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HomeMy WebLinkAbout2006-09-26; City Council; 18744; La Costa Oaks North NeighborhoodsCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 CT 05-14/PUD 05-1 1/CT 05-15/PUD 05-1 2/CT 05- 16/PUD 05-13 DEPT. HEAD CITY ATTY. CITY MGR. 2006-287 APPROVING Carlsbad Tract RECOMMENDED ACTION: That the City Council ADOPT Resolution No. Maps CT 05-14, CT 05-15 and CT 05-16 and Planned Development Permits PUD 05-11, PUD 05-12 and PUD 05-13. ITEM EXPLANATION: Project Applications Negative Declaration CT 05-14/PUD 05-11 CT 05-15/PUD 05-12 CT05-16/PUD05-13 MPA 98-01 (E) Administrative Approvals Reviewed by and Final at Planning Commission X To be reviewed - Final at Council X X X X On August 16, 2006, the Planning Commission conducted a public hearing and recommended approval (6-0 - Commissioner Segal absent) to the City Council of a Negative Declaration and three Tentative Tract maps and three Planned Development permits for 283 residential lots and seven open space lots for Neighborhoods 3.1, 3.3, 3.4 and 3.5 of the Village of La Costa Oaks North Neighborhoods. The project is located on the west side of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street, in Local Facilities Management Zone 11. At the same hearing, the Planning Commission also approved (6-0) a Minor Master Plan Amendment to the Villages of La Costa Master Plan to transfer four dwelling units from Neighborhood 3.3 to 3.1 and for the combining of community recreation facilities for both Neighborhoods 3.1 and 3.3 into Neighborhood 3.1. The approval of the Minor Master Plan Amendment was final at the Planning Commission. The three subdivisions require approval by the City Council since they each contain more than 50 residential lots. Lots in these neighborhoods are a minimum of 5,000 and 6,000 square feet in size. A Planned Development Permit was required because the minimum lot sizes are less than 7,500 square feet. The proposed Tentative Tract Maps resubdivide eight Master Tentative Map lots into 283 residential lots and seven Open Space lots. The development area covers 100.6 acres and is presently being graded. Except for a brief statement from the applicant's representative, no public testimony was offered at the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED O WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES a a aa Page2-La Costa Oaks North Neighborhoods 3.1, 3.3, 3.4 and3.5 CT 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05-16/PUD 05-13 description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed Tentative Tract Maps and Planned Development Permits. FISCAL IMPACT: All public infrastructures required for this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the certified Final Program Environmental Impact Report for the Villages of La Costa Master Plan (2000) MP 98-01 (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 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 Villages of La Costa Oaks Neighborhoods 3.1, 3.3. 3.4 and 3.5 project have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-07 "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 project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-07 and no further CEQA compliance is required. EIR 98-07 is available for review at the Planning Department. GROWTH MANAGEMENT STATUS: Facilities Zone Local Facilities Management Plan Special Facility Fee The 283 unit proposal is 22 units under the allowance of the Villages of La Costa Master Plan. 11 11 None EXHIBITS: 1. City Council Resolution No. 2006-287 2. Location Map 3. Planning Commission Resolutions No. 6146, 6147, 6148, 6149, 6150 and 6151 4. Planning Commission Staff Report, dated August 16, 2006 5. Draft Excerpts of Planning Commission Minutes, dated August 16, 2006. DEPARTMENT CONTACT: Van Lynch 760-602-4613 vlvnc@ci.carlsbad.ca.us 1 RESOLUTION NO. 2006-287 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT 3 MAPS CT 05-14, CT 05-15, AND CT 05-16 AND PLANNED DEVELOPMENT PERMITS PUD 05-11, PUD 05-12 AND PUD 4 05-13 TO SUBDIVIDE 100.6 ACRES INTO 283 RESIDENTIAL LOTS AND SEVEN OPEN SPACE LOTS WITHIN THE 5 VILLAGES OF LA COSTA OAKS NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 LOCATED WEST OF RANCHO SANTA FE ROAD,6 SOUTH OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 11. 7 CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD 3.1, 3.3, 3.4 AND 3.5 8 CASE NO.: CT 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05- 16/PUD05-13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 16, 2006, hold a duly noticed public hearing as prescribed by law to consider 12 three Tentative Tract Maps and three Planned Development Permits; and 13 WHEREAS, the City Council of the City of Carlsbad, on the 26th day of 14 September , 2006, held a duly noticed public hearing to consider said Tentative Tract Maps and Planned Development Permits and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Tentative Tract Maps (CT 05-14, CT 05-15, and CT 05-16) and Planned Development Permits 18 (PUD 05-11, PUD 05-12, and PUD 05-13); and 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 20 California, as follows: 21 1. That the above recitations are true and correct. 22 2. That the findings and conditions of the Planning Commission as set forth in 23 Planning Commission Resolutions No. 6146, 6147, 6148, 6149, 6150 and 6151 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City 24 Council. 25 3. That the application for three Tentative Tract Maps and three Planned 26 Development Permits on property generally located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street is approved as shown in Planning Commission 27 Resolutions No. 6146, 6147, 6148, 6149, 6150 and 6151. 28 3 1 4. 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" 2 shall apply: 3 "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." 12 13 14 15 16 17 18 19 20 21 22 23 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of September, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LDjJ LOkfeAINE M. WOODTCity Clerk (SEAL) EXHIBIT 2 SITEMAP NOT TO SCALE VILLAGES OF LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 CT 05-14/PUD 05-11 SITEMAP NOT TO SCALE VILLAGES OF LA COSTA OAKS NO. P.A. 3.3 CT 05-157 PUD 05-12 SITEMAP NOT TO SCALE VILLAGES OF LA COSTA OAKS NO. P.A. 3.4 AND 3.5 CT 05-167 PUD 05-13 EXHIBITS PLANNING COMMISSION RESOLUTION NO. 6146 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 05-14 TO 3 SUBDIVIDE 27.8 ACRES INTO 80 RESIDENTIAL LOTS, ONE RECREATION LOT AND TWO OPEN SPACE LOTS ON 4 PROPERTY GENERALLY LOCATED WEST OF RANCHO , SANTA FE ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN LOCAL FACILITIES 6 MANAGEMENT ZONE 11. CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD 7 3.1 CASE NO.: CT 05-148 9 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 Lots 205 and 215 of the City of Carlsbad Tract CT 99-04-03, , 2 Villages of La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according 13 to Map No. 15318 filed in the Office of the San Diego County Recorder on April 18,2006, as File Number 2006-0271049 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "M" dated August 16, 2006, on file in the Planning 18 Department, LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 - CT 05-14, as provided by 19 Chapter 20.12 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 16th day of August, 2006, 21 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 25 relating to the Tentative Tract Map. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 - CT 05-14, based on the following findings and subject to the following conditions: Findings; 6 1. That the proposed map and the proposed design and improvement of the subdivision as 7 conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State ° Subdivision Map Act, and will not cause serious public health problems, in that the lots o being created satisfy all minimum requirements of Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable 10 regulations including the Villages of La Costa Master Plan. 11 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development or as open space on the General Plan, in that the site has a General Plan Land Use designation of Residential Low-Medium (RLM) or Open Space (OS). 14 3. 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 15 proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Villages of La Costa Master Plan. 17 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. -< 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or 23 natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to provide residents with adequate air circulation within and surrounding any future ~~ residential units. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 27 against the public service needs of the City and available fiscal and environmental resources. 28 PCRESONO. 6146 -2- 8. That the design of the subdivision and imprqyements are not likely to cause substantial 2 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 3 Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in 4 Final Program EIR 98 -07. 9. That the discharge of waste from the subdivision will not result in violation of existing 5 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality 7 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 8 System (NPDES) requirements. Q 10. The Planning Commission finds that the project, as conditioned herein, is in 10 conformance with the Elements of the City's General Plan and Villages of La Costa Master Plan based on the facts set forth in the staff report dated August 16, 2006, 11 including, but not limited to the following: 12 a. Land Use - The project is consistent with the City's General Plan since the proposed density is within the density range of 0-4 du/acre specified for the 14 site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2 du/acre as well as not exceeding the number of 15 units permitted by the Villages of La Costa Master Plan. b. Housing - The project is consistent with the Housing Element of the General 17 Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master Plan. The developer is required to construct affordable housing units 18 consistent with the First Amended and Restated Affordable Housing Agreement (dated 2/21/03) approved for the Villages of La Costa. The Greens Affordable Apartment Project has been constructed and occupied 20 and the Oaks Affordable Apartment project has been approved and grading is ongoing. Those projects will satisfy the inclusionary housing requirements 21 for this project. X 22 c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan EIR 98-07, and Villages of La Costa Master Plan. The project will not impact 24 the designated open space and will provide Master Plan trails and trail connections to the adjacent neighborhoods as identified in the Master Plan. 25 d. Noise - A project-specific noise study prepared for the Tentative Map identified an area requiring a six-foot-high noise wall which is shown on the 27 project plans in conformance with the recommendations of the noise study. With the noise wall, the noise standards will be met. 28 PC RESO NO. 6146 -3- e. Public Safety - The project includes fire suppression zones, fire-resistive 2 construction techniques, and fire sprinklers for selected homes to reduce fire hazards to an acceptable level. 3 f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and r the Villages of La Costa Master Plan. 6 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11, and all City public facility policies and 7 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 9 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. 10 Specifically, a. The project has been conditioned to provide proof from the Encinitas Unified 19 and San Dieguito Unified School Districts that the project has satisfied its obligation for school facilities. 13 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 14 will be collected prior to issuance of building permit or be satisfied by the use of . <- existing parkland credits in addition to the dedication of land for the future Alga Norte Park site. 16 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 17 collected prior to the issuance of building permit. *° 12. The project has been conditioned to pay any increase in public facility fee, or new jo construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 20 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. 21 13. This project has been conditioned to comply with any requirement approved as part of the 22 Local Facilities Management Plan for Zone 11. 23 14. That all necessary public facilities required by the Growth Management Ordinance will 24 be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that 25 improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management " Plan and the project will comply with the general and special conditions of the zone ~~ plan. 28 PCRESONO. 6146 -4- 15. That the project is consistent with the Cityjs. Landscape Manual (Carlsbad Municipal 2 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. 3 16. The Planning Director has determined that: 4 a. The project is a subsequent activity of the Villages of La Costa Master Plan (MP 98-01) for which a program EIR was prepared, and a notice for the activity 5 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 7 activity for the purposes of CEQA [15168(c)(2) and (e)]. o b. This project is consistent with the Master Plan cited above. 9 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection 10 with the prior plan. 11 d. The project has no new significant environmental effect not analyzed as 1.» significant in the prior EIR. 13 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 14 f. All feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07, which are appropriate to this 16 Subsequent Project, have been incorporated into this Subsequent Project. 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 18 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. 2Q Conditions: 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or grading permit, whichever occurs first. "*• 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 24 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 25 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 27 conditions, or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 28 PCRESONO. 6146 -5- Staff is authorized and directed to make, or reguire 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 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 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 14 nondiscretionary, 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 16 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 1 O 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- making body. 20 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Unified and San Dieguito Unified School Districts that this project has satisfied its obligation to provide school facilities. 23 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to 24 that Plan prior to the issuance of building permits. 25 9. Building permits will not be issued for this project unless the local agency providing 26 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 27 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. PCRESONO. 6146 -6- 10. The Developer shall implement and comply, with all applicable mitigation measures 2 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 3 Planning Commission Resolution No. 5010. 11. This approval is granted subject to the approval of MP 98-01(E) and PUD 05-11 and is subject to all conditions contained in Planning Commission Resolutions No. 6145 and 6147 for those other approvals incorporated herein by reference. 6 12. Developer shall construct the required inclusionary units as stipulated in the First ' Amended and Restated Affordable Housing Agreement (dated February 21, 2003) o between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project's market rate units, unless both the final decision-making 9 authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 10 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 13 condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the . e landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 16 15. Developer shall establish a homeowner's association and corresponding covenants, 17 conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official 19 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: 20 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 22 of, or in which the City has an interest. 23 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 24 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 26 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 27 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with PCRESONO. 6146 -7- particularity the maintenance which the City finds to be required and requesting the 2 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 3 maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the r Owners as provided herein. 6 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, 7 the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the 9 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 10 the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, , 2 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may 13 pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other 14 rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to 17 levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in , 9 accordance with the procedures set forth in Article of this Declaration. 20 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 21 f. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit 23 .. g. HCP/OMSP Educational Material; Exhibit describes the importance 24 and sensitivity of the conserved habitat areas and ways to avoid impact to them. 25 h. Lighting Restrictions on Private Residential Lots; Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set forth in Exhibit 27 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by PCRESONO. 6146 -8- Carlsbad Municipal Code Section 5.09.040.- Developer shall also pay any applicable 2 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 3 approval will not be consistent with the General Plan and shall become void. 17. Developer shall submit a street name list consistent with the City's street name policy - subject to the Planning Director's approval prior to final map approval. 6 18. Prior to the issuance of the grading permit or recordation of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and a Planned Unit Development by Resolutions No. 6146 and 6147 on the 9 property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any 10 conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer 19 or successor in interest. 13 19. 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, 1 - then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the 16 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 17 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. 19 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 20 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. 22 21. Developer shall post a sign in the sales office in a prominent location that discloses which 23 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 24 22. 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 26 may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and the City Attorney (see Noise 27 Form #1 on file in the Planning Department). 28 PCRESONO. 6146 -9- 23. Any signs proposed for this development shalj at a minimum be designed in conformance 2 with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. 3 24. The required recreation area on lot 81 shall obtain approval and begin construction 4 prior to the occupancy of the first unit of either Neighborhoods 3.1, 3.3, 3.4, or 3.5, c whichever occurs first, and shall be approved for use prior to the occupancy of 50% of the units within either Neighborhoods 3.1,3.3,3.4, or 3.5. 6 25. Street lights for the project shall be selectively placed, shielded, or directed away 1 from conserved habitat areas. The street improvement plans shall provide shielded lights in proximity to habitat preserve areas to minimize light impacts. o 9 26. Prior to occupancy of any units within Neighborhood 3.1, temporary or permanent RV storage shall be made available in La Costa Oaks Neighborhood 3.2. 10 Engineering11 12 General 13 27. 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 14 for the proposed haul route. 28. Prior to issuance of any building permit, Developer shall comply with the requirements of 16 the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 17 29. Developer shall provide to the City Engineer an acceptable means, CC&Rs, and/or other * recorded document, for maintaining the private easements within the subdivision and all in the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner 20 among the owners of the properties within the subdivision. 21 30. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City*Engineer. 23 31. There shall be one Final Map recorded for this project. 24 32. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). 26 Type I 27 "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a 2° sight distance corridor in accordance with Villages of La Costa Master Plan PCRESONO. 6146 -10- MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain 2 this condition." 3 Type II "No obstructions shall conflict with or impede the line-of-sight as established per City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall, ~ tree, shrub, sign, or other object shall be placed or permitted on the subject property within such sight distance corridors. The underlying property owner shall 6 maintain this condition." 7 The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. o o, Fees/Agreements 10 33. 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. 34. 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 13 drainage across the adjacent property. 14 35. Developer shall cause property owner to execute, record, and submit a recorded copy to the City Engineer a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: 17 A. Clearly delineate the limits of the drainage course. 1 ° B. State that the drainage course is to be maintained in perpetuity by the underlying property owner. 20 C. State that all future use of the property along the drainage course will not restrict, impede, divert, or otherwise alter drainage flows in a manner that will result in 21 damage to the underlying and adjacent properties or the creation of a public nuisance. 23 36. 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 24 map for this project, Developer shall cause Owner to execute an Agreement to annex the subject property into City of Carlsbad SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary 2/- to annex the property into SL&LD #2. 27 37. Prior to approval of the first final map, the developer shall enter into a Prepayment Agreement with the City for prepayment of the developer obligation for the funding to improve Rancho Santa Fe Road, which will satisfy the special condition in the PCRESONO. 6146 -11- Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho 2 Santa Fe Road. 3 Grading ^ 38. Based upon a review of the proposed grading and the grading quantities shown on the c tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for 6 the project. 7 39. 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. 9 Dedications/Improvements 10 40. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or 1 * other appropriate entities for all public streets and other easements shown on the tentative « 2 map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are 13 already public are not required to be rededicated. 14 41. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 16 42. Developer shall provide the design of all private streets and drainage systems to the 17 satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and *° drainage systems shall be inspected by the City. Developer shall pay the standard , o improvement plancheck and inspection fees. 20 43. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on 21 the tentative map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street 23 lights, retaining walls, and reclaimed water to City Standards to the satisfaction of the City Engineer. The improvements are: 24 a) Streets "AK," "AW," and "AX" to public street standards. b) Storm drain, water, sewer, and reclaimed water per City and appropriate 2g district standards. c) Traffic signal, including all appurtenances and traffic signal interconnect 27 conduit and cable, at the intersection of Rancho Santa Fe Road and San Elijo Road to the satisfaction of the City Engineer. The traffic signal shall not be 28 installed until such time that written approval is received from the City Engineer. PCRESONO. 6146 -12- 1 I- 2 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 3 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 4 <- 44. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting San Elijo Road and Street "AX." 6 45. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage in 7 conformance with City of Carlsbad Standards. 46. Developer shall relocate or quitclaim those easements shown on sheet 3 of the 9 tentative map to be quitclaimed or relocated, to the satisfaction of the City Engineer, or written evidence shall be provided from the easement holder allowing grading 10 and/or improvements within the limits of their easement. 47. Developer shall comply with the City's requirements of the National Pollutant Discharge 12 Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 13 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 14 and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 16 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 17 hazardous waste products. 1 8 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 20 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments shall meet Federal, State, County, and City requirements as prescribed in their respective __ containers. 23 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 24 48. 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 2/5 (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 27 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 28 the project. At a minimum, the SWPPP shall: PCRESONO. 6146 -13- a. Include all content as established by the -California Regional Water Quality Control 2 Board requirements. b. Include the receipt of "Notice of Intent" issued by the California Regional Water 3 Quality Control Board. Recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants i- from storm water to the maximum extent practicable before discharging to City right- of-way or natural drainage course. 6 d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper 7 procedures for handling cleanup and disposal of pollutants. o 49. Prior to the issuance of grading permit or building permit, whichever occurs first, 9 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 10 Stormwater Mitigation Plan (SUSMP), Order 2001-01, as amended, issued by the San Diego Region of the California Regional Water Quality Control Board and the 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: 13 a. Identify existing and post-development on-site pollutants-of-concern. 14 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this 16 project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way. 17 d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident/employee education on the proper procedures for handling cleanup and disposal of pollutants; , a e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-development runoff rates and velocities from the site will not 20 exceed the pre-development runoff rates and velocities to the maximum extent practicable. 21 50. Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 23 51. Developer shall install sidewalks along all public streets abutting the subdivision in 24 conformance with City of Carlsbad Standards. 52. Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards. 27 28 PCRESONO. 6146 -14- Final Map Notes , 2 53. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 3 A. All improvements are privately owned and are to be privately maintained with the ^ exception of the following: 5 1. Streets "AK," "AW," and "AX." 6 2. Storm drain, water, sewer, and reclaimed water within public streets or easements. 7 3. Traffic signals in public streets. o B. Building permits will not be issued for development of the subject property unless 9 the appropriate agency determines that sewer and water facilities are available. 10 C. Geotechnical Caution: * * The owner of this property on behalf of itself and all of its successors in interest j2 has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land 13 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation, or maintenance. 14 D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified 16 as a sight distance corridor in accordance with Villages of La Costa Master Plan MP 98-01, Section 4.9.3. The underlying property owner shall maintain this 17 condition. I O E. No obstructions shall conflict with or impede the line-of-sight as established per jo City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject 20 property within such sight distance corridors. The underlying property owner shall maintain this condition. 21 __ Special Conditions x 23 54. 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 24 traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. ~s Utilitieszo 27 55. Prior to approval of improvement plans or final map, Developer shall~meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 28 building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be PCRESONO. 6146 -15- considered public improvements and shall,be served by public water mains to the 2 satisfaction of the District Engineer. 3 56. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot-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 e maintenance, access, and/or joint utility purposes. 6 57. 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. g 58. The Developer shall prepare a colored recycled water use map and submit this map to the 9 Planning Department for processing and approval by the District Engineer. 10 59. 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. , 2 60. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be 13 reflected on public improvement plans. 14 61. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 62. The Developer shall design and construct public water, sewer, and recycled water 17 facilities substantially as shown on the tentative map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans.18 ,Q 63. The Developer shall provide separate potable water meters for each separately owned unit. 20 64. This project is approved upon the express condition that building permits will not be 21 issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 23 65. Prior to Final Map approval or issuance of building permits, whichever is first, the entire 24 potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the 25 District Engineer. 26 66. The Developer shall meet with and obtain approval from the Vallecitos Water District 27 regarding sewer infrastructure available or required to serve this project. 28 67. The Developer shall meet with and obtain approval from the Vallecitos Water District regarding potable water infrastructure available or required to serve this project. PCRESONO. 6146 -16- 1 2 Code Reminders 3 68. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 69. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: 6 A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth 7 Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is 3.2 dwelling 9 units per nonconstrained acre. 10 Parcels 1-83 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 1-83 under the General Plan 12 and Chapter 21.90 of the Carlsbad Municipal Code." 13 70. 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 14 permit issuance, except as otherwise specifically provided herein. 71. The project shall comply with the latest nonresidential disabled access requirements 16 pursuant to Title 24 of the State Building Code. 17 72. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final.18 73. 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 20 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 21 22 23 24 25 26 27 28 PCRESONO. 6146 -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 following vote, to wit: AYES: NOES: of Carlsbad, California, held on the 16th day of August, 2006, by the Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton ABSENT: Commissioner Segall ABSTAH MARTELL B. MONTG CARLSBAD PLANNI> ATTEST: f\ ^A ^bcv\/ WA * £) ^MERY, Chairperson G COMMISSION DON NEU Assistant Planning Director PCRESONO. 6146 -18- 1 PLANNING COMMISSION RESOLUTION NO. 6147 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT PERMIT 4 PUD 05-11 TO SUBDIVIDE 27.8 ACRES INTO 5 80 RESIDENTIAL LOTS, ONE RECREATION LOT AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED 6 WEST OF RANCHO SANTA FE ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN 7 LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD 8 3.1 9 CASE NO.: PUD 05-11 10 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has ^ * filed a verified application with the City of Carlsbad regarding property described as 12 Lots 205 and 215 of the City of Carlsbad Tract CT 99-04-03, 13 Villages of La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according 14 to Map No. 15318 filed in the Office of the San Diego County Recorder on April 18,2006 as File Number 2006-0271049 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Planned 18 Development Permit as shown on Exhibits MA" - "M" dated August 16, 2006, on file in the 19 Planning Department, LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 - PUD 05-11 as 20 provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the l&th day of August, 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Planned Development Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: 97 A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 - PUD 05-11, based on the following findings and subject to the following conditions: Findings: 6 1. That the proposed project complies with all applicable development standards included 7 within this chapter, in that the project complies with the required development standards of the Villages of La Costa Master Plan including lot width, lot area, and ° maximum number of residential lots. The project design conforms to all design and p development standards applicable to the property. The development of single- family homes on minimum 5,000-square-foot lots is consistent with the Villages of 10 La Costa Master Plan and is compatible with adjacent existing and planned land uses. 11 2. That the proposed project's density and site design are compatible with surrounding 1 development, in that a small lot residential development is proposed adjacent to the I-> site which is similar in character and density. 14 3. All findings of Planning Commission Resolution No. 6146 for CT 05-14 are incorporated herein by reference. 15 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 16 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions: 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a Final Map or issuance of a grading permit, whichever occurs first. 21 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 22 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 23 revoke or modify all approvals herein granted; deny or further condition issuance of all ._. future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 25 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 26 or a successor in interest by the City's approval of this Planned Development Permit. 27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 28 and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. PCRESONO. 6147 -2- Development shall occur substantially as shown on the approved Exhibits. Any proposed 2 development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4 r 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 6 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 7 unless the City Council determines that the project without the condition complies with all requirements of law.8 9 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 10 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Planned Development , 2 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 13 (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 14 facility of electromagnetic fields or other energy waves or emissions. 6. This approval is granted subject to the approval of MP 98-01(E) and CT 05-14 and is 16 subject to all conditions contained in Planning Commission Resolutions No. 6145 and 6146 for those other approvals incorporated herein by reference. 17 7. Prior to the issuance of building permits, a Major Planned Development Permit Amendment shall be submitted to the City of Carlsbad for review and approval for the architecture and plotting of the residential dwelling units. 20 21 22 23 24 25 26 27 28 PCRESONO. 6147 -3- 1 2 4 5 6 7 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 final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 16th day of August, 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton ABSENT: Commissioner Segall MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PCRESONO. 6147 -4- PLANNING COMMISSION RESOLUTION NO. 6148 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 05-15 TO 3 SUBDIVIDE 48.9 ACRES INTO 120 RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY 4 LOCATED WEST OF RANCHO SANTA FE ROAD, SOUTH , OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 11. 6 CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 7 CASE NO.: CT05-15 8 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has filed a 9 verified application with the City of Carlsbad regarding property described as 10 Lots 202 and 203 of the City of Carlsbad Tract CT 99-04-03, 1! Villages of La Costa, La Costa Oaks North, in the City of 12 Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego County 13 Recorder on April 18, 2006, as File Number 2006-0271049 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map as shown on Exhibits "A" - MR" dated August 16, 2006, on file in the Planning 17 Department, LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 - CT 05-15, as provided by18 19 Chapter 20.12 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 16th day of August, 2006, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 2° A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 - CT 05-15, based on the following findings and subject 3 to the following conditions: Findings; 1. That the proposed map and the proposed design and improvement of the subdivision, as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles .20 and 21 of the Carlsbad Municipal Code, and the State 7 Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations including the Villages of La Costa Master Plan. 10 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single—family residential development and as 11 open space on the General Plan, in that the site has a General Plan Land Use designation of Residential Low-Medium (RLM) and Open Space (OS). 3. 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 14 proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by 15 the applicable City regulations including the Villages of La Costa Master Plan. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 1 g that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. 19 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 21 6. That the design of the subdivision provides, to the extent feasible, for future passive or 22 natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to 23 provide residents with adequate air circulation within and surrounding any future residential units. 24 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 25 against the public service needs of the City and available fiscal and environmental resources. 27 8. That the design of the subdivision and improvements are not likely to cause substantial 28 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 PCRESONO. 6148 -2- Conservation Plan approved for the property. The project area is a designated 2 development area in the Villages of La Costa Master Plan which was evaluated in Final Program EIR 98-07. 3 9. That the discharge of waste from the subdivision will not result in violation of existing 4 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the 6 project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 7 10. The Planning Commission finds that the project, as conditioned herein, is in 8 conformance with the Elements of the City's General Plan and Villages of La Costa Master Plan based on the facts set forth in the staff report dated August 16, 2006, including, but not limited to the following: 10 a. Land Use - The project is consistent with the City's General Plan since the 11 proposed density is within the density range of 0-4 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2 du/acre as well as not exceeding the number of 13 units permitted by the Villages of La Costa Master Plan. 14 b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa 1 ^ Master Plan. 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 17 Greens Affordable Apartment Project has been constructed and occupied and the Oaks Affordable Apartment project has been approved and grading 18 is ongoing. Those projects will satisfy the inclusionary housing requirements for this project. 20 c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan 21 EIR 98-07, and Villages of La Costa Master Plan. The project will not impact the designated open space and will provide Master Plan trails and connections to the adjacent neighborhoods as identified in the Master Plan. 23 d. Noise - A project-specific noise study prepared for the Tentative Map 24 identified an area requiring a 6-foot-high noise wall which is shown on the project plans in conformance with the recommendations of the noise study. 25 With the noise wall, the noise standards will be met. *~)f\e. Public Safety - The project includes fire suppression zones, fire-resistive 27 construction techniques, and fire sprinklers for selected homes to reduce fire hazards to an acceptable level. 28 PCRESONO. 6148 -3- f. Circulation - The circulation system is designed to provide adequate access to 2 the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. 3 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and - ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 6 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 7 project will be installed to serve new development prior to or concurrent with need. Specifically, o 9 a. The project has been conditioned to provide proof from the Encinitas Unified and San Dieguito Unified School Districts that the project has satisfied its 10 obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 12 will be collected prior to issuance of building permit or be satisfied by the use of existing parkland credits in addition to the dedication of land for the future 13 Alga Norte Park site. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 1. collected prior to the issuance of building permit. 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 17 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as part of the 2Q Local Facilities Management Plan for Zone 11. 21 14. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 22 created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management 24 Plan and the project will comply with the general and special conditions of the zone plan. 25 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 26 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. 28 PCRESONO. 6148 -4- 16. The Planning Director has determined that: 2 a. The project is a subsequent activity of the Villages of La Costa Master Plan 3 (MP 98-01) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the 5 activity for the purposes of CEQA [15168(c)(2) and (e)]. 6 b. This project is consistent with the Master Plan cited above. c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection 0 with the prior plan.o 9 d. The project has no new significant environmental effect not analyzed as significant in the prior EIR. 10 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 12 f. All feasible mitigation measures or project alternatives identified in the Villages 13 of La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project.14 17. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 17 Conditions; 18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or grading permit whichever occurs first. 20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 21 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Cfty shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 24 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 27 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 28 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. PCRESONO. 6148 -5- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 4 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 6 all requirements of law. 7 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 9 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, 10 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 1 * (c) Developer/Operator's installation and operation of the facility permitted hereby, j2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- 16 making body. 17 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Unified and San Dieguito Unified School Districts that this project has satisfied its obligation to provide school facilities. 19 8. This project shall comply with all conditions and mitigation measures which are required 20 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 21 ~~ 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 23 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 24 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 26 10. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final 27 Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010.28 * PCRESONO. 6148 -6- 11. This approval is granted subject to the approyal of MP 98-01(E) and PUD 05-12 and is 2 subject to all conditions contained in Planning Commission Resolutions No. 6145 and 6149 for those other approvals incorporated herein by reference. 3 12. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) r between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project's market rate units, unless both the final decision-making 6 authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 7 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 9 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 10 condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 13 15. Developer shall establish a homeowner's association and corresponding covenants, conditions, and restrictions. Said CC&Rs shall be submitted to and approved by the ,. Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official 16 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: 17 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 20 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 21 to disapprove. A copy of the final approved amendment shall be transmitted to City __ within 30 days for the official record. 23 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 24 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 27 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 PC RESO NO. 6148 -7- be completed and shall be entitled to reimbursement with respect thereto from the 2 Owners as provided herein. 3 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, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the 6 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 7 the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 9 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may 10 pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other 1 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 pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the 13 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 14 and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 17 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit f. Landscape Material Restrictions; Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit . 20 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 2! California Exotic Pest Plan Council, October 1999. 22 g. HCP/OMSP Educational Material: Exhibit describes the importance 23 and sensitivity of the conserved habitat areas and ways to avoid impact to them. 24 h. Lighting Restrictions on Private Residential Lots: Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set 25 forth in Exhibit 26 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 27 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such PCRESONO. 6148 -8- taxes/fees shall be paid at issuance of building, permit. If the taxes/fees are not paid, this 2 approval will not be consistent with the General Plan and shall become void. 3 17. Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. 4 " t- 18. 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 6 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and a Planned Unit Development by Resolutions No. 6148 and 6149 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any 9 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 10 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest.11 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council 13 Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning 16 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 17 regarding those fees or taxes can be obtained. 18 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and 20 existing schools, parks and streets. 21. Developer shall post a sign in the sales office in a prominent location that discloses which _„ special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 23 22. Prior to the recordation of the first final tract map or the issuance of building permits, 24 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 the City Attorney (see Noise Form #1 on file in the Planning Department). 27 23. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. PCRESONO. 6148 -9-.5? 24. The required recreation area on lot 81 shall obtain approval and begin construction 2 prior to the occupancy of the first unit of either Neighborhoods 3.1, 3.3, 3.4, or 3.5, whichever occurs first, and shall be approved for use prior to the occupancy of 50% 3 of the units within either Neighborhoods 3.1,3.3,3.4, or 3.5. 25. Street lights for the project shall be selectively placed, shielded or directed away from conserved habitat areas. The street improvement plans shall provide shielded lights in proximity to habitat preserve areas to minimize light impacts. 6 26. Prior to occupancy of any units within Neighborhood 3.3, temporary or permanent 7 RV storage shall be made available in La Costa Oaks Neighborhood 3.2. Engineering 9 General 10 27. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer , ^ for the proposed haul route. 13 28. 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 14 formally established by the City. 29. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities 17 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. lo 30. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 20 31. There shall be one Final Map recorded for this project. 21 32. Developer shall install sight distance corridors (see below" for types) at all street intersections in accordance with Engineering Standards and shall record the following 23 statement on the Final Map (and in the CC&Rs). 24 Type I "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with Villages of La Costa Master Plan MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain 27 this condition." 28 PCRESONO. 6148 -10- 1 Type II 2 "No obstructions shall conflict with or impede the line-of-sight as established per City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall, 3 tree, shrub, sign, or other object shall be placed or permitted on the subject property within such sight distance corridors. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, 6 grading, or landscape plan prepared in association with this development. 7 Fees/Agreements 33. 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. 10 34. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 12 35. Developer shall cause property owner to execute, record, and submit a recorded copy to 13 the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a 14 form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course. 16 B. State that the drainage course is to be maintained in perpetuity by the underlying 17 property owner. C. State that all future use of the property along the drainage course will not restrict, impede, divert, or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public 20 nuisance. 21 36. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading^building permits, or final map for this project, Developer shall cause Owner to execute an Agreement to annex the 23 subject property into City of Carlsbad SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary 24 to annex the property into SL&LD #2. ncJ 37. Prior to approval of the first final map, the developer shall enter into a Prepayment Agreement with the City for prepayment of the developer obligation for the funding to improve Rancho Santa Fe Road, which will satisfy the special condition in the 27 Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. 28 PC RESO NO. 6148 -11- Grading 2 38. 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 prior to issuance of a building permit for the project. 5 39. Prior to the issuance of a grading permit or building permit, whichever occurs first, 6 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.7 Dedications/Improvements 40. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. 12 41. Additional drainage easements may be required. Developer shall dedicate and provide or 13 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 42. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall 16 conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 18 43. Developer shall execute a City standard Subdivision Improvement Agreement to install 19 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, 20 base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls, and reclaimed water to City Standards^to the satisfaction of the 22 City Engineer. The improvements are: 23 a. Streets "AK," "AL," "AN," "AP," "AQ," "AR," "AS," and "AT" to public street standards. b. Storm drain, water, sewer, and reclaimed water per City and appropriate district standards. c. Developer shall contribute its fair share contribution to design and install a 26 fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersections of Rancho Santa Fe Road 27 with Avenida Soledad and San Elijo Road to the satisfaction of the City Engineer. The traffic signal shall not be installed until such time that written approval is received from the City Engineer. PC RESO NO. 6148 -12- A list of the above shall be placed on an additional map sheet on the Final Map per the 2 provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development 3 improvement agreement or such other time as provided in said agreement. 44. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Avenida Soledad, lot 49 to Street "AK," lots 88, 89, and 96 to Street "AL," lot 44 to Street "AQ," the northerly property line of lot 37 to Street "AQ," lots 24 6 and 35 to Street "AR," lots 63 and 71 to Street "AS," and lot 52 to Street "AT." 7 45. Developer shall relocate or quitclaim those easements shown on sheet 4 of the tentative map to be quitclaimed or relocated, to the satisfaction of the City Engineer or written evidence shall be provided from the easement holder allowing grading 9 and/or improvements within the limits of their easement. 10 46. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed * pursuant to best management practices as referenced in the "California Storm Water Best 12 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 13 and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 14 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 16 hazardous waste products. 17 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such ' ° fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments shall meet 20 Federal, State, County, and City requirements as prescribed in their respective containers. 21 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 23 47. Prior to the issuance of grading permit or building permit, whichever occurs first, 24 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of 27 the project. At a minimum, the SWPPP shall: a. Include all content as established by the California Regional Water Quality Control Board requirements. PCRESONO. 6148 -13- b. Include the receipt of "Notice of Intent" issued by the California Regional Water 2 Quality Control Board. c. Recommend source control and treatment control Best Management Practices (BMPs) 3 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. c d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper 6 procedures for handling cleanup and disposal of pollutants. 7 48. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 9 Stormwater Mitigation Plan (SUSMP), Order 2001-01, as amended, issued by the San Diego Region of the California Regional Water Quality Control Board and City of 10 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: 12 a. Identify existing and post-development on-site pollutants-of-concern. 13 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. 14 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 maximum extent practicable before discharging to City right-of-way. 16 d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident/employee education on the 17 proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-development runoff rates and velocities from the site will not exceed the predevelopment runoff rates and velocities to the maximum extent practicable. 20 49. Developer shall install street lights along all public and private street frontages abutting 21 and/or within the subdivision boundary in conformance with City of Carlsbad Standards. X 22 50. Developer shall install sidewalks along all public streets abutting the subdivision in 23 conformance with City of Carlsbad Standards. 24 51. Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards.25 Final Map Notes 27 52. Note(s) to the following effect(s) shall be placed on the map as non-mapping data. 28 A. All improvements are privately owned and are to be privately maintained with the exception of the following: PCRESONO. 6148 -14- 1 2 1. Streets "AK," "AL," "AN," "AP," "AQ," " AR," "AS," and "AT." 2. Storm drain, water, sewer, and reclaimed water within public streets 3 or easements. 3. Traffic signals in public streets.4 5 B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 6 C. Geotechnical Caution: 7 The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 9 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 10 subdivision due to its construction, operation, or maintenance. 11 D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above <2 the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with Villages of La Costa Master Plan 13 MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain this condition. 14 E. No obstructions shall conflict with or impede the line-of-sight as established per City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall, 16 tree, shrub, sign, or other object shall be placed or permitted on the subject property within such sight distance corridors. The underlying property owner 17 shall maintain this condition. 18 Special Conditions 19 53. The Average Daily Trips (ADT) and floor area contained in the staff report and 20 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 21 City of Carlsbad Municipal Code, respectively. 22 Utilities 23 54. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 24 Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the 26 satisfaction of the District Engineer. 27 55. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot-wide easements granted to the District or the City of Carlsbad. 28 At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. PCRESONO. 6148 -15- 1 - 2 56. 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 3 Authority capacity charge(s) prior to issuance of Building Permits. 57. 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. 6 58. 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. 7 59. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 10 60. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 61. The Developer shall design and construct public water, sewer, and recycled water 13 facilities substantially as shown on the tentative map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 14 62. The Developer shall provide separate potable water meters for each separately owned unit. 16 63. This project is approved upon the express condition that building permits will not be 17 issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of * ° occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 19 64. Prior to Final Map approval or issuance of building permits, whichever is first, the entire 20 potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the 21 District Engineer. 22 65. The Developer shall meet with and obtain approval from the Vallecitos Water District 23 regarding sewer infrastructure available or required to serve this project. 24 66. The Developer shall meet with and obtain approval from the Vallecitos Water District regarding potable water infrastructure available or required to serve this project. Code Reminders 27 67. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 28 PCRESONO. 6148 -16- 68. Developer shall provide the following note on. the final map of the subdivision and final 2 mylar of this development submitted to the City: 3 A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is 3.2 dwelling units per non-constrained acre. 6 Parcels 1 - 122 were used to calculate the intensity of development under the 7 General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 1-122 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." 9 69. Approval of this request shall not excuse compliance with all applicable sections of the 10 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 70. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 13 71. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 72. Developer shall exercise special care during the construction phase of this project to 16 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 17 of the City Engineer. 18 NOTICE 19 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." X 22 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 23 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 25 annul their imposition. 26 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 ~o project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a PCRESONO. 6148 -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 similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of August, 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton NOES: ABSENT: Commissioner Segall ABSTAIN: MARTELL B. MONTG CARLSBAD PLANNIN ATTEST: CLXr. )pERY, Chairperson COMMISSION DON NEU Assistant Planning Director PCRESONO. 6148 -18- 1 ~ PLANNING COMMISSION RESOLUTION NO. 6149 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT PERMIT 4 PUD 05-12 TO SUBDIVIDE 27.8 ACRES INTO 80 RESIDENTIAL LOTS, ONE RECREATION LOT AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED 6 WEST OF RANCHO SANTA FE ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN 7 LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD 8 3.3 9 CASE NO.: PUD 05-12 10 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has ' * filed a verified application with the City of Carlsbad regarding property described as 12 Lots 202 and 213 of the City of Carlsbad Tract CT 99-04-03, 13 Villages of La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according 14 to Map No. 15318 filed in the Office of the San Diego County Recorder on April 18,2006, as File Number 2006-0271049 15 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Planned I O10 Development Permit as shown on Exhibits "A" - "R" dated August 16, 2006, on file in the 19 Planning Department, LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 - PUD 05-12, as 20 provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the l&h day of August, 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Planned Development Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: ¥9 A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 - PUD 05-12, based on the following findings and subject to the following conditions: Findings; 6 1. That the proposed project complies with all applicable development standards included 7 within this chapter, in that the project complies with the required development standards of the Villages of La Costa Master Plan including lot width, lot area, and ° maximum number of residential lots. The project design conforms to all design and o development standards applicable to the property. The development of single-family homes on minimum 6,000-square-foot lots is consistent with the Villages of La Costa 10 Master Plan and is compatible with adjacent existing and planned land uses. 11 2. That the proposed project's density and site design are compatible with surrounding development, in that a small lot residential development is proposed adjacent to the site which is similar in character and density. 13 3. All findings of Planning Commission Resolution No. 6148 for CT 05-15 are incorporated 14 herein by reference. 15 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions: 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a Final Map or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such Conditions fail to be so 22 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 25 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Planned Development Permit. 26 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit documents, as necessary to make 2g them internally consistent and in conformity with the final action on the project. PCRESONO. 6149 -2- Development shall occur substantially as shown on the approved Exhibits. Any proposed 2 development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4 r 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 6 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 7 unless the City Council determines that the project without the condition complies with all requirements of law.8 9 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 10 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Planned Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 13 (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 14 facility of electromagnetic fields or other energy waves or emissions. 6. This approval is granted subject to the approval of MP 98-01(E) and CT 05-15 and is 16 subject to all conditions contained in Planning Commission Resolutions No. 6145 and 6148 for those other approvals incorporated herein by reference. 17 7. Prior to the issuance of building permits, a Major Planned Development Permit Amendment shall be submitted to the City of Carlsbad for review and approval for 19 the architecture and plotting of the residential dwelling units. 20 21 22 23 24 25 26 27 28 PCRESONO. 6149 -3- 31 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 final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 16th day of August 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton NOES: ABSENT: Commissioner Segall ABST; MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION OTEST: DON NEU Assistant Planning Director PCRESONO. 6149 -4- PLANNING COMMISSION RESOLUTION NO. 6150 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 05-16 TO 3 SUBDIVIDE 23.9 ACRES INTO 83 RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY 4 LOCATED WEST OF RANCHO SANTA FE ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 11. 6 CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 AND 3.5 7 CASE NO.: CT 05-16 8 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has filed a 9 verified application with the City of Carlsbad regarding property described as !0 Lots 201, 204, 211, and 217 of the City of Carlsbad Tract 11 CT 99-04-03, Villages of La Costa, La Costa Oaks North, in the 12 City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego 13 County Recorder on April 18, 2006, as File Number 2006-0271049 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "N" dated August 16, 2006, on file in the Planning 18 Department, LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 AND 3.5 - CT 05-16, as 19 provided by Chapter 20.12 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 16th day of August 2006, hold 22 a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 25 relating to the Tentative Tract Map. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 \S3 A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 AND 3.5 - CT 05-16, based on the following findings ^ and subject to the following conditions: Findings: 6 1. That the proposed map and the. proposed design and improvement of the subdivision as 7 conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State ° Subdivision Map Act, and will not cause serious public health problems, in that the lots o being created satisfy all minimum requirements of Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable 10 regulations including the Villages of La Costa Master Plan. 11 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development or as open space on the General Plan, in that the site has a General Plan Land Use i •? designation of Residential Low-Medium (RLM) or Open Space (OS). 14 3. 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 15 proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Villages of La Costa Master Plan. 17 4. That the design of the subdivision or the type of improvements will not conflict with lg easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 19 that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. 2*\J _. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). x 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or 23 natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to 24 provide residents with adequate air circulation within and surrounding any future ,-,- residential units. 25 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 27 against the public service needs of the City and available fiscal and environmental resources. 28 PCRESONO. 6150 -2- 8. That the design of the subdivision and improvements are not likely to cause substantial 2 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 3 Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in 4 Final Program EIR 98 -07. 9. That the discharge of waste from the subdivision will not result in violation of existing 5 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality 7 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 8 System (NPDES) requirements. o 10. The Planning Commission finds that the project, as conditioned herein, is in JO conformance with the Elements of the City's General Plan and Villages of La Costa Master Plan based on the facts set forth in the staff report dated August 16, 2006, 11 including, but not limited to the following: 1 T a. Land Use - The project is consistent with the City's General Plan since the 1-5 proposed density is within the density range of 0-4 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below 14 the growth control point of 3.2 du/acre as well as not exceeding the number of units permitted by the Villages of La Costa Master Plan. . f- b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa 17 Master Plan. The developer is required to construct affordable housing units consistent with the First Amended and Restated Affordable Housing 18 Agreement (dated 2/21/03) approved for the Villages of La Costa. The Greens Affordable Apartment Project has been constructed and occupied and the Oaks Affordable Apartment project has been approved and grading 20 is ongoing. Those projects will satisfy the inclusionary housing requirements for this project. 21 c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan 23 EIR 98-07, and Villages of La Costa Master Plan. The project will not impact the designated open space and will provide Master Plan trails and 24 connections to the adjacent neighborhoods as identified in the Master Plan. 25 d. Noise - A project-specific noise study prepared for the Tentative Map „, identified an area requiring a 6-foot-high noise wall which is shown on the project plans in conformance with the recommendations of the noise study. 27 With this wall, noise standards will be met. 28 PCRESONO. 6150 -3- e. Public Safety - The project includes fire suppression zones, fire-resistive 2 construction techniques, and fire sprinklers for selected homes to reduce fire hazards to an acceptable level. 3 f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and <- the Villages of La Costa Master Plan. 6 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 9 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. 10 Specifically, a. The project has been conditioned to provide proof from the Encinitas Unified 12 and San Dieguito Unified School Districts that the project has satisfied its obligation for school facilities. 13 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit or be satisfied by the use of I <- existing parkland credits in addition to the dedication of land for the future Alga Norte Park site. 16 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 17 collected prior to the issuance of building permit. 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 20 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. 21 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. 23 14. That all necessary public facilities required by the Growth Management Ordinance will 24 be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that 25 improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management 2° Plan and the project will comply with the general and special conditions of the zone 27 plan. 28 PCRESONO. 6150 -4- 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 2 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. 3 16. The Planning Director has determined that: 4 a. The project is a subsequent activity of the Villages of La Costa Master Plan (MP 98-01) for which a program EIR was prepared, and a notice for the activity g 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 7 activity for the purposes of CEQA [15168(c)(2) and (e)]. ° b. This project is consistent with the Master Plan cited above. 9 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection 10 with the prior plan. 11 d. The project has no new significant environmental effect not analyzed as 1,, significant in the prior EIR. 13 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 14 f. All feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07, which are appropriate to this 15 Subsequent Project, have been incorporated into this Subsequent Project. 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 18 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. 2Q Conditions; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or grading permit whichever occurs first. v 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 24 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 25 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 27 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 28 PCRESONO. 6150 -5- 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 * 1 harmless the City of Carlsbad, its Council members, officers, employees, agents, and . 2 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 14 nondiscretionary, 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 15 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. I Q0 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar IQ copy of the Tentative Map reflecting the conditions approved by the final decision- making body. 20 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 21 Director from the Encinitas Unified and San Dieguito Unified School Districts that this „ project has satisfied its obligation to provide school facilities. 23 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to 24 that Plan prior to the issuance of building permits. 25 9. Building permits will not be issued for this project unless the local agency providing 25 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 27 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 28 shall be placed on the Final Map. PCRESONO. 6150 -6- 10. The Developer shall implement and comply with all applicable mitigation measures 2 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 3 Planning Commission Resolution No. 5010. 4 11. This approval is granted subject to the approval of MP 98-01(E) and PUD 05-13 and is r subject to all conditions contained in Planning Commission Resolutions No. 6145 and 6151 for those other approvals incorporated herein by reference. 6 12. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project's market rate units, unless both the final decision-making 9 authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 10 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 12 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 13 condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the ,, landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 16 15. Developer shall establish a homeowner's association and corresponding covenants, 17 conditions, and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official 19 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: 20 a. General Enforcement by the City. The City shall have the right, but not the 21 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 23 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 24 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 26 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 27 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with PCRESONO. 6150 -7- particularity the maintenance which the GJty finds to be required and requesting the 2 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 3 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 4 be completed and shall be entitled to reimbursement with respect thereto from the ,- Owners as provided herein. 6 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, 7 the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the 9 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 10 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 11 the Association shall fail to pay such invoice in full within the period specified, 12 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may 13 pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other 14 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 pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the 16 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 17 and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any 1 ° Owner and his/her respective Lot for purposes of collecting such special assessment * o in accordance with the procedures set forth in Article of this Declaration. 20 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 21 „„ f. Landscape Material Restrictions; Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit . 23 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 24 California Exotic Pest Plan Council, October, 1999. 25 g. HCP/OMSP Educational Material: Exhibit describes the importance 26 and sensitivity of the conserved habitat areas and ways to avoid impact to them. 27 h. Lighting Restrictions on Private Residential Lots; Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set 28 forth in Exhibit . PCRESONO. 6150 -8- 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such 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. 6 17. Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. 7 18. 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 9 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract 10 Map and a Planned Development Permit by Resolutions No. 6150 and 6151 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval, as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice 13 which modifies or terminates said notice upon a showing of good cause by the Developer or successor hi interest. 14 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council 16 Policy No. 38 by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer 17 shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information 20 regarding those fees or taxes can be obtained. 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and 23 existing schools, parks, and streets. 24 21. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 26 22. Prior to the recordation of the first final tract map or the issuance of building permits, 27 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 the City Attorney (see Noise Form #1 on file in the Planning Department). PCRESONO. 6150 -9- 1 I . 2 23. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall 3 require review and approval of the Planning Director prior to installation of such signs. 4 24. The required recreation area on lot 81 shall obtain approval and begin construction r prior to the occupancy of the first unit of either Neighborhoods 3.1, 3.3, 3.4, or 3.5, whichever occurs first, and shall be approved for use prior to the occupancy of 50% 6 of the units within either Neighborhoods 3.1,3.3,3.4, or 3.5. 7 25. Street lights for the project shall be selectively placed, shielded, or directed away from conserved habitat areas. The street improvement plans shall provide shielded lights in proximity to habitat preserve areas to minimize light impacts. 9 26. Prior to occupancy of any units within Neighborhood 3.4 or 3.5, temporary or 10 permanent RV storage shall be made available in La Costa Oaks Neighborhood 3.2. Engineering 12 General 13 27. Prior to hauling dirt or construction materials to or from any proposed construction site 14 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 16 28. 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 17 formally established by the City. 1 81 ° 29. Developer shall provide to the City Engineer an acceptable means, CC&Rs and/or other jo recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities 20 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 21 30. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 23 31. There shall be one Final Map recorded for this project. 24 32. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following 26 statement on the Final Map (and in the CC&Rs). 27 Type I "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the 28 street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with Villages of La Costa Master Plan PCRESONO. 6150 -10- MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain 2 this condition." 3 Type II "No obstructions shall conflict with or impede the line-of-sight as established per City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall, e- tree, shrub, sign, or other object shall be placed or permitted on the subject property within such sight distance corridors. The underlying property owner shall 6 maintain this condition." 7 The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. o 9 Fees/Agreements 10 33. 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. 34. 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 13 drainage across the adjacent property. 14 35. Developer shall cause property owner to execute, record, and submit a recorded copy to the City Engineer a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: 17 A. Clearly delineate the limits of the drainage course. B. State that the drainage course is to be maintained in perpetuity by the underlying property owner. 20 C. State that all future use of the property along the drainage course will not restrict, impede, divert, or otherwise alter drainage flows in a manner that will result in 21 damage to the underlying and adjacent properties or the creation of a public nuisance. 23 36. 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 24 map for this project, Developer shall cause Owner to execute an Agreement to annex the subject property into City of Carlsbad SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the property into SL&LD #2. 27 37. Prior to approval of the first final map, the developer shall enter into a Prepayment Agreement with the City for prepayment of the developer obligation for the funding 28 to improve Rancho Santa Fe Road, which will satisfy the special condition in the PCRESONO. 6150 -11- Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho 2 Santa Fe Road. 3 Grading 4 38. 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 prior to issuance of a building permit for 6 the project. 7 39. 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. 9 Dedications/Improvements 10 40. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or * 1 other appropriate entities for all public streets and other easements shown on the tentative ] 2 map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are 13 already public are not required to be rededicated. 14 41. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 16 42. Developer shall provide the design of all private streets and drainage systems to the 17 satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement * o plancheck and inspection fees. 20 43. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on 21 the tentative map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street 23 lights, retaining walls, and reclaimed water to City Standards to the satisfaction of the City Engineer. The improvements are: 24 a. Streets "AL," "AT," and "AV" to public street standards. b. Storm drain, water, sewer, and reclaimed water per City and appropriate 2£ district standards. c. Traffic signal, including all appurtenances and traffic signal interconnect 27 conduit and cable, at the intersection of Rancho Santa Fe Road and Avenida Soledad to the satisfaction of the City Engineer. The traffic signal shall not 28 be installed until such time that written approval is received from the City Engineer. PCRESONO. 6150 -12- 1 2 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 3 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 4 44. Developer shall cause Owner to waive direct access rights on the final map for lots 1,39, 47, and 83 to Street "AK," lot 36 to Street "AQ," and lots 48 and 66 to Street "AV." 45. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage in conformance with City of Carlsbad Standards. 46. Developer shall relocate or quitclaim those easements shown on sheet 4 of the 9 tentative map to be quitclaimed or relocated, to the satisfaction of the City Engineer or written evidence shall be provided from the easement holder allowing grading 10 and/or improvements within the limits of their easement. 47. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 13 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 16 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 17 hazardous waste products. I O B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 20 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments shall meet Federal, State, County, and City requirements as prescribed in their respective __ containers. 23 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 24 48. 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 26 (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 27 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 28 the project. At a minimum, the SWPPP shall: PCRESONO. 6150 -13- a. Include all content as established by the California Regional Water Quality Control 2 Board requirements. b. Include the receipt of "Notice of Intent" issued by the California Regional Water 3 Quality Control Board. c. Recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants <- from storm water to the maximum extent practicable before discharging to City right- of-way or natural drainage course. 6 d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper 7 procedures for handling cleanup and disposal of pollutants. o 49. Prior to the issuance of grading permit or building permit, whichever occurs first, 9 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 10 Stormwater Mitigation Plan (SUSMP), Order 2001-01, as amended, 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: 13 a. Identify existing and post-development on-site pollutants-of-concern. 14 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project c. Recommend source controls and treatment controls that will be implemented with this 16 project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way. 17 d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident/employee education on the 1 ° proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-development runoff rates and velocities from the site will not 20 exceed the predevelopment runoff rates and velocities to the maximum extent practicable. 21 50. Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 23 51. Developer shall install sidewalks along all public streets abutting the subdivision in 24 conformance with City of Carlsbad Standards. 25 52. Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards. 27 28 PCRESONO. 6150 -14- Final Map Notes ,. 2 53. Note(s) to the following effect(s) shall be placed on the map as non-mapping data. 3 A. All improvements are privately owned and are to be privately maintained with the 4 exception of the following: 5 1. Streets "AL," "AT," and "AV." 6 2. Storm drain, water, sewer, and reclaimed water within public streets or easements. 7 3. Traffic signals in public streets. g B. Building permits will not be issued for development of the subject property unless 9 the appropriate agency determines that sewer and water facilities are available. 10 C. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest 12 has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land 13 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 14 1. D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified 16 as a sight distance corridor in accordance with Villages of La Costa Master Plan MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain 17 this condition. 1 ft E. No obstructions shall conflict with or impede the line-of-sight as established per J9 City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject 20 property within such sight distance corridors. The underlying property owner shall maintain this condition. 21 ~~ Special Conditions 23 54. 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 24 traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. £*J 26 Utilities 27 55. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 28 building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be PCRESONO. 6150 -15- considered public improvements and shall,be served by public water mains to the 2 satisfaction of the District Engineer. 3 56. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot-wide easements granted to the District or the City of Carlsbad. ^ At the discretion of the District Engineer, wider easements may be required for adequate - maintenance, access and/or joint utility purposes. 6 57. 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. g 58. The Developer shall prepare a colored recycled water use map and submit this map to the 9 Planning Department for processing and approval by the District Engineer. 10 59. 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. 11 j2 60. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be 13 reflected on public improvement plans. 14 61. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 62. The Developer shall design and construct public water, sewer, and recycled water 17 facilities substantially as shown on the tentative map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 18 jo 63. The Developer shall provide separate potable water meters for each separately owned unit. 20 64. This project is approved upon the express condition that building permits will not be 21 issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 23 65. Prior to Final Map approval or issuance of building permits, whichever is first, the entire 24 potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 26 66. The Developer shall meet with and obtain approval from the Vallecitos Water District 27 regarding sewer infrastructure available or required to serve this project. 28 67. The Developer shall meet with and obtain approval from the Vallecitos Water District regarding potable water infrastructure available or required to serve this project. PCRESONO. 6150 -16- 1 2 Code Reminders 3 68. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. ,- 69. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: 6 A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth 7 Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is 3.2 dwelling 9 units per non-constrained acre. 10 Parcels 1-83 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of * any one of these parcels must also include parcels 1-83 under the General Plan , 2 and Chapter 21.90 of the Carlsbad Municipal Code." 13 70. 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 14 permit issuance, except as otherwise specifically provided herein. 71. The project shall comply with the latest nonresidential disabled access requirements 16 pursuant to Title 24 of the State Building Code. 17 72. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final.18 73. 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 20 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 21 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." 25 You have 90 days from date of approval to protest imposition of these fees/exactions. If you 26 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. PCRESONO. 6150 -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 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 16th day of August, 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton NOES: ABSENT: Commissioner Segall ABSTAIN: MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNINGCOMMISSION ATTEST: DONNEU Assistant Planning Director PCRESONO. 6150 -18- 1 PLANNING COMMISSION RESOLUTION NO. 6151 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT PERMIT 4 PUD 05-13 TO SUBDIVIDE 23.9 ACRES INTO , 83 RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED WEST OF RANCHO 6 SANTA FE ROAD, SOUTH OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN LOCAL FACILITIES 7 MANAGEMENT ZONE 11. CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOODS 8 3.4 AND 3.5 9 CASE NO.: PUD 05-13 10 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as 13 Lots 201, 204, 211, and 217 of the City of Carlsbad Tract 14 CT 99-04-03, Villages of La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego County Recorder on April 18, 2006, as File Number 2006-0271049 17 ("the Property"); and 1 o WHEREAS, said verified application constitutes a request for a Planned 20 Development Permit as shown on Exhibits "A" - "N" dated August 16, 2006, on file in the 21 Planning Department, LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 AND 3.5 - 22 PUD 05-13, as provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 16th day of August, 2006, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 2° relating to the Planned Development Permit. 11 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA OAKS NORTH 6 NEIGHBORHOODS 3.4 AND 3.5 - PUD 05-13, based on the following findings and subject to the following conditions: 7 Findings;o 1. That the proposed project complies with all applicable development standards included within this chapter, in that the project complies with the required development 10 standards of the Villages of La Costa Master Plan including lot width, lot area, and maximum number of residential lots. The project design conforms to all design and development standards applicable to the property. The development of single-family homes on minimum 5,000-square-foot lots is consistent with the Villages of La Costa Master Plan and is compatible with adjacent existing and planned land uses. 13 2. That the proposed project's density and site design are compatible with surrounding 14 development, in that a proposed small lot residential development is proposed adjacent to the site which is similar in character and density. 3. All findings of Planning Commission Resolution No. 6150 for CT 05-16 are incorporated herein by reference. 17 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 19 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 22 a Final Map or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 25 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 26 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 2g or a successor in interest by the City's approval of this Planned Development Permit. PCRESONO. 6151 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development 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 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 Planned Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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 \ 5 facility of electromagnetic fields or other energy waves or emissions. 17 6. This approval is granted subject to the approval of MP 98-01(E) and CT 05-16 and is subject to all conditions contained in Planning Commission Resolutions No. 6145 and 6150 for those other approvals incorporated herein by reference. 19 7. Prior to the issuance of building permits, a Major Planned Development Permit 20 Amendment shall be submitted to the City of Carlsbad for review and approval for the architecture and plotting of the residential dwelling units.21 22 23 24 25 26 27 28 PCRESONO. 6151 -3- 1 NOTICE 2 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 A "fees/exactions." 5 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 6 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 g annul their imposition. 9 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 1i 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 16th day of August 2006, by the following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton 18 NOES: 19 ABSENT: Commissioner Segall 20 ABSTAIN:21 22 23 MARTELL B. MONTGOMERY, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 " 27 ii DON NEU Assistant Planning Director PCRESONO. 6151 -4- Jity of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: August 16, 2006 Application complete date: December 2, 2005 Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: MP 98-01(E)/CT 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05-16/PUD 05- 13-LA COSTA OAKS NORTH NEIGHBORHOODS 3.1. 3.3, 3.4 AND 3.5 - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and 1) approval of a Minor Master Plan Amendment to the Villages of La Costa Master Plan to transfer four dwelling units between neighborhoods 3.3 to 3.1, combine the community recreation facilities for Neighborhoods 3.1 and 3.3 into neighborhood 3.1 and modify text and graphics in the Master Plan to reflect the changes to the Master Plan and 2) a recommendation for approval of three Tentative Tract Maps and three Planned Development permits for 283 residential lots and 7 open space lots for Neighborhoods 3.1, 3.3, 3.4 and 3.5. The project sites are located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11. I.RECOMMENDATION That the Planning Commission _ APPROVING Minor Master Plan ADOPT Planning Commission Resolution No. 6145 Amendment MP 98-01(E), and ADOPT Planning Commission Resolutions No. 6146, 6147, 6148, 6149, 6150 and 6151 RECOMMENDING APPROVAL of Tentative Tract Maps CT 05-14, CT 05-15 and CT 05-16 and Planned Unit Development Permits PUD 05-11, PUD 05-12 and PUD 05-13 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project consists of a minor amendment to the Villages of La Costa Master Plan (VLCMP) and a proposal for three Tentative Tract Maps and three Planned Development permits (PUD) within Neighborhoods 3.1, 3.3, 3.4 and 3.5 of the La Costa Oaks North area of the VLCMP. The Minor Master Plan Amendment is for the transfer of four dwelling units from Neighborhood 3.3 to 3.1 and for the combining of community recreation facilities for both Neighborhoods 3.1 and 3.3 into Neighborhood 3.1. The Tract Maps and Planned Development permits are for the subdivision of land for 283 residential lots. The project is located on the west side of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street. Neighborhood 3.1 contains 27.8 acres and will be subdivided into 80 residential lots with a minimum lot size of 5,000 square feet, and three open space lots. Neighborhood 3.3 contains 48.9 acres and will be subdivided into 120 residential lots with a minimum lot size of 6,000 square feet, and two open space lots. Neighborhood 3.4 and 3.5 contain 23.9 acres and will be o MP 98-01(E)/CT 05-14/PUD 0>11/CT 05-15/PUD 05-12/CT 05-16/PUU 05-13- LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16, 2006 Page 2 i: subdivided into 83 residential lots with a minimum lot size of 5,000 square feet, and two open space lots. A PUD is required for each neighborhood since the proposals include lots with less than 7,500 square feet. Architectural plans for the residences are not proposed at this time and will require approval of a major PUD amendment at a future date. The project complies with City standards and all necessary findings can be made for the approvals being requested. The three subdivisions require approval by the City Council since they each contain more than 50 residential lots. HI. PROJECT DESCRIPTION AND BACKGROUND Background On October 23, 2001, the City Council certified the Final Program EIR, approved the Villages of La Costa Master Plan, a Master Tentative Tract Map and related applications for the Villages of La Costa project. The Master Plan establishes the permitted uses, development standards, and design criteria for each neighborhood as well as the development review process to be used. Master Tentative Tract Map CT 99-03 subdivided the area into open space areas and established the neighborhood development area boundaries. A final map has been recorded for the La Costa Oaks North area. Plans for mass grading and circulation element roadway improvements have been approved. This mass grading is currently underway, as well as the roadway improvements of Rancho Santa Fe Road. Project Description All three of the projects sites are located on the west side of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street within the Villages of La Costa Master Plan and the Zone 11 Local Facilities Management Plan. Development of these neighborhoods requires further subdivision of the large neighborhood planning area lots created by Master Tentative Tract Map CT 99-03, along with finish grading for the site and infrastructure improvements. The proposed project includes the applications summarized below in Table 1. In addition to the discretionary actions, a Minor Master Plan Amendment MP 98-01(E), pursuant to Section 2.5.2 of the Villages La Costa Master Plan, is being processed to; transfer four residential units from Neighborhood 3.3 to 3.1; combine the community recreation facilities for both Neighborhoods 3.1 and 3.3 into one common facility located in Neighborhood 3.1; and modify text and graphics in the Villages of La Costa Master Plan to reflect the changes to the Master Plan. Action taken on the maps will be contingent on the action taken on the Minor Master Plan Amendment. MP 98-01(E)/CT 05-14/PUD Oa-ll/CT 05-15/PUD 05-12/CT 05-16/PUiJ 05-13-LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16, 2006 Page 3 LI TABLE 1 - NEIGHBORHOOD APPLICATIONS Application Number MP98-01(E) CT 05-14 PUD 05- 11 CT05-15 PUD 05-12 CT 05-16 PUD 05-13 Master Plan Neighborhood 3. land 3. 3 3.1 3.3 3.4 and 3.5 Area in acres 27.8 48.9 23.9 Residential Lots Permitted by the MP 76 138 91 Minimum Lot Size Required 5,000 sq. ft. 6,000 sq. ft. 5,000 sq ft Number of Lots Proposed 80 residential* 3 open space 1 20 residential 2 open space 83 residential 2 open space *Neighborhood 3.3 is transferring four units to neighborhood 3.1 Architectural plans and plotting for the subdivision will require discretionary approval. However, the Master Plan does allow this review to be postponed to a future date. To determine compliance with the provisions of the Master Plan for future plotting and architecture, a major amendment to the PUD permits will be required. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. Villages of La Costa Master Plan (MP 98-01); C. Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code); D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); and E. Growth Management Regulations (Zone 11 Local Facilities Management Plan). The recommendation for approval of these projects 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 Neighborhoods 3.1, 3.3, 3.4 and 3.5 is Residential Low-Medium Density (RLM). The RLM designation allows single-family residential development at a range of 0-4 dwelling units per acre (du/ac). The Villages of La Costa Master Plan limits the maximum number of dwelling units for each neighborhood. The density for each Neighborhood is 2.9, 2.5 and 3.5 (Neighborhood 3.4 and 3.5 combined) du/ac with a total of 283 units proposed where a maximum of 305 were allowed by the Villages of La Costa Master Plan. The average density of all neighborhoods throughout the Oaks North project is 2.8 du/ac. The Villages of La Costa Master Plan was found to comply with all applicable General Plan Goals, Objectives and Policies including the Housing Element. This project is in conformance 77 f . f MP 98-01(E)/CT 05-14/PUD 0^-11/CT 05-15/PUD 05-12/CT 05-16/PLnJ 05-13- LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16, 2006 Page 4 'L. with the Master Plan and therefore is also in compliance with the General Plan. The project complies with Elements of the General Plan as outlined in Table 2 below. TABLE 2 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Site is designated for RLM at 0.0-4.0 du/ac. Single-family lots from 2.5 to 3.5 du/ac with an average density of 2.8 du/ac* Yes Housing Provision of affordable housing The Master Plan includes two affordable sites, one of which has already been completed and occupied and the other is under construction. Yes Open Space & Conservation Minimize environmental impacts to sensitive resources within the City City Wide Trail Program Open space preserve areas are identified in the HCP, certified EIR and Master Plan. These areas are not proposed for development. Master Plan trails and connections to the adjacent neighborhoods identified in the plan are included. Yes Yes Noise Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL A project specific noise study for the Tentative Map identified areas along Rancho Santa Fe Road in Neighborhood 3.1, 3.4 and 3.5 that will require noise barriers to reduce interior and exterior noise levels to acceptable levels. v Yes The project includes measures such as fire suppression zones, fire resistive construction and fire sprinklers. Public Safety Reduce fire hazards to an acceptable level. Yes Circulation Require new development to construct roadway improvements needed to serve proposed development. The project will construct public streets needed to serve the development. Yes * The density calculations for the Villages of La Costa Master Plan were based on the whole Master Plan area. The units were then distributed among the neighborhoods and the description of each neighborhood contains the maximum allowable units. Since the proposed number of units within each Neighborhood will not exceed the number identified in the Master Plan, except as noted for Neighborhood 3.1 and MP 98-01(E)/CT 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05-16/PUD 05-13-LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16, 2006 Page 5 i; provided for by Master Plan Amendment 98-01(E), the densities of the subject neighborhoods are consistent with the General Plan. B. Villages of La Costa Master Plan (MP 98-01) The project is within the La Costa Oaks Village of the Villages of La Costa Master Plan. The Master Plan maps and text define the allowable type and intensity of land uses in each village and provides detailed development and design standards, requirements, development phasing and timing, and the method by which the Master Plan will be implemented. Master Plan Amendment 98-01 (E) Approval of a Minor Master Plan Amendment is necessary to implement the proposed projects and consists of three components as follows: 1) a transfer four dwelling units from Neighborhood 3.3 to Neighborhood 3.1. Dwelling unit transfers are allowed by the Villages of La Costa Master Plan provided that the number of units transferred does not exceed ten percent between the neighborhoods and are located in the same village. The transfer occurs within the Village of the Oaks North area and is only five (5) percent; 2) The original plan provided recreational facilities in the form of one "pocket park" for each of the Neighborhoods 3.1 and 3.3. The proposed amendment would combine the recreation facilities into one larger facility within Neighborhood 3.1 to serve Neighborhoods 3.1 and 3.3. The requirement of neighborhoods 3.1 and 3.3 is 12,400 sq ft and 15,900 sq ft respectively, given the current number of units proposed on the Tentative Maps. As proposed, the one recreation site within Neighborhood 3.1 is required to provide 28,300 sq ft. The project is providing a 2.2 acre lot with a developable pad area of 53,200 sq ft. The combined facility would provide better amenities and would be similar to the facilities provided in the Oaks South and Greens Villages; and, 3) minor text and graphic changes to the Master Plan document. CT 05-14/CT 05-15/CT 05-16/PUD 05-1 I/PUD 05-12/PUD 05-13- LA COSTA - OAKS NORTH NEIGHBORHOODS 3.1. 3.3. 3.4 AND 3.5 Compliance with the development and design standards of the Master Plan applicable to dwelling units will be assessed at a later date through a Planned Unit Development Amendment. The project complies with the following requirements of the Master Plan ag demonstrated in Table 3 below. MP 98-01(E)/CT 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05-16/PUD 05-13-LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16,2006 Page 6 I- TABLE 3 - VILLAGES OF LA COSTA MASTER PLAN REQUIREMENTS STANDARD Street Standard Trail System Village Landscape Concept & Palette Signs Affordable Housing Village Theme Walls REQUIRED 4 l/2 ft. landscaped parkways between the curb and sidewalk. Citywide and Master Plan trails as shown in the La Costa Oaks Trail and Recreation Plan (Exhibit 7-5). Compliance with the landscape theme tree and plant varieties. Compliance with the design and location requirements for neighborhood entry signs. 15% of the total number of units in the Master Plan are to be affordable. Required along arterial streets and major collectors. PROPOSED 4 !/2 to 7 1/2 ft. wide landscaped parkways between the curb and sidewalk. Required trails are shown on the approved Master Tentative Map on the south side of Neighborhoods 3.3 and 3.5. The Conceptual Landscape Plans have been found to comply with the Master Plan. Signs comply in design and location with Section 4.9.2 and Exhibit 7-16 of the Master Plan. 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 and is occupied allowing for final maps for a total of 1,020 market-rate units anywhere in the Master Plan. Wall design and locations are shown as part of the conceptual landscape plans. The Master Plan designates Neighborhoods 3.1, 3.3, 3.4 and 3.5 for single-family detached homes. The minimum lot size and lot width for each neighborhood will bfc evaluated in the Subdivision Section of this report. The pad elevations proposed on the Tentative Tract Map substantially conform to the conceptual grading and lotting study included in the Master Plan. The Master Plan includes special provisions applicable to specific neighborhoods. The special provisions applicable to Neighborhoods 3.1, 3.3, 3.4, and 3.5 include noise attenuation along Rancho Santa Fe Road if required by a noise analysis, provision of a recreation facility in Neighborhoods 3.1 and 3.3, landscaping and lighting compatibility with adjacent open space lots, the provision of a Fire Protection Zone and special landscape treatment along Rancho Santa Fe Road. A noise analysis was conducted and noise attenuation is required for lots along Rancho Santa Fe Road in Neighborhoods 3.1, 3.4, and 3.5. The attenuation is provided in the form of six-foot MP 98-01(E)/CT 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05-16/PUD 05-13-LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16,2006 Page? b walls with the lower portion being decorative block and the upper portion being tempered glass to preserve distant views. The construction of the noise wall will attenuate the roadway noise to meet City noise standards. The Master Plan calls for separate park facilities in Neighborhoods 3.1 and 3.3. The project applicant proposes to combine the two park areas into one facility consistent with the other major facilities in the Oaks South and Greens Villages. The shared recreation facility is proposed in Neighborhood 3.1. The combining of the pocket parks to a shared facility in Neighborhood 3.1 is within the scope of a Minor Master Plan Amendment MP 98-01(E). The type of landscaping shown is a mixture of "naturalizing" shrubs and ground cover. No lighting is proposed other than street lights. Fire zones meeting the standards of the City of Carlsbad Landscape Manual are identified on the Conceptual Landscape Plans and the Tentative Map identifies lots requiring future homes to include fire resistive construction and fire sprinklers. Landscaping is proposed on all manufactured slopes including those contiguous to Open Space lot 3-A, interior slopes and Rancho Santa Fe Road. C. Planned Development Regulations The Villages of La Costa Master Plan contains development standards for a variety of lot sizes and product types. Generally, lots with a minimum lot size of 7,500 square feet or greater are not required to comply with the Planned Development standards. However, Neighborhoods 3.1, 3.4 and 3.5 have lots that are a minimum 5,000 square feet and neighborhood 3.3 has lots that are a minimum 6,000 square feet in size and therefore require approval of a Planned Development Permit. Certain Master Plan standards differ from those adopted in Municipal Code Chapter 21.45 (the Planned Development Ordinance). The Master Plan provides that the Planned Development Ordinance shall be used unless otherwise modified in the Master Plan. No dwelling units are proposed with this Tentative Map. Therefore, compliance with the Planned Development and Master Plan regulations will be limited to those that are applicable only to the subdivision of the property. Table 4 demonstrates the project's compliance with the required standards. TABLE 4 - PLANNED DEVELOPMENT REGULATIONS/ MASTER PLAN REQUIREMENTS NEIGHBORHOODS 3.1,3.3,3.4 and 3.5 STANDARD Visitor Parking Recreational Vehicle Storage Permitted or Required None 20 sq. ft./du Proposed Adequate parking is provided on the internal local streets as permitted by the Master Plan. A common Master Plan facility is to be provided in Neighborhood 3.2 prior to occupancy of any units in Neighborhoods 3.1, 3.3, 3.4, and 3.5 residences. MP 98-01(E)/CT 05-14/PUD Oi-11/CT 05-15/PUD 05-12/CT 05-16/PDD 05-13-LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16,2006 Page 8 L; TABLE 4 - PLANNED DEVELOPMENT REGULATIONS/ MASTER PLAN REQUIREMENTS NEIGHBORHOODS 3.1,3.3,3.4 and 3.5 STANDARD Shared Recreation Area Minimum Lot Size Minimum Lot Width Permitted or Required Provide in Neighborhood 3.1 Neighborhoods 3.1, 3.4 and 3.5 = 5,000 sq. ft. Neighborhoods 3.3 = 6,000 sq. ft. 50ft. Proposed Proposed in Neighborhood 3.1 as allowed by MP 98-01(E). Currently in process with CT 05- 14. > 5,000 sq. ft. min. > 6,000 sq ft min. >50ft. D.Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, minimum lot area, and the design of the project so that individual residential lots do not have street frontage or access to Circulation Element roads. The project is consistent with and satisfies all requirements of the General Plan, the Villages of La Costa Master Plan and Title 21. The minimum required lot size for Neighborhoods 3.1, 3.4 and 3.5 is 5,000 square feet and the minimum lot size for neighborhood 3.3 is 6,000 square feet. Each of the proposed residential lots meets the applicable minimum lot area and lot width required by the Master Plan. The developer will be required to offer various dedications (e.g., drainage easements, street right-of-way) and install street lights and utility improvements, including but not limited to curbs, gutters, sidewalks, landscaping, street trees, sewer facilities, drainage facilities, fire hydrants, and street lights. X E. Growth Management The subdivisions are located within Local Facilities Management Zone 11 in the southeast quadrant of the City. The impacts on public facilities created by the subdivisions, and their compliance with the adopted performance standards, are summarized in Table 5 below. MP 98-01 (E)/CT 05-14/PUD (b-11/CT 05-15/PUD 05-12/CT 05-16/PUU 05-13- LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16,2006 Page 9 L. TABLE 5 - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools - San Dieguito Union High/Encinitas Union Elementary School District Sewer Collection System Water IMPACTS 983.9 sq. ft. 524.7 sq. ft. 283 EDU 1 .97 acres Basin D 2,830 ADT Station No. 6 Provided pursuant to the HCP Elementary - 1 16 students Middle School - 93 students High School - 93 students 283 EDU 62,260 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The existing Master Plan allocated 305 dwelling units to the entire 100.6 acres of Neighborhoods 3.1, 3.3, 3.4 and 3.5. The 283-unit proposal is 22 units under the allowance of the Villages of La Costa Master Plan. V.ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that was not previously examined and evaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master Plan MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential environmental effects of the development and operation of the "Villages of La Costa Master Plan" and associated actions inclusive of the proposed planning area projects reviewed herein. 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 Mitigaticfti Monitoring and Reporting Program from EIR 98-07 applicable to the proposed Planning Area project have been completed, incorporated into the project design or are required as conditions of approval for the project. Mitigation Measure 4.8-1A required an acoustical analysis for certain areas of the Master Plan to identify noise control requirements on project plans necessary to meet the City of Carlsbad interior and exterior noise levels. The required studies were provided and the plans have incorporated noise walls where appropriate. The EIR 98-07 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Villages of La Costa Master Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. The total number of Master Plan units evaluated in EIR 98-07 will not be increased. This project is within the scope of Final Program EIR 98-07 f MP 98-01(E)/CT 05-14/PUD 6>1 1/CT 05-15/PUD 05-12/CT 05-16/PUu 05-13- LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 August 16, 2006 Page 10 ^ and no further CEQA compliance is required. EIR 98-07 and the initial study are available at the Planning Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6145 (MP 98-01(E)) 2. Planning Commission Resolution No. 6146 (CT 05-14) 3. Planning Commission Resolution No. 6147 (PUD 05-11) 4. Planning Commission Resolution No. 6148 (CT 05-15) 5. Planning Commission Resolution No. 6149 (PUD 05-12) 6. Planning Commission Resolution No. 6150 (CT 05-16) 7. Planning Commission Resolution No. 6151 (PUD 05-13) 8. Location Map 9. Background Data Sheet 10. Local Facilities Impacts Assessment Form 11. Disclosure Statement 12. Reduced Exhibits 13. Full Size Exhibits "A" - "M" dated August 16, 2006 (CT 05-14/PUD 05-11) 14. Full Size Exhibits "A" - "R" dated August 16, 2006 (CT 05-15/PUD 05-12) 15. Full Size Exhibits "A" - "N" dated August 16, 2006 (CT 05-16/PUD 05-13) BACKGROUND DATA SHEET CASE NO: MP 98-OlfEVCT 05-14/CT 05-15/CT 05-16/PUD 05-1 I/PUD 05-12/PUD 05- 13 : L : CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOODS 3.1. 3.3. 3.4 and 3.5 APPLICANT: Real Estate Collateral Management Co.. 1903 Wright Place. Suite 180. Carlsbad. CA 92008 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 1) approval of a Minor Master Plan Amendment to the Villages of La Cost Master Plan to transfer four dwelling units between neighborhoods 3.3 to 3.1, combine the community recreation facilities for Neighborhoods 3.1 and 3.3 into neighborhood 3.1 and modify text and graphics in the Master Plan to reflect the changes to the Master Plan and 2) a recommendation for approval of three Tentative Tract Maps and three Planned Development permits for 283 residential lots and 7 open space lots for Neighborhoods 3.1, 3.3, 3.4 and 3.5. The project sites are located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11. LEGAL DESCRIPTION: Lots 201. 202. 203. 204. 205. 211, 215 and 217 of the City of Carlsbad Tract CT 99-04-03. Villages of La Costa - La Costa Oaks North in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego County Recorder on April 16, 2006. APN: 223-011-02,03.07,08 and 223-021-08. 11 Acres: 100.6 Proposed No. of Lots/Units: 290/283 GENERAL PLAN AND ZONING Existing Land Use Designation: Residential Low Medium (RLM) Proposed Land Use Designation: Same Density Allowed: 3.2 Density Proposed: 2.8 Existing Zone: Planned Community (PC (R-D) Proposed Zone: PC (R-l) Surrounding Zoning, General Plan and Land Use: •*. General Plan Current Land Use Site PC (Master Plan R-l) RLM Vacant North PC (Master Plan O-S) OS Open Space South PC (Master Plan O-S) OS Open Space East PC (Master Plan C-F) CF/RMH Vacant/RSF Road West PC (Master Plan O-S) OS Open Space Revised 01706 lOCAL COASTAL PROGRAM Coastal Zone: |~~[ Yes IXI No Local Coastal Program Segment: N/A i- Within Appeal Jurisdiction: I I Yes 1X1 No Coastal Development Permit: [~1 Yes 1X1 No Local Coastal Program Amendment: I I Yes IXI 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: San Dieguito Unified Water District: Vallecitos Sewer District: Vallecitos Equivalent Dwelling Units (Sewer Capacity): 283 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued Certified Environmental Impact Report, dated. Other, Prior Compliance with EIR 98-07 Revised 01/06 ( . (' CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM ! - LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: LA COSTA OAKS NORTH NEIGHBORHOODS 3.1. 3.3. 3.4 and 3.5 - MP 98-01 fEVCT 05-14/CT 05-15/CT 05-16/PUD 05-1 I/PUD 05-12/PUD 05-13 LOCAL FACILITY MANAGEMENT ZONE: U GENERAL PLAN: RLM ZONING: Planned Community (Villages of La Costa Master Plan) DEVELOPER'S NAME: Real Estate Collateral Management Co ADDRESS: 1903 Wright Place. Suite 180. Carlsbad. CA 92008 PHONE NO.: 760-929-27-01 ASSESSOR'S PARCEL NO.: 223-021-08. 11. 223-011-02. 03. 07.08.11 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 100.6 ac/283 du ESTIMATED COMPLETION DATE: ASAP A. City Administrative Facilities: Demand in Square Footage = 983.9 B. Library: Demand in Square Footage = 524.7 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 283 D. Park: Demand in Acreage = 1.97 E. Drainage: Demand in CFS = 160.1 Identify Drainage Basin = Basin D F. Circulation: Demand in ADT = 2.830 G. Fire: Served by Fire Station No. = Station No. 6 H. Open Space: Acreage Provided = Per HCP I. Schools: See Table 5 in Staff Report San Dieguito/Encinitas J. Sewer: Demands in EDU 283 . K. Water: Demand in GPD = 62.260 L. The project is 22 units below the Villages of La Costa Master "Plan dwelling unit allowance. Citv 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- APPLIQABLE_CN/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the ssses of the corporate officers. (A separate page may be attached ifnames Corp/Part Morrow Development Title ___ Address 1903 Wright Place. Ste 180 / Carlsbad. CA 92008 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 neeessary.) Person Corp/Part Real Estate Collateral Management Company Title Title Address Address 1903 Wright Place. Suite 180 Carlsbad. CA 92Q08 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 $20 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council-within the past twelve (12) months? [XI No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. e above information is true and correct orowner/date Ag nt for RECM; Fred M. Arbuckle Pfe iident of Morrow Development Print or type n§me of owner otheb knowledge. ignaiure of applicant/date Fred M. 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MP 98-OKEVCT 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05-16/PUD 05-13-LA COSTA OAKS NORTH NEIGHBORHOODS 3.1. 3.3. 3.4 AND 3.5 - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and 1) approval of a Minor Master Plan Amendment to the Villages of La Costa Master Plan to transfer four dwelling units between neighborhoods 3.3 to 3.1, combine the community recreation facilities for Neighborhoods 3.1 and 3.3 into neighborhood 3.1 and modify text and graphics in the Master Plan to reflect the changes to the Master Plan and 2) a recommendation for approval of three Tentative Tract Maps and three Planned Development permits for 283 residential lots and 7 open space lots for Neighborhoods 3.1, 3.3, 3.4 and 3.5. The project sites are located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11. Mr. Neu introduced Agenda Item 2 and stated Senior Planner Van Lynch would make the staff presentation. Mr. Lynch gave a presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of staff. Commissioner Baker asked Mr. Lynch to identify on the slide presentation the trails and connections between the neighborhoods and around the project. Mr. Lynch pointed out the trails and connections throughout the neighborhood and around the project. Chairperson Montgomery asked the applicant if he would like to make a presentation. Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, made a presentation. Chairperson Montgomery asked the applicant if he would like to continue with only six Commissioners present. The applicant replied yes. Chairperson Montgomery asked if there were any questions of the applicant. Chairperson Montgomery opened public testimony and asked if there was anyone in the audience who wished to speak on Agenda Item 2; seeing none, Chairperson Montgomery closed public testimony. Commissioner Baker asked the applicant if not developing the area of land containing the group of 7 parcels was considered and asked if the sites developed on that area would flatten a hill. The applicant stated the seven parcels in the area were uphill and he did not recall if they gave consideration to not developing the land. The applicant explained the land was not impacted by the Habitat Conservation Plan and had no sensitivity but did create an opportunity for the developer to provide view sites. Commissioner Dominguez asked if the applicant had an affordable housing unit estimate which would be developed along the east side of the master plan. The applicant stated 168 affordable apartment units were approved for the site. Commissioner Heineman asked how soon the sites would be on the market. The applicant stated he thought the development would be complete and available sometime in the next year or two. MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission ADOPT Planning Commission Resolution No. 6145 APPROVING Minor Master Plan Amendment MP 98-01 (E), and ADOPT Planning Commission Resolutions No. 6146, 6147, 6148, 6149, 6150 and 6151 RECOMMENDING APPROVAL of Tentative Tract Maps CT 05-14, CT 05-15 and CT 05-16 and 13s- Planning Commission Minutes August 16, 2006 Page 4 Planned Unit Development Permits PUD 05-11, PUD 05-12 and PUD 05-13 based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman and Whitton NOES: None ABSENT: Commissioner Segall Chairperson Montgomery closed the Public Hearing on Item 2 and asked Mr. Neu to introduce the next item. I3L PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Tim< Formerly known as the Blade-Citizen an Times-Advocate and which newspapers hav adjudicated newspapers of general circulati the Superior Court of the County of San ; State of California, for the City of Oceansk the City of Escondido, Court Decree n 171349, for the County of San Diego, th notice of which the annexed is a printed coj in type not smaller than nonpariel), has published in each regular and entire issue o newspaper and not in any supplement there the following dates, to-wit: September 15 ,2006 I certify (or declare) under penalty of perjur the foregoing is true and correct. Dated at SAN MARCOS California This 15th Day of September, 2006 j«— mj -9C5 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICg OF PUBLIC HEARING 9 NOTICE IS HEREBY GIVEN to you. because your interest may be affected, that the City Council of the CityW o\ Carlsbad will hold---- .. a public hearing, at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad.at 6:QOj>.m. on Tuesday, September 26, 2006 . to consider approval of three Tentative Tract'Units for 283 residential lots and 7 open space lots for La Costa OaksCalifomi North Neighborhoods 3.1 ~3.3~3S arid" 3.5 in the'Viiliges"ofLa "Costa"Master Man. ~The~prb]ecf sites are locatedwest of fiancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities ManagementZone 11, and more particularly described as: Tract CT 99-04-03, Villages of La Costa, La Costa Oaks North, in the Cityof California, according to Map No. 15318 filed in the Office of the Sani. as File Number 2<tract CT 99-04-03,of California, aco —. oh April 18, 2506. as File No. 2006-6271.^ and 217 of the City of Carlsbad Tract 99-04-03,County of San Diego. ""*- -' '"—:-1 Recorder on April! 8i, illages of La Costa, La Costa Oaks North, in tho „„,ig to Map No. 1531S filed in the Office of San Diego s of La Costa. La Costa Oaks North, iii Map No. 15318 filed in the Office CitySan Those persons wishing to speak on thisagenda bill will be available on and after _ _,the Planning Department at (760) 602-4613: _. are cordially invited to attend the public hearing. Copies of theiber 22, 2006. If you have any questions, please call Van Lynch in The time within which you may Judicially challenge this Tentative Tract Maps and/or Planned Development Permits.if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract' is and/or Planned Development Permits in court, you may be limited to raising only those issues you or someonei raised at the public hearing described in this notice or in written correspondence delivered to the City ofIsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public ring. CASE FILE:CT 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05-16/PUD 05-13 CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 PUBLISH: September 15, 2006 NCT1981724 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 approval of three Tentative Tract Maps and three Planned Development Permits for 283 residential lots and 7 open space lots for La Costa Oaks North Neighborhoods 3.1, 3.3, 3.4 and 3.5 in the Villages of La Costa Master Plan. The project sites are located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11, and more particularly described as: Lots 205 and 215 of the City of Carlsbad Tract CT 99-04-03, Villages of La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego County Recorder on April 18, 2006, as File Number 2006-0271049, Lots 202 and 203 of the City of Carlsbad Tract CT 99-04-03, Villages of La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of San Diego County Recorder on April 18, 2006, as File No. 2006- 0271049, and Lots 201, 204 and 217 of the City of Carlsbad Tract 99-04-03, Villages of La Costa, La Costa Oaks North, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego County Recorder on April 18, 2006, as File No. 2006- 0271049. 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 Van Lynch in the Planning Department at (760) 602-4613. The time within which you may judicially challenge this Tentative Tract Maps and/or Planned Development Permits, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Maps and/or Planned Development Permits 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 05-14/PUD 05-11/CT 05-15/PUD 05-12/CT 05-16/PUD 05-13 CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOODS 3.1, 3.3, 3.4 AND 3.5 PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL SITEMAP NOT TO SCALE VILLAGES OF LA COSTA OAKS NORTH NEIGHBORHOOD 3.1 CT 05-14/PUD 05-11 SITEMAP NOT TO SCALE VILLAGES OF LA COSTA OAKS NO. P.A. 3.3 CT 05-157 PUD 05-12 \\ \\ \ \ SITEMAP NOT TO SCALE VILLAGES OF LA COSTA OAKS NO. P.A. 3.4 AND 3.5 CT 05-167 PUD 05-13 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 STE 100 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 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD RECREATION ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD PUBUC WORKS/ENGINEERING DEPT- PROJECT ENGINEER FRANK JIMENO CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH 08/30/2006 AH3AV-OD-008-1 anirlDi Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® REAL ESTATE COLLATERAL M STE180 1903 WRIGHT PL CARLSBAD CA 92008 ALICE & ROBERT SMITH 1687 LA PLAZA DR SAN MARCOS, CA 92078 JACQUES GOURMET LLC 1709 LA COSTA MEADOWS DR SAN MARCOS CA 92069 PER/KOLL LLC 4343 VON KARMAN AVE NEWPORT BEACH, CA 92660 GILLIES REVOCABLE TR 1701 LA COSTA MEADOWS DR SAN MARCOS, CA 92078 ELSMORE TR 2017PINTORESCOCT CARLSBAD, CA 92009 LA COSTA MEADOWS INVESTOR 2221 LAS PALMAS DR CARLSBAD CA 92009 SGP LLC UNIT 101 1699 LA COSTA MEADOWS DR SAN MARCOS, CA 92078 LA COSTA MEADOWS LLC 1697 LA COSTA MEADOWS DR SAN MARCOS, CA 92078 CAMDEN USA INC STE 1300 3 E GREENWAY PLZ HOUSTON TX 77046 BROOKFIELD UNIVERSITY COMMONS LLC UNIT 200 12865 POINTE DEL MAR WAY DEL MAR CA 92014 DR HORTON STE 210 5790 FLEET ST CARLSBAD CA 92008 I/It cr CNLM STEH 425 E ALVARADO ST FALLBROOK CA 92028 HUNTER INDUSTRIES INC STE 1150 550WCST SANDIEGOCA 92101 MORROW DEVELOPMENT STE 180 1903 WRIGHT PL CARLSBAD CA 92008 AMERICAN REAL ESTATE DEV UNIT 255 11300 SORRENTO VALLEY RD SAN DIEGO, CA 92121 CHELSEA INVESTMENT CORP 725 S. COAST HIGHWAY 101 ENCINITAS CA 92024 JACK HENTHORN & ASSOC STE A 5365AVENIDAENCINAS CARLSBAD CA 92008 .no ic AM3AV-OD-008-1 1 La Costa Oaks North La Costa Oaks North Neighborhoods 3.1, 3.3, 3.4 Neighborhoods 3.1, 3.3, 3.4 and 3.5and 3.5 CT 05CT 05--14/PUD 0514/PUD 05--1111 CT 05CT 05--15/PUD 0515/PUD 05--1212 CT 05CT 05--16/PUD 0516/PUD 05--1313 LocationLocation MapMap CT 05CT 05--14/PUD 0514/PUD 05--1111 SITIO TORTUGARANCHO SANTA FE RDRANCHO SANTA FE RD (ABANDONED)COR INTIA STSA N E L IJO RD MELROSE DR CITY BOUNDARY 2SITIO TORTUGARANCHO SANTA FE RD (ABANDONED)SIT I O CABALLERO MEL ROSE DRSAN E L IJO R D XANA WY RANCHO SANTA FE RD0 500 1,000250Feet MP 98-01(E)/CT 05-14/ PUD 05-11 VILLAGES OF LA COSTA OAKS NO. NEIGHBORHOOD 3.1 Location MapLocation Map CT 05CT 05--15/PUD 0515/PUD 05--1212 RANCHO SANTA FE RDR ANCHO SANTA FE RD (ABANDONED )CADENCIA ST SAN ELIJO R D CITY BOUNDARY 3RANCHO SANTA FE RDCADENCIA ST PASEO PLOMOC OR IN TI A S T FOSCA ST 0 400 800 1,200200Feet CT 05-15/ PUD 05-12 VILLAGES OF LA COSTA OAKS NO. P.A. 3.3 Location MapLocation Map CT 05CT 05--16/PUD 0516/PUD 05--1313 RANCHO SANTA FE RDRANCHO SANTA FE RD (ABANDONED)AVENIDA SOLEDADSAN E L IJO RD CITY BOUNDARY 4RANCHO SANTA FE RDR A NCHO SANTA FE RD (ABANDONED)SAN E L IJ O RD 0 400 800 1,200200Feet CT 05-16/ PUD 05-13 VILLAGES OF LA COSTA OAKS NO. P.A. 3.4 AND 3.5 Master Plan AmendmentMaster Plan Amendment „„Transfer of 4 units from Neighborhood 3.3 to Transfer of 4 units from Neighborhood 3.3 to 3.13.1 „„Combining of two recreation areas into one Combining of two recreation areas into one facilityfacility „„Text and graphic changes to reflect Master Plan Text and graphic changes to reflect Master Plan AmendmentAmendment „„Minor approved at Planning CommissionMinor approved at Planning Commission 5 Tract MapsTract Maps „„CT 05CT 05--14 14 --Neighborhood 3.1 Neighborhood 3.1 ––5,000 sq ft lots5,000 sq ft lots „„CT 05CT 05--15 15 --Neighborhood 3.3 Neighborhood 3.3 ––6,000 sq ft lots6,000 sq ft lots „„CT 05CT 05--16 16 ––Neighborhoods 3.4 & 3.5 Neighborhoods 3.4 & 3.5 ––5,000 sq ft 5,000 sq ft lotslots SITIO TORTUGARANCHO SAN TA FE RD (ABANDONED)SITIO CABAL LERO MELROSE DRSAN ELIJO RD XANA WY RANCHO SANTA FE RD 0 500 1,000250Feet MP 98-01(E)/CT 05-14/ PUD 05-11 VILLAGES OF LA COSTAOAKS NO. NEIGHBORHOOD 3.1 RANCHO SANTA FE RD CADENCIA ST PASEO PLOMOCORINTIA ST FOSCA ST 0 400 800 1,200200Feet CT 05-15/ PUD 05-12 VILLAGES OF LA COSTAOAKS NO. P.A. 3.3 RANCH O SANTA FE RD RANCHO SANTA FE RD (ABANDONED) SAN ELIJO RD 04008001,200200Feet CT 05-16/ PUD 05-13 VILLAGES OF LA COSTAOAKS NO. P.A. 3.4 AND 3.5 Master Plan requirementsMaster Plan requirements „„Trial SystemTrial System „„Landscape Concept planLandscape Concept plan „„SignsSigns „„Affordable HousingAffordable Housing „„Village Theme WallsVillage Theme Walls „„Recreation FacilitiesRecreation Facilities „„RV parkingRV parking 6 RecommendationRecommendation „„That the City Council Adopt the Resolutions That the City Council Adopt the Resolutions approving the Tentative Tract Maps and approving the Tentative Tract Maps and Planned Development Permits.Planned Development Permits.