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HomeMy WebLinkAbout1998-12-15; City Council; 14985; SHELLEY TRACT MAP - |EIR 90-06|CT 90-03|HDP 90-11|PUD 90-04|SUP 90-04|- / - CtTY OF CARLSBAD - AGEtwA BILL AB# /+ ?Br’ TITLE- -. , MT& 12115/98 DEPT. PLN # SHELLEY TRACT MAP EIR 90-061CT 90-031HDP 90-I 1 PUD go-04/SUP go-04 97 G3 0 DEPT. HD. & CITY A CITY MGR- RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 9P- 417 CERTIFYING Environmental Impact Report, EIR 90-06, and APPROVING CT 90-03, HDP 90-I 1, PUD 90-04 and SUP 90-04 as recommended for approval by the Planning Commission. ITEM EXPLANATION: The Shelley Tract Map project is a request for approval of permits to enable the subdivision of a 103.9 acre parcel, located to the north of Olivenhain Pioneer Elementary School and east of Ranch0 Santa Fe Road, into 251 single family lots, 7 open space lots and one recreational vehicle storage lot. The Planning Commission recommended approval of this project (5-0, Heineman and Welshons absent) to the City Council. However, Commissioners expressed a concern over the general availability of schools in the Encinitas Union School District and stated that they were casting their yes votes “reluctantly”. Several nearby residents spoke at the public hearing voicing a strong concern regarding the availability of school services in the Encinitas Union School District. A representative from Encinitas Union School District also spoke on school availability. Residents also had a concern with the loss of the existing undeveloped land to development. As discussed in the EIR, the City is limited by State law in the amount of mitigation that can be required for impacts to schools. This project has been conditioned to pay the maximum school fee authorized by State law. The staff and the Planning Commission are recommending approval of the project based on the facts that the property is a good location for residential uses because of its compatibility with the surrounding residential developments and the project’s compliance with applicable City codes and policies. More detailed information is included in the attached staff report to the Planning Commission and excerpts from the minutes of that meeting. ENVIRONMENTAL REVIEW: An Environmental Impact Report was processed addressing all necessary discretionary approvals needed to develop the project. The report was found by staff and the Planning Commission to have been prepared in compliance with State and City regulations. The project will result in significant unmitigated impacts to cumulative air quality and traffic. Overriding considerations are proposed for adoption for these two impacts and are contained in Planning Commission Resolution No. 4349. FISCAL IMPACT: All required facility improvements are to be funded by development within the Zone. PAGE 2 OF AGENDA alLL NO. /r: fw-- I EXHIBITS: - 1. City Council Resolution No. SW-&7 2. Location Map 3. Planning Commission Resolutions No. 4349,4350,4351,4352,4353 4. Planning Commission Staff Report, dated October 7, 1998 5. Excerpts of Planning Commission Minutes, dated October 7, 1998 6. EIR 90-06 (previously distributed). a - RESOLUTION NO. g&b17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, A STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING CANDIDATE FINDINGS OF FACT, THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A TENTATIVE TRACT MAP, A HILLSIDE DEVELOPMENT PERMIT, A PLANNED DEVELOPMENT PERMIT, AND A SPECIAL USE PERMIT FOR THE SHELLEY TRACT MAP LOCATED EAST OF RANCH0 SANTA FE ROAD AND NORTH OF CALLE ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE II. CASE NAME: SHELLY TRACT MAP CASE NO.: EIR 90-06/CT90-03/HDP 90-I 1 PU D 90-04/SU P90-04 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, on October 7, 1998, the Carlsbad Planning Commission held duly noticed public hearings to consider a proposed Environmental Impact Report (EIR 90-06), Tentative Tract Map (CT 90-03), Hillside Development Permit (HDP 90-11) Planned Development Permit (PUD 90-04), and Special Use Permit (SUP 90-04) for project development on 103.9 acres of land, adopted Planning Commission Resolutions No. 4349 through 4353, respectively, recommending to the City Council that they be approved ; and WHEREAS, the City Council of the City of Carlsbad, on the 15th day of December , 1998 held a public hearing to consider the recommendations and heard all persons interested in or opposed to EIR 90-06/CT 90-03/HDP 90-I l/PUD 90-04/SUP 90-04; and WHEREAS, an Environmental Impact Report was prepared and submitted to the State Clearinghouse and a Notice of Completion was filed, published, and mailed to responsible agencies and interested parties providing a 45 day review period. All comments received from the review period are fully incorporated into the conditions of approval for the project and these conditions will be reviewed through a mitigation monitoring and reporting program set up for this project. 3 t i E s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Environmental Impact Report (EIR 90-06) on the above referenced project is certified and the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program are approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 4349, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the City Council finds that the EIR, including areas of concern such as biology, air quality, traffic, noise, hydrology, grading, schools and land use compatibility, is adequate and that public notification was in compliance with the California Environmental Quality Act, State of California Planning and Zoning Law, and the Carlsbad Municipal Code, and is adequate. That the Tentative Tract Map (CT 90-03), Hillside Development Permit (HDP 90-I I), Aanned Development Permit (PUD 90-04) and Special Use Permit (SUP 90-04) for this project are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4350 through 4353, respectively, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED APPROVED AND ADOPTED at a regular meeting of the City Council December of the City of Carlsbad on the 15th day of / 1998, by the following vote, to wit: AYES: Council Members Lewis, Hall and Finnila NOES: Council Members Nygaard and Kulchin ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -3- 5 EXHIBIT 2 SHELLEY EIR 90906/CT 90903/HDP 90-I I/ PUD 90-04/SUP 90-04 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 EXHIBIT 3 I _ PLANNING COMMISSION RESOLUTION NO. 4349 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, EIR 90-06 FOR THE DEVELOPMENT OF A 259 LOT SUBDIVISION ON 103.9 ACRES OF LAND, AND RECOMMENDING APPROVAL OF THE CANDIDATE FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM ON PROPERTY GENERALLY LOCATED EAST OF RANCH0 SANTA FE ROAD AND NORTH OF CALLE ACERVO. CASE NAME: SHELLEY TRACT MAP CASE NO.: EIR 90-06 WHEREAS, Daniel Shelley, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described as, That portion of lots 13 and 14 of the subdivision of the Ranch0 Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the office of the County Recorder of San Diego County, June 27,1898; and An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Ranch0 Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. (the Property); and WHEREAS, said application constitutes a request for approval of CT 90-03, HDP 90-l 1, PUD 90-04, and SUP 90-04; and ! WHEREAS, said application also constitutes a request for approval of a Final ~ Environmental Impact Report, SHELLEY TRACT MAP, EIR 90-06, dated December 1997, as provided in Chapter 19.04 of the Carlsbad Municipal Code; and WHEREAS, the Final Environmental Impact Report consists of the 1997 Draft Environmental Impact Report, EIR 90-06, appendices and technical reports, written comments to the 1993 draft and 1997 draft and responses to all comments, all reports, 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applications, me-moranda, maps, letters and other planning documents prepared by the project engineering, design, and architectural consultants, the environmental consultant, and the City of Carlsbad that are before the decision makers, all documents submitted by the public and public agencies in connection with the project, matters of common knowledge to the City of Carlsbad which they consider as amended to include the comments and documents of those testifying at the public hearings and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearings into the report, all on file in the Planning Department incorporated by this reference, and collectively referred to as the “Report”.; and WHEREAS, the Planning Commission did, on the 7th day of October, 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the project; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Commission RECOMMENDS CERTIFICATION of Environmental Impact Report, SHELLEY TRACT MAP, EIR 90-06; RECOMMENDS APPROVAL of the Candidate Findings of Fact (“CEQA Findings”), attached hereto marked Exhibit “B” and incorporated by this reference; the Statement of Overriding Considerations (“Statement”), attached hereto marked Exhibit “B” and incorporated by this reference; and of the Mitigation Monitoring and Reporting Program (“Program”), attached hereto marked Exhibit “C” and incorporated by this reference; based on the following findings and subject to the following conditions. PC RESO NO. 4349 -2- 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C Findinvs: _ 1. The Planning Commission does hereby find that Final EIR 90-06, the Findings, the Program, and the Statement have been prepared in accordance with requirements of the California Environmental Quality Act, the State CEQA Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Final EIR 90-06, the environmental impacts therein identified for this project, the CEQA Findings, the Statement, and the Program, prior to RECOMMENDING APPROVAL of the project. 3. The Planning Commission finds that Final EIR 90-06 reflects the independent judgment of the City of Carlsbad Planning Commission. 4. As is more fully identified and set forth in Final EIR 90-06 and in the Findings, the Planning Commission hereby finds pursuant to Public Resources Code Section 2108 1 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity assigned thereby to implement same. 5. As is also noted in the above referenced environmental documents described in the above finding number 4, each of the alternatives to the project which were identified as potentially feasible in Final EIR 90-06 are found not to be feasible since they could not meet both the objectives of the project and avoid the identified significant environmental effects through implementation of feasible mitigation measures, for the reasons set forth in said Candidate Findings of Fact. 6. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and the Program. 7. Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, will remain. Therefore, the Planning Commission hereby recommends that the City Council of the City of Carlsbad issue, pursuant to Section 15093 of the CEQA Guidelines, a Statement of Overriding Considerations set forth in Exhibit “B”, which identifies the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. 8. The Record of Proceedings for this project consists of the following: A. B. The Report, CEQA Findings, Statement and Program; All reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the project Applicant, the environmental PC RESO NO. 4349 -3- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 consultant, and the City of Carlsbad that are before the decisionmakers as determined by the City Clerk; C. All documents submitted by members of the public and public agencies in connection with the EIR and the Addendum thereto on the project; I D. Minutes of all public meetings and public hearings; and E. Matters of common knowledge to the City of Carlsbad which they consider including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan for Zone 11, which may be found at the office of the City Clerk located at 1200 Carlsbad Village Drive and the Planning Department located at 2075 Las Palmas Drive in the custody of the City Clerk and the Planning Director. Conditions: 1. The project shall implement the mitigation measures described in Exhibit “C”, Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Shelley Tract Map. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of October, 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Monroy, Nielsen, and Savary NOES: ABSENT: Commissioners Heineman and Welshons ABSTAIN: BAILEY NOB@, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: - MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 4349 -4- /b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PLANNING COMMISSION RESOLUTION NO. 4350 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 90-03 TO SUBDIVIDE 103.9 ACRES INTO 259 LOTS ON PROPERTY GENERALLY LOCATED EAST OF RANCH0 SANTA FE ROAD AND NORTH OF CALLE ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY TRACT MAP CASE NO.: CT 90-03 WHEREAS, Daniel Shelley, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described as, That portion of lots 13 and 14 of the subdivision of the Ranch0 Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the office of the County Recorder of San Diego County, June 27,1898; and An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Ranch0 Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map identified as the Encinitas Creek Corridor Alternative in EIR 90-06 and as shown on Exhibit(s) “A”-“ M” dated October 7, 1998, on file in the Planning Department SHELLEY TRACT MAP, CT 90-03, as provided by Section 20.12.015 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of October 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. I/ 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SHELLEY TRACT MAP, CT 90-03, based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein for CT 90-03, is in conformance with the Elements of the City’s General Plan, based on the following: A. B. C. D. E. F. G. Land Use - The project’s proposed single family is consistent with the land use element of the General Plan and is consistent with the surrounding existing development. The project is consistent with the City’s General Plan since the proposed density of 2.86 du/acre is within the density range of O-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. Circulation - The project will provide sufficient onsite circulation for the estimated Average Daily Traffic. Noise - The noise analysis indicated that noise generated from Ranch0 Santa Fe Road could be mitigated to acceptable levels as identified in the General Plan through the use of noise attenuation structures and berms. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to pay an inclusionary housing impact fee. Open Space and Conservation - The project will incorporate a central Open Space area of nearly 20 acres which will be used as conservation and passive recreation in the form of a trail. Public Safety - All public safety services can be provided to the subdivision. Parks and Recreation - The project will not preclude the development of City parks or recreation facilities. PC RESO NO. 4350 -2- Id 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 2. 3. 4. 5. 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable -local facilities management plan and all City public facility policies and ordinances since: A. B. C. D. E. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. Statutory School fees will be paid to ensure the availability of school facilities in the Encinitas Union Elementary and San Dieguito Union High School Districts. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or are required as conditions of approval. The Developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. That coastal sage scrub habitat loss does not cumulatively exceed the 5% guideline established in the Draft Conservation Guidelines of the Draft Natural Community Conservation Plan (NCCP), in that the EIR identified that the project will impact .l acres of disturbed coastal sage scrub and .3 acres of Coyote scrub brush which may be considered as scrub habitat, and there is currently sufficient acreage remaining in the City’s 5% bank. That the habitat loss will not preclude connectivity between areas of high habitat values, in that the take is not within an area of linkage. PC PESO NO. 4350 -3- /3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. That the habitat loss will not preclude or prevent the preparation of the City’s Habitat Management Plan (HMP), in that the project is included as a “hard line” project within the HMP. That the habitat loss has been minimized and mitigated to the maximum extent practicable in accordance with the mitigation established by the NCCP Guidelines, in that the area of disturbance is less than one acre, will require issuance of a 4(d) permit if sufficient acreage is available at the time of 4(d) permit application and will be mitigated onsite. That the habitat loss will not appreciably reduce the likelihood of the survival and recovery of listed wildlife species in the wild, in that no sensitive wildlife species have been identified onsite. That the habitat loss is incidental to otherwise lawful activities, in that the project consists of residential development consistent with all applicable laws. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the project was designed in accordance with all applicable regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single family development on the General Plan, in that the project is also designed as single family development. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project is designed with average lot sizes larger than 10,000 square feet and will result in a density less than allowed by the City of Carlsbad Growth Management Plan. 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 any and all easements have been accounted for and were considered in the subdivision design. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that homes .designed for the subdivision may include passive and/or natural heating and cooling. PC RESO NO. 4350 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .a 17. 18. 19. 20. 21. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources; That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that potentially significant impacts have been identified in the project EIR and can be mitigated to a level of less than significant. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that best management practices will have been designed into the project consistent with National Pollutant Discharge Elimination System (NPDES). 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. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that the project will pay fees for certain facilities such as schools, administrative and library facilities, and will construct other facilities such as streets, sewer and storm drain systems. Conditions: 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the final decision making body. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. PC RESO NO. 4350 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10 The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolutions on a 24” x 36” blueline drawing. Building permits will not be issued for development of the subject property unless assurances of the availability of sewer facilities have been given by the Leucadia County Water District in writing. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated August 10,1998, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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 residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&I& that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CURS shall contain the following provisions: 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. PC RESO NO. 4350 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. C. 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 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions 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. 11. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause. PC RESO NO. 4350 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Conceptual Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. 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. Prior to issuance of a grading permit within an area of agency jurisdiction, the Developer shall be required to obtain any permits required by the California Department of Fish and Game (CDFG), U.S. Fish and Wildlife Service (USWFS), and U.S. Army Corps of Engineers (USACE). The Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in the Final EIR 90-06 that are found by this resolution to be feasible. The Developer shall implement, or cause the implementation of, the Shelley Tentative Map -Mitigation Monitoring and Reporting Program. The Developer, or their successors in interest, shall improve the project site with the Encinitas Creek Corridor Alternative project as described in the Final EIR 90-06, except as modified by this resolution. Paleontology: A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; B. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; PC RESO NO. 4350 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. 21. 22. 23. 24. C. D. E. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Prior to the recordation of each unit of the tentative map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice on each map unit that the property may be subject to noise impacts from Ranch0 Santa Fe Road, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). Prior to the issuance of building permits the Developer shall pay to the City an inclusionary housing impact fee as an individual fee on a per market rate dwelling unit basis. The Developer shall dedicate on the final map, an open space easement for those portions of lots 252-259 which are in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System in their entirety to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other than that approved as part of the grading plan, improvement plans, biological revegetation program, landscape plan, etc. as shown on Exhibits “A”-%“. Removal of native vegetation and development of Open Space Lots 252-259, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of the grading plan, improvement plans, biological revegetation program, landscape plan, etc. as shown on Exhibits “H’‘-“M” is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative map within Open Space Lot 252. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept /o PC RESO NO. 4350 -9- // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dedication of the trail easement, the trail shall still be constructed but it shall be constructed and available as a private trail to the members of the Home Owners Association and shall be the maintenance and liability responsibility of the Home Owners Association. 25. This approval is for subdivision of property only. A Site Development Plan shall be approved by the Planning Commission prior to the issuance of building permits for product design and siting, entry monumentation, and fence design and placement which will supercede the concepts shown on Exhibits “H” -“K”. Engineering: NOTE: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map. 26. 27. 28. 29. 30. 31. Prior to issuance of any building permit, the developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. This project is approved for up to four (4) final subdivision maps for the purposes of recordation. If the developer chooses to record a final subdivision map out of the phase shown on the tentative map, the new phasing must be reviewed and approved or conditionally approved by the City Engineer and Planning Director. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. PC RESO NO. 4350 -lO- 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 h 32. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs): A. “NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” Fees/APreements 33. The developer shal .l pay all current fees and deposits required. 34. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 35. The owner shall execute a hold harmless agreement for geologic failure. 36. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. 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 Ranch0 Santa Fe Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Ranch0 Santa Fe Road. 38. Prior to approval of the final map for Units 2, 3, or 4, whichever is first, the developer shall enter into a Reimbursement Agreement with the City. This Agreement shall provide for the following basic items: Ranch0 Santa Fe Road is designated as a Secondary Arterial with an 84’ right-of- way width; The improvements to Ranch0 Santa Fe Road extend between the northerly property line of the Shelley project to Calle Acervo; The Shelley project is responsible for the sidewalk, street trees, and street lighting along its project frontage; PC RESO NO. 4350 ll- dl 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 Other Raucho Santa Fe Road items, as stated in the Reimbursement Agreement, are the financial responsibility of the City via the fees collected from the Shelley project and other property owners; The Shelley project financial contribution to all contemplated City Ranch0 Santa Fe Road Community Facility District No. 2 projects is estimated at $10,250 per unit; Payment of project costs during construction will be by Shelley, up to the equivalent estimated fee amount of the map units recorded until that time, with the balance paid for via progress payments from City collected fees set aside for this purpose; and Final maps for Units 1 and 2 may record with a bond for the estimated $10,250 per dwelling unit fee for that map, which shall be reduced as project costs are paid by Shelley. Grading 39. 40. 41. 42. 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. The developer must submit and receive approval for grading plans in accordance with City codes and standards prior to issuance of a building permit for the project. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. Upon completion of grading, the developer shall ensure that an “as-graded” geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24” x 36” mylar or similar drafting film and shall become a permanent record. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. PC RESO NO. 4350 -12- 0(- 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 43. Prior to accupancy of any unit in Unit 1, the 60’ wide offsite easement located along the southern boundary of Unit 1 shall be graded to the satisfaction of the City Engineer, subject to permits and access rights being available. The grading shall provide positive drainage to the existing storm drain inlets. Grading improvements are to be clearly indicated on the Unit 1 grading plans. Dedications/Imnrovements 44. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. 45. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. The right-of-way width for Ranch0 Santa Fe Road shall be as designated on the circulation element of the General Plan, but in no case less than 84’ of right-of-way width. 46. Prior to issuance of building permits, the developer shall underground all existing overhead utilities within the subdivision boundary. 47. Direct access rights for all lots abutting Ranch0 Santa Fe Road and Calle Acervo shall be waived on the final map. 48. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. C. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and PC RESO NO. 4350 -13- 23 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 other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. D. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 49. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: Units 1 and 2 A. All streets within Units 1 and 2, constructed in accordance with City standards. Unit 3 B. All streets within Unit 3, constructed in accordance with City standards. C. Ranch0 Santa Fe Road, graded to City circulation element designated Arterial standards and constructed to full Secondary Arterial standards, along the Unit 3 frontage and south to Calle Acervo, including appropriate transitions. D. Storm drain improvements in Ranch0 Santa Fe Road along the Unit 3 frontage, in accordance with the City’s Master Drainage and Storm Water Quality Management Plan. Unit 4 E. All streets within Unit 4, constructed in accordance with City standards. F. Ranch0 Santa Fe Road, -graded to City circulation element designated Arterial width and constructed to full Secondary Arterial standards, along the Unit 4 frontage. G. Ranch0 Santa Fe Road, graded to City circulation element designated Arterial width and constructed to half street plus 12’ of additional paving and appropriate transitions in accordance with Secondary Arterial standards, from the northerly property line of the project to the Ranch0 Santa Fe Road/Olivenhain Road intersection, but not including intersection and traffic signal improvements. PC RESO NO. 4350 -14- 2f 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 H. A double box culvert, in accordance with the City’s Master Drainage and Storm Water Quality Management Plan. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. 50. Drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Services Director and the City Engineer. Final MaD Notes 51. Notes to the following effect shall be placed on the final map as non-mapping data: Geotechnical caution: A. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. Fire: 52. Provide additional public fore hydrants at intervals of 500 feet along public streets and private driveways. Hydrants should be located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street or driveway. 53. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. PC RESO NO. 4350 -15 a5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 !I 12 !3 14 !5 26 27 28. 54. 55. 56. 57. 58. 59. 60. 61. - Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require the construction operations to cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to inspection, all security gate systems controlling vehicular access (recreation vehicle storage area) shall be equipped with a “Knox”, key operated emergency device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. Prior to the issuance of a building permit, the applicant shall obtain fire department approval of a wildland fuel management plan. The plan shall clearly indicate the methods proposed to mitigate and manage fire risk associated with native vegetation growing within 60 feet of structures. The plan shall reflect the standards presented in the fire suppression element of the City of Carlsbad Landscape Guidelines Manual. Prior to occupancy of buildings, all wildland fuel mitigation activities must be complete, and the condition of all vegetation within 60 feet of structures found to be in conformance with an approved wildland fuel management plan. The applicant shall provide a street map which conforms with the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 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 Tract Map. PC RESO NO. 4350 -16- al, 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 City Council 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 7th day of October 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Monroy, Nielsen, and Savary NOES: ABSENT: Commissioners Heineman and Welshons ABSTAIN: BAILEY NOB@, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . Planning Director a7 PC RESO NO. 4350 -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 A _ PLANNING COMMISSION RESOLUTION NO. 4351 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED EAST OF RANCH0 SANTA FE ROAD AND NORTH OF CALLE ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY TRACT MAP CASE NO: HDP 90-l 1 WHEREAS, Daniel Shelley, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described as, That portion of lots 13 and 14 of the subdivision of the Ranch0 Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the offke of the County Recorder of San Diego County, June 27,1898; and An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Ranch0 Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “L’‘-“M” dated October 7, 1998, on file in the Carlsbad Planning Department, SHELLEY TRACT MAP, HDP 90-11, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of October, 1998, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit; and a8 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SHELLEY TRACT MAP, HDP 90-11 based on the following findings and subject to the following conditions: Findings: 1. That undevelopable areas of the project, pursuant to Subsection 21.53.230(b) have been properly identified on the constraints map. 2. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Section 21.95.010, in that the project proposes to preserve a significant area of open space; hillside areas have been properly identified; the project has been designed to “terrace with the contours of the natural slopes and undulation has been provided at major slopes visible from public areas; and, the project has been designed to preserve and enhance the natural riparian corridor of the Encinitas Creek. 3. That the project design substantially conforms to Section 21.95.120 of the Hillside Ordinance in that the volume of grading is within the potentially acceptable range of 8,000-10,000 cubic yards per acre and has been justified on Exhibit L; manufactured slopes do not exceed 40 feet; major visible slopes have been contour graded; all manufactured slopes shall be landscaped for screening, erosion control and aesthetic value. 4. That the project design substantially conforms to the Hillside Development, Guidelines manual in that the project has been designed consistent with Section 21.95.010 of the Carlsbad Municipal Code. Conditions: 1. Staff is author&d and directed to make, or require Developer to make, all corrections and modifications to the Hillside Development Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. Approval of HDP 90-11 is granted subject to the approval of Tentative Map CT 90-03, is valid only in association with the development of CT 90-03 as a Final Map and shall become null and void if CT 90-03 does not become a Final Map. PC RESO NO. 4351 -2- ae 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 4. Prior to issuance of a grading permit which impacts wetlands or sensitive upland species, the Developer shall be required: 1) to consult with the United States Fish and Wildlife Service (USFWS) regarding the impact of the project on the Coastal California Gnatcatcher; 2) obtain any permits required by the USWFS; 3) consult with the California Department of Fish and Game (CDFG) and Army Corps of Engineers (ACOE) regarding impacts to wetlands; and 4) obtain any permits required by CDFG or ACOE. 5. The Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in the Final EIR 90-06 that are found to be feasible by Resolution No. 4349. 6. The Developer shall dedicate on the final map, an open space easement for those portions of lots 252-259 which are in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System in their entirety to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “L’‘-“M”. 7. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 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 Hillside Development Permit. PC RESO NO. 4351 -3- PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of October, 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compaq Monroy, Nielsen, and Saw-y NOES: ABSENT: Commissioners Heineman and Welshons ABSTAIN: f3AILEY NOB&, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. KOLZA&LLER Planning Director 3/ PC RESO NO. 435 1 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 - _ PLANNING COMMISSION RESOLUTION NO. 4352 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT PUD 90-04 ON PROPERTY GENERALLY LOCATED EAST OF RANCH0 SANTA FE ROAD AND NORTH OF -CALLE ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY TRACT MAP CASE NO.: PUD 90-04 WHEREAS, Daniel Shelley, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described as That portion of lots 13 and 14 of the subdivision of the Ranch0 Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the office of the County Recorder of San Diego County, June 27,1898; and An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Ranch0 Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibit(s) “A”-“ K” dated September 16,199s ,on file in the Planning Department, SHELLEY TRACT MAP, PUD 90-04, as provided by Chapter 2 1.4512 1.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of October, 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development Permit . 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 NQW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SHELLEY TRACT MAP, PUD 90-04, based on the following findings and subject to the following conditions: Findings: 1. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the project does not propose any amendment to any of the described documents and has been designed as required by the referenced documents. 2. That the proposed use at the particular location is desirable to provide facilities which will contribute to the long-term general well-being of the surrounding neighborhoods and the community, in that the project will provide additional housing units and significant preserved open space and passive recreation in the form of a public trail within an area that is developed with similar residential neighborhoods. 3. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project has been designed in a similar fashion to the existing residential neighborhoods and will not introduce land uses that have the potential for causing health or safety hazards. 4. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 2 1.45.090, the design criteria set forth in Section 2 1.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that all residential lots have a minimum of 7,500 square feet and an average of 10,630 square feet where a minimum of 3,500 square feet is required; streets are curvilinear; and, significant open space lands have been included in the project design. 5. That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, in that the project has been “terraced” consistent with natural contours; major slopes adjacent to the central open space lots have been undulated; and, the central open space lots will be landscaped for habitat enhancement. 6. That the proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or PC RESO NO. 4352 -2- 33 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 disruptive- element to the neighborhood, in that the proposed lot sixes are equal to or larger than adjacent residential developments; the project density is below the growth control point and is similar to existing surrounding development; and, it is anticipated that the home development will be of similar size and design to other residential home development in the area. 7. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project, in that the project will have typical street scenes of a single family residential neighborhood. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Planned Unit Development document(s), necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. Approval of PUD 90-04 is granted subject to the approval of CT 90-03. PUD 90-04 is subject to all conditions contained in Planning Commission Resolution No. 4350 for CT 90-03. 3. Prior to the issuance of building permits for any residential structure, a Site Development Plan (SDP) shall be reviewed and approved by the Planning Commission. The SDP shall include fence design and location, setbacks from top of slopes consistent with Chapter 21.95 of the Carlsbad Municipal Code, architectural styles and details with an emphasis on street scene, visibility from public rights-of- way and the central open space lots. 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 City Council 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 PC RESO NO. 4352 34 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 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 7th day of October, 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Monroy, Nielsen, and Savary NOES: ABSENT: Commissioners Heineman and Welshons ABSTAIN: BAILEY NOB& Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. Hbf;ZMILtiR Planning Director PC RESO NO. 4352 -4- 33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ PLANNING COMMISSION RESOLUTION NO. 4353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT TO ALLOW LIMITED FILL WITHIN THE 100 YEAR FLOODPLAIN FOR A RESIDENTIAL DEVELOPMENT OF 250 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED EAST OF RANCH0 SANTA FE ROAD AND NORTH OF CALLE ACERVO IN .LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY TRACT MAP CASE NO: SUP 90-04 WHEREAS, Daniel Shelley, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described as That portion of lots 13 and 14 of the subdivision of the Ranch0 Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the offke of the County Recorder of San Diego County, June 27,1898; and An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Ranch0 Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. (‘the Property”); and WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit as shown on Exhibit(s) “A “-“G” dated October 7, 1998, on file in the Planning Department SHELLEY TRACT MAP, SUP 90-04, as provided by Chapter 2 1.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of October, 1998 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit; 36 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 NQW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SHELLEY TRACT MAP, SUP 90-04, based on the following findings and subject to the following conditions: FindinPs: 1. The project is consistent with the City’s General Plan as it provides for housing and an open space recreational facility. 2. The project would not adversely affect or unduly hinder, restrict or alter the water carrying function of the floodplain or adversely affect surrounding development. 3. The project has been reviewed and considered within the Shelley Tract Map ‘Environmental Impact Report and the proposed encroachment into the 100 year floodplain will not have any adverse significant impact on the environment. 4. The applicant’s engineer has certified pursuant to Section 21.110.200(l) of the Carlsbad Municipal Code that the project will not result in any increase in flood levels during the occurrence of the base flood discharge and the project will not affect the loo-year flood plain elevation. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the start of construction. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Floodplain Special Use Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the development of the Shelley Tract Map, and (c) Developer/Operator’s construction of the subdivision permitted hereby. PC RESO NO. 4353 -2- 37 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 4. Prior to the start of construction, 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 Floodplain Special Use Permit by Resolution No. 4353 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 5. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 6. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 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 Floodplain Special Use Permit. PC RESO NO. 4353 -3- 38 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 planning Commission of the City of Carlsbad, California, held on the 7th day of October, 1998 by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Monroy, Nielsen, and Savary NOES: ABSENT: Commissioners Heineman and Welshons ABSTAIN: BAILEY NOB&, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HmMILkkR Planning Director PC RESO NO. 4353 -4- 39 ‘1~18 City of CABLSBAB Planning Departmm EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. 7 0 Application complete date: 1995 P.C. AGENDA OF: October 7,1998 Project Planner: Christer Westman Project Engineer: Kenneth Quon SUBJECT: EIR 90-06KT 90-03iHDP 90-ll/PUD 90-04/SUP 90-04 SHELLEY TRACT MAP Request for certification of an Environmental Impact Report and approval of the Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, Tract Map, Hillside Development Permit, Planned Unit Development and Special Use Permit to subdivide property into 251 residential lots and 8 open space lots on 104 acres generally located east of Ranch0 Santa Fe Road and north of Calle Acervo in Local Facilities Management Zone 11. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4349, RECOMMENDING CERTIFICATION of EIR 90-06 and RECOMMENDING APPROVAL of the Candidate Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 4350, 4351, 4352, 4353, RECOMMENDING APPROVAL of the modified Encinitas Creek Corridor Alternative of Carlsbad Tract, CT 90-03, Hillside Development Permit, HDP 90- 11, Planned Unit Development PUD 90-04, and Special Use Permit: Floodplain SUP 90-04 based on the findings and subject to the conditions contained therein. II. INTRODUCTION This application is a request for approval of a subdivision of 103.9 acres of land for the development of 25 1 single family detached homes. The project only proposes subdivision of the land. Architectural design will be reviewed by a separate Site Development Plan subsequent to the subdivision approval. The subdivision includes 8 open space lots, one of which is a central 19.8 acre passive open space lot. The project includes a recreational vehicle storage facility consistent with the requirements of the Planned Development Ordinance. The project is a modification of the Encinitas Creek Alternative as described in the EIR which is a modified version of the original design. This modified alternative increases the open space corridor width over the original design to the benefit of wildlife movement and locates the recreational vehicle storage area internal to the project versus at the northern edge of the property. As designed and conditioned, the project is consistent with the General Plan, Subdivision Ordinance and the relevant chapters of the Zoning Ordinance. EIR 90-06/CT 90-03/HDk ~-1 l/PUD 90-04/SUP 90-04 SHELLEY TRACT MAP October 7, 1998 III. PROJECT DESCRIPTION AND BACKGROUND The project area is 103.9 acres located entirely within Local Facilities Management Zone 11. The site has hillside conditions and is currently vacant. The project proposes the construction of 25 1 single family lots and 8 open space lots. The minimum residential lot size proposed is 7,500 square feet and the average residential lot size is 10,630 square feet. A total of 22.3 acres will be designated as common open space. Most of the common open space will be within a 19.8 acre open space lot which includes the floodplain of Encinitas Creek. The project site is predominantly within a Residential Low Medium General Plan land use designation and an R- 1 - 10,000 Zoning designation. The remaining designations are both Open Space General Plan and Zoning. A tract map application has been submitted for the subdivision of the property into the individual residential and open space lots; a Planned Unit Development has been submitted because the application includes lots less than 10,000 square feet; a Hillside Development Permit has been submitted because the site has hillside conditions; and a Special Use Permit - Floodplain has been submitted because the project proposes development within the 100 year floodplain. The project is subject to: A. General Plan B. Subdivision Ordinance C. Planned Development Ordinance D. Hillside Ordinance E. Floodplain Ordinance F. Growth Management IV. ANALYSIS A. General Plan Land Use Element The General Plan land use designations for the project site are Residential Low-Medium (RLM) and Open Space (OS). The General Plan describes RLM as urban low-medium density residential areas characterized by single family homes and planned residential development at less than 4 dwellings per acre. A variety of housing types may be allowed as long as the overall density does not exceed 4 dwellings per acre. The project is consistent with the intent of the General Plan land use designation in that the density of the project is 2.86 single family dwellings per acre which is within the O-4 density range described in the General Plan. The project site includes 22.3 acres of OS which is an area mostly defined by an open space lot containing the limits of the 100 year floodplain. Open Space lots are fully constrained from development and will be used for passive recreation (including trail) and wetlands restoration. EIR 90-06/CT 90-03/HD1 7+ 11 /PUD 90-04/SUP 90-04 SHELLEY TRACT MAP October 7, 1998 Page 3 Housing Element An objective of the General Plan is to achieve a variety of safe, attractive housing in all economic ranges throughout the City. The project is not proposed with “affordable” housing units onsite. Satisfaction of the project’s fair share will be in the form of payment of an inclusionary housing impact fee assessed on each individual residential lot. This fee is paid at the time of building permit issuance. The project qualifies for the payment of a fee in lieu of onsite construction because the application was deemed complete prior to the adoption of the Inclusionary Housing Ordinance. Circulation Element The westerly project frontage includes a General Plan Circulation Element Roadway, Ranch0 Santa Fe Road. In compliance with the General Plan, the project will be responsible for constructing frontage improvements of Ranch0 Santa Fe Road. The project will then be reimbursed for a portion of the costs of construction. Ranch0 Santa Fe Road adjacent to the project will have a major arterial right-of-way but will be improved to secondary arterial standards. Noise Element The City’s noise policy requires that new residential subdivisions shall not be subjected to exterior noise levels greater than 60 CNEL and interior noise levels greater than 45 CNEL. A noise analysis was conducted to determine the projected noise levels with the buildout of Ranch0 Santa Fe Road on the project. Exterior noise levels were determined to exceed 60 CNEL, therefore, mitigation has been incorporated into the design of the subdivision in the form of berming and noise walls along Ranch0 Santa Fe Road. With the inclusion of these design elements, exterior noise levels will not be more than 60 CNEL. Interior noise levels will not exceed 45 CNEL. B. Subdivision Ordinance Consistent with Title 20 of the Carlsbad Municipal Code, the Subdivision Ordinance, the project has been designed to provide minimum lot sizes of 7,500 square feet. Consistent with the intent of the R-l -10,000 zone, the average lot size for the entire subdivision is 10,630 square feet. Each lot has a minimum width of 55 feet, depth of 90 feet and fronts onto a publicly dedicated street. However, no lot with frontage on Ranch0 Santa Fe Road will have access rights to Ranch0 Santa Fe Road. Where lots include intervening manufactured slopes, the lot lines have been designed at the top of the slope. To the extent feasible, the subdivision has been designed to provide opportunities for passive or natural heating and cooling in that lots have been oriented toward the north and south for sun exposure. C EIR 90-06/CT 90-03/HD, W-1 l/PUD 90-04/SUP 90-04 SHELLEY TRACT MAP October 7, 1998 - Planned Development Ordinance The Planned Development Ordinance was used with this project with the intent of maximizing the open space surrounding the floodplain. Through a Planned Unit Development (PUD) the minimum lot size of 10,000 square feet can be reduced to 7,500 square feet, which in turn allows the development to be pulled away from the floodplain while retaining the same development potential. Implementation of the Planned Development Ordinance includes requirements unique to this chapter of the Municipal Code. Those requirements are shown on the following Table I. / Plan1 Setbacks Major Arterial Local Parking Resident Guest Recreational Open Space Street Widths Recreational Vehicle Storage Refuse area Antennas Lot Size 1 Storage Area TABLE I ed Development Ordinance: development standards Requirement Minimum Provided 40 feet 20 feet 2 garage spaces 5/ first 10 units 40 feet 55+ feet 20 feet N/A 2 garage spaces 2 garage spaces 65 spaces 251 spaces .25 per remaining unit 1 1 (1 street space per unit) 200 square feet per 200 square feet per 825+ square feet per unit 36 feet curb to curb 20 square feet per unit unit 36 feet curb to curb 5,000 square feet unit (estimated) 40 feet curb to curb 13,225+ Centralized if Centralized if Curbside pickup appropriate appropriate (see discussion below) No individual No individual N/A antennas antennas 3,500 square feet 3,500 square feet 7,500-t- square feet 480 cubic feet per unit 480 cubic feet per unit N/A A curbside pickup was considered appropriate for this project because the units are not clustered. Centralized pickup is most efficient when there are several units located within close proximity to each other as clusters. As seen in Table I above, the project does comply with the requirements of the Planned Development Ordinance. Development standards related to structures will be implemented when homes are proposed on the pads created by this project. h EIR 90-06KT 90-03/HD, YC)- 11 /PUD 90-04/SUP 90-04 SHELLEY TRACT MAP October 7, 1998 Existing homeowners immediately to the north of the proposed project, on Calle Vallarta and Avenida Anacapa, have submitted a request that all homes within the Shelley tract map along the northern boundary be restricted to single story. A letter dated May 2, 1998 from Gregg Landers is attached. Existing homes along Calle Vallarta have pad elevations of 8 to 14 feet above what is being proposed and existing homes along Avenida Anacapa have pad elevations from 17 to 30 feet above what is being proposed. Because the proposed development is not a single row of housing, requiring only single story homes along the northern boundary will not effectively protect existing views. A single story requirement could potentially protect some privacy. However, the City has not taken a position in the past that it will burden new development with the preservation of private views or a guarantee of “backyard” privacy for existing residential lots. Therefore, staff does not support adding a condition requiring only single story buildings along that edge of the project. D. Hillside Ordinance Property with a slope of 15% or greater and an elevation differential greater than 15 feet may only be developed through the issuance of a Hillside Development Permit. Prior to the issuance of a hillside permit, a series of six findings must be made. These findings are listed below along with an explanation of the project’s consistency with the finding. 1. That hillside conditions have been properly identified. The site was mapped to indicate the location of all slope gradients within the four ranges of less than 15%; 15% - 25%; 25% - 40%; and greater than 40%. 2. That undevelopable areas of the project have been properly identified. The site was reviewed for all constraints that would render it undevelopable. There are sensitive biological areas onsite which may be developed with appropriate mitigation, 3. That the development proposal and all applicable development approvals and permits are consistent with the purpose, intent and requirements of the Hillside Ordinance. As stated in the Hillside Development Regulations the purpose and intent of the chapter is to implement the goals and objectives of the Land Use and Open Space/Conservation Elements of the General Plan; assure hillside conditions are properly identified and incorporated into the planning process; preserve and/or enhance the aesthetic qualities of natural hillsides and manufactured slopes by designing projects which relate to the slope of the land, minimizing the amount of project grading, and incorporating contour grading into manufactured slopes which are located in highly visible public locations; and, assure that the alteration of natural hillsides will be done in an environmentally sensitive manner whereby lagoons and riparian ecosystems will be protected from increased erosion and no EIR 90-06/CT 90-03/HD1 r&l l/PUD 90-04/SUP 90-04 SHELLEY TRACT MAP October 7, 1998 Page 6 substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur. As discussed in items 1 and 2, the project is consistent with appropriate elements of the General Plan and hillside conditions have been properly identified. The project further complies with the intent of the Hillside Ordinance in that the grading design includes “terracing” of lots from the higher to lower site elevations. The manufactured slopes adjacent to the central open space lot have been contoured consistent with the intent of creating a naturalized slope. Finally, protective measures are required as part of the final grading plan which will ensure that lagoons and riparian ecosystems will be protected from increased erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur. 4. That no development or grading will occur in those portions of the property which are undevelopable pursuant to the provisions of Section 21.53.230 of the Municipal Code. As noted in item 2, the site contains significant wetland. Some encroachment into the wetland is required for the intersection of Avenida Aragon and Ranch0 Santa Fe Road. The encroachment may be permitted because it is essential to proper traffic circulation and replacement wetland can be created onsite to ensure no net loss of wetlands. 5. That the project design and lot configuration minimizes disturbance of hillside lands. The site is fully covered by hillside lands and therefore requires disturbance of the hillsides. However, the project has been designed to minimize disturbance to the greatest extent possible. The project design follows the form of the existing slopes and terraces the residential lots from higher elevations to lower, consistent with natural contours. It also preserves the most environmentally sensitive parts of the site and places the development on less sensitive areas. 6. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual. The Hillside Development Guidelines Manual reflects the same concepts discussed in item 3. E. Floodplain Ordinance The project site is bisected by a major drainage basin, Encinitas Creek, which runs roughly westward through the project site to Ranch0 Santa Fe Road. As identified by the Federal Emergency Management Agency (FEMA), the loo-year floodplain is within Encinitas Creek and partially within portions of the areas proposed for development. In order to minimize damage to structures and public facilities due to flood conditions, Title 21 of the Carlsbad Municipal Code requires a special use permit for development within any areas of special flood hazards such as the loo-year floodplain. A loo-year flood, or base flood, is defined as the flood level which has a 1% probability of being equal to or exceeded in a given year. EIR 90-06/CT 90-03/HD1 r&l l/PUD 90-04/SUP 90-04 SHELLEY TRACT MAP October 7, 1998 Page 7 The applicant has submitted an analysis prepared by a registered engineer which delineates the loo-year floodplain for both the pre-development and post-development conditions, and in accordance with Section 2 1.110.200 (1) of the Carlsbad Municipal Code, has certified that the project will not result in any significant increase in flood levels during the occurrence of the base flood discharge and the project will not significantly affect the loo-year floodplain elevation. F. Growth Management The project has been analyzed for compliance with the adopted Local Facilities Management Plan for Zone 11. Compliance is analyzed with respect to density and adequacy of public facilities. The Residential Low-Medium (RLM) growth control point of 3.2 du/ac would allow 279 single family dwellings. The project is 28 units below the growth control point allowance of 279 dwellings. The Zone 11 LFMP includes a financing plan which ensures funding for all required public facility improvements. The following Table II shows the public facilities impacts of the project and the financing mechanisms which will guarantee compliance with the adopted performance standards. ‘I‘AH& 11 Growth Management Compliance CFD No. 1 = Community Facilities District No.1 PFF = Public Facilities Fee PlL = Park In-lieu Fee Developer = Developer to construct As seen in the above table, the project does comply with the requirements of the Carlsbad Growth Management Ordinance. EIR 90-06/CT 90-03&IDr 90-l l/PUD 90-04/SUP 90-04 SHELLEY TRACT MAP October 7, 1998 V. ENVIRONMENTAL REVIEW An EIR was completed for this development proposal and circulated for public comment in 1993. The project was changed when approximately 10 acres were sold to the Encinitas Union School District to build Olivenhain Pioneer Elementary School. Additionally, biological circumstances changed with the listing of new species by federal and state agencies. Therefore the EIR was updated and re-circulated for public comment. The environmental issues identified in the re-circulated EIR are land use/local facility management plan, cultural resources, noise, traffic and circulation, biological resources, hydrology, water quality, aesthetics/visual quality, air quality, geology and soils. A summary of the environmental impacts and mitigation measures is provided in Tables 1 - 1, l-2, and l-3 of the Environmental Impact Report. Based on data and conclusions of the re-circulated EIR, the project will result in cumulative impacts to air quality and traffic/circulation which cannot be fully mitigated. Therefore a statement of overriding considerations pursuant to Sections 15093 and 15 126(b) of the CEQA Guidelines must be adopted. The statement has been included within the Findings of Facts marked as Exhibit “B” of Resolution No. 4349. Significant project level impacts have also been identified for land use/local facilities management plan, cultural resources, noise, traffic and circulation, biological resources, hydrology, water quality, aesthetics/visual quality, short term air quality, and geology/soils. These significant impacts can be reduced to a less than significant level with the implementation of identified mitigation measures. The re-circulated EIR was released for public review and comment for a 45 day period. Several comments were received from surrounding residents of existing developments as well as from California Department of Fish and Game, United States Fish and Wildlife Service, United States Army Corps of Engineers, and Encinitas Union School District. Responses to comments received are included within the Environmental Impact Report. The modified Encinitas Creek Corridor alternative which includes widening of the creek corridor and the relocation of the recreational vehicle storage area is a direct result of the public comment. Prior to the issuance of a grading permit, separate permits from the United States Army Corps of Engineers and the California Department of Fish and Game must be obtained for impacts to wetlands and Encinitas Creek. EIR 90-06/CT 90-03/HDk YO- 1 l/PUD 90-04/SUP 90-04 SHELLEY TRACT MAP October 7, 1998 ATTACHMENTS: 1. Planning Commission Resolution No. 4349 (EIR 90-06) 2. Planning Commission Resolution No. 4350 (CT 90-03) 3. Planning Commission Resolution No. 435 1 (HDP 90-l 1) 4. Planning Commission Resolution No. 4352 (PUD 90-04) 5. Planning Commission Resolution No. 4353 (SUP 90-04) 6. Location Map 7. Background Data Sheet 8. Local Facilities Impact Assessment Form 9. Disclosure Form 10. Letter from Gregg Landers dated May 2,1998 11. Exhibits “A” - “M” dated October 7, 1998 CW:b CASE NO: EIR 90-06/CT 90-03/PUD 90-04/HDP 90-l l/SUP 90-04 CASE NAME: Shelley Tract Map APPLICANT: Dan Shelley C BACKGROUND DATA SHEET REQUEST AND LOCATION: Request for certification of an Environmental Impact Report and approval of a Tract Map, Planned Unit Development, Hillside Development Permit and Special Use Permit to subdivide propertv into 25 1 residential lots and 8 open space lots on 103.9 acres Penerallv located east of Ranch0 Santa Fe Road and north Olivenhain Pioneer Eiementarv School in Local Facilities Management Zone 11. LEGAL DESCRIPTION: That portion of lots 13 and 14 of the subdivision of the Ranch0 Las Encinitas. in the City of Carlsbad, Countv of San Diego. State of California. according to Map thereof No. 848, tiled in the offke of the Countv Recorder of San Diego County, June 27. 1898; and, an easement and right-of-way for road purposes over and across that portion of the southerlv 60 feet of the westerly half of lot 14 of Ranch0 Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. APN: 255-040-19 and 264-010-32 Acres: 103.9 Proposed No. of Lots/Units: 259/25 1 GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium Density Allowed: 3.2 DU/AC Density Proposed: 2.86 Existing Zone: R-l -1 O.OOO/OS Proposed Zone: R-l -1 O.OOO/OS Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site R-1-10,000 RLM, single family North PC RLM, single family South R-l single family East R-1-10,000 RLM, single family West R-l single family PUBLIC FACILITIES School District: Encinitas Union Elementarv/San Dieguito Union High School Water District: Leucadia Countv Sewer District: Olivenhain Municipal Equivalent Dwelling Units (Sewer Capacity): 25 1 Public Facilities Fee Agreement, dated: August 10. 1998 ENVIRONMENTAL IMPACT ASSESSMENT cl Negative Declaration, issued [XI Certified Environmental Impact Report, dated August 19, 1998 49 A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 873 s&are feet Library: Demand in Square Footage = 466 square feet Wastewater Treatment Capacity (Calculate with J. Sewer) 251 EDU Park: Demand in Acreage = 1.75 acres Drainage: Demand in CFS = 66 CFS Identify Drainage Basin = Encinitas Creek (Identify master plan facilities on site plan) Circulation: Demand in ADT = 2.5 10 ADT (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 6 Open Space: Acreage Provided = 22.3 acres Schools: 85 E/30 JR./69 HS (Demands to be determined by staff) Sewer: Demands in EDU 251 EDU (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 55,000 The project is 28 units BELOW the Growth Management Dwelling unit allowance. - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Shelley Tract Man EIR 90-06KT 90-03/PUD 90-04/HDP 90- 1 l/SUP 90-04 LOCAL FACILITY MANAGEMENT ZONE: 11 GENERAL PLAN: RLM ZONING: R- 1 - 10.000 DEVELOPER’S NAME: Dan Shelley ADDRESS: PO Box 230985 Encinitas CA 92023-0985 PHONE NO.: 619-759-2268 ASSESSOR’S PARCEL NO.: 255-040-19 and 264-010-32 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 103.9 acres/25 1 DU ESTIMATED COMPLETION DATE: Not Available DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPLICATIONS WHICH WILL REQUIRE DlSCREllONARY ACTlON ONT HE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMIllEE. (Please Print) The following information must be disclosed: 1. hdh!ant List the names and addresses of all persons having a financial t in the application. /3&o.. 230 E&c /Pf i Td 5 _ 92oz3 / 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. pAM/KL 7-r Ys??/KLLE’/ PO. c?p? isLP%%5 !2LwA?ci7i3 4 CA. 9 z&z.3 / 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM 13 4191 Page 1 of 2 5f 2075 Las Palmas Drive - Carlsbad, California 92009-l 576 - (619) 438-l 161 6B Gregg Landers 3245 Avertida Anacap Carlsbad, CA92009 (760) 632-5502 FWning C4xnmission Ann:christerwestman,Associate~ CarkbdPlarmingDepaItment 2075 Las Pahnas Drive Cad&ad CA 92009 ,. . . HE: Cake NO CT 9043/HDP 90-ll/PUD 90-04 - Shelley Tract Map (xwfenwl to BS tbe.‘%dley Tract Pn@xtn) Dear Planning commission: Thepurposeofthisqwstistomaintain maximum property vahres for both exishg residents and new Shelley Tract residents by aIlowing only single story homes on property adjacent to existhg homes to the north. Our amcem is for both the existing home owners, whowillbeactjacerrttotheShe~eyTractprOject,aswellasthenewhomeowners,whowillprrchasethehomesintheshelleyTractprOject thatare~acenttothee>ristinghomesonthenotthsideoftheproject. Benefits of this request for: tLam?s&b !iZZELs pr&sed atorwithin17ketoftheexistinghomes. Alloftheseexisting hamescurrentlyenjoyanopenspaceviewtbatcontributestothepropertyvalues. Asinglesto~homeconstmckdonthelandadjacentto thesehomeswillbetheleastobstructiveintermsofthe~viewandtheleastintIusiveintennsofprivacy. Homeowners of the She&v Tract proiect ( em ~miect adiacent to exbtimirn) ~eprrchasersofthenewhomesplarmedtobe~twillalso~t~mthispmposal. Asiuglestoryhousewillnotplttheminaposition wheretheyarel~downintoanolderdevelopsnent’s~andliving~ms,someafwhich~notbeaswellkeptovertime. Thenew homeowners’pkacyisalsoatissue. Atwostoryhousebrriltonthelandadjacenttoexistinghomesmayoftenresultinasih&ionwherethe e~home’slivingroomsorbeQoomsfacedirecthiintothenewhome’sbedroom,asinglestoryhousewouldrarely,if,resultinthese issues. Tbe Citv of Cahbad Carlsbadhasareprtation~rbeinganexcellentldacetolivewitha~~qualityoflife,,toproperphnningofopenspacesand~ lossofprivacy. Propeqvaluesaredkctlyindicativeofthatfact. Thisproposaiwillallowthebuilderthe~~todevelopthepropettyand willminimize~longterm~~~imp;Dct~tolossofprivacyandlossofopenspace,onthe~valuesofbothournei~ and the citizens of Carlsbad Wes$ronglyrecommendyouaxkierthispmposal. WebaveattacaKdthesignaturesandaddresses(seeattactKd##pages)ofmanyofour neighborswhoagreewiththis~andvvwld~thisrequest~~~andrespondwitoinboththeupcomingcarlsbad~ Commission and G&bad City Council public hearings. Please contact me direct@ if you have any questions regarding this pmposal. Amchment: - Signature petition for building single story homes on the Shelley Tract properties adjacent to existing Car&bad homes to the north Page ( / of ) We are homeowners in the La Cresta, Summer Walk, and Colinas Del Oro developments and agree with the 5/X38 letter to the Carl&ad Planning Commission regarding the Shelley Tract Project and the request for the building of single story homes on lots adjacent to the existing developments to the immediate north (La Cresta, Summer Walk, Colinas Del Oro). We would like this request acknowledged and responded to in both the upcoming Carlsbad Planning Commission and Carfsbad City Council public hearings. , ’ ,’ ,. , I . ,,,.’ .” ,I _,,s Printed’Name /if ,‘-, /I -.- ,- *,, .- Si&& : ,> 1’ Z“ ,,_.. ;) ‘7,‘: ,; ii; &$I i Prkted NairnL 7jji ;;; \.rr / Printed.Name i: I ,((L‘i -<~ F\j,‘.,( ic )I f-;y: *- Printed Name Printed Naye ,A Signature -T _. , . . . c ,I I Addresses < ._ .r_ _- Address .;,pY, Date Address q(?/$,i / Date -_ ( -; .:1 y- y Address Date Address ;y- \ ,,\i;j Date . Address Signature petition for building single story homes on the Shelley Tract properties adjacent to existing Car&bad homes to the north Page ( Z of ) We are homeowners in the La Cresta, Summer Walk, and Colinas Del Oro developments and agree with the 5/2/M letter to the Carl&ad Planning Commission regarding the Shelley Tract Project and the request for the building of single story homes on lots adjacent to the existing developments to the immediate north (La Cresta, Summer Walk, Colinas Del Oro). We would like this request acknowledged and responded to in both the upcoming Carlsbad Planning Commission and Carlsbad City Council public hearings. i \+ <a , .Y‘ ‘! -’ J E ii ,-:, ++ Printed Name ‘f gg;. df ..&y-- , - I ‘r c Signature c -..;/*\ (‘-(,\ z \\ \ (j-f- Print& Naribe 1 ; \ r\ ) :’ -_’ s,,.l g/ y(+$+ Signature _:_ - j: ,!, ;-;-L--K i [I;’ / 92 _ .;zFq / / ’ .- A , / .J . /, ,_,T Printed Name I -, - i J.’ : Signature <f., - , !I“ , ’ /_, Prinkd Name I ,, / L- -7 I ,’ Signattire / ‘\. I. k *$;lrnc ,_l T:l~.v,.-,<i ” y 3% i 7 & l/Z l*,/:.~: *i-. ii- --, i> J ( . $3; <I* I, Address .:>t) I / (;I($ ,/r \ ,j’;’ 1 (/ ! i i r:.. * .,, Add&s ’ ,i ,.,,(:I. , l j\ L 17-i .; ( i I Address .:y 7 -..-1.4 i. .,’ s Date // -_ 7 \ - 1-Y:’ _ - , li , -/i i Address c-- L .i+ Date i 8: ) i’ ( 1 i i 1 / / ;;I it -, 4 . I. Add& I -. f I, ,,’ ,I 8 / 1 ; D&e; i 5-4 3ch Signature petition for building single story homes on the Shelley Tract properties adjacent to existing Car&bad homes to the north Page ( 3 of ) We are homeowners in the La Cresta, Summer Walk, and Colinas Del Oro developments and agree with the S/2/98 letter to the Car&bad Planning Commission regarding the Shelley Tract Project and the request for the building of single story homes on lots adjacent to the existing developments to the immediate north (La Cresta, Summer Walk, Colinas Del Ore). We would like this request acknowledged and responded to in both the upcoming Carlsbad Planning Commission and Carlsbad City Council public hearings. ^x ,/,cj/,:;, /f /(/;l;l‘i.~.c,f Printed Name / \i /; .iz& .L:, :.^/ SignitA “H - \ (\i\(.-\j, ;R /’ y’\j I,&.\’ Printed Name i x ‘\ Signature ,\ .“, Lip jiTc* 11, jLe L-. Printed Name i / i ,:-i.; -1 .liY-- __ Siinajhe Signature Signature /‘* ,i/; ‘{e. /,a’-- Cf C.4 Address Address y ci- p+ 3’ Date ,-;‘I> I-J is I_) llLL -t’, LfL.lL; ( (, ) :// (?;:I /JLi Address .“;’ 2 ./ / _. $i Date L;z/9y Date AC// I, TJ Address Address Signature petition for building single story homes on the Shelley Tract properties adjacent to existing Car&bad homes to the north Page r Of2 We are homeowners in the La Cresta, Summer Walk, and Colinas Del Or-o developments and agree with the 5/Z/98 letter to the Carlsbad Planning Commission regarding the Shelley Tract Project and the request for the building of single story homes on lots adjacent to the existing developments to the immediate north (La Cresta, Summer Walk, Colinas Del Oro). We would like this request acknowledged and responded to in both the upcoming Carlsbad Planning Commission and Carlsbad City Council public hearings. Printed Name FA/ CsLCiJ u ih,I\T Printed Namd ~~~iw l-4 4Lw\ ignature 224 t? afE:4&gpA - c: ,-VI ,G-;a CL’.’ or 2‘ t a27 Address Address Address * 3-y L , 79-m l& I/t= ( $0 .y u I Address I a -@ Date Signature petition for building single story homes on the Shelley Tract properties adjacent to existing Carlsbad homes to the north Page r of 2 We are homeowners in the La Cresta, Summer Walk, and Colinas Del Or-o developments and agree with the 5/Z/B letter to the Carl&ad Planning Commission regarding the Shelley Tract Project and the request for the building of single story homes on lots adjacent to the existing developments to the immediate north (La Cresta, Summer Walk, Colinas Del Oro). We would like this request acknowledged and responded to in both the upcoming Carlsbad Planning Commission and Carlsbad City Council public hearings. Printed Nade ,~+&:.l it,; /f JLL/L Li L/i .,,- ;,.L, , Ji! ’ k i .,’ j/>.rdLL, j Printed Name Signature : i x /L ,4./;r /: ! , ! Printed7Name ., ,^ f i ,/- r *‘----. ),. ,<, /!I,‘ :. . k / 1 - L’ ’ Signature ‘1 v ---yJ , , , ‘:, :f / :/ \ Printed Name ‘T,, \ _ - -_‘) it ’ ‘I x i’ /?&’ /(;.p Sighatire - 2~ / “1 ‘i( \* \ !~ni. 7 I 1, t .L-\, i Printed Nam 19 7 , q : / i * k i ,I Signature ‘/ - 7 ; - - ./’ ($2 CA,- L,;&$ ?/FL:- /,- ./ +- (;?,-&& f’:-(- c p-i L i, .- ‘ ‘- ,-i Address [! ‘r /y ,-. / -‘; ; Date -? 7 7.-- i‘i’- -; \ /J+/j. ‘; . . . . . ._ .Y- ,~:‘-.r/u’jYc.d ,.+ .:--: Address /I ,I -F-./i ii’: : \I Date 32z?&Jy&& <Jl$ Lrl, #-p (!A- qj200;7 Address / ~t-y-8 y -. _- _ ,- ,, ST:- ;, i : 2 Address Address Address Signature petition for building single story homes on the Shelley Tract properties adjacent to existing Carl&ad homes to the north Page ( 6 of ) We are homeowners in the La Cresta, Summer Walk, and Colinas Del Oro developments and agree with the 5/2/98 letter to the Carl&ad Planning Commission regarding the Shelley Tract Project and the request for the building of single story homes on lots adjacent to the existing developments to the immediate north (La Cresta, Summer Walk, Colinas Del Oro). We would like this request acknowledged and responded to in both the upcoming Carlsbad Planning Commission and Carisbad City Council public hearings. Printed Name Prihd Name 4 Lai- tJuL;te-wLT3 Signature KcLri?n tAczivl p’c\ Printed Name J-i??. *a0 Signature Printed Name Signature Printed Name Signature Date Printed Name Date s-3-%? Date Address Address Date Address Address Signature Date - EXHIBIT 5 7. EIR SO-O6/CT SO-O3/HDP SO-WPUD SO-O4/SUP SO-04 - SHELLEY TRACT MAP - Request for certification of an Environmental Impact Report and approval of the Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, Tract Map, Hillside Development Permit, Planned Unit Development and Special Use Permit to subdivide property into 250 residential lots and 6 open space lots on 104 acres generally located east of Rancho Santa’Fe Road and north of Calle Acervo in Local Facilities Management Zone Il. Assistant Planning Director, Gary Wayne introduced this item and stated that Associate Planner, Christer Westman, would present the staff report. Project Planner, Christer Westman presented the staff report and described the project as follows: The site is located in the southeast quadrant of the City, east of Rancho Santa Fe Road and joins the City of Encinitas. The site is currently vacant property of about 104 acres. The property owner has proposed a subdivision of his property into 251 single-family lots, 7 open space lots and 1 recreational vehicle storage lot. The subdivision includes changes made to the plan, in response to comments received from adjoining residents and other agencies. No buildings are proposed at this time. The northern development area is accessed only from Ranch0 Santa Fe Road where there are 62 lots proposed. Pad elevations for this section of the development are approximately 8 to 30 feet below the existing pads of the development to the north, Because of the elevation differences, existing residents will have view Opportunities from their second stones and in some place, from their ground floors, depending on the actual location of the residence in relation to the proposed subdivision. Open space lots of approximately 20 acres separate the two development areas. The open space lots provide an uninterrupted corridor from Rancho Santa Fe Road to Calle Acervo. On the south side of the corridor, there will be a trail which connects 2 smaller passive open space lots. The intent of the larger open space is to preserve area for wildlife movement and habitat restoration. The southern portion of the site contains the bulk of the development proposal with accesses from both Rancho Santa Fe Road and Calle Acervo. At the urging of residents north of the site, the recreation vehicle storage area has been sited internal to the project in the southerly section near the intersection of Calle Acervo and Rancho Santa Fe Road. The project is MINUTES 59 - PLANNING COMMISSION October 7,1998 Page 13 proposed with an average lot size of 10,600 square feet. Lots range in size from 7,600 square feet to over 20,000 square feet. The allowed number of units, at 3.2 dwelling units per acre (the control point under the Growth Management Plan) is 279 units. The proposal is for 251 units, 28 units below the growth control point. This equates to approximately 2.9 units per acre. The project will comply with the requirement to contribute to the provision of public improvements. In some instances, the contribution will be in the form of fees, such as park-in-lieu, community facilities district, and school fees. Specifically, the project will be required to pay the maximum fees allowed by law to the school districts at the time that building permits are requested. Payment of these fees satisfies the developers legislative obligation to contribute toward the provision for schools. Other improvements will be actual, such as the construction of Ranch0 Santa Fe Road, along the western property boundary, to full width which is 2 lanes in either direction including curb, gutter, sidewalk, and bicycle lanes. The project was reviewed for environmental impacts through an Environmental tmpact Report. Several issues were analyzed, such as traffic and biological and cultural resources. Although some impacts were identified to be significant, with the initial submittal, the project has been conditioned with mitigation measures, and some minor modifications (redesigns) have been made to the project which have reduced all of the impacts to levels below significance. Mr. Westman stated that there was a letter received, at approximately 515 p.m., addressed to the Planning Commission from Susan Johnson, a Colinas De Oro resident. A copy of Ms. Johnson’s letter is on file in the Planning Department. Regarding the EIR and the traffic studies, Commissioner Compas stated that he did not see any mention of the effect of the San Elijo Ranch on the traffic situation as part of the cumulative impact. He further stated that since San Elijo Ranch runs into Questhaven and has 3,000 homes, it should have been included in the traffic studies. Mr. Wojcik replied that San Elijo Ranch is included in the studies by the fact that it is part of SANDAG’s traffic model, even though the name does nbt appear in the EIR. Commissioner Monroy asked if the surveys, taken each year, are also taken into account and Mr. Wojcik replied affirmatively. Mr. Wojcik further stated that Carlsbad does not adopt all of SANDAG’s models and adopts only those that have used the City’s adjusted numbers. Commissioner Compas, indicating a reference to the Alga Norte Park, and asked where that park is located. Mr. Wojcik replied that the Alga Norte Park is located at the far north end of the La Costa Golf Course, approximately where future Poinsettia Avenue will be constructed. Wrth regard to the widening of Ranch0 Santa Fe Road, Commissioner Compas asked where the widening will begin and end. Mr. Wojcik replied that the widening will take place between Calle Acervo and Olivenhain Road. Commissioner Compas asked Mr. Westman to comment on the letter from Ms. Johnson, Mr. Westman indicated that most of the issues in Ms. Johnson’s letter have been addressed in the staff report and commented as follows: 1. Traffic - Traflic was analyzed.in the..Environmental Impact Report and one of the mitigation measures required to reduce impacts below significance, is construction of Ranch0 Santa Fe Road. 2. Habitat and Environmental Impact - The area known as the “cow pasture” is part of the 20 acre open space lots that are proposed with the project. 3. Schools - To the greatest extent possible, the City is requiring that the applicant pay the statutory school fees which are a contribution MINUTES ’ * PLANNING COMMISSION October 7,1998 Page 14 toward mitigating school impacts. 4. Property Values - Mr. Westman stated that he is not an expert on property values and could not comment on them. 5. Housing Density - Mr. Westman stated that the Johnson letter claims that it is difficult to visualize 251 units in this area. Applicant, Dan Shelley, P. 0. Box 230985, Encinitas, stated that he is available to answer any questions, Commissioner Compas asked who owns the cows and what will happen to them if this project is built. Mr. Shelley stated that the cows belong to Linwood Cole and have been there for approximately 15 years. Also, the cows will be moved to another property owned by Mr. Cole, if and when this project is built. Chairperson Noble opened Public Testimony and offered the invitation to speak. Sharon R. South, representing the Encinitas Union School District, 101 South Ranch0 Santa Fe Road, Encinitas, stated that the District has sent 2 letters to Mr. Westman, regarding the EIR. At that time, she continued, the Encinitas School District was looking at receiving approximately 84 students from this development based on an old student generation rate. Ms. South further stated that under the newest student generation rate, the number has risen to 93 students and added that with class size reduction, the addition of 93 students will require from 3 to 5 new classrooms to accommodate them. Ms. South pointed out that the school that is currently serving the area around the proposed development is on property purchased from Mr. Shelley, several years ago, was built to house 641 students and now houses 830 students and is currently closed to all new enrollment. She further stated that people who buy homes in that attendance area will have their children bussed to Mission Estancia School. (Mission Estancia School was built to house 546 students and now has an enrollment of 728 students.) Ms. South pointed out that this property is not in the La Costa Plan Area and is not part of that La Costa Master Plan Agreement with the developers that generates three new school sites for the District. She further pointed out that it costs the District $5,200 to house each student and if each home averages 2,500 square feet, the fees generated at a rate of 90 cents per square foot, is approximately $2,250 per student. Ms. South indicated that the local facility plan that was put into place, 10 years ago, continues to have outstanding and old data. She went on to say that even though the Encinitas School District continues to send information advising that the District is no longer multi-track year-round and is over capacity, does not seem to have an impact. Ms. South stated that at the recent quadrant meeting the planner stated, ” if we cannot accommodate children in schools and cannot accommodate roads, we don’t approve the development.” She then asked for help on how to answer those parents whose children are in the already overcrowded schools. She also pointed out that other developers within this same area and in the La Costa Master Plan area have come forward, of their own free will, and have paid more than the statutory fees and encouraged the Commission to ask this developer to help the District to accommodate the children that will come from this development and expect to be housed in the Encinitas School District Schools, Ms. South also pointed out that all three schools in this area are all California Distinguished Schools. Commissioner Monroy stated that every school in Carlsbad has the same problem with overcrowding. He then asked Ms. South if the residents of the District know that it is up to the School District to issue the permits and not the City of Carlsbad. Ms. South responded by stating that the District does not have the legal authority to not issue the permits. Commissioner Monroy suggested that there are other ways for the Encinitas School District to acquire funds, such as Mello Roos. He then asked how many more student the District could handle if they did have year-round school. Ms. South replied that, using numbers from the past, it would probably be able to handle at least 200 more students. Ms. South stated that a number of years ago, the citizens of Encinitas voted to tax themselves so the Olivenhain Pioneer Elementary School could be built in order to take themselves off multi-track year-round school. MINUTES bl - PLANNING COMMISSION October 7,1998 Commissioner Monroy pointed out that the State of California encourages year-round school, especially if a district is interested in acquiring state money with which to build schools. Unfortunately, he added, there does not seem to be a ready solution and it doesn’t appear that there is going to be a solution any time soon, Commissioner Monroy stated that someone has to tell somebody that there are no more building permits. Ms. South agreed and stated that she keeps sending in statements that Olivenhain Pioneer Elementary School is at capacity and is closed to all new enrollment. Commissioner Monroy stated that if Ms. South gives such a letter to the City of Carlsbad, there will be no permits, as long as the District does not take anyone’s money. Chairperson Noble stated that the solution to the schools problem is with the State of California and suggested that all of those concerned citizens should contact their state representatives to address the issues of schools. If the Commission approves this application, Commissioner Compas asked if the applicant is required to get a letter from the District stating its intent to serve the children from this project. Ms. South replied affirmatively, but added that she has been led to believe that the District does not have an option other than to,provide such a letter. However, she stated, she is going to check with her Attorney on the subject. Commissioner Compas pointed out that if the developer pays the proper fees, then he has a right to expect the schools to provide education for the occupants of his development. Ms. South responded by stating that the District may have to serve him other than in his neighborhood school. Assistant City Attorney, Rich Rudolf stated that, contrary to the statement made by Commissioner Monroy, neither the City nor the School District can stop the issuance of building permits. If it is not a legislative approval and is a quasi-judicial approval, such as the approvals before this Commission, the state legislators have detemined that the statutory school fees meet the requirements of CEQA and are adequate mitigation, even though that is not the truth, but is legally so. Commissioner Monroy stated that everyone has been told that without the facilities, there will be no permits. Mr. Rudolf replied that with the exception of schools, that is probably true. Tracy Michael, 2933 Via Emerado, Carlsbad, stated her concern regarding the fact that she and her neighboring residents were not notified of this meeting. She went on to say that if they had all received proper notices, there would probably be more people in attendance at this meeting. Regarding the widening of Ranch0 Santa Fe Road, Ms. Michael stated that she is against such a project as all it would do is create a bottleneck where the road meets Manchester. She further indicated that she is very concerned with the future availability of classrooms for her 2 small children as well as the future quality of life in Carlsbad. She also voiced concern regarding the loss of open spaces and stated that La Costa Valley will be building into the year 2015 and there should be plenty of housing available. Further, she does not feel that another.housing development needs to be approved at this time. Chairperson Noble stated that, at build-out, Carlsbad will have over 40% open space within the City Limits. Chairperson Noble asked Ms. Michael how far the proposed development is from her home. MINUTES 104 PLANNING COMMlSSlON October 7, ? 998 Page 16 Ms. Michael replied that her home is within a football field’s length of the project and is located at the intersection of Olivenhain Road and Ranch0 Santa Fe Road, on the north side. Sheila Durkin-Rigano, 2018 W. 14th Street, Encinitas, stated that she did receive the notice for this meeting and asked what the radius is for noticing. Chairperson Noble replied that the state requires noticing within a 300 foot radius and the City of Carlsbad elected to notice within a 600 foot radius. Project Planner Westman stated that the 600 foot radius from a project is applied regardless of city boundaries. Ms. Durkin-Rigano agreed with Ms. Michael’s concerns, especially when it comes to schools. She agreed with the lawful rights of a property owner to develop his property, however, there must be a better way to plan in order to allow everyone to have the quality of life that they are looking for and to provide for more schools. Greg Landers, 3245 Avenida Anacapa, Carlsbad, stated that one of the reasons his family located in South Carlsbad is because of the award winning school in the area. Regarding infrastructure and Ranch0 Santa Fe Road, Mr. Landers stated that the widening of Rancho Santa Fe Road will do no more than to create a bottleneck and gridlock in the direction of Manchester Avenue, and will not solve any of the existing traffic problems. Mr. Landers referred to a letter he wrote to the City, in May 1998, in which he requested that the 11 proposed homes adjacent to the existing homes, on the northern side of the development, be restricted to l-story rather than 2-stories. The three benefits would be privacy, not having to look at the perhaps un-kept yard of some of the older homes, and the preservation of the open space feeling. Robert Lisle, 3215 Calle Vallarta, Carisbad, echoed concerns over the schools issues and further stated that he does not see how the Commission can render a decision when they don’t know what the options are. He stated that there is a simple solution to the problem and that is to build the schools before the houses are built. Mr. Lisle pointed out that there is no more room for portable classrooms at Mission Estancia and the school is already operating at well over capacity. He also stated that it is up to the City and the School Distiicts to find options and to address the schools issue promptly and adequately. Mr. Lisle suggested that if there was not enough water and power to support the new projects, the project would not be built. By the same token, he added, if there are not enough schools, then the housing development should not be allowed to be built. Regarding the EIR, Mr. Lisle pointed out that he found nothing to indicate any type of air quality mitigation, off the site, during the construction process and said that he would like to have that addressed. Another question asked by Mr. Lisle was what type of barrier will there be between the new development and the adjacent existing development, and when will that barrier be constructed. Scott Woodward, 3247 Avenida Anacapa, Carlsbad, asked the Commission to be sensitive to all of the wildlife and environmental issues, as they are all important and irreplaceable assets for Carl&ad. He suggested that the proposed plan does not conform to wildlife corridor guidelines and results in the loss of wetland habitat. Mr. Woodward requested that the Commission require that the project adhere to all of the environmental guidelines and consider all- wildlife and environmental issues and alternatives before approving this project. Commissioner Compas asked Mr. Woodward to identify where the project does not meet these guidelines. . ,. .,. Mr. Woodward stated that part.of the EIR states, “the proposed design of.the Encinitas Creek open space corridor does not conform with the design guidelines for the wildlife corridors maintained by the draft MHCP and the draft Carlsbad MHMP.” Mr. Woodward also indicated that another portion of the EIR states that the project does not conform with the requirements as far a wetlands are treated and how far the setbacks are, off existing wetlands. While he stated his respect for the rights of the property owner to MINUTES . * PLANNING COMMISSION October 7,1998 Page 17 develop his land, Mr. Woodward stated that the corridor concept is important and should be preserved. Mr. Woodward then asked if there have been any changes to the original EIR and/or the project plans. Anne Herbert, 3304 Calle San Blas, Cartsbad, stated her concerns regarding the schools, and asked where are the additional schools going to be, when will they come, and how are they going to serve all of the children for each new project. She also stated her concerns regarding the constant increase in density. Ms. Herbert also stated that the noticing radius should be increased because she doesn’t feel that enough people are receiving notices of public hearings. Regarding traffic, she agreed with the past speakers in that the widening of Ranch0 Santa Fe Road will create a huge bottleneck and make matters worse than they already are. Ms. Herbert stated her respect for Mr. Shelley’s right to develop his land but asked the Commission to downsize the project and reduce the density. She suggested that the project could be built with larger, but fewer, homes and if a neighboring project is an example, they will sell practically overnight. Chairperson Noble stated that in addition to the notices mailed to all home within a 600 foot radius of a project, the Notice of Public Hearing is also published in the local newspaper. Ted Elliott, 3217 Calle Veratex, Carlsbad, stated that his main concern is the schools and that he is in agreement with those people who spoke earlier in the meeting, and suggested that the children from this new project be bussed to other schools. He also agreed with Mr. Lisle’s suggestion to not allow this project to be built until more schools have been built. Mr. Elliott further agreed with Ms. Herbert’s suggestion to have larger but fewer houses resulting in fewer children to be served by the existing schools. Mr. Elliott also asked that only l-story homes be allowed on the north side of the project to effect privacy and preserve the views. Chairperson Noble asked Mr. Elliott if he is aware of the fact that there is no view ordinance in the City of Carlsbad. Mr. Elliott replied that he was not aware that Cansbad does not have a view ordinance but still would like the Commission to consider l-story homes instead of 2-story homes. Lori Seaquist, 3310 %alle San Bias, stated that she lives 2 doors away from Anne Herbert and did not receive a notice of this hearing. She asked if the open space area is included in the 104 acres of the overall development. Ms. Seaquist wished to go on record stating that, in her opinion, everyone who resides on Calle San Blas and is adjacent to the project, should have been notified. Mark Campbell, representing Product Design Consultants, 701 B Street, San Diego, referred to the issues. raised regarding schools and stated that the state does control the funding and building of schools in this area. Regarding the Ranch0 Santa Fe widening project; that is a condition of approval on the project and agreed upon after extensive negotiation and discussion with staff, and the applicant has agreed to going a little beyond the requirements for the funding of transportation projects within the Zone 11 Master Plan. Mr. Campbell further stated that with regard to the edge condition, especially during construction, that a plan has been prepared that provides for fencing along the perimeter of the project. As for the time during construction, a construction fence will be erected during the time of the grading operation to ensure safety. There are also erosion and dust control ordinances, as well as for start and finish of daily operations that are in effect and will be followed. Mr. Campbell addressed the question of adequacy of the wildlife corridor by stating that since the issuance of the EIR, the project has been revised, as suggested by the wildlife agencies, to widen the wildlife corridor by an additional 200 feet which will sufficiently open up the area. Mr. Campbell pointed out that the applicant has met with the Fish and Wildlife and Fish and Game, on- site, to discuss .the wetlands delineation and part of the issue has to do. with safety, in terms of the separation of the northerly access road. For safety’s sake, it is better to have a minor encroachment in the wetlands and there will be on-site mitigation elsewhere. Chris Neals, 501 W. Broadway, San Diego, stated, in response to a statement by Ms. South, that the 93 . . MINUTES tbq PLANNING COMMISSION October 7,1998 Page 18 students that are expected from the 251 houses will actually yield $6,075 per student. He also stated that Mr. Shelley is also concerned about schools and that it is a problem that will require everyone to get together in order to solve. Commissioner Compas asked if someone from Mr. Shelley’s staff could respond to the request for only I- story homes along the north perimeter of the project. Bob Wilkinson, representing Wilkinson Design Group, stated that this project is not bringing any type of architectural proposal for approval and the question of the height restriction on the north perimeter would be better addressed at a later time. He assured the Commission that the project will have both 1 and 2- story designs but that they will be dispersed throughout the entire neighborhood and not concentrated in only one area. Mr. Wtlkinson pointed out that the grades along the perimeter have been lowered and that should result in a normal view situation. Commissioner Compas asked Mr. Wilkinson if he will make a special effort to build single-story homes along the northern edge of the property. Mr. Wilkinson responded by stating that it is not appropriate as they are not proposing architecture at this time, in addition to the fact that it is not their intention to place a concentration of single-story homes along that perimeter. Seeing no one else wishing to testify, Chairperson Noble closed Public Testimony. Mr. Westman explained the process of noticing and stated that the Santa Fe Ridge area appears to be just outside the projects 600 foot radius. Regarding the open space and the adequacy of the wildlife corridor, stated that what was presented at this meeting was a change from the original plan, in that the corridor was widened and the project now has concurrence with the California Department of Fish 8 Game and the U.S. Fish and Wildlife Service, regarding the draft HMP for corridor guidelines and also for mitigation proposed for impacts to wetlands within this corridor area. With this concurrence, Mr. Westman stated, staff felt it was safe to move forward with the project. Regarding the issue of single-story homes along the northern perimeter, Mr. Westman pointed out that the project has been conditioned to come back for a full review -of their Site Development Plan for architecture as well as for details regarding signage and perimeter fencing and other fencing designs throughout the project. Because the current project is only subdivision, there are no details that are concepts within the plans but that is anticipated to change. Should there be a builder, other than the applicant, they may have a different design or concept and will be required to come back to the Commission for a Public Hearing on a Site Development Plan. Mr. Westman pointed out that the density is based on the developed (disturbed) acres and once the open space is deducted from the overall acreage, then the density is calculated. Commissioner Compas asked Mr. Wojcik to comment on the issue of the widening of Ranch0 Santa Fe Road. Principal Engineer, Bob Wojcik responded by stating that when they were preparing this plan, the City of Encinitas was contacted in an effort to find out what their intentions were regarding the southerly portion of Ranch0 Santa Fe Road. Their response was anindication that they are changing their circulation element and their portion of Ranch0 Santa Fe Road will have 4-lanes. Commissioner Compas then asked for comment on the request for a restriction to allow only single-story homes along the north perimeter of this project. Mr. Westman responded by stating that there certainly could be benefit to the existing home owners, if there is only single-story houses along that edge. However, as stated by Chairperson Noble, there is no view presentation ordinance in the City of Carlsbad by which staff could require that of the developer, Mr. Westman added that to take some of these things that are outside of the ordinance into consideration is MINUTES bS PLANNING COMMISSION October 7,1998 Page 19 still an option open to the Commission, and if the Commission finds the requests to be reasonable and there is justification, such requests could be required. It could also be something that is included in the Minutes and when the project comes back for the Site Development Plan, staff will have that information in the Minutes and work with the builder to see how much they may be able to comply with the request without actually having them imposed by the Planning Commission. Following that, the Site Development Plan will come back for a Public Hearing. Mr. Wayne stated that Rancho Santa Fe Road is designated as a major arterial, which may be down- graded to a secondary arterial, but is nevertheless going to be a 4-lane roadway because of the projected traffic. He added that the City has a responsibility to its citizens to create the roadway system that is important for circulation in this city. Chuck DuVivier, Deputy Mayor of Encinitas, stated that when Highway 680 was taken off the Encinitas circulation element, one of the mitigation requirements was that the City review the northern section of Ranch0 Santa Fe Road down to El Camino Del Notte. It was expected that the road would have to be widened to four lanes. The City Council has not taken action to widen that section of road, to date. Currently, Ranch0 Santa Fe Road is a 2-lane augmented light collector which means that there will be turn pockets at intersections but will otherwise remain a 2-lane roadway. Currently there is no process expected to come back before the Council. Someday, however, when Leucadia Boulevard goes through and Encinitas has a better idea of where the traffic is going to go, the question of widening Ranch0 Santa Fe Road will be reviewed. Commissioner Compas stated that at certain times of the day, that road is terrible, and Mr. DuVivier agreed. Commissioner Monroy stated that he had been under the impression that the Growth Management Plan does protect the City from schools if the School District does not approve them. He further stated that the issues surrounding the schools is very serious and must be addressed and solved as quickly as possible. Commissioner Monroy stated that he could reluctantly support this project. Commissioner Compas agreed with Commissioner Monroy regarding the schools. Further, he recommended, if this ‘application is approved, that Mr. Shelley give some consideration to paying more in school fees as some other developers have. Also;if this project is approved, the Commission should recommend that the Shelley Group make a serious effort to put more single-story homes along the northern perimeter. Commissioner Compas stated that he would, reluctantly, support the project. Chairperson Noble stated that schools can’t be built as fast as houses, simply because without the fees from the housing development, there would not be any money for the schools, He further stated that he will reluctantly support the project. ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolution No. 4349, recommending certification of EIR 90-06, and recommending approval of the Candidate Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program and adopt Planning Commission Resolutions No. 4350, 4351, 4352, and 4353, recommending approval of the modified Encinitas Creek Corridor Alternative of Carlsbad Tract, CT 90-03, Hillside Development Permit, HDP 90-l 1, Planned Unit Development PUD 90-04, and Special Use Permit: Floodplain SUP 90-94, based upon the findings and subject to the conditions contained therein, including the correction to Item No. 49, Unit 3C, page 14, Resolution No 4350, which should read, Ranch0 Santa Fe Road, graded to City circulation element designated arterial . . . as stated by Mr. Wojcik. VOTE: AYES: 5-o Noble, Savary, Monroy, Compas, and Nielsen bb MINUTES PLANNING COMMISSION October 7,1998 NOES: ABSTAIN: None None Page 20 67 1984 1986 1988 1993 1993 Property annexed into city - General Plan designated property for Residential Low-Medium Density Use (up to 4 dwelling units per acre) Growth Management Plan adopted which includes School Performance Standard Local Facilities Management Plan prepared for Zone II. School District reviews and confirms adequacy of Plan Financing Plan approved for Zone 11. School District confirms that payment of state statutory fee is required for projects within Zone 11 City Council adopts new condition regarding mitigating impacts on school when a legislative action (e.g. GPA, ) is part of development project 1993 Draft EIR prepared for project. EIR indicates that students will be accommodated at Mission Estancia School. Confirmed by School District 1998 Recirculated EIR prepared. School District informs city that statutory fee will not fully mitigate school impacts. EIR response is that because project does not include a legislative action, only statutory fees can be required 1998 School District must provide letter at time of building permit confirming that project has satisfied the District’s requirements for mitigation 1998 November 3rd State Election - Proposition 1 A passes GMP SCHOOL PERFORMANCE STANDARD School capacity enrollment within determined by the district must be to meet projected the zone as ar>DroDriate school provided prior to projected occupancy. REGARDING SCHOOLS Prior to the approval of any final map or the issuance of any permits within the (insert area covered by legislative action), the applicant for the final map or permit shall submit evidence to the City that impacts to school facilities have been mitigated in conformance with the City’s Growth Management Plan to the extent permitted by applicable state law. DEC-15-1998 16:46 EUSD BUSINESS DEPT 760 633 1298 P. man UN10N SCHOOL DISTRICT -.Qiagethr +ib&&ag t?%Wbn to Rudjiw the Starnu December 15,1998 AGENDA ITEM # / 0 Claude A. “Bud” Lewis, Mayor City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 c: Mayor City Council City Manager City Attorney City Clerk Dear Mayor Lewis, As per your letter to Board President Regan, I am very much aware of the citizen attention currently focused on the public hearing scheduled for tonight on the Shelley Development. The District is pleased to attend the meeting tonight and address our master plan for housing children in the Encinitas Union School District as per our Strategic Plan. In addition, I would like to request that the City Council consider a continuance of action on this matter until the first scheduled meeting in January. This would allow time for the District, City and even the developer to meet and confer regarding the project timelines and the impact on the infrastructure. I believe it could serve all our interests to take this time for further dialogue before your final action. This would also allow the District the opportunity to communicate with our stakeholders regarding the plans for housing the students that will be generated from this project. Further, it will allow the concerned citizens the opportunity to dialogue with the City of Encinitas regarding the other “regional planning issues”. Sincerely, L@-- Doug DeVore, Ed. D. Superintendent cc. Board of Trustees, Encinitas Union School District City Manager, Carlsbad Board of Truotma Tw Q-Y Shannon Kuder Willii Parker cfiuly Regal carol SkllJall Suporlntondont Doug166 I? D&be. Ed.D. Aorletant Suporlntondenm Eonita Drolet, Ed.D. Dannlel Grider, Ed0 Eouceuonar services Mml~muVe sewlcm Chld Flnanctmi OWker Sharon R. South 101 S. Rancha Senta Fe Rofad. Encinitas. CA 920264349 Phone (760) 9444SOO FAX (760) 942.7094 TOTFlL P.81 DEC 14 1998 15:27 FR TO 917607209461 P.Ol/Ol 12/14/98 TO: Carlsbad City Council 1200 Carlsbad Village Dr. Carlsbad Fax: (760) 720-9461 FROM: Julie & George Gerwe 3466 Camino Carte Carlsbad 92009 (760) 942-9379 AGENDA lTEM # m/D c: Mayor City Council City Manager City Attorney RE: Shelley Site Development Dear City Council: Our family has just moved into the Santa Fe TraiIs subdivision in southern Carlsbad. We were attracted to this particular area of San Diego because of the proximity to great schools, convenient shopping and the beauty that the area offered. However, we were unaware of how crowded the schools were. Our children attend Mission Estancia Elementary instead of Olivenhain Pioneer Elementary (our zoned school) because OPE had closed enrollment by the time we closed escrow. Mission Estancia is close to our home as well, but it also serves many more students than it was buih for. I was shocked to learn there are plans to build 250 homes in the Shelley Site adjacent to our neighborhood. This development would funnel yet more chikiren into these packed schools. How can the C&bad City Council approve final plans for this development without a detailed study on the impact to the schools in the area (coordinate with the city of Encinitas and the Enoinitas Unified School District?) We would expect responsible planning to include a study and solution for the overcrowding in our schools and the addition traffic created from this proposed development. We cannot understand how you, the Carlsbad City Council, can approve and go forward with this plan without these kinds of considerations. Sincerely, Julie Gerwe w TOTAL PFIGE.Ol ** FROM : Brian Flrnold PHONE NO. : 768 9429418 Dec. 14 1998 82:BBPI-l Pl Carlsbad City Council To whom it may concern: I am writing concerning the proprosed 250 home development on Ranch0 Sante Fe road at Calle Acervo. I would like to register my concerns with the council before the December 15th meeting. My concern is that Regional Planning issues be addressed before approval of the proposed development. I would like an updated traffic survey study and Regional Traffic solution between the cities of Encinitas and Carlsbad and a proposed solution for school overcrowding by the Encinitas Unified School District. Sincererly, a LJ L JYIf,, Brian Arnold 3456 Camino Largo Carlsbad, CA 92009 760 943-9430 AGENDA ITEM # /o c? Mayor City Council City Manager Wy 4aosaey DEE-14-98 14: 56 WILSON CHEN TEL:619-759-0919 P: 01 E[: (br4)- K6- 8 260 +iii pods? AGENDA ITEM # io ct Mayor City Council City Manager City Attorney city clerk li) ‘J FROM : George 8 Susan Foote PHONE NO. : 760 943 8021 AGENDA ITEM # Gi Susan F. Foote City Council 2417l.aPlanchaLane City Manager C&bad, CA 92009 City AtW-ney (760) 943-802 I December 13,199# To: Bud -is, Ann Kulchin, Julie Nygaard, Matt Hall, Ramnna Finnila Fax: 720-946 1 “But Mom, who will we ‘Mooooo!’ toT That is my S-year old dau&er’s heartfelt COIKXIII about the proposed development on the comer of Ranch0 San@ Fe Road and Olivonhnin Road. Tt. may sound l&e a silly. childish question, but in fact, it epitomises Lhe reality that our beautiful, country-like setting in Carlsbad is being wiped out hy runaway clevclopment. We have watched dcvelopmcnt in southern C&bad skytocket in the last 5 years. It seems anywhere rhere are 2 blades oC grass growing togethb,, someono decider they must build on it. 11 sad&ns me to see the undeveloped land all around us give way to housing tracts and strip mulls. The beauty of Carlsbad is quickly being lost, as developers seem to have carte blanche to build, without regard for the impact on roads, schools, or quality of life. I hava chit&u that attend Mission Estancia Elerne~~~~ School, and it concerns me greatly that these new houses will bring an influx of new students to an alnAy overcrowded school. My son’s class meets in a trailer parked on the blacktop playground. Does the school district plan to cover the plwground with trailers to accommodate thcsc new students? Nearby Olivcnabain pioneer liilementary has already closed its doors to new students. Where will these new children attend s&ool’? Trac along the f&n&o Santa Fo Road oorridor between Olivenhain Road and Encinitas Blvd. has already reached an intolcrablc level. This 2-lane road, sprinkled with 4-way stops that only serve to f&ha congesr and choke the Ilow of traffic, cannot support another housing development dumping commuters onto it. You cannut shrug your shoulders and say. Yhe school overcrowding isn’t our problem; that’s up to rhe school district.” You cannot shrug your shoulders and say, %c road conge+stion on Ranch0 Santa Fe Road isn’t our prubfcm; that’s up to the City of Encinitas.” You cannot move forward and give approval to this development until these ~SJU~S have ken cooperatively addressed and resolved between both cities md tbe s&001 district. I shall be watching your vote on Tucsdny night, and counting on you to act in the best in&rest of the midas of Cmlsbad who clcctcd you to repmsmt them, and not those of the developers. PQI Llec -2 98 11:03a '; Bayardo Abaunza 760-944-7037 -- P- 1 Ay Council Xy Mana#er Xy Attorney Fax e~!z~t-c.~~ To: Carkbad Cii Council From: Bayardo & Cynthia Abaunza Fax: (760) 720-9461 Pages: 2 - Phone: (760) 434-2840 Date: 12/12/98 Re: Proposed 250 home development on CC: Ranch0 Santa Fe Road at Cake A-NO El Urgent 0 For Review Ef Please Comment 0 Please Reply 0 Please Recycle 0 Comments: Dear Sir or Madam: We are writing to register our concerns regarding the Proposed 250 home development on Ranch0 Santa Fe Road at Calle Acervo. In the last four years that we have lived in San Diego County, we witnessed the terrible over- development of the Del Mar/Cannel Valley area. We saw the loss of natural reserves and the doubting of street and freeway traffic. Prior to living in San Diego County, we lived in Los AngeleS. We saw the hardships of school overcrowding, smog and gridlock on streets and freeways. When we decided to buy a new home in San Diego, we agonized over where to call home. Did we want to live in an overcrowded city where it took you 40 minutes to get on the freeway? Or, did we want a city with a small town atmosphere and wide open spaces? We finally chose Carlsbad for its small town fee), wide open spaces and controllled growth. We looked at the new developments in Carlsbad and, with each new development, we saw that the City was building an infrastructure to support them because each new development included new schools and wider roadways. tt appeared that the Cansbad City Council was learning from the mistakes of other cities like Los Angeles and Cannel Valley. However, it appears we were sadly mistaken1 The proposed 250 home development on Ranch0 Santa Fe Road at Calle ACIZNO does not appear to include a plan to build an infrastructure to support it. The existing schools that would support that new development are already overcrowded and at maximum capacity. The roads surrounding the planned development are not wide enough to support more homes. When is the overcrowding of Cansbad going to stop ? In a recent article by the San Diego Union Tribune, the city of Carlsbad has issued permits for the construction of some 10,000 new homes. Dee 12 98 11:03a Bayardo flbaunza 760-944-7037 December 12,1998 Cadsbad was to be respected for its excellent school district, infrastructure of roads, small community atmosphere and preservation of its natural beauty, Such large scale construction of new homes goes against that philosophy. The construction of this new community specifically will destroy the wetlands area that has contained cows and birds and add yet another new community within a mile radius of the new developments of The Ranch, Santa Fe Trails, La Costa Valley and Mendocino. Such a large expansion in such a small area is unacceptable. It is greatly disturbing that Cadsbad City Council is turning its back on the residents of this community. When elections are held to determine elected officials in the City of Carlsbad, the constituents of Carisbad will remember the individuals that have and have not attempted to build a better community. Elected officials need to listen to the concerns of their constituents and not the interests of the new home builders. It is the residents of the community that will have to live with all the ramifications of the overbuilding of Carisbad; not the builders. Sincerely, P-2 l Page2 Nan Sterman a 760 634.2957 eI12/1498 89:36 AM ix-Y3 Nan Sterman & Curt Wittenberg 205 Cole Ranch Road Olivenhain, California 92024 (760) 943-0205 AGENDAITEM # /o 1 December 14, 1998 Doug DeVore Sharon South Encinitas Union School District c: Mayor City Council City Manager City Attorney City Clerk I would like to direct your attention to a flyer that has been circulating in the OlivenhainSouth Carlsbad area this past week. The flyer highlights the growing problems of overcrowding in the elementary schools in our area - most notably Mission Estancia and Olivenhain Pioneer. As you know, the City of Carlsbad plans thousands of new homes in this area, but has done nothing to address the issue of where the children will go to school. Carlsbad claims that the school issue is a regional problem, without recognizing that they are the region - along with Encinitas, Oceanside, etc. Carlsbad cannot simply assume that the school district will find room for these new children “somewhere,” and we cannot afford the “wait and see” approach that the school district has taken thus far. It is time for you to take a proactive stance and deal directly with the City of Carlsbad to resolve this issue, otherwise, our schools -- and most importantly our children -- will suffer. Nan Sterman Cc: Dennis Holz, Encinitas City Council Sheila Cameron , Encinitas City Council Christy Guerin, Encinitas City Council Chuck Duvivier, Encinitas City Council James Bond, Encinitas City Council Bud Lewis, Carlsbad City Council Matt Hall, Carlsbad City Council Ramona Finnila, Carlsbad City Council Julie Nygaard, Carlsbad City Council Ann Kulchin, Carlsbad City Council FROM : PHONE NO. : 6197569514 Dec. 14 1998 89:45RW Pl AGENDA lT@l a /o 3471 S&o Baya carisbd, Ca 92&Q _.. i . :< L..’ ” “‘. ,’ ‘. ‘. n ,. ‘. .,,’ ‘.. ..,. ,I : j .) ,:‘i”, ‘.,,‘:,.. : ‘,‘, >.,‘,> .; ,, :*j:, ‘ ‘:. I’ ., ;. , . . . I : ,. .’ !I.. . DEC.14.1998 10:56FIW NO. 792 P.l/l Attn: City Council People City of C&bad December 14,1998 We urge you to delay the approval of the SHEUY 250 home development on Ranch0 Santa Fe Road. The schools in the area cannot support ANY new population, And the roads are illequipped to handle ANY increase in traffic. I won’t even go into the disasterous aesthetics of such a development, not the environmental disaster created, by this development. On behalfof both Encinitas and Carkbad, please say NO to this project. Sincerely, &A?. /v\/&- a Copper Cre 0meowne.r~ Association AGENDA fJ-EM # /o MiXyOb c: ‘f @ouncil .' : Rlamger *...s -i Attorney . . xc-y @k?rk 12/11/1998 16: 42 6199445521 MINNICK PAGE 81 - AGENDA ITEM # C: .:, .‘&*w ,/R ‘35q 9’ &‘+,P Mayor city Council C2t-j Manager i; &&J, cm City Attorney C&Y Clerk DEC-18-98 THU 14:27 Pat i f i c Data P-81 I&NDA~EM # /P) - I 2- 1 O-08 a Mayor City Council 1 City Manager City Attorney city clerk Dear Mayor Lewis and City Council Mcmbcrs, Recently 1 was informed that voting will occur on LXc. 15th regarding the proposed dcvelopmcnt at Ranch0 Santa Fe Rd. and Callc AC~IVO in Carlsbad. Naturally, as a concerned resident of Carlshad, and parent of three Mission Estancia Elementary children, I am tlecply disturbed by yet another development being considorod whorl orhcr seemingly “regional’” issues seem unresolved. My concern is paramount regarding the already overcrowded and currently closed to new enrokos elementary schools that would supposedly support this now development. Secondly, the mounting traffic at Ranch0 Santa Fe between Olivenhain Rd. and Encinitas Blvd. needs to be addressed and more importantly solved long before more housing is erected. Thus, I am strongly opposed to new tlcvclopement UNTIL the other more supportive regional issues are resolvcti. 1 recommend that these problems be corrected first before any more residential homes are built. Sincerely, Susan Barth Concerned Parent 12/11/1998 14:m 619-942-9898 December 1 I, 1998 LAURA JUCHA PAGE 01 AGENDA alEM # /n CI Mayor City Council City Mana@f City Attorney city Clerk To: Carlsbad City Council I live in the homes between Olive&in Pioneer Elementary and Mission Estancia Elementary. OPE is closed to new enrolhnent and Mission Estancia is over crowded. My lSt grader’s class room for the 2nd year in a row is a converted classroom to make room for the smaller class size. (I call it the broom closet). It has no windows and is at least 50% or more smaller than the other classrooms. Don’t get me wrong. I am very grateful to have 20 kids per class and appreciate the strain that put on the existing class rooms and facilities. However, it has been brought to my attention that you want to approve yet another development in the cow pasture by OPE. This would be an additional 250 homes. Where would these children go to school? That is several hundred more children to attend our local schools!! OPE is closed to new enrollment and there is no more room at Mission Estancia. La Costa Heights somehow needs to absorb children from La Costa Valley until that school is done. The new Elementary school in La Costa Valley will probably open overcrowded! WHERE WILL THESE KIDS GO TO SCHOOL? I do not like it that the houses are built and then someone realizes we need a school! Its painfully obvious now that there are not enough schools, Traffic is terrible and 250 more homes is not going to help the overcrowding in the schools. I believe that there needs to be a better plan for the roads and sohools to ease traffic and the over crowding in the schools BEFORE THE PROJECT IS APPROVED . What’s the point of 20 kids in the class if we’re going to cram them in like sardines? I have lived in this immediate area for over IO years. Growth is great, but at some point enough is enough. I don’t think we need a housing development on every available piece of land in Carlsbad. Unfortunately driving around that’s what it looks like. Please take time before approving yet another development. Plan for the roads and schools fist! Thank you for your time, 7825 Sitio Calmar Carlsbad, CA 92009 760-942-8969 AGENDA ITEM # /o Mr. Bud Lewis, Mayor Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92009 G: Mayor City Council City Manager City Attorney City Clerk Re: Shelley Home Development in South Carlsbad-Just Say No! Dear Mayor Lewis, We are writing to register concerns about the proposed Shelley plan to build 250 homes on land that parallels Ranch0 Santa Fe Road, next to Olivenhain Pioneer Elementary at the southern end of Carlsbad. Quite frankly, we‘re disturbed that the City Council seems to discount residents’ concerns about traffic and schools. First, the Planning Commission approved the development “reluctantly” after listening to many residents’ compelling testimony against the development. And now, the City Council appears poised to certify a statement of overriding concerns at the December 15 City Council meeting to acknowledge these issues but proceed with the development anyway. We believe the City Council has an imperative responsibility to residents in South Carlsbad to propose solutions to the following “regional planning issues” identified as non-mitigable in the City’s Environmental Impact Report (EIR) before approving the development: 1. Traffic-The most recent traffic study in the Environmental Impact Report (EIR) was conducted in March 1996, nearly 2 l/2 years ago. Even then, the report cites (Section 4.4-24): “unacceptable cumulative levels of service at the Ranch0 Santa Fe/Melrose Drive and Questhaven Road/Ranch0 Santa Fe intersections is regarded as significant and not mitigable. Measures must be developed at the regional level and are therefore not the responsibility of the applicant for the proposed project.” Whose responsibility is it and should residents have to suffer while this is decided? At the Planning Commission Meeting, Encinitas Councilman Chuck DuVivier said the City of Encinitas has no plans to widen Ranch0 Santa Fe as residents have voted the measure down in the past. It is unlikely that the proposed improvements to the Carlsbad piece of Ranch0 Santa Fe or the Leucadia Blvd. on-ramp will adequately offset traffic concerns, especially in light of the growing congestion of I-5. We believe an updated traffic study should be conducted before the Shelly development is approved to consider whether intersections and thoroughfares on Ranch0 Santa Fe still meet the City’s required “D level of service,” especially in light of additional traffic from the newly opened La Costa Valley development. Traffic has markedly worsened in the last six months.. .at a much greater rate than the annual 1% increase forecast under one scenario in the EIR. We challenge anyone who approves this project to drive the two mile stretch between Olivenhain Road and Encinitas Boulevard on a weekday morning (which often takes 45 minutes!) 2. Schools-The EIR says children from the proposed development will attend Olivenhain Pioneer or Mission Estancia although both schools (and La Costa Heights) are currently serving significantly more students than they were built to serve (OPE, 189 students over; ME 182 students over and La Costa Heights, 85 students over). OPE is currently closed to new enrollment. The EIR goes on to state (Section 4.1-24) that the developer mustprovide evidence that impacts to school facilities have been “mitigated in conformance with the city’s Growth Management Plan.” What does this mean? Even if the developers pay a fee to support students at local schools, where will they attend? Has the City of Carlsbad worked out a busing arrangement with the Encinitas Unified School District? Will the new La Costa Valley Elementary School be able to serve these students after the 3,300 homes forming Villages of La Costa are fully built out? As Carlsbad residents with children who attend overcrowded Mission Estancia, we’d like this concern addressed before the Shelley development is approved. 3. Carlsbad Growth Plan-We believe the City of Carlsbad should m-open a dialogue with citizens about its growth plan and commitment of 40% open space. During our recent meeting with City Council representative Ann Kulchin and city planner Christer Westman, it became clear that our concept of “open space” (i.e. preserved canyons) differs from the City’s (parks and golf courses, and small pockets and corridors in developments to give the illusion of living in a less urban area.) Since the original growth plan was approved over a decade ago and we are now witnessing unprecedented growth during an economic boom, we’d like to re-visit the desireabilty of the current Growth Plan. After reviewing the zoning map, it appears that very little is zoned for true open space. The opportunity to enjoy daily living and commuting in an environment rich with natural beauty is a central quality of life issue for those of us who live here. With land values as high as they are, we rely on our elected leaders to balance growth issues with preserving quality of life for residents. It seems short-sighted to build on land like the Shelley development that includes a key wildlife corridor, rapidly disappearing wetlands that are home to many endangered species, and an important pre-historic archaeological site. While the EIR appears to adequately address the legalalities to lessen the impact on these envrionmental issues, we’d like to see a larger commitment by the City of Carlsbad to preserving some of these areas in their natural state. Chris RomSln 2?4 La Plancha cane, Carkbad Carlsbad cc: Members of Carlsbad City Council Members of Encinitas City Council Christer Westman, Carlsbad City Planner Sharon South, Encinitas Unified School District North County Times - l!ibx Note Sent with a8I’#ObO&Sfax modem. FAX COVER SHEET Tuesday, December 15, 1998 11:57:13 AM To: Mayor Bud Lewis At: Carlsbad City Council Fax #: 720-9461 From: Suzanne Mitchell Company: EM Science Fax #: (760) 944-8500 Voice: I-800-648-4827 ext.727 Fax: 1 page and a cover page. Dear Mayor Lewis, Attached please find my concerns regarding your upcoming vote this evening. Thanks AGENDA ITEM # IO c: Mayor City Council City Manager City Attorney Tuesday, December 15,1998 11:57:13 AM EM Science Page 1 of 1 c Suzanne Mitchell 33 1lAvenida Anacapa Carlsbad, CA 92009 (760) 944-7102 December 15,1998 To: Bud Lewis, Ann Kulchin, Julie Nygaard, Matt Hall, Ramona Finnila cc: J. Stryker Meyer, North County Times Fax: 720-946 1 The cow pasture on the comer of Ranch0 Santa Fe Road and Olivenhain Road has an played an integral part of our life since we moved to this area. My four year old asks at least once a day,” Can we go the cow way ?” I have explained to both my children that the cows will soon be gone and it pains me to do so! I realize that growth may be inevitable as we chose this idyllic setting for our home but I think it has to be well planned and managed! We bought into the area so that my nine year old son might attend Mission Estancia Elementary School, one of the schools I consider to be among the best in San Diego County. It concerns me to attend PTA meetings where Doug Devore isn’t even sure how the EUSD and CUSD will handle the La Costa Valley Project, let alone this new proposed one! At Mission Estancia many classes are already meeting inportables parked atop what used to be children’s playground. Olivenhain Pioneer Elementary (OPE) is already closed to new enrollment and Mission Estancia seems close to the breaking point! Has Carlsbad become like Kevin Brown of the Padres and only decided to see the color of money, rather than the quality of life? The traffic along the Ranch0 Santa Fe Road corridor between Olivenhain Road and Encinitas Blvd. is already too congested and this new development will only add to the problem! Have all of you been out to this site and observed the area at various times during the day? I urge you all to act responsibly and at least visit this site before your vote this evening! Please table this project until all aspects are well covered and we can at least know where the children are to go to school! You were elected to fairly represent the citizens of Carlsbad and I trust you will listen with an open ear to our concerns and weigh them heavily against the gold of the developers! Sincerely, Suzanne Mitchell AGENDA ITEM ?F /o December 14,l998 c: Mayor Bud Lewis Carl&ad City Council Carlsbad, CA 92009 Mayor City Council my lt&in*er 3ity Attorney Dear Mayor Lewis: As a long-time resident ofNorth County and current resident of La Costa, I have always been very impressed with the city government of Carl&ad. Good oity planning with an eye to aesthetics has made Carlsbad one of the most desirable areas to live in the entire county. 1 am, however, very concerned that residential growth is expand& too quickly without proper infrastructure to accommodate the increased volume of cars and school-aged children. Specitkally, I am urging you to postpone approval of the Shelley project until regional issues concerning schools and trafk can be planned. Please conduct new trafIic studies; our roads are terribly over-crowded. In addition, please involve the Encink and San Dieguito School Districts in future plann& I am mystilkd why the planning department and planning commission does not have an ongoing dialogue with these school districts to address issues betixe they become crises. Please take the time to carefully review these issues. Our quality of life in Car&id must not be jeopdized. Think you .fbr your consideration Sincerely, Ann Herbert 3304 Calle San Blas Carlsbad, CA 92009 760-632-8834 Sd Wd8P:BO 866~ PT -=a P688fP66’19 : ‘ON 3NOHd SSlMOl 31tQlOdt103 S3OW : WO&i FROM : flOE% CORPORFlTE TOWERS PHONE NO. : 6199438894 Dec. 15 1998 12:BlPM Pl C: MityOF city CounciJ my Manager CiaY Attornev . . . ..I_ -___. ..- CONTI!WE FROM PREUIOUS PfiGE 001 &wwe?- FROM : KLM PHONE NO. : +619 942 2509 Dec. 15 1998 07:14FIM P01 :, '. ,. I '. :.: w : ’ : L. December 15, 1998 AGENDA ITEM # !D ., .’ Mayor Bud Lewis ,Carlsbad City Council c: Mayor City Council City Manager City Attorney City Clerk Gcw wflr'k*s---/ Re: Skelley Development Dear Council, When voting on the Skelley Development, please bear in mind some of the following: Traffic: You take your life in your hands now trying to enter or exit the Trails Development during school hours. Speeding care on Calle Acervo are dangerous1 !! There are no stop lights to slow any one down now. How will this be with an additional 500 minimum cars? How long will it take to exit onto Ranch0 Santa Fe Road. The back- up time now in the morning and afternoon now takes at lease 10 to I.5 minutes to just get past La Costa Canyon High School and/or Old Pioneer Elementary School. Getting through Olivenhain takes close to an eternity !! After closing La Posta Avenue to two way traffic has boxed in our area even more. There is no need for any additional traffic at this point if traffic flow patterns haven't been improved. Or, for any other reason. Some one will be killed or critically injured at OPE one of these days as it is that dangerous during school hours. Density: Bow many more people can you squeeze into this area without completely ruining the country atmosphere. After all., that is why we moved to this area. We all can't live in Ranch0 Santa Fe but this .is as close as many of us wil.1 get11 Please don't ruin this beautiful area just to chase a few more dol.lars for the city coffera. That is already being done at Palomar Airport Road and Melrose, Aviara, Calavera, and Call@ Barcelona. Wow many thousand new residences are included in those developments? How many cars does that add to the traffic? 1 would be very interested to see that published in the news paper. Also I would like to know which council members have voted on each new development since 1996. Also, would it be possible to publish the Carlsbad master plan in the news paper so every one in the city has a copy. got everyone knows about this plan. We all know, developers aren't saying much. Carlsbad is one of the last bastions l.eft in this area where you can see the beauty of the landscape. The cow pasture has been a source of peace and serenity to many of UB for many, many years. PJ.ease, Dleasen't destrov ai1 the beautiful landscane FROM : KLtl 1 PHONE NO. : t619 942 2509 Dec. 15 1998 07:lSFlN P02 left in Carlabad. Noise: The noise factor from the traffic is unbelievable! In the past thirteen years since I've lived in Carl.sbad, it has become $errible! Education: Carlsbad can be proud of it's new state of the art high school. Don't forget to advertise the fact that if your child fails any elassea, that's OK!, they wi3.1 pass you anyway, Qualify education is not what they are concerned with there. They just want to get the herd through because there arc lots more kids where they came from11 Quantity vs Quality - that's the name of the game at La Costa Canyon. Don't forget, all those zilLion elementary school kids grow up1 Where do you suppose they are going to get schooling from grade 7 through 12? The elementary schools are now at over capacity. These children are getting less than a Ugreatll education over on this hillside - and you want to increase the population? Just .remember - the budget couldn't afford a music program since around 1992 - La Costa Canyon doesn't have a band, orchestra, etc. What else can we cut out of these kids education? I would think one would want to improve and existing situation first before making it worse? .I understand you can't stop progress, however, you can stop long enough to think about whal: you are doing! Money is great - but, it's not everything. Once you destroy completely your surroundings, what do you have left? Please leave something for these children to appreciate while you feel you must pack them in here like sardines! One small corner of the world would be an enhancement to Carlsbad not a detriment. Mr. Skelley has held out this long for his property to increase. He is now cashing out. Don't help him ruin the neighborhood. Do we have to make a buck on everything? The developers did in Orange County. I know, I used to live there/ I also have heard rumors of an RV storage facility on the corner! Are you kidding? That is an eye sore! Also, do you find that a truly eafe idea to put across the street from an elementary school? If a person can afford to live here and own an RV too, let them rent a space somewhere else. Or better yet, let them live in Vista. That seems to be one of the worse planned cities around this area! Is that what you're going for. I vote against that. Someone must have lost their mind when the storage facility went in on Olivenhain road. What are you trying to do to this area? Give Mr. Skelley his money and make an amphitheater out of the cow pasture. A more beautiful setting you couldn't find on a pleasant evening at sun down. Pack in another 250 homes? Not a good idea! ! ! Build it and "they will oome. 11 Lord only knows, WE! have a FROM : KLM - . . I- PHONE NO. : +619 942 2589 Dec. 15 1998 87:17FIM PO1 .‘, :, lot of L"they'u around here - and lots, lots more to come. gust remember, rrtheyl' don't make land any more. Once you destroy the land, you can't make any more!!! (760) 942-2509 December 14,1998 7:36 AM From: Steve q Judy Burns Fax #: 7606321686 Page 1 of 2 (I - Judith A. Burns 3472 Sitio Baya Carlsbad, CA 92009 Fax 760-632- 1686 Phone 760-943-8524 AGENDA ITEM # \ 0 December 14, 1998 Carlsbad City Council 1200 Carlsbad Village Dr. Carlsbad, CA 92008 C: hkym iSf% Couacil iJ _ c, - :'I Manager '3:ty ~$h=ssey Dear Carlsbad City Council; I am writing with regard to the final approval you are about to make on a new home development near Ranch0 Santa Fe Rd. and Calle Acervo. I have lived in Leucadia all of my life. (39 years). My husband grew up in Olivenhain. Along with our four daughters, we now live in an area known as “La Costa”, near Stagecoach Park. This area used to be called Encinitas. We used to ride horses and mini bikes on trails that were once where the Village Park area is. I could ride my horse from North Leucadia to Southeast La Costa and not touch one piece of asphalt, or come in contact with any cars.’ When we were eight to ten years old I remember my friends and I riding our bikes down to the only little market in Leucadia for candy,(Jack’s). In Junior High, we walked and rode our bikes to the beach daily. In high school we would go “four wheeling” and hiking out by the old Stagecoach ruins. Back then they actually resembled a structure. I remember when Encinitas Blvd. got it’s first “stop light” at El Camino Real. Encinitas, Leucadia and Olivenhain were small, close knit, family, farming and 4H communities. We spent almost every December 14,1998 7:36 AM From: Steve 0 Judy Burns Fax #: 7606321686 Page 2 of 2 I -* . day at the beach. Every one knew each other. I remember my relatives from LA coming to visit us in the “boonies”, as they called it here. We played in “the fields”. I don’t even know where there is a field around here anymore. I still live in this community, although it has become so crowded, full of traffic lights and businesses, and has completely lost it’s “small beach community” charm. I could never allow my daughters to venture out walking or on their bikes past Ranch0 Santa Fe Road. Their schools are less than a mile away and they have to be dropped off and picked up. It is much too dangerous for them to walk or ride. It takes me at least 20 minutes just to get to I-5 from where we live, then another 45 minutes to an hour, (on a good day), to get to my office on Mira Mar Rd. If I wait until after 2:OOpm to head back to North County, It will take me more than one hour to get back to Manchester Rd. Last Wednesday, there was some road work on Ranch0 Santa Fe Rd. near Lone Jack Rd.. It took me more than 40 MINUTES to get to Calle Acervo from Encinitas Blvd. By now you are probably wondering why I don’t just move away from the area. My parents, family and close friends are here. I think we all just hang on hoping that someday the construction, cars and overcrowding will end. I want my children to have happy memories growing up here in a beautiful place. Not a place with cracker box homes on little lots and a bunch of asphalt and cement. Please, think again about what will happen if even more homes are built in this area. Do more traffic studies. Where will all the children go to school? Carlsbad has to stop growing now! Please do not approve these 250 new homes on the only “fields” we have left here. Sincerely, Judy Bums YGb--13- 98 TUE 08:Sl FlM DAVID DIEHL 619 9423503 p.01 DEC-14-1998 18:19 FROM 000000000000000000 TO 17607209461 P.O1 AGENDA ITEM # /o c: MiQW Ed Du&y 35 11 Carte Esptranza City Council G&bad, CA 92009 Ci@ Manager 7606320857 City Attorney ww [I December 14, 1998 Mayor Bud Lewis: It is my understanding thar the Carl&d City Council and your Office are considering approving a new house development of 250 homes in at Ranch0 Santa Fe Road and Calle kuxrvo, at the Council meeting on December 15. Based on the following fkcts I wish to state my strong opposition to any Mher housing development in the area until the educational, traffic and ecological issues can be resolved. 1, Olivenhain Pion~ school (across the street from the development) is aurently fU and isn’t accepting any more kids. 2. Mission Estancia school is also serving more kids than it was designed. 3. La Costa Vaky schools are not near completion, yet the homes arc. 4. Ranch0 Santa Fe Road is currently at it’s traffic capacity with no alternative route for the local residents q 1 It is curremly ‘unsafe’ for our children as demonstrated by the reoent accidents l It borders on flood zones which this new devdopment could aggravate. l The area ecology is already at risk, which ‘wetlands’ building will tisther jeopardize. What benefit will this community receive from these new homes without schools and roads to support rhe growrh? Build r.be schools, build and fix the roads (have the developer help) then build the homes. Please let me know you position on this matter at your earliest convenience. Feel fi-ee to call me at my business. 619 6790444. Sincerely, TOTAL P.01 prom: Lynette Walton+1 (760) 635-0774 To: Bud Lewis (760)720-9461 Page 2 of 2, Konday, December 14, 1998 7:46pm 12/14/98 Dear Mayor Lewis, Tonight 1 heard the unpleasant news that the Carlsbad City Council was on the verge of approving a high-density development along Ranch0 Santa Fe Road and Calle Acervo in the southern part of the city. I moved my family to this area last summer because it still has the country setting that has been destroyed in so many places in San Diego County. Many people told me that Carlsbad was different in its approach to development. Unfortunately, what 1 am seeing, is more of the same. The developers evidently have you in their backpockets and the residents who elect you and pay your salaries are once again on the losing end. I understand the plans for this development include 250 homes on about 104 acres. Let me go on record as being adamantly opposed to this project. The trafic in this area is aheady unbearable and dangerous at times, The schools have reached capacity. Plus, there’s already sufficient housing being built at La Costa Valley and Ranch0 Carillo to handle the massive influx of people in the North County. This development is simply not necessary at this time. Please re-consider and vote no on this project. Carlsbad has made a number of wonderfkl improvements in the past few years. It has handled its growth well. It’s up to you and the council to fight the temptation to allow our city to be over-run with people without the necessary tiastructure in place to handle the traffic and the needs of our children. Carlsbad can be different than Carmel Valley and Scripps Ranch. But, it will take courage on the part of the leadership in this town to make it happen. Thanks for your time. ,7 Sincerely, Mark @alton 3486 Paseo Ancho Carlsbad, CA 92009 (760) 6350774 AGENDA ITEM # do c: Mayor City Council City Manager City Attorney 12114198 21:23 FAX 760 632 0480 VARTA BATTERIES December 14,1998 Mayor Bud Lewis and Members of the Carlsbad City Council: I am writing this letter to u&e you NOT to approve the development of 250 adclition.al homes on Ranch0 Santa Fe Road at Calle Acervo. I have one child attending Mission Estancia School and another child at the Gifted Preschool on Encinitas Blvd. In the morning after dropping one off at MissionEstancia, I proceed down Ranch0 Santa Fe Road to Encinitas Blvd. This short drive, that is normally 5-7 minutes, can take up to 45 minutes at 8:00 AM. Both schools are crowded and the addition of more homes would put extra burden on already overtaxed schools and roads in the area I urge you NOT add additional people and trafEc to this situation. We in South G&bad DO NOT want to become another a Orange County. There are already more homes being built than the roads can handle. We the voters in South Carlsbad sometimes feel isolated and alienated &XII the rest of the city. Sometimes we wonder whether OUR interests are being looked after by the city council. The only way we can show our pleasure or displeasure with your decisions is to vote for or against the candidates based on their record and how it affects the people of South Carlsbad. Depending on how the council votes, this issue will effect us every day. I am not saying don’t ever let them build. We just don’t need additional homes now. Let the schools and roads catch up to the people before adding additional homes. Once again I strongly urge you to vote NO on an additional 250 homes. AGENDA ITEM #_ Carlsbad, CA 92009 760-634-3 159 C: Mayor city Council CiQ Manager City Attorney @lo1 AGENDA ITEM # /o c: Mayor City Council Civ Manager City Attorney FROM : FQX NO. : 760 634 1093 Dec. 15 1998 12:06PM Pl December 15, 1998 AGENDA ITEM # 1 o From: Douglas Gore 3438 Cone Sonrisa Carlsbad, California 92009 C: Mayor CiQ Council 1 II:/ Manager . 7’ lu.a.wney To: C&bad Mayor and City Council Dear Mayor and City Council: I want to go on record as opposing the Shelley project to subdivide 104 acres of property into 250 residential lots on property generally located east of Ranch0 Santa Fe Road and north of Calle Acewo, in Local Facilities Management Zone 11. I hope that you will look at the impact this project will have on our schools, traffic, proper&y values and quality of life. Olivenhain Pioneer and Mission Estancia are severely impacted tight now and they were a year ago before the La Costa Valley housing project was star&d. A new elementary school in the La Costa Valley development will not relieve the stress on these two schools. It is ridiculous when a student can not walk 2 blocks to school and has to be driven almost 2 miles to school. Or the fact that two playmates on the same street will have to attend two different schools because there isn’t enough room for both of them to go to the same school; this is not fair to the children! Also, our resale value drops dramatically when a student can not walk to a. school right around the comer from their house. ‘TrafTic is already a nightmare on Ranch0 Santa Fe Road between Olivenhain Road and Encinitas Blvd. at peak hours. What is going to be done to eliminate this congestion? I think that the regional planning issues should be worked auf with the City of Encinitas and Encinitas Unified School District before this development is approved. Also. I would like to see a proposed solution for school overcrowding by the Encinitas Unified School District before this project is approved. Let the developer take an active role in finding, developing and implementing solutions with both cities and school districts before this prod is armroved. Sinbxxlv. 12/15/1998 11: 48 6194527361 COMMERCIALFACILITIES i’ PAGE 82/02 . 4~. & MRS. JULIUS S. PAESKE, JR. 1’ 920 SPRINGWOOD LANE l OLIVENHAIN, CALIFORNIA 92024 I AGENDA ITEM #J 0 c: Mayor city council December 14,1998 (: I I /. 1. I City Council i I I City of Carlsbad I Via facsimile (760) 620-9461 , City Manager City Attorney RE: Proposed Development at Ranch0 Santa Fe Road and Calle Acervo, Carlsbad Dear Carlsbad City $ouncil: We have been reside: ts of the community of Olivenhain for the past 18 years. Over the years we have s i n many changes in our community and most of them have been for the better. We erstand and have learned to accept that with the changes to our community and the + : companying growth there will be increased traffic. However, the City of Carlsbad &rrd the City of Encinitas can no longer continue to approve new developments withoqt addressing the accompanying traffic congestion. Traffic along Ranoh 4 Santa Fe Road has become unbearable. On most mornings it can take up to 35 miqutes to get from our home in Morningside Ranch to the intersection of Encin@s Blvd. and Ranch0 Santa Fe Road. I urge the City of Carlsbad and the Cit of l&i&as not to approve w further residential development in our community i ‘1 traffic problems, that have been identified in past traffic studies, have not on1 been identified but solutions implemented to handle the increased tra.lXc. So e solutions are: I l The connection Leucadia Blvd. with Interstate 5 l i The widening of )1 ancho Santa Fe Road fi-om Oliveuhain Road to Camino de1 Norte i. l The widening an4 improvement of Manchester Ave. from Interstate 5 to El Camino Real ; We urge you to take hediate action to resolve these regional issues before you approve another devdopment that will obviously contribute to ultimate gridlock in ow COnlImlnity. j copy: Encinitas City ouncil December IS,1998 Dear City Council Member: I was just informed that you will be giving final approval on the 104 acres on Ranch0 Santa Fe Road across the street from my kid’s school, Olivenhain Pioneer Elementary. I emplore you to wait before you grant the approval. The elementaxy schools are already so overcrowded that my children’s classes are filled to capacity. In addition, Ranch0 Santa Fe Road is so crowded that the traffic barely moves. In the morning it can take up to ten minutes for me to make a left turn from Olive Crest on to Ranch0 Santa Fe Road. Then, I sit in bumper to bumper traffxc for twenty minutes just to drive 1 mile. Please do not give final approval until you do an updated traffic and school study. In the year and a half since we moved to Olivenhain from Los Angeles, the traffic and class overcrowding have worsened immeasurably. There is way too much building in the area without regard to proper city planning. Thank you for considering this matter. Sincerely, Marla Belbel (760) 634-2657 (760) 649-2657 Pager 0 AGENDA lTEhl #,L, C: Mayor city Council City ManwW FROM : EQRLYEXPLORFITIN PHONE NO. : 6199429533 Dec. 12 1998 89:56AM Pl Date /A- jr- 92 . Attention: fip /s,d& Fax number: (760) 942-9533, Telephone number in my office is the same: The main office number is:(760) 942-0500 AGENDA ITEM # 10 c: Mayor City Council City Mmtger city Attorney 12/15/1998 12: 28 7609421592 December 15,199a Mayor Bud Lewis Carlsbad Civ Council 1200 Carlsbad village Dr. Cadsbad Ca. 92008 LEN GIUFFRE 4 ACCDA ttEh’! # lo f.?7,.,,, c dJh!Cil c- Qanager t’.. I”.‘Zmaey PAGE 01/01 Dear Mayor, My husband and I will not be able to attend the mee&g regarding approval of the Shelly development due to a *or commitment. I wanted to voice our concerns of yet another housing prsiect being approved without considering the impact on the schools and the traffic. Oliveubain Pioneer is already closed to new enrollment and Mission Estaucia has 189 more students than it was buiit to serve. Traffic is horrible now and the last traffic study in 19% showed major problems. We are in the process of purchasing a house in Santa Fe Ttils and were exwmely disappointed to find out the extent of the development. We have lived in this area far the last 18 years and have seen and experienced all the chances. Not only will the development afE&the schools and traffic, it will destroy the wetlands and the only remaining open space in soti Carlsbad. Please consider postponing the development until a solution can be wow out for the overcrowding of the schools and &&ic problem. The cart is being put before the horse. Concerned CarlsbadResident 12115198 14:07 FAX 7607366250 @loo1 AGENDA I-I-EM # P December 1S’, 1998 c! Mayor City Council City Manager City Attorney TO: Bud Lewis, Mayor or CarIsbad 1 am very concerned about the 250 home development that is being considered on Ranch0 Santa Fe Road at CaUe Acme. T have a child who goes to Mission Estancia and we live right next to the school. I feel that any more congestion to this area would be very detrimental! Why the overcrowding? Let’s Jet our kids grow in a nice: uncrowded area. I am very upset that this is being considered, and it just shows you how big business -when it gets involved - overmles families. FILE No. 215 12~15 '98 11:32 1D:PREMIER PRACTICE MGMT SD 619 481 6801 PAGE 1 AGENDA ITEM # P December 15, 1998 Corls bad City Council Fax #: 7601720-9461 c: Mayor City Council City Manager City Attorney De~lx Councilmembers: 1 would like to register my concerns with your council in regards to the home developments in Encinitas, the overscrved schools and increased traffic problems in the Encinitas, Ranch0 Santa Fe Road, Olivenhain area. 1 understand that during tonight’s meeting, you will give final approval to lhe development of homes in the Olivenhain wetlands. I am very distressed that you would allow further development of this area which is already overcrowding our streets and creating traffic delays. And as importantly, where will “our cows” go‘? My two young boys love those cows and call them their own - even though I do not know to whom they belong - they belong to usl We travel Ranch0 Santa Fe Roa.d daily to and Tom school und work and every day, we look for our cows and call out to them our greetings. In California, we certainly don’t have enough open space and. the wetlands and cows give us that feeling ol’openness - and developers arc going to build more homes? Please do not allow this to happen. I understand that there are a lot of newcomers to San Diego, but our hills and canyons are pa.rt of the natural beauty of San Diego that draw people here and we would miss them terribly. I look at those hills and imagine what Encinitas must have looked liked before tbc existing homes; developers look at those hi.Ils and imagine bow many more homes can they fit in that space. La Costa Valley is another area that was so beautiful and is now being stripped of that beauty for the almighty dollar. Plewe Jo not UDI.WOVC th& dewiomnentf Pkw~e before vou UDDNJVC! anv more &elomwnt - fm the traffic problems firM Sincerely, Scott and Cynthia Smithers 3508 Sitio Baya Carls bad CA 92009 760/632-9575 From: SherrJ Hirron Fax: 760 94236TI Voice: 760 9423677 To: Bud Lewis at: Mayor, Carlsbad City Council Page 1 of 1 Tuesday, DaeembarlS, 1999 1:43:17 PM 12/15/98 AGENDA ITEM # /6 Bud Lewis, Mayor of Carlsbad Cartsbad City Council Office 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Gary Hertica c: Mayor Sherry1 Hixson City Council 7922 Avenida Diestro Carlsbad, CA 92009 city Manager 760 942-3677 City Attorney RE: Proposed Development of Ranch0 Santa Fe Rd. at Calle Acervo I do not want any further development approved until the school overcrowding issue is solved (note I do not say planned or proposed) and until Traffic Problems can be resolved. A current (1998-1999) Traffic Study will be required as traffic has changed dramatically since 5/96 and even since last year at this time. Olivenhain Pioneer is currently closed to new enrollment, even to those moving to their district. In 1994, Mission Estancia’s Principal Tim Reeves stated that Mission Estancia was designed to teach about 500 students. Currently we have about 728 students, We have classrooms in the first grade pod, originally designed to be a computer center. We have had classrooms in the media center. Our former Music room is currently a classroom. We have 8 Portable classrooms, monopolizing our playground area. I’ve seen Portables going in at La Costa Heights and Aviara Oaks probably has the most. Rumor has it that an elementary school will be built to accommodate the current new development, but that doesn’t help our children now. Moreover, it is extremely disruptive to the Educative Process to be moving children between schools, Especially when it’s unnecessary. If the school was built prior to the development being sold, we would not have this particular problem. This is something the City Council can address for all future development, Traffic is an entire issue in itself. Last Friday at 3:00PM, traffic was backed up on Ranch0 Santa Fe from the 78 to San Marcos Blvd. Last Tuesday at 3:00PM, traveling on Ranch0 Santa Fe from Calle Acervo to Encinitas Blvd. (normally an eight minute drive) took thirty five minutes. Traffic usually isn’t that bad until after 4:OOPM. Last Friday at 3:30, my girlfriend called me from the vicinity of Lindberg Field on the 5 going north. It took her two hours to get home to La Costa. My husband works in San Diego. Without traffic, it takes 30-40 minutes to get to his work. Lately, he has to leave by 6: 15AM or go in after 10:30AM, to avoid a 70 minute commute. Local traffic is not good either. La Costa Canyon High School gets out at 2: 15PM. Mission Estancia Elementary School gets out at 2:25PM. Without traffic, it takes 5minutes to get to the elementary school. With the High School traffic, it takes about 15 minutes to get to the elementary school. Camino de Los Caches is fairly impacted in both directions around 7:OOAM when the High School begins I don’t know if we can realistically accommodate the development that is already approved. I would like to see a moratorium on development until school overcrowding is solved and traffic issues are addressed. I would like the City of Carlsbad to resolve these regional planning issues and work with the City of Encinitas and the Encinitas Unified School District before any further development is approved. Sincerely, Sherryl Hixson cc: Car&bad City Council Members, North County Times FILE No.836 12A5 '98 13:41 1D:FERRO EMD SAN MARCOS FAX:760 591 0684 PFlGE 1 AGENDA ITEM #--> c: Mayor City COlUlCil city Manager city Attorney Dear Mayor Lewis and Council Members, Nick and Gail Sabo 2940 Sombrosa St. Carlsbad, CA92009 Ideally you would purchase this land for an open space preserve, but back to reality, you must do a new traffic study. TrafYic has become impossible in the morning on Ranch0 Santa Fe Road. This is not just an Encinitas problem; those of us in South Carlsbad are severely affected. We are forced to take El Camino to take our son to school at the comer of Encinitas Boulevard and Ranch0 Santa Fe (yes, we did resort to private school, mainly because of overcrowding). Please get this traffic problem resolved before approving more housing, La Costa Valley is going to be a bad enough impact. Sincerely, Nick and GaiI Sabo P.S. Thank you for taking care of the La Costa overpass before La Costa Valley. On Tuesday, December 15, the Carlsbad City Council plans to give final approval on a proposed 250 home development on 104 acres- currently a wetlands area with cows and birds-on Ranch0 Santa Fe Road at Calle Acervo, next to Olivenhain Pioneer Elementary School. SCHOOLS ARE OVERSERVED! Khildren from the project will I allegedly attend Olivenhain . Pioneer (currently closed to TRAFFIC IS TERRIBLE! It can take up to 45 minutes to drive the 2-mile stretch of Ranch0 Santa Fe Rd. between new enrollments) or Mission Estancia (serving 189 more students than it was built to serve). Will there be room at La Costa Valley Elementary after the 3,300 homes of Villages of La Costa will be built out? Cartsbad needs to work with the Encinitas Unified School District to propose a solution to more over- crowding. Olivenhain Rd. and Encinitas Blvd. at peak hours. Even the city’s outdated (March 1996) traffic study for the project identifies problem . intersections on the road. Encinitas and Carlsbad need to *propose a joint solution before moving forward. . . .--.- - -... .-_ -- _.- --- ..- ,. -.. -_*-- - --.__ _... -. AGbrdA U-EM # /o c: Mayor City Coun~it - /or/y--r& To 0 omayo r C;+y CQUqCi I, Tuesday, December 15,1998 02:15:07 AM Page 1 of 1 Dear City Council and Mayor Bud Lewis, We live next to La Costa Valley wh&$OO are being built and where the proposed La Costa Valley Elementary will be over crowded. Already, the lack of space in schools for our children is nearly criminal. Please do not vote your fmal approval on the proposed 250 home development on Ranch0 Santa Fe Road&klleAcervo. Someone must be held accountable to the uncontrolled growth of this neighborhood and PLAN AHEAD for schools and roads to service the people already living here. YOU WORK FOR USWE ELECT YOU...OR NOT. PLEASE BE RESPONSIBLE. Sincerely, Patti and Ralph Smiley 7972 Los Pinos Circle Carlsbad, CA 92009 AGENDA I-EM # 10 Mayor xy CounclI ,:Ij Mana@r .Ay Attorney From: Chan Carias Family To: Car&bad City Council Members Date: 12/15/98 Time: 2:5X00 PM - To: Carlsbad City Council Members Fax: (760) 720-9461 From: Lucia Carias-Chan and Dennis Chan Carlsbad Residents I recently left Los Angeles and moved to Carlsbad because it’s such a desirable community in which to live. Unfortunately, this community will become another Los Angeles soon and not so desirable because of the amount of development in the area. I urge you to PLEASE not approve the proposed 250 home development on Ranch0 Santa Fe and Calle Acervo. More homes in this area will not only take away from the beautiful scenery, it’ll add that much more traffic to an already congested area. PLEASE wait until the La Costa Valley development is finished to see how that affects our traffic, school congestion, and smog problems BEFORE approving any other development in this area. Once again, I urge you to PLEASE not approve this development plan until the dust settles from current development. Thank you very much. AGENDA ITEM # IO c: Mapti- C%y Cmmil :lWy Manager CHzJf ilmrney Page 1 of 1 12/15/98 TUE lo:21 FAX 760 633 1486 Postal Corner Ctihy Bochcnko 2258 9th St. Encinitas, CA (760)942-0998 Dec. 15,I 99X Mayor Bud Lewis City of Carisbad C&bad, CA AGENDA ITEM # I 0 c: Mayor City Council City Manager City Attorney Dear Mayor, Sunday’s North County Times reported on the development of the cow field at Rancho Sam Fe Road and Calle Acervo into 250 additianal homes. Please reconsider this decision. Every morning during rush hour Rancbo Sante Fe Road is in southbound gridlock. It is gridlock every evening going north. T have been a Olivenhain homeowner for fifteen years and my children go to Olivenhain Pioneer Elementary School. Our picturesque quiet commtity is being ruined by all this rapid deveiopmcnt. Simple drives around town are now nightmares that take convoluted efforts in order to avoid gridlock and barriers eret;ted on public streets. You probably think these are Encinitas City issues. They are, and I will take my concerns there. We need your help. At this time the vehicle access to these new homes is woefiJly inadequate and the school is closed to enrollment. We need strong leadership now to restore our communities. These issues are divisive and our neighborhoods arc pitted against each other. We share common conccms. Please help us. Boo1 CONTINUE FROM PREUIOUS PQGE 001 . ,_ _ - - _ - _ . ) w-.-w- A , - I Dear Carlsb+ City C-xii: We have beep residents of the community of Olivenhain for the past 18 years. Over the years we have seen many changes in our community and most of them have been for the better! We understand and have learned to accept that with the changes to our community a)id the accompanying growth there will be increased traffic. However, the City of C&bad and the City of Encinitas can no longer continue to approve new development+ without addressing the accompanying t&Xc congestion. Traffic along\:Rancho Santa Fe Road has become unbearable. On most mornings it can take up to 35 minutes to get from our home in Morningside Ranch to the intersection 4f Encinitas Blvd. and Ranch0 Santa Fe Road. I urge the City of Carlsbad anditie City of Encinitas not to approve m further residential development in our commkity until traffic problems, that have been identified in past trafk studies, have hot only been identified but solutions implemented to handle the increased tra@ic. Some solutions are: l The con&tion of I,eucadia Blvd. with Interstate S ‘a The widemng of Ranch0 Santa Fe Road from Olivenhain Road to Camino de1 Norte i l The widening and improvement of Manchester Ave. from Interstate S to El cm0 &al We urge you to take immediate action to resolve these regional issues before you approve another development that wiI1 obviously contribute to ultimate gridlock in our communily. copy: Encini& City Council TO: Cerlsbad City Council FROM: Robert and Susan Pen&a Mdh DATE: Tuesday, 12/l 5198 FE: Proposed development on Ranch0 Santa Fe Rd. at Calle Acervo We are very concerned about the proposed 250 home development on 104 acres on Rancho Santa Fe Rd. at Calle Acervo. There are several regional plannlng issues that need to be worked out with the City of Encinitas and the Encinitas Unified School District before the development la approved. 1. What school will children attend 7 Area elementary schools, Ollvenhain Pioneer and Mission Estancia, are both currently operating at capacity. lt needs to be determined if the proposed La Costa Valley Elementary will have room. Our children deserve this type of study before any developments are approved to ensure they oontinue to recaive a high quality education. 2. How will the additional traffic be handled 3 Currently, traffic on Ranch0 Santa Fe Rd. is terrible between Ollvenhain Rd. and Encinitas Blvd, at peak hours. An updated traffic study and regional traffic solutlon between the cities of Encinitas and Carlsbad need to be completed. As tex paying residents of Carl&ad, we do not want to see our neighborhood become the victim of senseless overdevelopment. Carlsbad is on the road to becoming another Orange County where traffic is horrendous and there is endless congestlon. This is not the way we want to live. AGENDA IJ-EM # m c: Mayor City Council City Manager City Attorney Tad WdZS:PB 866T ST -a ~T982%6T9 : ‘ON =lNnHri $ I ,-M?Nn? ON1 I2YUHLI lHmC rxI.1 - I.I~Y J 12115198 TUE 04:02 FAX 7607532388 robert or jamie +++ carlsbad clts co @JO01 Q c3 ---- 12/ 15198 4:02am TO: carlsbad city concil Company: Phone: Fax: 760-720-946 1 1 From: the felders Company: Phone: 760-753-7540 Fax: 760-753-2388 Comment5: We just heard about the proposal to put another 250 homes right smack in the middle of ‘the only remaining undeveloped land in the surrounding area . . . we have lived in the area for some 15years and of course have seen the changes of so AGENDA ITEM # / ’ C: Mayor City Council ’ City Manager called progress such as the home depot eyesore and the green valley developement . . . our fears of this area looking like 10s angeles have here to fore been tempered only by our being told of the farsightedness and world renown developement skills of the carlsbad city council . . . we even remember en expose” in the local City Attorney klw+Q- newspaper extolling the virutues of the carlsbad city council as one of only a few in the nation who have developed their city with caution and with an eye for beauty and preservation . . . and now we are aghast to hear that that very city council has caved in to ahowing even more houses to obliterate a virtual signature of the area . . . the cow pasture area. we cant Carlsbad City Council 1200 Carlsbad Village Drive Carl&ad, CA. 92008 K. GGlNNON AGENDA ITEM # P c: Mayor city council City Manager City Attorney 6195999S98 P. 01 December 14, 1998 Dear Mayor Lewis and Fellow Council Members; I am addressing this letter to voice my concern regarding the proposed development of 250 homes on the 104 acres bordered by Ranch0 Santa Fe road and Calle AC~YVO. 1 am sure you are well aware of the current state of affairs regarding the over crowding of our schools in this area. Not too mention the horrendous braffic nightmare we face every morning just trying to travel the stretch of Ranch0 Santa Fe road from Calle ACWO to Encinitas Blvd. Carlsbad needs to work with the Encinitas Utied School District to propose a solution to more overcrowding of our neighborhood schools. Encinitas and Carlsbad also need to propose a joint solution in regards to the traffic on RSF road. The City’s traffic study from March of ‘96 is outdated and oan no longer be considered an accurate resource. On behalf of myself and my family I implore you to address these regional planning issues BEFOBS approving this development. Sincerely, < QT++-f% Kamin Ganno 3404 camino Largo Carlsbad, CA. 92009 FROM : MxJ9WRY MFIRKETING CONCEPTS PHONE NO. : 6199428613 Dec. 15 1998 85:29PN PBl /4 ? AGENDA ITEM # P December 15, 1998 TO: Carlsbad City Council FROM: Karl & Judy Eppel 33 20 Avbnida Nieve Carlsbad,: CA 92009 c: Mayor ,s$cy Council oiiy nmwier city Attorney ci - Clerk z&l& l!Ll& I RE: Proposed d,evelopment of 104 acres on Ranch0 Santa Fe and Calle Acewo. We are very concerned about the proposed development of the wetlands off of Ranch0 Santa Fe and Calle Acervo. This area is very congested right now due to the various new developments in the ar8a. It takes me up to 20 minutes to drive From Calle Acervo to Encinitas Blvd. during the morning and the afternoon traffic and is getting more congested every day. Also the schools In this area are already at capacity. BEFORE developing these areas, it .is necessary that the proper road improvements be made. I understand thei developers eagerness to make money but all these new developments bre creating real problems for the community. The road and school problems need to be handled before they arise. Until recently, we have been very impressed with the city planners, however they need to take a look at khe Impact all this over development will have on the community before approving new projects. Dee-15-98 04:12P Intl Barter Corp SanDiego 760 944 7998 December 15,1998 City of Carl&d Clty Clerk’s Office Fax: 760.720-9461 1 1151 Wild Canary Lane Olivenhain, CA 920246848 760.944-7202 fax: 760.944-7998 AGENDA ITEM # AL- cd Mayor City Council City Manager City Attorney Ci Clerk - 8 L en/ kh#fp, I Please consider this a formal protest to the development of the property described above, which is scheduled to be reviewed tonight in the City Council Chambers. As a resident in the community, I am outraged that such a project would be considered. The traffic on Ranch0 Santa Fe Road is already abominable; what is proposed will only make the condition substantially worse. The roads are barely passable now; to consider a development of this nature will injure the neighborhood beyond repair. I urge the Council to categorically &T& any consideration to this development. Respectfully, -.., - \. : _.. ‘1 J m M44q fPlc+ ,G==-- I J P-01 Marguerite Montalbano TELEPtiONE CALLS OPPOSING StlELLEY DEVELOPMENT Received December 14-15,1998 All comments were directed toward lack of schools, traffic and need to leave pastures. Robert Felder 1143 Wild Canary Lane Olivenhain 753-7540 Barbara Puntis Chris Puntis 943-6997 “Stan” (did not leave address or last name) Susan Kobara 2938 Via lpanima Carts bad 942-2773 Amy & Ken McCord 2314 1 I”’ Street Olivenhain Glenn & Kate Kavary 855 Marisa Lane Olivenhain Lynn & David Fraschelli 951 Marisa Lane Oliven hain Gina Wasker Carlsbad 436-7720 Nancy Sarrow 1142 Larksong Lane Encinitas Richard VanEvery 7953 Represa Circle Catlsbad Robert Spero 970 Marisa Lane Encinitas 753-0082 Lester Bacon 3253 Avenida Anacapa Carlsbad 944-7 I 64 Joyce & John Pardiew 825 Marisa Lane Olivenhain Edith Miceli 902 Summer Holly Lane Encinitas Cheri Schroeder 2335 Marisa Olivenhain Bonnie Wien 3342 Camino Coronado Carls bad (Kids not going to Mission Estancia any longer due to overcrowding) Lori Worsch 436-l 096 PROOF OF PUBLIC,. a ION (2010 84 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Dzc. 4, 1998 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San Marcos Dated at California, this 4th day of Eke. 1998 ,..,~A& -----&--------- --- I* _------ Signature NORTH COUNTY TIMES Legal Advertising -. This space is ,r the County Clerk’s Filing Stamp Proof of Publication of Public Hearing -------------------------- -------------------------- :ii.. wtlfLLE"v I'! i ElR~,90-03/ilDP~ll/ PUD 9O-WSUP 90-04 - h NOTICE OF PUBLIC HEARING EIR 90-06/CT 90-03/HDP 90-ll/PUD 90-04/SUP 90-04 - SHELLEY PROJECT NOTICE IS HEREBY GIVEN to you because your interests may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, December 15, 1998, to consider a request for certification of an Environmental Impact Report and approval of Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Hillside Development Permit, Planned Unit Development, and Special Use Permit to subdivide 104 acres of property into 250 residential lots and 6 open space lots, on property generally located east of Ranch0 Santa Fe Road and north of Calle Acervo, in Local Facilities Management Zone 11, and more particularly described as: That portion of lots 13 and 14 of the subdivision of Ranch0 Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898; and An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Ranch0 Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. Copies of the staff report will be available on and after December 11, 1998. If you have any questions regarding this matter, please call Christer Westman, in the Planning Department, at (760) 438-1161, ext. 4448. If you challenge the Environmental Impact Report, Tentative Map Hillside Development Report, Planned Unit Development and/or Special Use Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. The time within which you may judicially challenge this tentative subdivision map, if approved, is established by state law and/or city ordinance, and is very short. APPLICANT: Daniel Shelley PUBLISH: December 4, 1998 CARLSBAD CITY COUNCIL SITE SHELLEY EIR 90=06/CT 90-03/HDP 90-I I/ PUD 90-04ISUP 90-04 (Form A) TO: CSTY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notlde EIR 90-06/CT 90-03/HDP 90-ll/PUD 90-04/SUP 90-04 - Shelley Tract Map for a public hearing before the Cfty Council. Please notice the item for the council aeetlng of First Available Hearing Thank you. Assistant City Man November 19, 1998 Date City of Carlsbad NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission 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 Wednesday, October 7, 1998, to consider a request for certification of an Environmental Impact Report and approval of the Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, Tract Map, Hillside Development Permit, Planned Unit Development, and Special Use Permit to subdivide property into 250 residential lots and 6 open space lots on 104 acres generally located east of Ranch0 Santa Fe Road and north of Calle Acervo in Local Facilities Management Zone 11 and more particularly described as: That portion of lots 13 and 14 of the subdivision of the Ranch0 Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the office of the County Recorder of San Diego County, June 27, 1898; and An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Ranch0 Las Encinitas, which lies east of the center line of the county road known as Road Survey No. 454-A. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after October 1, 1998. If you have any questions, please call Christer Westman in the Planning Department at (760) 438-l 161, extension 4448. If you challenge the Environmental Impact Report, Tract Map, Hillside Development Permit, Planned Unit Development, and Special Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: EIR 90-06/CT 90-03/HDP 90-I l/PUD 90-04/SUP 90-04 CASE NAME: SHELLEY TRACT MAP PUBLISH: SEPTEMBER 24, 1998 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 La Patmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-l 161 l FAX (760) 438-0894 @ CARLSBAD UNIF SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CALIF DEPT OF FISH & GAME STE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 - SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 LEUCADIA WATER DIST 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 / d REGIONAL WATER QUALITY ; STE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 DAN SHELLY PO BOX 230985 ENCINITAS CA 92023-0985 ENCINITAS UNION SCHOOL DIST 101 SO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA PO BOX 1988 VISTA CA 92085 I , SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 (ABOVE ADDRESS - For City Council Notices Only) CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING PUBLIC WORKS/COMMUNITY DEPT SERVICES CITY OF CARLSBAD MUNICIPAL WATER DISTRICT PROJECT PLANNER CHRISTER WESTMAN ********************************************** * Acxiom/DataQuick Systems Report * * * * San Diego * *******************+************************** Prepared for: Provided by: CHICAGO TITLE COMPANY 925 "B" STREET San Diego, CA 92112 Account Rep: Prepared by: ****************+********.*********************************~******************* * Labels - 3 up copiable : records 1 to 65 * * * * v-m Search Criteria --- * * Parcel Number 26414 * * * * * * * * * * * * * * * * * * * * * * * * * * * * t * * * 65 matching properties were found Thu Sep 24 15:07:25 1998 * ******~*****************************************************~******~***~****** ** This information is sourced from public documents and is not guaranteed ** The following report was processed using the above parameters and was provided by of CHICAGO TITLE COMPANY A noth hx been mailed to all pr ‘I( owners/occupants kjteti ;;t.. i::;n. wpd sdcclt) Date 9- 7~4 p JAMES B & GINA WATSON LESLIE A COLANGELI ERIC R & NANCY LOVELL 1181 AVENIDA ESTEBAN 1185 AVENIDA ESTEBAN 1191 AVENIDA ESTEBAN ENCINITAS CA 92024 ENCINITAS CA 92024 ENCINITAS CA 92024 DENNIS & DIANE MALEY JOHN E & SUZANNE WELCH KEVIN T KAKADELAS 1186 AVENIDA ESTEBAN 1182 AVENIDA ESTEBAN 1176 AVENIDA ESTEBAN ENCINITAS CA 92024 ENCINITAS CA 92024 ENCINITAS CA 92024 RANCH0 SANTA FE VISTA H CARLOS A GARROCQ 9404 GENESEE AVE 140 2070 AVENIDA LA POSTA LA JOLLA CA 92037 ENCINITAS CA 92024 JIM W & LILY WANG 1011 SANTA FLORENCIA SOLANA BEACH CA 92075 MARTIN F STEELHAMMER 1125 AVENIDA ESTEBAN ENCINITAS CA 92024 ROSITA M COBLE 1141 AVENIDA ESTEBAN ENCINITAS CA 92024 ALFRED H GUERIN 1155 AVENIDA ESTEBAN ENCINITAS CA 92024 ROBERT J & TERESA ROSS 1171 AVENIDA ESTEBAN ENCINITAS CA 92024 BRAD D SMITH 1162 AVENIDA ESTEBAN ENCINITAS CA 92024 DONALD H LAWLEY 2040 AVENIDA LA POSTA ENCINITAS CA 92024 J D & VALERIE BROWNE 1131 AVENIDA ESTEBAN ENCINITAS CA 92024 MARVIN P & SALLY NELSON 1145 AVENIDA ESTEBAN ENCINITAS CA 92024 RICHARD S.STRUTHERS 1161 AVENIDA ESTEBAN ENCINITAS CA 92024 ROBERTA REA 1172 AVENIDA ESTEBAN ENCINITAS CA 92024 JULIE A HUSTON 1980 AVENIDA JOAQUIN ENCINITAS CA 92024 MARTHA W LIVINGSTON 2060 AVENIDA LA POSTA ENCINITAS CA 92024 ANTHONY G DURAN 1121 AVENIDA ESTEBAN ENCINITAS CA 92024 DENNIS L & SUSAN COFFIN 1135 AVENIDA ESTEBAN ENCINITAS CA 92024 E R & ROXIE JENKINS 1151 AVENIDA ESTEBAN ENCINITAS CA 92024 NANCY M ULRICH 1165 AVENIDA ESTEBAN ENCINITAS CA 92024 JEFFERY L & ANITA POPPE 1166 AVENIDA ESTEBAN ENCINITAS CA 92024 DANIEL A LUCKHARDT 1960 AVENIDA JOAQUIN ENCINITAS CA 92024 - KRISTY H COLOMBINO LESTER M CHAPMAN 1950 AVENIDA JOAQUIN 1940 AVENIDA JOAQUIN ENCINITAS CA 92024 ENCINITAS CA 92024 JERRY & DENISE MEEK 1930 AVENIDA JOAQUIN ENCINITAS CA 92024 ANN L ALEXANDER HAMID NAMINI THEODORE T & LAURA PENA 1920 AVENIDA JOAQUIN 1941 AVENIDA JOAQUIN 1951 AVENIDA JOAQUIN ENCINITAS CA 92024 ENCINITAS CA 92024 ENCINITAS CA 92024 ANN COWAN JOHN S SIMONCIC NIXON 1961 AVENIDA JOAQUIN 1971 AVENIDA JOAQUIN 1981 AVENIDA JOAQUIN ENCINITAS CA 92024 ENCINITAS CA 92024 ENCINITAS CA 92024 RANDY W & CHUNG WEBER CHARLENE LARSEN CHAR-YEN & SERENA LEE 1991 AVENIDA JOAQUIN 1114 AVENIDA ESTEBAN 14835 CAMINITO LORREN ENCINITAS CA 92024 ENCINITAS CA 92024 DEL MAR CA 92014 RODRIGUEZ JOHN & RACHEL RICHARD E & CAROLE DIAS NORMAN J & LINDA NYBERG 2020 AVENIDA LA POSTA 2010 AVENIDA LA POSTA 1990 AVENIDA LA POSTA ENCINITAS CA 92024 ENCINITAS CA 92024 ENCINITAS CA 92024 JOHN S BARNICK KARINE V ALLIER DONALD A DESHIELDS 1980 AVENIDA LA POSTA 2929 VIA PEPITA 2927 VIA PEPITA ENCINITAS CA 92024 CARLSBAD CA 92009 CARLSBAD CA 92009 STEVEN M NAGORZANSKI HARRIET L STUPP GLEN DAIGLE 3510 BEECH RUN LN 7939 CALLE SAN FELIPE 7953 CALLE POSADA MECHANICSBURG PA 17055 CARLSBAD CA 92009 CARLSBAD CA 92009 DAN W & DEBORAH MILLER COLINAS DE OR0 COMMUNIT ROBERT GOODALL 7955 CALLE POSADA 23161 MILL CREEK DR 200 7932 CALLE SAN FELIPE CARLSBAD CA 92009 LAGUNA HILLS CA 92653 CARLSBAD CA 92009 JAMES G FREEMAN 7937 CALLE POSADA CARLSBAD CA 92009 RAYMOND N VRTIS 7934 CALLE POSADA CARLSBAD CA 92009 BAKER 7936 CALLE POSADA ‘CARLSBAD CA 92009 MICHAEL D MILLIGAN 7938 CALLE POSADA CARLSBAD CA 92009 MICHAEL D RAPHAEL 7940 CALLE POSADA CARLSBAD CA 92009 KURT A SIMONSON 7942 CALLE POSADA CARLSBAD CA 92009 JAMES-BURR JOHNSON 7944 CALLE POSADA CARLSBAD CA 92009 - ROBERT J & DIANA ROY MICHAEL L DIERDORFF 42245 VIA DE LOS FIDEOS 7948 CALLE POSADA TEMECULA CA 92590 CARLSBAD CA 92009 RICHARD EISENBEISZ MURRAY S JUDY 7950 CALLE POSADA 7952 CALLE POSADA CARLSBAD CA 92009 CARLSBAD CA 92009 JOSEPH B JIMENEZ 7954 CALLE POSADA CARLSBAD CA 92009 ROBERT & LINDA LONG 7956 CALLE POSADA CARLSBAD CA 92009 S A & DIANE SCHNOEBELEN DANIEL J WILSON 7958 CALLE POSADA 7960 CALLE POSADA CARLSBAD CA 92009 CARLSBAD CA 92009 WILLIAM C MOORE KAMBIZ & LAURA KOHANI RUTH A REESE 3287 CAMINO CORONADO 3285 CAMINO CORONADO 1116 RACHEL CIR CARLSBAD CA 92009 CARLSBAD CA 92009 ESCONDIDO CA 92026 PETER B EVANS GORDON DAVISON THOMAS E EC JUDY JOHNSON 3277 CAMINO CORONADO 3273 CAMINO CORONADO 3269 CAMINO CORONADO CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 DAVID & MINDY WILLIAMS RAYMOND A BIERNACKI RAY G & EDITH NEWMAN 3267 CAMINO CORONADO 3265 CAMINO CORONADO 3263 CAMINO CORONADO CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 GARY L ELLENOR 3261 CAMINO CORONADO CARLSBAD CA 92009 MYRA P STEINHARDT 3259 CAMINO CORONADO CARLSBAD CA 92009 BETTY L KONELL 7952 CALLE COZUMEL CARLSBAD CA 92009 IRIS L THAISZ CHARLES H MILLER KEVIN B MCGOURTY 3262 CAMINO CORONADO 627 RANCH0 SANTA FE RD 3266 CAMINO CORONADO CARLSBAD CA 92009 ENCINITAS CA 92024 CARLSBAD CA 92009 LONG MARION & DELPHINE JUANITA C MCCOLLOCH ELDON J HARGRAVES 3270 CAMINO CORONADO 3274 CAMINO CORONADO 7948 CALLE MADRID CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 THEODORE A KUBASAK 2805 ATADERO CT CARLSBAD CA 92009 ROBERT G LENNICK SHARON A POWELL 2658 DEL MAR HEIGHTS RD 7954 CALLE MADRID DEL MAR CA 92014 CARLSBAD CA 92009 L - MI.LAN L & LIDIA PLUHAR JOAN E PARKER 118 WESTOVER PKY 7960 CALLE MADRID NORWOOD MA 02062 CARLSBAD CA 92009 MARVIN S KLEIN CONRAD & ELIZABETH SUN 4382 OAK GLEN ST 1058 QUAIL GARDENS CT CALABASAS CA 91302 ENCINITAS CA 92024 DANIEL J PURA COLE RAGLAND 7967 CALLE POSADA 7965 CALLE POSADA CARLSBAD CA 92009 CARLSBAD CA 92009 WILLIAM T & MCDERM LEE ROBERT M KUHNS 7961 CALLE POSADA 7959 CALLE POSADA CARLSBAD CA 92009 CARLSBAD CA 92009 JOHN C HAMILTON 3220 CALLE VALLARTA CARLSBAD CA 92009 JOHN B LANG 110 AIRMAN CIR 99999 OFFUTT AFB NE 68113 PATRICK T KENNEY 3232 CALLE VALLARTA CARLSBAD CA 92009 ETHEL P WINSLOW 3237 CALLE VALLARTA CARLSBAD CA 92009 -'JESTER C & JAMIE BACON 7962 CALLE MADRID CARLSBAD CA 92009 RICHARD NESBITT 7969 CALLE POSADA CARLSBAD CA 92009 NANCY C HOFFMAN 7963 CALLE POSADA CARLSBAD CA 92009 RAPPOLT 3218 CALLE VALLARTA CARLSBAD CA 92009 MICHAEL T & SUSAN TRULL FRANK C HUMPHRIES 3222 CALLE VALLARTA 3224 CALLE VALLARTA CARLSBAD CA 92009 CARLSBAD CA 92009 MERLE R TUCKER GAUDIOSO 3228 CALLE VALLARTA 3230 CALLE VALLARTA CARLSBAD CA 92009 CARLSBAD CA 92009 CHARLOTTE L WHEELER WILLIAM M MATSON 1183 WALES PL 3236 CALLE VALLARTA CARDIFF BY THE SE 92007 CARLSBAD CA 92009 KURT & HARRIETT DAVEY JAMES J STEWART 3235 CALLE VALLARTA 3233 CALLE VALLARTA CARLSBAD CA 92009 CARLSBAD CA 92009 ARTHUR P ARQUILLA 3231 CALLE VALLARTA CARLSBAD CA 92009 JOHN P COLE 3229 CALLE VALLARTA CARLSBAD CA 92009 ARTHUR E TATOSKY 7711 CALINA WAY CARLSBAD CA 92009 WILLIAM D FLORES DAVID E & AMY CARROLL KENNETH D & MARTHA HILL 3225 CALLE VALLARTA 3223 CALLE VALLARTA 3221 CALLE VALLARTA CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 ADAM P & TOME ZIPP 27292 LOST COLT DR LAGUNA HILLS CA 92653 WILLIAM J KING 3213 CALLE VALLARTA CARLSBAD CA 92009 CHRISTOPHER M CIEPLEY 3207 CALLE VALLARTA CARLSBAD CA 92009 JOEL B & MAUREEN LANOIS 7973 CALLE MADRID CARLSBAD CA 92009 ROBERT T & LAURA POPE 7967 CALLE MADRID CARLSBAD CA 92009 CURTIS L & ANNE KIMBEL 7961 CALLE MADRID CARLSBAD CA 92009 STUART L HENDRIX 7955 CALLE MADRID CARLSBAD CA 92009 ANGELO J SICCARDI 294 FLORA WAY GOLDEN CO 80401 ROBERT A MCBRIDE 3290 AVENIDA ANACAPA CARLSBAD CA 92009 TIMOTHY J DELUCA 21 SAN ANGELO RANCH0 SANTA MARG 92688 THEODORE M ELLIOTT 3217 CALLE VALLARTA CARLSBAD CA 92009 ROBERT P GLATHE 3211 CALLE VALLARTA CARLSBAD CA 92009 MICHAEL J INEMAN 3205 CALLE VALLARTA CARLSBAD CA 92009 MAUREEN E PARIS PO BOX 675827 RANCH0 SANTA FE C 92067 MARK RIESENBERG 2929 AVENIDA VALERA CARLSBAD CA 92009 SLADER G & BAUER BUCK 7959 CALLE MADRID CARLSBAD CA 92009 TYRA 7953 CALLE MADRID CARLSBAD CA 92009 RICHARD S MILLER 12776 LONESOME OAK WAY VALLEY CENTER CA 92082 G M & JULIE STILL 3276 AVENIDA ANACAPA CARLSBAD CA 92009 ROBERT E & GRACE LISLE 3215 CALLE VALLARTA CARLSBAD CA 92009 RITA M SILVER 3209 CALLE VALLARTA CARLSBAD CA 92009 ODONNELL 3203 CALLE VALLARTA CARLSBAD CA 92009 SHELTON 9584 FERMI AVE SAN DIEGO CA 92123 DANIEL E BURCIAGA 7963 CALLE MADRID CARLSBAD CA 92008 ANDREE & KATHRYN GILLE 7957 CALLE MADRID CARLSBAD CA 92009 CHRISTOPHER M GLOAD 7951 CALLE MADRID CARLSBAD CA 92009 RUSSELL JULIA 3294 AVENIDA ANACAPA CARLSBAD CA 92009 DONALD R GARCZEWSKI 3284 AVENIDA ANACAPA CARLSBAD CA 92009 BRONSON C JACOWAY 3274 AVENIDA ANACAPA CARLSBAD CA 92009 DAVID M & MARY BACKER - ROBERT T SCHROPP *~ THOMAS J & DEBRA SAUER 3272 AVENIDA ANACAPA 3270 AVENIDA ANACAPA 3268 AVENIDA ANACAPA CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 WILLARD P ARENTZEN ROBERT J HAWKINS ROFF PO BOX 2233 3260 CORTE MAZATLAN 3258 CORTE MAZATLAN RANCH0 SANTA FE C 92067 CARLSBAD CA 92009 CARLSBAD CA 92009 MICHAEL & SHERRY HURLEY THOMAS A &c SHERYL LLOYD NANCY FRASER 3256 CORTE MAZATLAN 3254 CORTE MAZATLAN 3252 CORTE MAZATLAN CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 PETER D & HELEN NIEMI STEPHEN & LORI WHALEN ANTHONY R DEPAOLA 3250 CORTE MAZATLAN 7960 CALLE COZUMEL 7958 CALLE COZUMEL CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 JOSEPH & REGIMOL THOMAS 7956 CALLE COZUMEL CARLSBAD CA 92009 EUGENE R OVERHOLT 7955 CALLE COZUMEL CARLSBAD CA 92009 ELLEN GILLIS 3248 AVENIDA ANACAPA CARLSBAD CA 92009 EDWARD V & DALE RYAN 3242 AVENIDA ANACAPA CARLSBAD CA 92009 JAMES T & GALE MOE 3243 AVENIDA ANACAPA CARLSBAD CA 92009 PETER C & ALICE KWONG 3249 AVENIDA ANACAPA CARLSBAD CA 92009 LARRY H & ALICE BAKER 614 NAVIGATOR CT CARLSBAD CA 92009 JAMES & FORMAN HISSONG 7957 CALLE COZUMEL CARLSBAD CA 92009 WILLIAM L ALDRICH 3246 AVENIDA ANACAPA CARLSBAD CA 92009 LORELEI MOLIN 7953 CALLE COZUMEL CARLSBAD CA 92009 FREDERICK J CAFARELLI 7959 CALLE COZUMEL CARLSBAD CA 92009 MIRIAM JUDD 3244 AVENIDA ANACAPA CARLSBAD CA 92009 LARRY L & JUNE HARTER WILLIAM E & ANN HUNT 3240 AVENIDA ANACAPA 3241 AVENIDA ANACAPA CARLSBAD CA 92009 CARLSBAD CA 92009 GREGG M & KAREN LANDERS SCOTT R WOODWARD 3245 AVENIDA ANACAPA 3247 AVENIDA ANACAPA CARLSBAD CA 92009 CARLSBAD CA 92009 ROMEL S BHULLAR LESTER C & JAMIE BACON 1780 BLACKBIRD CIR 3253 AVENIDA ANACAPA CARLSBAD CA 92009 CARLSBAD CA 92009 LINDA C SCOTT 3255 AVENIDA ANACAPA CARLSBAD CA 92009 MARJORY A SNEAD 3261 AVENIDA ANACAPA CARLSBAD CA 92009 MARGUERITE M KMIEC 3267 AVENIDA ANACAPA CARLSBAD CA 92009 KAPNAS 3273 AVENIDA ANACAPA CARLSBAD CA 92009 CHRISTOPHER J KEMPSTON 3281 CORTE VERA CRUZ CARLSBAD CA 92009 RICARDO W MENDOZA 3287 CORTE VERA CRUZ CARLSBAD CA 92009 GARY A & ANN HERBERT 3304 CALLE SAN BLAS CARLSBAD CA 92009 NMLM 1982 STONECREST CT VISTA CA 92083 MEROLA 920 OLIVE CREST DR ENCINITAS CA 92024 ROBERT P ARSENAULT 3269 AVENIDA ANACAPA CARLSBAD CA 92009 RICHARD R & JANELL RICE 3275 AVENIDA ANACAPA CARLSBAD CA 92009 DANIEL L PASTEL 3283 CORTE VERA CRUZ CARLSBAD CA 92009 BEASLEY 3289 CORTE VERA CRUZ CARLSBAD CA 92009 MICHAEL D QUARANTA 3301 CALLE SAN BLAS CARLSBAD CA 92009 *** 200 Printed **+ 1 PERRECONE 3259 AVENIDA ANACAPA CARLSBAD CA 92009 WEBSTER 3265 AVENIDA ANACAPA CARLSBAD CA 92009 CMJW 3271 AVENIDA ANACAPA CARLSBAD CA 92009 MARSHA L LUKAVSKY 3279 AVENIDA ANACAPA CARLSBAD CA 92009 ROBERT E ROBERTS 3285 CORTE VERA CRUZ CARLSBAD CA 92009 AT C LA CRESTA 3152 RED HILL AVE 100 COSTA MESA CA 92626 CENTEX REAL ESTATE CORP 5962 LA PLACE CT 250 CARLSBAD CA 92008 - GARRY G & MARY CARLSON 1115 RANCH0 SANTA FE RD ENCINITAS CA 92024 VIRENDRA M SOOD 944 SPRINGWOOD LN ENCINITAS CA 92024 DALE 0 & LISA SHARP 948 SPRINGWOOD LN ENCINITAS CA 92024 MARTIN P & CAROL ELWOOD 955 SPRINGWOOD LN ENCINITAS CA 92024 TIMOTHY TRUXAW 949 SPRINGWOOD LN ENCINITAS CA 92024 ,ESTdCORP CENTEX REAL ~“,S~o’,‘” RAYMOND N NOSSE 3442 CORTE SONRISA CARLSBAD CA 92009 DOUGLAS C GORE 3438 CORTE SONRISA CARLSBAD CA 92009 ALAN V & JULIE EDMUNDS 3434 CORTE SONRISA CARLSBAD CA 92009 JOHN M TAYLOR 3430 CORTE SONRISA CARLSBAD CA 92009 SUZY P FISCH 3426 CORTE SONRISA CARLSBAD CA 92009 MARGOT B KOPLEY PO BOX 230336 ENCINITAS CA 92023 R B & JOANNE FRAZER 3414 CORTE SONRISA CARLSBAD CA 92009 J N & DENISE HALL 3429 CORTE SONRISA CARLSBAD CA 92009 ] MARTY D HARRIMAN 3431 CORTE SONRISA CARLSBAD CA 92009 GREG A HARABEDIAN 9562 LA PLACE CT 250 CARLSBAD CA 92008 ROBERT D & EDWARDS GOOD 3424 CORTE CLARITA CARLSBAD CA 92009 MARK N & THERESA SADOFF 8153 PASEO TAXCO CARLSBAD CA 92009 JAMES A TRUSTY 3437 CAMINO ALEGRE CARLSBAD CA 92009 STEPHEN J BROWNELL 3435 CAMINO ALEGRE CARLSBAD CA 92009 DAVID E HICKS 3433 CAMINO ALEGRE CARLSBAD CA 92009 JEFFREY S MORTENSON 3425 CAMINO ALEGRE CARLSBAD CA 92009 ALOK K & SHUBHRA GUPTA 3421 CAMINO ALEGRE CARLSBAD CA 92009 RUSSELL E & KIM FINDLAY 3417 CAMINO ALEGRE CARLSBAD CA 92009 DON A & KATHLEEN MADREN 3413 CAMINO ALEGRE CARLSBAD CA 92009 MARK C MIDDLEBROOK 3411 CAMINO ALEGRE CARLSBAD CA 92009 MICHAEL P GUERENA 3406 CAMINO ALEGRE CARLSBAD CA 92009 PATRICIA Y MURRAY 3410 CAMINO ALEGRE CARLSBAD CA 92009 DAVID L BLACKLEDGE 3412 CAMINO ALEGRE CARLSBAD CA 92009 GREG A HARABEDIAN 3428 CAMINO ALEGRE CARLSBAD CA 92009 KEVIN R KELLY 8123 PASEO TAXCO CARLSBAD CA 92009 STANLEY R HOPPER 3446 PASEO ANCHO CARLSBAD CA 92009 STEPHEN P DODD 3437 PASEO ANCHO CARLSBAD CA 92009 WILLIAM J BETTIS 3423 PASEO ANCHO CARLSBAD CA 92009 ROM0 3414 PASEO ANCHO CARLSBAD CA 92009 JEFFREY S PARKS 3426 PASEO ANCHO CARLSBAD CA 92009 BRUCE H & ANDREA MORGAN 3438 PASEO ANCHO CARLSBAD CA 92009 HECTOR A GANNON 3404 CAMINO LARGO CARLSBAD CA 92009 - - MARK A UNDERSETH KATHRYN M JEFFERY 3420 CAMINO ALEGRE 3424 CAMINO ALEGRE CARLSBAD CA 92009 CARLSBAD CA 92009 STEVEN D & SUSAN HUNT STEVEN M MURRAY 8135 PASEO TAXCO 8129 PASEO TAXCO CARLSBAD CA 92009 CARLSBAD CA 92009 JOHN G & MOLLY DEMAIO 8119 PASEO TAXCO CARLSBAD CA 92009 STEVEN H & M CLAIR 8115 PASEO TAXCO CARLSBAD CA 92009 DAVID EC MEGAN JAFFE 3442 PASEO ANCHO CARLSBAD CA 92009 JOSE G & BLANCA PEREZ 3435 PASEO ANCHO CARLSBAD CA 92009 SCOTT D WERBELOW 3417 PASEO ANCHO CARLSBAD CA 92009 WILFRED C & ANNE FILES 3418 PASEO ANCHO CARLSBAD CA 92009 DEBRA S HAGGERTY 3430 PASEO ANCHO CARLSBAD CA 92009 BRADLEY A ROGERS 3441 PASEO ANCHO CARLSBAD CA 92009 FRED C FLOYD 3408 CAMINO LARGO CARLSBAD CA 92009 KEVIN D KILGORE 3429 PASEO ANCHO CARLSBAD CA 92009 DAVID B & SUSAN SKINNER 3410 PASEO ANCHO CARLSBAD CA 92009 MICHAEL D ADAMS 3422 PASEO ANCHO CARLSBAD CA 92009 AARON S BENNETT 3434 PASEO ANCHO CARLSBAD CA 92009 JENNIFER FLECHSENHAAR 3400 CAMINO LARGO CARLSBAD CA 92009 KATHERINE L MUSSELMAN 3412 CAMINO LARGO CARLSBAD CA 92009 . - ALEXANDER KSCh% ROBERT E ANDE-RSON 960 ~CH6SANTA FE RD PO BOX.-23-tl726 F-Tm CA g2024 .- ,/mNITAS CA 92023 i - .. M?iJID KHARRATI 1402 OKIBIA RD .&DEL MAR CA 92014 ,; HARVEYG ZIMMERMAN 1093 RANCH0 SANTA FE RD ENCINITAS CA 92024 ROGER A STENNECKE 2014 14TH ST ENCINITAS CA 92024 WAYNE 0 & DIXIE NAYLOR 1156 WILD CANARY LN ENCINITAS CA 92024 CH?UUG 12491 N 71ST DR PEORIA AZ 85381 ROBERT R & RODIN FELDER 1143 WILD CANARY LN ENCINITAS CA 92024 ROBERT D VANEPPS 1138 LARK SONG LN ENCINITAS CA 92024 CHARLES R OLSON 1146 LARK SONG LN ENCINITAS CA 92024 COLTON CRAIG 1147 LARK SONG LN GARRY G & MARY CARLSON 1115 RANCH0 SANTA FE RD ENCINITAS CA 92024 PRISCILLA J WILLIAMS 1085 RANCH0 SANTA FE RD ENCINITAS CA 92024 PHILIP H RIGANO 2018 14TH ST ENCINITAS CA 92024 DAVID S BANKS 1150 WILD CANARY LN ENCINITAS CA 92024 ROGER E BEHRENDT 1159 WILD CANARY LN ENCINITAS CA 92024 JAMES J &LYNN SCHMID 1109 WILD CANARY LN ENCINITAS CA 92024 ROBERT A MOWRY 964 RANCH0 SANTA FE RD ,&WCINITAS CA 92024 E K & PAULA SCHULTZ 1089 RANCH0 SANTA FE RD ENCINITAS CA 92024 LOUIS & PAULA HABERKERN 2010 14TH ST 2010A ENCINITAS CA 92024 JOANNE K MEYERHOFF 2004 14TH ST ENCINITAS CA 92024 PHILIP L COLEMAN 1134 WILD CANARY LN ENCINITAS CA 92024 MARGUERITE MONTALBANO 1151 WILD CANARY LN ENCINITAS CA 92024 I- .- -N' RICHARD C PORRITT 1142 LARK SONG LN ENCINITAS CA 92024 JAMBS S lit LIN-BUCK BUCK WILLIAM F & RAND1 HATCH 1122 LARK SONG LN 1108 LARK SONG LN ENCINITAS CA 92024 ENCINITAS CA 92024 CARLTON L POST REVA 770 RANCH0 SANTA FE RD 770 RANCH0 SANTA FE RD ENCINITAS CA 92024 ENCINITAS CA 92024 DENNIS M BLACK . 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PHILIP J GIACIl'h 2132 14TN-ST ENCINITAS CA 92024 MIYAKO HAMASAKI 2203 14'PK;IST ENCINITAS CA 92024 ROBERT E & MARY NORTMAN 1040 C ST ENCINITAS CA 92024 .- - .* JOHNIE MM&f&E 2218 13TH ST ENCINITAS CA 92024 MICHAEL iii-- JEANNE KEW 2154 13TH ST ENCINITAS CA 92024 GEOFFREY M MZLLER 2150 13TH ST ENCINITAS CA 92024 DAVID J & REGINA SMITH 2125 14TEi ST ENCINITAS CA 92024 _.-I i KENNEDY ,D?&OPMENT CA 7720 EL CAMINO-REAL 26 CARLSBAD CA 92009 / - FRANK J CREEDE 1058 CALIFORNIA ST ENCINITAS CA 92024 MARKSCRAFTS 1054 CALIFORNIA ST ENCINITAS CA 92024 DENNIS J HAUSWIRTH 7720RL CAMINO REAL 2L CARLSBAD CA 92009 RICHARD A C.JOAN RUPP 2208 14TH ST ENCINITAS CA 92024 . - RICHARD W CLEARY 6439 CAYENNE LN CARLSBAD CA 92009 . ' WARRENB &NANCYDIVEN 1032 C ST ENCINITAS CA 92024 ROBERT 0 WESTON 2160 13TH ST ENCINITAS CA 92024 DANIEL P & THORPE BOYLE 2148 13TH ST ENCINITAS CA 92024 ADRIANUS J KALMIJN 1064 CALIFORNIA ST ENCINITAS CA 92024 THEODORE S WILLIAMS 1056 CALIFORNIA ST ENCINITAS CA 92024 - JAMES H WHEEL+=-+ 15 WEST PAL0MAR I CHULAV~STA CA 91911 “.* r ,I,* a----” +- KENNEDY DEVELUFMiNT OF 7720 EL CAMINO REAL 2L CARLSBAD CA 92009 December 22,1998 Dan Shelley PO Box 230985 Encinitas, CA 92023-0985 RE: TENTATIVE MAP - CT 90-03/EIR 90-06/HDP 90-I l/PUD 90-04/SUP 90-4 Enclosed for your records are copies of Agenda Bill No. 14, 985 and Resolution No. 98417. These documents went before the Carkbad City Council on December 15, 1998, when the Resolution was adopted. This Resolution approved the Tentative Map, Hillside Development Permit, Planned Development Permit, Special Use Permit, and Certified the Environmental Impact Report for City Tract 90-03. If you have questions regarding any aspect of your project, please call Mr. Christer Westman, Planning Department, at 438-l 161 extension 4448. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 49