05/CP 05-06 CA§E NAME: LA COSTA GREENS NEIGHBOR1.16 • • -''"'-. ,._•• 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 6:00 p.m. on Tuesday, June 27, 2006, to consider a request for approval a Tentative Tract Map and Condominium Permit for an 86-unit airspace condominium project on two lots totaling 11.6 acres on property generally located on north of Dove Lane, east and west of Estrella de Mar Road, and west of the La Costa Resort Golf Course in Local Facilities Management Zone 10 and more particularly described as: Parcel A: Lot 16 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; and Parcel B: Parcel 1 of Parcel Map No. 19754, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the office of the County Recorder of San Diego County June 9, 2005. 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 June 23, 2006. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. The time within which you may judicially challenge this Tract Map and/or Condominium Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tract Map and/or Condominium Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 at, or prior to, the public hearing. CASE FILE: CT 05-05/CP 05-06 CASE NAME: LA COSTA GREENS NEIGHBORHOOD 1.16 PUBLISH: June 17, 2006 CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITE MAP La Costa Greens Neighborhood 1.16 CT 05-05/CP 05-06 Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 www.avery.com 1-800-GO-AVERY SAN MARCOS SCHOOL DIST 1 CIVIC CENTER DR SAN MARCOS CA 92069 AVERY® 5160® ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 SCOTT MALLOY - BIASD STE110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD RECREATION SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CLYDE WICKHAM CITY OF CARLSBAD PROJECT PLANNER BARBARA KENNEDY 05/25/2006 fl»09lS AU3AV-OD-008-L Jam and Smudge Free Printing CT OS- 0 S Use Avery® TEMPLATE 5160® \J\^^ 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QUAIL PL CARLSBAD CA 92009 NICHOLAS GIKAS 300 CANTLE LN ENCINITAS CA 92024 MICHAEL P CALIGIURI TR 2151 AVENIDA TORONJA CARLSBAD CA 92009 JORGE CARTAGENA UNITC 6909 QUAIL PL CARLSBAD CA 92009 ANDREW B BOBB PO BOX 927724 SAN DIEGO CA 92192 CORINNE N SCHEIBE UNITE 6909 QUAIL PL CARLSBAD CA 92009 CORNWELL TRUST 7035 ELFIN OAKS RD ESCONDIDO CA 92029 DEBORAH A BLACKBURN UNITG 6909 QUAIL PL CARLSBAD CA 92009 DEBRA M DEMARTINO UNITH 6909 QUAIL PL CARLSBAD CA 92009 JAMES K WARD UNIT A 6911 QUAIL PL CARLSBAD CA 92009 CHERWIN TRUST 7610PRIMAVERAWAY CARLSBAD CA 92009 JEREMIAH D JUSTUS UNITD 6911 QUAIL PL CARLSBAD CA 92009 SCOTT G MILLS UNITE 6911 QUAIL PL CARLSBAD CA 92009 KIRK RENFRO UNITF 6911 QUAIL PL CARLSBAD CA 92009 STEPHANIE PERSICHETTI UNITG 6911 QUAIL PL CARLSBAD CA 92009 DARIOJ MIRANDA UNITH 6911 QUAIL PL CARLSBAD CA 92009 BRUCE DTRUMPIS UNITD 6913 QUAIL PL CARLSBAD CA 92009 ®09is AU3AV-O9-008-1 ®091S *ueqe6 a] a6euD35 e IB aBejjnoaiiue uoissajdiui Jam and Smudge Free Printing Use Avery® 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CA 92009 STEPHEN M KUEHL 697 CYPRESS HILLS DR ENCINITAS CA 92024 MICHAEL FRY UNIT 22 2041 E GRAND AVE ESCONDIDO CA 92027 QUYEN V PHAM UNITG 6907 QUAIL PL CARLSBAD CA 92009 RAY FAMILY LTD 419AVENIDACRESPI SAN CLEMENTE CA 92672 ALPACA PROPERTIES LLC STE 200 4660 LA JOLLA VILLAGE DR SAN DIEGO CA92122 COX COMMUNICATIONS 5159 FEDERAL BLVD SAN DIEGO CA 92105 WARMINGTON HOMES STE 280 701 PALOMAR AIRPORT ROAD CARLSBAD CA 92009 KB HOME COASTAL STE 100 12235 EL CAMINO REAL SAN DIEGO CA92130 JACK HENTHORN & ASSOCIATES STE A 5365 AVENIDA ENCINAS CARLSBAD CA92008 MORROW DEVELOPMENT STE 180 1903 WRIGHT PL CARLSBAD CA 92008 ©cms ®Atl3AV AM3AV-OD-008-1 sBemss e la afiejjnnnnnp iioiccairlim 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 6:00 p.m. on Tuesday, {DATE}, to consider a Tentative Tract Map and Condominium Permit for an 86-unit airspace condominium project on two lots totaling 11.6 acres on property generally located on north of Dove Lane, east and west of Estrella de Mar Road, and west of the La Costa Resort Golf Course in Local Facilities Management Zone 10 and more particularly described as: Parcel A: Lot 16 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; and Parcel B: Parcel 1 of Parcel Map No. 19754, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the office of the County Recorder of San Diego County June 9, 2005. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after {DATE}. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. The time within which you may judicially challenge this Tract Map and/or Condominium Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tract Map and/or Condominium Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 05-05/CP 05-06 CASE NAME: LA COSTA GREENS NEIGHBORHOOD 1.16 PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITE MAP La Costa Greens Neighborhood 1.16 CT 05-05/CP 05-06 1 La Costa Greens La Costa Greens Neighborhood 1.16Neighborhood 1.16 CT 05CT 05--05/CP 0505/CP 05--0606 Location MapLocation Map ALGA RD DOVE LN EL CAMI NO REALEST REL L A D E MAR RDQUAIL PL AVIARA PY SANDPIPER PLTANZANITE DRDOVE LN EL CAMINO REAL  ESTRELLA DE MAR R DAVIARA PY QUAIL PL SANDPIPER PL0400200Feet CT 05-05/CP 05-06 La Costa GreensNeighborhood 1.16 La Costa GreensNeighborhood 1.16 Project Features:Project Features: „„Zone: (PC)/Underlying Zone: RDZone: (PC)/Underlying Zone: RD--MM „„General Plan: RMHGeneral Plan: RMH „„86 units (96 units allowed per Master Plan)86 units (96 units allowed per Master Plan) „„Duplex, triDuplex, tri--plexplex and fourand four--plexplex unitsunits 2 Estrella de Mar Road Do v e La n e Relevant Policies:Relevant Policies: „„General PlanGeneral Plan „„Zoning OrdinanceZoning Ordinance „„Planned Development OrdinancePlanned Development Ordinance „„Villages of La Costa Master PlanVillages of La Costa Master Plan „„Growth ManagementGrowth Management „„Inclusionary Housing OrdinanceInclusionary Housing Ordinance „„CEQACEQA Recommendation:Recommendation: „„Approve CT 05Approve CT 05--05/CP 0505/CP 05--06 06 ––La Costa Greens La Costa Greens Neighborhood 1.16Neighborhood 1.16