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HomeMy WebLinkAboutCP 36; E EL CAMINO REAL BTWN LA COSTA AVE & ALGA RD; Condo Permit (CP)o..7LLL.7 (PLEASE PRINT) i. REQUEST: Condominium Permit for • .... •• eA- s•- 4L rc d4_' 444- units on property 'te Applicati,Received- CONDOMINIUM PERMIT CITY OF CARLSBAD -T -ô 7))? of approximately 40.8 acres. 2. Location: The subject property is generally located on the -East side of El Camino Real between La Costa Ave._and Alga St. 223 190 01 THROUGH 3. ASSESSOR'S NUMBER: Book223 Page 190 Parcel 22 _INCLUSIVE Book Parcel (If more, please list on bottom of page). 4. OWNER(S) OR PRINCIPAL OF CORP. SHPELLINDUSTRIESOFSANDIEGO,INC., 3272 Rosecrans St., San Diego, CA 92110 222-0345 Name Address Zip - Phone 5. Person responsible for preparation of plan: TornPantich,Associated - Engineers, 3904 Groton St., San Diego, CA 92110 224-2465 Name Address Zip Phone 6. Registration of License NO: RCE 25900 APPLICANT'S SIGNATURE:* I hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attach- ment have been read, understood and agreed to. Name 7 ',.,Address . Zip Phone ' / 7 SHAPELL INDUSTRIES OF SAN DIEGO, INC. 3272 Rsecrans St Sn•Did, CA 921:10' 222-0345 rnest M. Qa?T(ellas, Executive Vice-President *NOTE: If. the applicant is an agent to the property owner, a signed and notarized letter authorizing the applicant to represent the property owner must be submitted with the application. The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: 5upplemental Information Form - Planning 20 Standard Conditions - Planning 27 - preparation Check List - Planning 32 and 32A Procedures - Planning 36 V • FORM PLANNING. 13 . Date of PlannIng Commission .Approval 6/11/79 . If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO, INC. Name (individual, partnership, joint venture, corporation,1 syndication) 3272 Rosecrans St., San Diego, California 92110 Business Address S 222-0345 Telephone Number AGENT: Name Business Address Telephone Number 4EMBERS: W.R._Effinger Name (individual, partner, joint venture, corporation, syndication) 3272 Rosecrans St., San Diego, CA 92110 Business Address 222-0345 Home Address Telephone Number Telephone Number ErnestM. Ornellas Name - Home Address 3272 Rôsecrans St., San Diego, CA 92110 Business Address 222-0345 Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. SHAPELL INDUSTRIES OF SAN DIEGO, INC. - Applicant -, Agent, Owner Partner Ernest M. Ornellas, Executive VP SUPPLEMENTAL INFORMATION FORM SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERNIT/ PUD/ CONDOMINIUM PERMIT/PRECISE DEVELOPME.NT PLAN/SITE DVELOPMENT PLAN. 1) Gross Acres (or square footage if less than acre) 40.8± 2) Number of Lots ors . / L ig-& 3) Type of Development - Residential Residential, Commercial, Industrial L&1 4) Present Zone PC Proposed Zone No Chang (If change requ.i. 5) General Plan Land Use Designation Medium-High Density (10-20 DU/AC) 5) Source of water supply Olivenhein 7) Method of sewage disposal Leucadia 8) -Types of Protective Covenants to be recorded Covenants, Conditions 9) Transportation modes available to service the development- Private auto & public bus transportation. 10) School District(s) serving the property Encinitas and San Dieguito 11) If your project is for or anticipates being for more than 50 res- idential units do you prefer to dedicate land pay fees N , or a combination thereof 12) Methods proposed to reduce sound levels This project will not have any significant affect on sound levels, nor create any unusual noise levels....... 13) Methods proposed to conserve energy Insulation, window orientation, and standard building practices. Additional sheets may be attached if necessary to answer any of the above questions. FORM PLANNING 20 - February 1, 1979 STANDARD INDITIONS CITY OF ARLSBAD SPECIFIC PLAN/CONDITIONAL USE PERMIT! VARIANCE/PLANNED UNIT DEVELOPMENT/ SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT CO400iiINIUM PERMIT/PRECISE DEVELCPiiENT PLAN Development shall meet all requirements of the subdivision, zoning and building codes, laws, ordinances or regulations of the City of Carlsbad, and other governmental agencies. Some of the more pertinent requirements and procedures of the City are listed below for your in- formation and concurrence. Please read this list carefully and feel free to ask for further information or explanation. 11 All conditions for Conditional Use Permit, Variance, Planned Uiit Development and Special Use Permit shall be completed and the project commenced within 18 months from final City action, unless otherwise stated as part of the approval. There is no time limitations for Specific Plans unless required as part of the approval. 2) Development shall substantially conform to the approved plan. 3) All public improvements shall be made in conformity with City Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 4) Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the location, type and adequacy of water lines. 5) Prior to any construction, the applicant shall obtain approval from the City Fire Department of the location and size of fire hydrants. 6) The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. 7) Street trees, as required by the City, shall be installed by the applicant at applicant's expense. Trees shall be of a type approved by the Parks Department and shall. be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the require- merits of this condition. 8) . A detailed grading plan which includes proposed drainage and erosion control landscaping or other measures such as desilting basins shall be approved by the City Engineer. 9) Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping if so approved. 10) A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 5' or greater in height and any other areas required by law. 11) Prior to final building inspection clearance, all landscap- ing and irrigation systems shall be installed or adequate bonding accepted. Said landscaping shall be maintained in a manner acceptable to the Planning Director. 12) No signs or advertising of any type whatsoever shall -be erected or installed until plans thereof have beer approved by the City of Carlsbad. As *part of the approval process, the City may modify these conditions or add others, especially those of a more specific natUre. The applicant will be notified of these modifications or additions by Resolution. Form Planning 27 /Date of Planning Commission Approval *PREPARATION CHECK LIST CONDITIONAL USE PERMIT/VARIANCE PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN CONDOMINIUM PERMIT/SPECIAL USE PERMIT A. Documents Required for Submittal: 1) Application with supplemental sheet completed. 2) Standard condition list. 3) P otostatic co of d her of ription accep a e o the Planning irector. 4) Fifteen ozalid prints of the plan for all applications except a PUD which requires 20 prints- Minor Condo permits which require 10, and major condo permits which require 28. Maps riiustb& fdlded in ,a size not to excee.d 8½ x 11. PPf)TTTRPfl PT,ANq APP A CUP and Variance: Site Plan* PUD: Site Plan*, building elevations, landscape plan, cross section of proposed grading. SDP: Site Plan*, building elevations. CONDO PERMIT: Site Plan, & building elevations, landscaping plans. SUP: Site Plan*, grading plan. *Site Plan as a minimum shall contain all property lines, building locations with horizontal dimensions, driveways, and parking stalls with dimensions, location and dimensions of landscaping. 5) Environmental Impact Assessment or Report with fees (if required). 6) Fee: Conditional Use Permit, Variance and Special Use Permit - $50.00. Planned Unit Development $50.00 + $1.00 per unit. Amendments for PUD'S - $50.00 + $1.00 per unit within area being amended. Site Development Plan - $25.00 • - • Condominium Permit -' $50.00 + $1.00 per unit within area being amended. • 300 Foot Radius Map - (Not needed for Site Development Plan, • Special Use Permit and Minor Condominium Permit). A map to scale • not less than 1" - 200 1 showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots ha11 be consecutively numbered ad correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is npractica1. Property Owner's List - (Not needed for Site Development Plan, Special Use Permit and Minor Condominium Permit). Two copies of a typewritten list on self-adhesive (Avery) mailing labels of the name and address of all property owners within 300' as noted on the property owners map. This list must be accurate and taken from the latest equalized assessment roll on file in the Office of the Assessor of San Diego County, 1600 Pacific Highway, Room 103, Ph. # 236-3771. Conversion to Condominiums: In addition to the above property es and addresses of all' tenants of the units to be bonvéited to condominiums. 9) Disclosure Statement. FORM 32 PLANNING (May 25, 1979) Page One • 1 )(:;0) A written statement by the City Engineer that he in s there is adequate sewer capacity available' for the proposed use at the site or that he finds that the proposed use and site can be adequately served by alternative City approved onsite sewer system. Applicant, please note, this determination must be done .prior t6 submitting .applicatioh and it, may require preparation on your part to provide sufficient evidence to the City Engineer. It is suggested you make early contact with the Engineering Department for-such determination. 11) For residential projects within Vista, San Marcos, Encinitas or San Dieguito School Districts, the applicant shall indicate whether be prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. - For residential projects within the Carlsbad Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. B. Drafting of Plan: 1) Sheets to be 24"x36" with 1" border (standard "D" size). 2) Scale to indicate: 1" = 10' is generally sufficient; however, the scale is to be appropriate for sheet size. 3) North arrow oriented to top or left side of sheet. 4-) Lettering must be legible. It is preferred that it be drawn by mechanical means, in ink, and heavy upper case. 5) - Location map showing the distances to the center line of the nearest intersection. 6) Title block with name and address of applicant and drafter, - and pertinent information such as uses, total acreage and date prepared. C. Informatloil on Plan - 1) Proposed and existing structures: - • - a) Proposed use of all structures (in general land use terms). -b) Building dimensions, setbacks and distances between buildings. • c) Type of construction proposed. d) Identification of fire rated walls and fire sprinkler systems. • e) Height, and number of stories. - - f) Gross floor-area per structure :-g) Proposed changes and additions to existing buildings. 2 Existing and proposed right-of-way, public and/or private: a), Distance from property line to center line of right-of-way. • •bl Widths of right-of-way. c) Location of existing and proposed sidewalks and curbcuts. dl Easements - type and location. 31 Parking: a) Location, size and numbered consecutively. bI Identification of loading zones. cl. Dimensions of driveways. 41 Landscaping: a) Existing and proposed trees in the public right-of-way. )1 A.schedule, showing types,, size and location of all plant materials proposed on site. - C),Indicate a permanent watering system for all landscaping areas by showing the location of water lines. FORM 32 PLANNING Page Two . V 5) Refuse pickup areas (not required for detached housing projects). 6) Signs: Size, location and height of existing and proposed signs. 7) Lot lines and dimensions; V 8) Location of watercourse or areas subject to flood. 9) Location of proposed storm drains or other means of drainage (grade and size). 10) Topographic contours at two-feet intervals, with indication of manufactured slope. V 11) Cross section of proposed grading. Existing contours and proposed graded contours for all grades of 4:1 or greater shall be shown. 12) Delineation of development phasing. V D. Miscellaneous Information for Planned Unit Development and Condominium Permit Applications. V V 1) Document explaining who shall be responsible for maintaining open common areas and how maintenance is to be performed. 2) Document explaining special development standards requested. For custom home Planned Unit Development all development standards listed 'in Section 21.45.120 shall be included. 3) Elevation of proposed buildings (not required for custom home PUD'S). FORM 32 PLANNING V V Page Three Plans Required for Condo permit (Section 21.47) Major CôndoPermit/Tetitative Tract: (5 or more:uni'ts). 28 copies showin all information listed below, except that only 3 copies of the landscape and irrigation plans are required. If tract and condominium plans are separate, 28 copies of each are required. Minor Condo Permit: (4 or fewer permits). 10 copies showing all information listed below, except that only 3 copies of the landscape and irrigation plans are required. In addition, the Engineering Department requires 7 copies of the tentative parcel map. • Site Plan a) Location of Buildings and property lines. b) Location of storage for each unit and size of area in cubic feet. C) Location of laundry facilities. d) Location and construction of refuse collection facilities. e) Location of all utility meters (gas, water and electric) and a note on the plan indicating that each unit has separate meters. ParkiPg Plan Show all parking spaces, as well as the dimensions of spaces, back-up areas, driveways and garages. Recreation Plan Show location and size of all recreation areas. Include picnic tables, pools, spas, bar-b--ques, children's play areas, etc. Landscape and lrrigation Plan a) Location of all landscaping indicating type and size of plants to be installed. Check street tree list if street trees will be installed. b) Location, sizes, dimensions of sprinkler heads and staking, backf low preventer, pipes, water meters, controls. Building Elevations Show the elevations and. include a description of buildings and materials. KJL:ar 7/19/79 FORM 32A •. . . I PROCEDURES 1) Application to Planning Commission: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity.-to evaluate and discuss the application-in its various stages of development prior to submittal. It is more effective if applicant meets directly with staff; however, writ -Len or telephone communication is acceptable. It is the responsibility of the applicant to make the initial contact for such meeting. 2) Submittal: Application will be accepted only if the application, plans and other pertinent materials are included. 3) Review: -After accepting the application staff will submit it to the department review board (DCC) to ascertain if further information is necessary. Staff will attempt to conclude this review within two weeks, but in no case shall the review period be longer than 30 days from receipt of application. 4) Notice; Upon completion of the application review, the applicant will be informed by letter if further information is required if any, or if the application is complete what date it will be heard by the Planning Commission. 5) Planning Commission Calendar: The Planning Commission adopts an annual calendar that indicates application closing dates, staff review dates, a staff recommended review dates as well as Planning Commission hearing dates. The date your request will be heard is selected from this calendar. You may acquire this calendar at the Planning Department. 6) Staff Review: Staff prepares a report for the Planning Commission. This report is reviewed by the Departmental Coordinating Committee (DCC), which is made up of representatives from thedepartments of Planning, Engineering, Fire, City Manager and other as may be necessary. You are invited to this meeting to explain the project and respond to staff recommendations. Upon completion of this review, staff will prepare final staff recommendations to be sub- mitted to the Planning Commission. The final report with rec- ommendations will be available at the Planning Department five days prior to the Planning Commission hearing (Friday afternoon prior to the Planning Commission meeting date). 7) Hearing: The Planning Commission meets every 2nd and 4th Wednesday of the month at 7:00 P.M., or as indicated on the Planning Commission calendar. Depending on the type of application, the Planning Commission will either make a recommendation and forward to City Council or take final action: 8) Appeals: Final actions by the Planning Commission may be appealed to the City Council, provided such appeal is filed within ten (10) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of applications. 9) Final Decision: The City will notify the applicant and property owner of the final decision. FORM: PLANNING 36 DATE OF PLANNING COMMISSION APPROVAL DEC. 6, 1978. RECORDING REQUESTEC, c 1651 C , 40 AND WHEN RECORDED MAIL TO 1Shapell Industries of San Diego, 1n! 10m 3272 Rosecrans Street San Diego, CA 92110 Attn: Wm. Effinger MAIL TAX STATEMENTS TO apell Industries of San Diego, I. 3272 Rosecrans Street San Diego, CA 92110 ' Atn: Wm. Effinger Corp 78-1153511 EILEJPAGE No..... BOOK 1978 RECORDED REQUEST 0F TITLE INSURANCE & IRUSJ W. MAR 24 8:00MVZ& OFFICIAL RECORDS AN DIEGO COUNTY, CAIJr. HARLEY. F, BLOOM1 REQQROE 300 SPACE ABOVE THIS LINE FOR RECORDER'S USE )ration Grant Deed 9045 223-190-02 10 1921 CA (I 274) THIS FORM FURNISHED BY TICOR TITLE INSURERS through 223-190-22 TRANSFER TAX PAID The undersigned grantor(s) declare(s): HARLEY F. &ooi, R&ORDER Documentary transfer tax is $_3 112. 45 OQ computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: (X) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LA COSTA LAND COMPANY a corporation organized under the laws of the State of Illinois /California SHAPELL INDUSTRIES OF SAN DIEGO, INC., a (corporation the following described real property in the City of Carlsbad County of San Diego State of California: hereby GRANTS to Lots 274 through 289 and 291 through 295 of Carlsbad Tract 72-20 (La Costa Vale Unit No. 2) according to Map thereof No. 7779 filed in the office of the San Diego County Recorder on October 26, 1973. In Witness 'Whereof, said corporation has caused its corporate name and seal to be Lfixe hereto and this instru- Vice ment to be executed by it President and_ss ].stant Secretary thereunto duly authorized. Dated: March 1 , 1978 LA COSTA LAND COMPANY STATE OF CALIFORNIA 'i ~...h'4.- 1.. COUNTY OF SAN DIEGO } On March 1 1978 before me, the under. . Kran,3 Vice P esident signed. a Notary Public in and for said State, personally appeared Burton L. Kramer known B. Elaine Thomas, Assistant Secretary to inc to be the Vice President, and ElaineThomas known to me to be Assistant -.Secretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instru OFFICIAL f MILDRED I. HOLMAN merit pursuant to its by..laws or a resolution of its board 6f directors. WITNESS my hand and official seal. NOTARY PUBLIC . CALIFORNIA SAN DIEGO COUNTY K My comm. expires AUG7,1978t CA 92026 signature _ '-'v2 2ijc., Mildred I. Holman (This area for official notarial seal) Title Order No. _ Escrow or Loan No. B1021179 4 a p RECORDING REQUESTED BY 0 . AND WHEN RECORDED MAIL TO I— —I Name Street Address City & state J MAIL TAX STATEMENTS TO I— —I Name Street Address City & State L_. _J SPACE ABOVE THIS LINE FOR RECORDER'S USE CAT. NO. NN00582 Individual Grant Deed TO 1923 CA (7-82) THIS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is $ computed on full value of property conveyed, or ] ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LA COSTA •VALE, LTD., a California limited partnership hereby GRANT(S) to SEA POINTE VILLAGE AT LA COSTA HOMEOWNER'S CORPORATION, a California Nonprofit Mutual Benefit Corporation V the following described real property in the V County of San Diego ,State ofCalifornia: V Lot 291 of San Diego Tract No. 72-20, Unit No. 2, in the County of San Diego, State of California, according to Map No. 7779 filed in the Office of the Recorder of San Diego County on October 26, 1973. This Deed is made and accepted upon the easements, covenants, conditions and restrictions contained in the Declaration of Covenants, Conditions and Restrictions recorded on V , 1983 as File/Page No. of Official Records of San Diego County, California, and any amendments thereto of record and upon the covenants, conditions, and restrictions contained in the DeclarationVof Restrictions recorded V November 2, 1973 as File/Page No.--73-307983 and amended by Amendment recorded November 16, 1973 as File/Page No. 73-321220 in the Office of the Recorder for San Diego County, California, all of which are incorporated herein by reference to said Declaration with the same effect as though fully set forth herein, and which covenants, conditions and restrictions shall run with the land and be binding on Grantee, its successors and assigns. Dated: V LA COSTA VALE, LTD.. a California limited partnership - By: A Managing General Partner By: Title Order No. or Loan No. IU TAV P!VVC fC ••.. ' ' •C) . . —C R 83234 I RECORDING REQUESTED BY £ .s - AND WHEN RECORDED MAIL TO •..--.. ..._ T AME ThDtJSTiIES OF SA DII ;TRECT 3272 Rosecrane Stree .00RESS San Diego, CA. 92110 ITY& rA1-E - 79-269407 • TIE/PAGE NO. • BOCJK 1979 RECORDED REGUEST OF TITLE INSWMNCE AND TRUST JuwZ8 10 ssM1'7 OFFICIAL ECORDS RECORDER SAN DIEGO COUNTY CALIF. $3.00 SPACE ABOVE THIS UNE FOR RECORDER'S USE TITLE ORDER NO, TITLE OFFICER Full Reconveyance TITLE INSURANCE AND TRUST COMPANY, 'a California corporation, as duly appointed Trustee under Deed of Trust hereinafter referred to, having received from holder of the obligations thereunder a written request to reconvey, reciting that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does hereby RECONVEY, without warranty, to the person or persons legally entitled thereto, the estate now held by it thereunder. Said Deed of Trust was execii'ted by SHAPELL INDUSTRIES OF SAN DIEGO, INC., A California Corporation Trustor, and recorded in the official records of San Diego County, California, as follows: DATE March 24, 1978 AS INSTR. NO. 78-115358 BOOK 1978 PAGE/SERIES DESC Lots 274 through 289 and 291 through 295 of CARLSBAD TRACT NO. 72-20 (La Costa Vale Unit No. 2) according to Map No. 7779. In Witness 'Whereof, Title Insurance and Trust Company, as such Trustee, has caused its corporate name and seal to be hereto affixed by its Assistant Secretary, thereunto duly authorized on the date shown in the acknowl. edgment certificate shown below. Title Insurance and Trust Company, as such Trustee OVa, s-YE. -D 7" - By 7?7 STATE OFCALIFORNIAL Assistant Secretary COUNTY OF San iegoi q if }ss. June 25, 1979 , before me, the undersigned, a Notary Public in and for said State It .j / personally appeared croy- . . known tome to be an Assistant Secretary of TITLE JNSURANCE .AN1? RUT.CPMPANY, the corporation that executed the foregoing instrument as such Trustee, and known to me to be thee person wlà eecü(d,said 4risrumenron behalf of the corporation therein named, and acknowledged to me that such cor- F. -, •• . '. - . ..••- .:-;'. -'- ,-• poratlon executed the same as sucn Trustee. . • _,,. WITNESS thy h LG'-' and ndofficial sea f OFFICIAL SEAL BETTY WELTY NOTARY PUBLIC. CALIFORNIA Principal Office in San Diego County My Commission Exp. Nov. 12, 1982 (This area for official notarial seal) TS 55CA 370 Ie-731 AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agreement is made this 8th day of June 1983 between the City of Carlsbad, a municipal corporation, (hereinafter called "City") anc La. COta.V1e 1 1itd\ ___ a Limited Partnership (hereinafter called "Subdivider"). 1 Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.110 and 10.24.180 permit Subdividers to request and City to approve, conditionally approve 'or deny extensions of time for the expiration of tentative maps or tentative parcel maps (hereinafter collectively called - - • "Tentative Subdivision Maps"). 2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3d 915, rñodified 111 Cal. App 3d 788 (1980) indicates that the S - Government Code (Subdivision Map Act) may not authorize City to impose new conditions; i.e., those which were not imposed on the tentative subdivision map, upon the extension of the time for expiration of a tentative subdivision map, but also held that the City does have discretion to approve or deny such extensions. ) 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Sections 20.12.100(d) and 20.24.160 provide that expiration of a tentative subdivision map shall terminate all proceedings and that no final map or parcel map for any property covered by the tentative subdivision map shall be filed without first processing a new tentative subdivision map. 4. Subdivider has requested City to approve the extensioin of - time for Tentative Subdivision Map No. cp-a / CT 72-20 which was initially approved on February 2, 1981 5. Since the approval of said Tentative Subdivision Map, City has conducted studies which show that the-construction of certain drainage facilities or thoroughfares are essential to protect and provide for the health, welfare, andsafety of all of the present and future residents of City, including those who will reside in said subdivision. 6. Since the approval of said Tentative Subdivision Map, City has adopted a major drainage fee or major thoroughfare fee - or both to provide the funds to construct the necessary drainage facilities and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City has conducted studies which show the need to establish a public facilities fee in order to provide for public facilities to protect the public health, safety and welfare of the present and future residents of City and to ensure 2.. ••• ,• 1) ) that public facilities to serve the development will be available concurrent with need as required by City's general plan. Developer agrees to pay said fees and has executed a contract which is on file with the City Clerk to that effect. 8. Because the original approval of said Tentative Subdivision Nap occurred prior to the adoption of the aforementioned fees, City did not condition the approval of said Tentative Subdivision Map with the payment of said fees. 9. Since the initial approval of the Tentative Subdivision Map there may have been changed circumstances which require additional conditions of approval on the extension of the Tentative Subdivision Nap to protect the public health, safety, and welfare, to mitigate affects on the environment or to ensure consistency of the extended map with the City's general plan and Municipal Code. • - 10. City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivision Map conditions requiring payment of the fees mentioned above or conditions necessary to protect the public health, safety or welfare, or the environment or ensure consistency with the general plan or Municipal Code. 11. Without such voluntary consent of Subdivider to the imposition of conditions City may be required to deny Subdivider's request for extension to ensure that the public health, safety and welfare or the environment are - 3, ) . ) • H protected or that the general plan or Municipal Code requirements are satisfied. Approval of the extension of said Tentative Subdivision Map without assurances that the fees mentioned above would be paid for said subdivision would be contrary to the best interests of the City and would threaten the City's ability to. protect and provide for the public health, safety, and welfare. Subdivider agrees that it is in the best interest of City and Subdivider that City be able to protect the public health, safety and welfare, or the environment or ensure consistency with the general plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps. 12. Subdivider realizes that denial of the requested extension could result in the expiration of the tentative subdivision map. Subdivider would then be required to incur substantial costs and time delays in processing a new tentative subdivision map approval of which would be subject to new conditions necessary to ensure consistency of the tentative subdivision map with the Subdivision Map Act, the California Environmental Quality Act, Titles 19, 20 and 21 of the Carlsbad Municipal Code, the City's General Plan and to protect the public health, safety and welfare. 13. City has reviewed the Subdivider's request for an extension of time for said tentative subdivision map and finds that granting the request subject to certain conditions will not 4. lira tl S be contrary to the public health, safety, and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual convenants set forth herein, City and Subdivider agree as follows: 1. City agrees to extend Subdividers Tentative Subdivision Map for one year subject to whatever new or revised conditions the City in its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any and all rights to Condominium Permit the unconditioned extension of xiijxxNo. CP-36_. 3. Subdivider knowingly and.voluntarily consents to the imposition of a condition of approval of the extension of X4X( Condo Permit No._CP-36 which requires payment of any fees which may be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereof and to the following additional conditions: This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, issued 2124182 and effective 412182, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. 4. The provisions of Carlsbad Municipal Code Sections 20.12.110 and 20.24.180, as appropriate, shall govern extension of the map whidh is the subject of this agreement. 5. If this agreement is for an extension of a tentative subdivision map for a minor subdivision, the appeal of the City Engineer's approval, or conditional approval, of the extension by any party shall void this agreement unless 5. .. f the agreement is subsequently approved by the City Council. 6. Any action by Subdivider to challenge the legality of this - agreement or any failure by Subdivider to pay the fees and comply with any other conditions applicable to the extension shall void the approval of such extension. The map shall not final and the development shall not proceed until a new tentative subdivision map has bee'n approved. ATTEST: £LbtiL V , ALETHA L. RAUT City Clerk CITY OF CARLSBAD, a municipal corporation By MAYOR (Mjor Subdivisions) CITY ENd'INEER (Minor Sub- divisions) SUBDIVIDER LA COSTA VALE, LTD. DARTMOO4 DEVELOPMENT CO., Mana]art 13, A~~ ~_ - A., President APPRED—AS TO FORM: V7ENT . w4u , City Attorney Assistan City Attorney (NotarPalacknow1edg-ement of execution by subdivider iust be attached) (Affix corporate seal if appropriate) 6 . .Ic F- S STATE OF CALIFORNIA ) SS COUNTY OF SAN DIEGO ) On June 8, 1983, before me, the undersigned, a Notary Public in and for said County and state, personally appeared KENNETH A. LIPINSKI, known to me to be the President of DARTMOOR DEVELOPMENT CO., the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of LA COSTA VALE, LTD., the partnership that executed the within instrument, and acknowledged to me that such corporation executed same as such partner and that such partnership executed the same. WITNESS MY HAND AND OFFICIAL SEAL Sandra D. Grazno4 Notary Public 4,ñ afra for said County and State V My commission expires April 27, 1984. e OFFICIAL SEAL SANDRA D. GRAZIANO NOTARY PUBLIC - CALIFORNIA Principal Xtc hi an Diego County My Corr, Exp. April 27, 1984 POOR QUALITY ORIGINAL (S) d hereby agrees that the above information given is correct and agrees ons as stated. The under to the co S- i. vFJ-13 Date toc2- KYO(, Account No. 9-28-77 0 LEUCADIA COUNTY WATER DISTRICT APPLICATION FOR SEWER SERVICE Owner's Name - Shapell Industries Phone No. 222-0345 Mailing Address 3272 Rosecrans San Diego, Calif 92110 5EV/PR PERMIT ISSUED UPON Service Address: RECEIPT OF BUILDING PERMIT. Tract Description: La Costa Vale II BUILDING PERMIT MUST BE Assessor's Parcel No. APPLIED FOR Type of Building condos No. Units 50 Connection Fee $__30.OQO00 Lateral Size: 4" 6" 8" Saddle Easement Connection pre-pd (10,000.00) Extra Footage: @ $_______ Extra Depth: @ $ Lateral Fee Amount Rec'd Prorated Sewer Ck. No/Cash Service Fee Date Rec'd By Total ________ The application rnustbe signed by the owner (or his authorized representative) of - the property to be served. The total charges must be paid to the District at the time the application is submitted. If a service lateral is required, it will be installed by the Leucadia County Water District. The service lateral is that part of the sewer system that extends from the main collection line in the street (or easement) to the point in the street (at or near the applicant's property line) where the service lateral is connected to the appliant's building sewer. The applicant is responsible for the construction, at the applicant's expense, of the sewer pipeline (building sewer) from the appli- cant's plumbing to the point in the street (or easement) where a connection is made to the service lateral. The connection of the applicant's building sewer to the service lateral shall be made by the applicant at his expense. The connection must be made in conformity with the District's specifications, rules and regulations; and IT MUST BE INSPECTED AND APPROVED BY THE DISTRICT BEFORE THE SEWER SYSTEM MAY BE USED BY THE APPLICANT. THE APPLICANT, OR HIS AUTHORIZED REPRESENTATIVE, MUST NOTIFY THE DISTRICT AT THE TIME INSPECTION IS DESIRED. ANY CONNECTION MADE TO THE SERVICE LATERAL OR COLLEC- TION LINE WITHOUT PRIOR APPROVAL AND INSPECTION BY THE DISTRICT WILL BE CONSIDERED INVALID AND WILL NOT BE ACKNOWLEDGED. The prorated sewer service fee is based upon the date the District estimates that service will begin and covers the balance of the fiscal year. There will be no additional fee or refund if service actually commences on a different date. For succeeding fiscal years, the sewer service fee will be collected on the tax roll in the same manner as property taxes. • (E) 0 San Diego Gas & Electric CONSENT LETTER Date: April 16, 1980 FILE NO. LNC 520 Voyd H. Beights Shapell Industries of San Diego, Inc. 3272 Rosecrans Street San Diego, CA 92110 Dear Mr. Beights: San Diego Gas & Electric Company (SDG&E) hereby consents to your use in common with SDG&E of the area shown in red on the drawing marked Exhibit A attached hereto and by reference made a part hereof. Said area is within SDG&E's right-of-way number 31571 granted to SDG&E by a document dated February 5, 1954 , and recorded, in Book 5132, Paige 342 of Official Records of the San Diego County Recorder. This consent is limited to the installation, main- tenance and use of a six foot wide pedestrian A.C. path. This consent is given subject to the following standard terms and conditions. 1. You agree that no structures, other than those specifically described above and shown on Exhibit A will be constructed on the right-of-way. 2. You agree never to contest SDG&E's title to the right-of-way or the priority of SDG&E's title. 3. You acknowledge SDG&E's right to utilize the right-of--way pursuant to the California Public Utilities Commission's General Order 69B, which gives SDG&E the right to revoke this consent in whole or in part whenever in the interest of its patrons or consumers it shall appear necessary or desirable to do so. - POST OFFICE BOX 1831. 54N nIF-fl rAt IFORNIA 92112- TFI FPHONE: 714/232.4252 lri rr I I . 4. You agree to assume all risks of loss, damage and injury to persons and property arising from your use of the right-of-way. You also agree to indemnify, defend, and hold SDG&E harmless from any liability arising from your use of the right-of-way. 5. You agree to give SDG&E at least 48 hours notice before working within or near the right-of-way by -calling telephone (714) 232-4252, extension 1638/John B'urton. 6. You agree to comply with all appropriate statutes, ordinances, codes, and regulations or public bodies having jurisdiction over the subject matter of this consent. In addition, this consent is given subject to the following special terms and conditions: None SAN DIEGO GAS & ELECTRIC/COMPANY 7, / Signature / - VOYD H. BEIGHTS Typed Name Date: / & 1/ 0 \ ~4\ E. liT 0 L ( - - r 0 H to I L ( )z- I® A.. • APPROXIMAT•OcAT ION OF PROPOSED? 6' PEDESTRIAN PATH ! 3 - - - -- 284 \ I / 'N - - 289 (L--J 42L4 - 3. Zi 2 .9/ 0 I. 0 NOTICE OF DECLARATION 'NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the City of Carlsbad has issued Negative Declarations for the following projects: LOG "NO.62: The proposed project involves the construction of a 1 unit condominium development on a 40.8 acre site located on the east side of El Camino Real between La Costa Avenue and Alga Road, and more specifically encompassing Venado Streets and Piragua Street, west of Cadencia Street in La Costa. All of the units will be detached, with access of of private driveways. The private driveways will, in turn, take access off of either Piragua or Venado Streets. The project would be constructed in four phases, since the applicant has received only 50 sewer hookups at this time. The project grading and lot formation was approved in conjunction with a certified Environmental Impact Report (EIR NO. 35). In addition, the EIP. determined that no significant archaeological or historic resources were present on the site. Approximately 60,000 cubic yards of additional disturbed areas, and would not, result in any significant impacts to the San Marcos Canyon or any environmental resources. APPLICANT: SHAPELL INDUSTRIES CASE NO: CT 72-20/CP-36 A copy of the subject Negative Declarations with supportive information is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad. Comments from the public are invited. Please submit comments in writing to the Planning Department within five (5) days from the date of this notice. PUBLISH: DECEMBER 22, 1979 1200 ELM AVENUE TELEPHONE: CARLSBAD CALIFORNIA 92008 (714) 729-1181 (!J;ttp of artbab NOTICE OF DETERMINATION ' TO: COUNTY CLERK • SECRETARY FOR RESOURCES LOG NO._ 6-2 County of San Diego 1416 Ninth Street . 220 West Broadway Room 1311 San Diego, CA 92101 Sacramento, CA 95814 . • . PROJECT TITLE: CONDOMINIUM PERMIT . . .PRWEcr ADDRESS: Eastsideof El -Camino Real btwn LCosta Avenue and Alga Rd, more specifically encompassing • :; .: Venado S&eet & Piragup St, west of adenciaSt. • PERMIT APPLICANT:Shapell Industries ENVIRONMENTAL IMPACT OF THE PROJECT . .. . • WILL NOT HAVE A SIGNIFICANT EFFECT :0. WILLJMAY HAVE A SIGNIFICANT EFFECT' . . . .. •. . . STATUS OF PROJECT . : Ej APPROVED [J DENIED ENVIRONMENTAL IMPACT REPORT . . . . . •. .• : O NONE COMPLETED PURSUANT TO CEQA & IJ COMPLETED PURSUANT TO CEQA A copy of the E] Negative Declaration ETR with supporting .: • . . documents is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA 92008. •• DATE: • . JAMES C..* HAGAMAN, I' Planning Director • •, : • • • . . .• . •• • .• • • • • • • • ••••• • . • -•• • • PROPERTY OWNER'S LIST TO ACCOMPANY 300 FOOT RADIUS MAP JOB# 8422-B SEPTEMBER 9, 1981 PROPERTY OWNER& ASSESSORS PARCEL NUMBER MAILING ADDRESS PROPERTY ADDRESS (1) 223-221-12 Ernest & Diane Waiski 3201 Fosca Street 3204 Fosca Street Carlsbad, Ca. 92008 , Carlsbad, Calif. 92008 (2) 223-221-13 Robert & Susan Trivison 3203 Fosca Street 2006 Marlin Way Carlsbad, Ca. 92008 Newport Beach, Ca. 92660 (3) 223-221-50 Arthur & Laura Benvenuto 3205 Fosca Street 3205 Fosca Street Carlsbad, Ca. 92008 Carlsbad, Calif. 92008 (4) 223-221-33 La Costa Land Co. N/A Costa Del Mar Raod Carlsbad, Calif. 92008 (5) 223-221-32 La Costa Land Co. N/A (6) 223-221-31 La Costa Land Co. N/A (7) 223-230-05 La Costa Land Co. N/A (8) 223-230-06 La Costa Land Co. N/A (9) 223-230-07 La Costa Land Co. N/A (10) 223-230-08 La Costa Land Co. N/A (11) 223-230-09 La Costa Land Co. N/A (12) 223-230-04 La Costa Land Co. N/A (13) 223-230-03 La Costa Land Co. N/A (14) 223-230-02 La Costa Land Co. N/A (15) 223-230-01 Corona La Costa Home- N/A owners Assn. do La Costa Land Co. Costa Del Mar Road Carlsbad, Calif. 92008 (16) 223-260-12 La Costa Land Co. N/A (17) 223-260-11 La Costa Land Co. N/A (18) 223-291-39 Glen & Andrea Shephard 7408 Carlina Street 7408 Carlina Street Carlsbad, Ca. 92008 Carlsbad, Calif. 92008 Page two 0 0 (19) 223-291-38 Jeffrey & Barbara Toraason 7406 Carlina Street 7406 Carlina Street Carlsbad, Ca. 92008 Carlsbad, Calif. 92008 (20) 223-291-37 Bonnie Lowry 7404 Carlina Street 7404 Carlina Street Carlsbad, Ca. 92008 Carlsbad, Calif. 92008 (21) 223-291-36 Thomas E. Evangelisti 3138 Verde Avenue 3138 Verde Avenue Carlsbad, Ca. 92008 Carlsbad, Calif. 92008 (22) 223-291-35 Gregory & Laura Garver 3136 Verde Avenue 3136 Verde Awenue Carlsbad, Ca. 92008 Carlsbad, Calif. 92008 (23) 223-291-34 Aetna Capitol Co. N/A c/o The Woodward Companies 5100 Campus Drive Newport Beach, Ca. 92660 (24) 223-291-33 Aetna Capitol Co. N/A c/o The Woodward Companies (25) 223-291-32 Aetna Capitol Co. N/A c/o The Woodward Companies (26) 223-291-31 Aetna Capitol Co. N/A c/o The Woodward Companies (27) 223-291-30 Aetna Capitol Co. N/A c/o The Woodward Companies (28) 223-291-28 Aetna Capitol Co. N/A c/o The Woodward Companies (29) 223-291-29 Corona La Costa Homeowners N/A do Loomis Co. P. 0. Box 1068 Oceanside, Calif. 92054 (30) 223-291-27 Aetna Capitol Co. N/A do The Woodward Companies (31) 223-291-26 Aetna Capitol Co. N/A c/o The Woodward Companies (32) 223-291-25 Aetna Capitol Co. N/A do The Woodward Companies (33) 223-291-24 Aetna Capitol Co. N/A c/o The Woodward Companies (34) 223-291-23 Aetna Capitol Co. N/A c/o The Woodward Companies Pae three S . (35) 223-291-22 Aetna Capitol Co. N/A c/o The Woodward. Companies (36) 223-291-21 Aetna Capitol Co. N/A do The Woodward Companies (37) 223-291-20 Aetna Capitol Co. N/A c/o The Woodward Companies (38) 223-291-19 Aetna Capitol Co. N/A c/a The Woodward Companies (39) 223-291-18 Aetna Capitol Co. N/A c/a The Woodward Companies (40) 223-291-17 Aetna Capitol Co. N/A c/a The Woodward Companies (41) 223-291-16 Aetna Capitol Co. N/A c/a The Woodward Companies (42) 223-292-06 Merle Sims 7408 Brava Street 7408 Brava Street Carlsbad, Ca. 92008 Carlsbad, Calif. 92008 (43) 223-292-07 Ronald & Debra Williams 7407 Carlina Street 7407 Carlina Street Carlsbad, Ca. 92008 Carlsbad, Calif. 92008 (44) 223-180-26 La Costa Land Co. N/A (45) 223-180-25 City of Carlsbad N/A (46) 223-180-08 City of Carlsbad N/A (47) 216-130-43 La Costa Land Co. N/A (48) 216-130-51 La Costa Land Co. N/A (49) 223-010-43 City of Carlsbad. N/A (50) 223-010-28 La Costa Land Co. N/A (51) 223-050-49 La Costa Land Co. N/A (52) 223-010-32 La Costa Land Co. N/A (53) 223-190-01 La Costa Land Co. N/A L'a Costa Land Corp. fl..-.A__ n.1 ij riar Road Ronald Williams Carlsbad, Calif. 92008 7407 Carlina St. Carlsbad, Calif. 92008 Aetna Capitol Corp. c/o Don Woodward City of Carlsbad 4500 Campus Dr. Carlsbad, Calif. 92008 Newport Beach, Calif. 92660 Gregory Garver jGlenn W. Shephara 3136 Verde Ave. 7408 Carlina St. Carlsbad, Calif. 92008 tCarlsbad, Calif. 92008 Thomas EvanceliSt 3138 Verde Ave. Carlsbad, Calif. 92008 John Robbins 7404 Carlifla St. Carlsbad, Calif. 92003 r Jeffrey W. ToraaSOfl 7406 Carlifla St. Carlsbad, Calif. 92008 LO C Ai '. Marcos - / • • • * •Cos.ta. Canyon - Pdk 7 - Pc_ --:- SDG&E. Easement • • -• • - - 4-! IPPUCA3LLA OSTAVALE 237 183AC / 4/ 288® 11 68 AC - — :7) - - iIAC 2.1 AC • . a TAC 2 295 '294 293 3.49ACJ.3SAC 11XI'L 32AC 50 279 ® J 278 1 277 I 5BAC I 50 AC I .70 290 S If V\ 292 Ul 276 ® 275 0 274 0 t 154AC a,) AC D Cp-6 OFUAS . I.- - CASE NO. Date Rec' d U DCC Date :4 I0 PC Date iii LV Description of Request: 1JMI1C. Address or Locati on of . . A Dlicant:_______ _______________ or Arch. ,t Brief Legal: V 4~jL7 10&6 Pa e: Parcel Assessor OOk General Plan Lana Existing ZonC: proposed Zone: - Acres: 0 No. of Lots: School District: Water District:_7 - Sanitation District: Coast permit Area: - -.------.-- \o ) VV dTY NAP - Ci'5E NO.. C 3(A) - IPT(!.i7.LA . CO-STA (t) C Vt . 0 NOTICE OF PUBLIC HEARING CP-36(A) NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, November 17, 1981, to consider an application for approval of an amendment to a residential tentative tract map and condominium permit to construct 336 units on property generally located on Venado and Piraqua Streets, west of Cadencia in the P-C zone and more particularly described as: Lots 274 through 289 and Lots 291 through 295 of Carlsbad Tract 72-20, Unit No. 2, in the City of Carlsbad, County of San Diego, according to Map No. 7779, filed October 26, 1973. APPLICANT: La Costa Vale, Ltd. PUBLISH: November 4, 1981 CARLSBAD CITY COUNCIL ; I 0 L\t j / -_-.1 Corona La Costa Home- Owner's c/q Loomis Company P.O. Box 1068 Oceanside,Ca. 92054 . Merle Sims 7408 Brava Street Carlsbad, Ca. 92008 Occupant 7408 Brava Street Carlsbad, Ca. 92008 Ronald & Debra Williams 7407 Carlina Street Carlsbad, Ca. 92008 Occupant 7407 Carlina Street Carlsbad, Ca 92008 OTTCi OF pUuLIC NO ICE IS HEBY Gwit1 thr the Plai.hrj C -nissicn of Lh Ci o Clohd will hold a coblic 1cil Ci •'::ars, 11 3 l: ?veriu:, Carlsbad, Clifornin nl. 7:00 t. on to consider accroval of an aal eni Lo a nia1 :ve trnct. i'ap and codoviiniun ptaiiL bo cnn"c[ 35 units on :rc t'1 er:erlly located on Venndo and Pftaqua S:ees, particularly nescribed as: eat of Cadencia in the ?--C zone od ;'ore Lot 274 through 209 an3 LotS 291 through 295 of Carlsbad Tract 7220, Unit ha. 2, in the city of CarJ.bed, conty of San Diego, aocordir to T4ao 0o. 7779, filed Octber 25, 1973. Those patrons w:Lsbincj to s no this p:conoal are cardially inited to attend the public hain. 10 yOU ha'e Cr! questions :2le call the Planning Departi.ent at 433-5591. CASE FILE: CP-36(A) APPLICANT: La Costa Vale, Ltd. PUBjISH: October 17, 1931 CITY OF CkLSBAD PLt\7NING OYHISSCC 'Ernest & Diane Waiski 3204 Fo'sca Street Carlsbad, Ca. 92008 • Occupant 0 3201 Fosca Street Carlsbad, Ca. 92008 Robert & Susan Trivison 2006 Marlin Way Newport Beach, Ca. 92660 Occupant 3203 Fosca Street Carlsbad, Ca. 92008 Aurthur & Laura Benvenuto Occupant 3205 Fosca Street 3205 Fosca Street Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 La Costa Land Co. Costa Del Mar Road Carlsbad, Ca. 92008 Corona La Costa Homeowner Assn.c/o La Costa Land Co Costa Del Mar Road Carlsbad, Ca. 92008 Glen & Andrea Shephard Occupant 7408 Carlina Street 7408 Carlina Street Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 Jeffery & Barbara Occupant Toraason 7406 Carlina Street 7406 Carlina Street Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 Bonnie Lowry Occupant 7404 Carlina Street 7404 Carlina Street Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 Thomas E. Evangelisti Occupant 3138 Verde Avenue 3138 Verde Avenue - Carlsbad, Ca. 92008 : Carlsbad, Ca. 92008 Gregory & Laura Garver Occupant 3136 Verde Avenue 3136 Verde Avenue Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 Aetna Capitol Company c/a The Woodward Company 5100 Campus Drive Newport Beach, Ca. 92660. . NOTICE OF PUBLIC HEARING CONDOMINIUM PERMIT 36 NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing on Tuesday, June 3,1980 at 6:00 P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, to consider approval of a 243 Unit Condominium Development on property generally located on Piragua and Venado Streets in La Costa and more particularly described as "Lots 274 through 289 and 291 through 295 of Carlsbad Tract 72-20 (La Costa Vale Unit No. 2) according to Map No. 7779 filed in the San Diego County Recorder's Office October 26, 1973." APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO, INC. PUBLISH : May 24, 1980 CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEAR.TLIIG NOTICE IS HEREBY WEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, May 14, 1980, to consider approval of a 243 Unit Condominium Development on property generally located on Piragua and Venado Streets in La Costa and more particularly described as: Lots 274 through 289 and 291 through 295 of Carlsbad Tract 72-20 (La Costa Vale Unit No. 2) according to Map No.7779 filed in the Office of the San Diego County Recorder on October 26, 1973. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call 438-5591. CASE FILE: CP-36 APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO,'INC. PUBLISH: May 3, 1980 CITY OF CARLSBAD PLANNING COMMISSION 2 06 AC • •• . . . • >t•_. - - .. .. 2 \113;uIt .43 h :\ 293 1 .10 16 5LAC 278 1.50 k6JAC 280 0 279 0 2778 276,:IiiTte CP--h OLS • City of Carttrnb 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 p. SHAPELL INDUSTRIES OF SAN DIEGO,. INC., 3272 Rosecrans Streè1' San Diego, CA 92110 • Li.. L. • . • S • • 4 • • I 5: • .• • .•• • • • • •••:. • S • • • 4 • • ••: S .4 / / La Costa Land Corporation Costa El Mar Road Carlsbad, California 92008 Aetna Capital Corporation c/o Don Woodward 4500 Cartpus Drive Nport Beach, California 9266 Gregory Carver 3136 Verde Avenue Carlsbad, California 92008 Thomas Evancelist 3138 Verde Avenue Carlsbad, California 92008 John Ithbins 7404 Carlina Street Carlsbad, California 92008 Jeffery W. Toraason 7406 Carlina Street Carlsbad, California 92008 Ronald Williams 7407 Carlina Street Carlsbad, California 92008 Glenn W. Shephard 7408 Carlina Street F Carlsbad, California 92008 I g. 7 CP-36 NOTICE OF PUBLIC HEARING .NOTTCEIS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, January 9, 1980, to consider approval of 196 Unit Con- dominium on approximately 40.8 acres on property generally located on the east side of El Camino Real between La Costa Avenue and Alga Street, and more particularly described as: Lots 274 through 289 and 291 through 295 of Carlsbad Tract 72-20 (La Costa Vale Unit No. 2) according to Map thereof No. 7779 filed in the office of the San Diego County. Recorder on October 26, 1973. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.' earing If you have any questions please call 438-5591 and ask for the Planning Department. APPLICANT: Shapell Industries of San Diego, Inc. PUBLISH: December 29 1 1979 CITY OF CARLSBAD PLANNING COMMISSION 1- CP--6 OF4ELLAS ' Thomas Evancelist Ronald Williams 3138 Verde Ave. 7407 Carlina St. Carlsbad, Calif. 92008 Carlsbad, Calif. 92008 7404 Carlina St. John Robbins City of Carlsbad Carlsbad, Calif. 92008 Carlsbad, Calif. 92008 Glenn W. Shephard Jeffrey W. Toraason ariina 7408 Carlina St. Carlsbad, Calif. 92008 Carlsbad, Calif. 92008 La Costa Land Corp. - La Costa Land Corp. Costa Del Mar Road Costa Del Mar Road Carlsbad, Calif. 92008 Carlsbad, Calif. 92008 v-I \ :kj H Gregory Garver Aetna Capitol Corp. 3136 Verde Ave. do Don Woodward Carlsbad, Calif. 92008 4500 Campus Dr. Newport Beach, Calif. 92660 I7' /', Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication 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 principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the NOTICE OF, PTJ'BfIC notice hereinafter referred to; and that the notice HEARING - - of which the annexed is a printed copy, has been I.NOTICE lSi3EREBY GIVEN, that the published in each regular and entire issue of said F planning Commission of the City of Carlsbad will hold a public hearing af newspaper and not in any supplement thereof on the City Council Chamkers, 1200 Elm the following dates, to-wit Avéhue, Carlsbad, Clifornia, at 7:00 P.M on'We'dnesday, My 14, 1980, to considerapprOVal of a 243 Unit Con- dominlunl Develdpipent on property 'geneial1y1ocated o,vPiragua and Ven- 80 ado Streets in La Costt gnd May 3 more par- ......1 9 . ticularly described as.,. Loth274 through 289,and 291 through 29g of COrisbad Tract 72.50 (La Costa Vale Unit-No. 2)-according to l!ap No. 779filedinthe-Offi'c0'Ofthe San Diego 1 9 County Recorder on October 28, 1973. Those persons wishing to speak on this proposal 'are cordially invited- to attend the public hearing. If you have any questions please-call 438.5591, Case File: CP-36 Applicant: SHAPELL INDJJSTRIES OF SAN DIEGO, INC. CITY OFCARLSBAD - PLANNING-COMMISSION- CS S580: 'May 3,1980 .................................19 . ........................19.... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carl sba Couzjtlpf San Diego, State of California urie 71 U day of May 1980 1 / Clerk of the Printer 2M/5-79 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication JAN 3 1980 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF CARLS2A Planning Drmk 111. 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 principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on N0TTCFMF PUBLIC the following dates, to-wit: 2M/5-79 - HEARING CP-36 NOTIdE IS.HEREBY GIVEN that the December. 2919 79 Planning-Conmissipn of the City of Carlsbad Will hold a public hearing at the City Council Chambers, 1200 Elm 'Ayenue, Carlsbad, California at 7:00 P.M. on Wednesday, January 9 1980, to 1 9 cdnsider appcwal of I96 Unit Coil- .................................. domiium on approximtely 40.8 acres on. proper' tenetally located on the Realbetween La east sdg olEtCainino Avenue Alga Staeet, Costa and and more .particularty described as: .................................. 1 9 . Lots 274trough 289 and 291 through 295 df c'aiisbsT.rgct 12-20 (La Cpsta Vale Unit Noi1,4dcording to Map thereof No. 7779Tied inthe office ofthe San Diego CountyEecsrderon Octdber ] 9 26. 1973. - Those persons wishing to speak on this proposal-are cordially invited to at- tend thepublic hearing. Ifyou have any questions please cl1438-5591 and ask for the Planning Dpsrtmeht. Applicant: SHAPELLINDUSTRIESOF SAN DIEGO, INC. CITY OFCARLSBAD PLANNING COMMISSION CJ S650: December 29, 1979 - I certify under penalty of perjury that the foregoing is true and correct. Executed $ QrIsbad, County of San Diego, State of California on —th day of)r.rnhr 1979 0 Clerk of the Printer 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: - V V (714) 729-1181 QCitp at Cadgbab V. V •V NEGATIVE DECLARATION V V V V VVi: V V PROJECT TITLE: CONDOMINIUM PERMIT PROJECV LOCATION: EasE side of El Camino Real btwn La. Costa Avenue and VV V Alga Road, and Piragua Street, west of Cadencia Street. V V V V V V V PR0JECr DESCRIPTION: The proposed project involves the construction of a V 196 unit of the units will be detached, V with access off of private driveways. V The rivVallrivewctyWifl, lu turn, Lake access UCf of .Lt11e iiaqua • or Venado Streets. The project would be constructed in four-phases, since the apllccuL has. raca-±Ved o.uly -50 sawer hookups, at this Liiut. V Th project grading and lot formation was approved.in conjunction with a V LLiLLed EV L.ULc.1 LtipcL ReOj. L (EIRNo. 3)-. Iii addition" V tile V • EIR determined that no significant archaeological or historic resources "fLteuL :u the yards ukadd±na1 • grading is proposed. This.additional grading will be limited toVpreviously distarbeect, ciTd would Erk_JL. San Marcos Canyon or any environmental resources. DF()JC'1 PROPONENT: - Shapell Industries LOG NO: 627 0 V PEWIT/FILE 1O: CT 72-20/CP-36 V The City of Carlsbad has conducted an envircnrrntal review of the above described, project: purusaric to the Guidelines for Implementation of the California Environmental Quality - Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a draft Negative Declaration (Declaration, of Non-Significant. Impact) is hereby issued for the subject project. .• Justification for t:his action is.en file in the V Planning Department, V V •V V - A copy of the Negative Declaration with supportive dotunents is on file in the Planning Depar tmert, City Hall, 1200 Elm Avenue, Carlsbad, CA. Coicmarits from the public are ip jitcn Plc submit ccrent m writin ,. to the P1 nmg (crci c ;io wiLlirn hive (5) days of care of 0llcatic1 DECEMBER 22 , 1979 VV) •1 / DATED: SIGNED: C. FAQ AAN' / PLANNING DIRECI'OR( // CITE OF CAFIS1IAID' 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 $ : TELEPHONE: • . . . (714) 729-1181 (City of earWbab NEGATIVE DECLARATION . . • PROJECr TITLE: CONDOMINIUM PEIT . . PRQJECE LOCATION: EasE side of El Camino Real btwn La. Costa Avenue and Alga Road, and more speciflcal]LyflcQmpaSsiflg lienado Streets aid. Piragua Street, west of Cadencia Street. PROJECT DESCRIPTION: The proposed project involves the construction of a 196 unit -L11• of the units will be detached, with access off of private driveways. or Venado Streets. The project would be constructed in four phases, since the ctppliectnt hcis.ieive& only 50 sewer hookups at Lhi LiLue. 'rhi project grading and lot formation was approved in conjunction with a ertif led EUV LLnL1LLLpcLLL RepciiL (EIR No. 35) - In addtttoii, the EIR determined that no significant archaeological or historic resources Waxe! presucrat an the _y 60,088 uab±c ycLzd: of Lional grading is proposed. This additional grading will be limited topreviously -diSLULIJer.1 cLcW1 and would nut ieuiL in ally sijniricuiL iiu&CLb Lci Lhe San Marcos Canyon or any environmental resources. PROJECT PROPONENT: Shapell Industries LOG NO: 62 . • PffT/FILE NO: CT 72-20/CP-36 The City of Carlsbad has conducted an environmental review of the above described project prusant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance '& the City of Carlsbad. As a result of said review, a draft Negative Declaration (Declaration of Non-Significant Impact) is hereby issued for the subject project.. Justification for this action is en file in the Plthming Department,, . . •. . A cony of the Negative Declaration wtth supportive documents is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Ccimnts from the public are invited, Please submit ccmrerits in writing to the Planning C rrdaion within five (5) days or date ?t1cat1cn DECEMBER 22, 1979 DATED: 12 - / • SIGNED: ____________ 1\ a-NLANI AIq // PLANNING DIRECIDR.( ' CITY OF CAPISIIAD' INITIAL STUDY SUMMARY DATE: December 12, 1979 TO: James Hagaman, Planning Director FROM: Brian Milich, Assistant Planner ' SUBJECT: EIA NO. 626; 196 UNIT (DETACHED) CONDOMINIUM - DEVELOPMENT ON PIPAGUA AND VENADO STREETS, LA COSTA. (CP-36) DISCUSSION The proposed project involves the construction of a 196 unit condominium development on a 40.8 acre site in La Costa. All of the units will be detached, with access off of private driveways. The private driveways will, in turn, take access off of either Piragua or Venado Streets. The project would be constructed in four phases, since the applicant has received only 50 sewer hookups at this time. On June 5, 1973, the City Council approved a specific plan (SP-38) and tentative map (CT 72-20) for 254 residential lots, permitting a maximum of 1987 dwelling units. The subject property was included in these approvals. The applicant's site was divided into a total of 22 lots and designated for multiple family (condominium) development, with a maximum density of 11 du/ac. In conjunction with SP-38/CT 72-20, an environmental impact report (EIR No. 35) was certified by the City Council. This EIR addressed the subdivision and grading of the subject property. The EIR listed several mitigating measures necessary to minimize potential environmental impacts, primarily to the San Marcos Canyon. These included grading limitations, preservation of natural vegetation, and an open space easement. Some of these mitigation measures were included in the approval of CT 72-20. In addition, the EIR determined that no significant archaeological or historic resources were present on the site, including the subject property. The final map was approved, and the applicant proceeded to grade the lots and install streets, curbs and gutters on the subject property. This current environmental assessment is for additional grading and pad preparation, and the construction of the 196 condominium units. As the property is presently graded, the lots drain away from the street towards the rear of each parcel. The applicant feels that this is undesirable and is proposing a regrading of the lots to direct runoff onto the streets I This will require approximately 60,000 cubic yards of additional grading. This additional grading will be limited to previously disturbed areas, and would not result in any significant impacts to the San Marcos Canyon or any environ- mental resources. As proposed, the project would result in a density of 4.8 du/acre. This is considerably less than the 11 du/acre approved under CT 72-20 and addressed by the environmental impact report. While this raises some questions from a planning standpoint, it would not result in any significant environmental impacts since the infrastructure necessary to handle a higher density has already been constructed. Since the site has been previously disturbed, staff feels that the current proposal, as conditioned below, would not result in any significant impacts. Recommendation It is recommended that a CONDITIONAL declaration of negative environmental impact be iii-su66 7With regard to the project based on the following justification and subject to the following conditions: Justification 1) The project grading and lot formation was approved in conjunction with a certified environmental impact report (EIR No. 35). Measures to mitigate potential impacts created by the subdivision and grading were included as conditions of approval. 2) No significant historical or archaeological resources were discovered based on a thorough investigation of the site. 3) Although a substantial amount of additional grading is proposed, this grading will be limited to previously disturbed areas and will not affect the San Marcos Canyon or any significant environmental resources. 4) The density of the project is considerably less than the density permitted by CT 72-20/SP-38 and considered by EIR-35. 5) Some of the infrastructure necessary to handle a density of development higher than that which is proposed has been constructed; 6) Conditions which further mitigate potential impacts have been included as part of this negative declaration. -2- 0 I Conditions 1) The applicant shall limit all grading activities to previously graded and disturbed areas. 2) All grading and land clearance operations shall be subject to the review and approval of the City Engineer. The applicant shall obtain and strictly abide by an approved grading permit. 3) In order to reduce human and domestirc aninal impacts on the San Marcos Canyon, the applicant shall erect a minimum 42 inch high fence for the length of the project along the San Marcos Canyon rim. This fence shall be placed at the top of the Canyon (located entirely outside of any undisturbed natural areas), posted OT with "Danger/Keep Out" signs, and the fence shall not be visible from the Canyon. Access to the San Marcos Canyon shall be limited to Lot 290. BM:ar -3- ENVIRoNMENTAL IMPACT ASSESSMENT ORM Receipt No. E 1 NO. Date: Name Addre Permi Case Nos.: -W /p3 V Location of Proposed Activity: EAST SIDL-TOFEL C,4/l'lINO IZEAL 8&rwE/.w LA COSTA AVE f ALGA ST -.; MORE SEE1F(C/ILLY £AX/l4PAS5/A.I6 VEIIJ4DO sr P/f?A GO/I ST WEST OF= C/WEAl C/A ST V BACKGROUND INFORMATION V l... Give a brief description of the proposed activity (attach any preliminary development plans). VV V RES'JIEArTJ L C'oIt/D 044 IN/UM 5 V V V 2. Describe the activity area, including distinguishing V natural and manmade characteristics; also provide precise V slope analysis when appropriate. EXf5T/A1 MANMADE PADS PER /7?()CT ks 72-20. MINOR GRAD/1u6 PROPOSED. : 3. Describe energy conservation measures incorporated into the design and/or operation of the project. 1AJ3UL/-ITION ) W//VIZIW ORIEAIT/4T/OAI, 4/tIL) STAND/?RD I51)/LD/A/6 PR/I CT/CES. FORM 44, Page 1 of 4 V PLANNING.V V V .• ENVIRONMENTAL IMPACT ASSESSMENT FORM II. Environmental Impact Analysis . Answer the following questions by placing a check in the appropriate space. - Yes No. 1. Could the project significantly change present land uses in the the vicinity of activity? 2. Could the activity affect the u.se of a. recreational area, or area of important aesthetic value? 3. Could the activity affect the functioning of an established community or neighborhood? • 4. Could the activity result in the displacement of • community ,residents? • / v- 5. Are any of the natural or man-made features in the activity V V area unique, that is, not found in other parts of the • County, State, or nation? • • 6. .Could the activity significantly affect a historical or archaelogical site or its setting? 7. Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural res- • - • ource? • ____ ____ • 8. Does the activity area serve as a habitat, food source • • nesting place, source of water, etc. for-rare or endangered wildlife or,-fish species? • _____ V V • 9. Could the activity significantly affect fish,-wildlife or • • plans life? • V - V _____ • V V4 / 10. Are there dny rare or endangered plant species in the V • - - -. activity-area?. . •:- • 11. Could the activity change existing features of any. of the city's lagoons, bays, or tidelands?- 12. Could the activity change existing features of any of the City's beaches? V _____ • - • 13. Could the activity result in the erosion or elimination - V of .agricultural lands? • • 140 • • Could the activity serve to encourage development of • - ..presently undeveloped areas or intensify developmeht • / of already developed areas? • V V FORM 44, Page 2 • • - V V • es C 0 No • 15 Will the activity require. a variance, from established environmental standards (air, water, noise, etc)? •. . ._____ / " 16. Will the activity require certification, authorization or issuance . of a permit by any, local, State or Federal environmental control . agency? . . 17. Will the' activity require' issuance of a variance or conditional V /'. ' . • ____ use permit by the City? :, 18. Will the activity involve the application, use, or disposal of potentially hazardous materials?, 19. Will the activity involve construction of facilities in a flood ' • '. ' 'plain? 20. Will the activity involve construction of facilities on a slope of 25 percent or greater? 21. Will the activity involve construction of facilities in the ' S area of an active fault? •' :. .. • .- ____ ____ • 22. Could the activity result in the generation of significant - amounts of noise? 23. Could the activity result in the generation of significant ' 'V V ' amounts of dust? • 24. Will the activity involve the burning of-brush, trees, or other materials? . . • '_____ • 'V V .25. Could the activity result in a significant charigein the quality 'of any portion of the region's 'air or water resources?' • . (Should note surface, ground water, off-shore). " V • 26. Will there be significant change to existing land form? " (a) -indicate estimated grading to be done in cubic yards.. 60 470", • ' c J41oco) ' ' (b) percentage of alteration to the present land form. ' 2$ (c) maximum height of cut or fill slopes. .£'.t' .27. Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? III. State ofNoSignificantEnvironmentalEffects • If you have answered yes to one or more of the questions in Section II but you - think the activity will have no significant environmental effects, indicate'your • reasons below: •FORM 44, Page '3 of 4 • e IV: Comments or Elaborations to Any of the Questions in Section II. (If additional space is needed for answering any questions, attach additional sheets as may be needed.) • Signature "( (Person completing report Date Signed: A40-11 197 Conclusions (To be completed by the Planning Director). Place a check in the appropriate box. ( ) Further information is required. ( ) It has been determined that the project-will not have significant environmental effects. ( ) You must submit a preliminary environmental impact statement by the following date. - ( ) You should make an appointment with the Planning Director to discuss further processing of your project, in accordance with Chapter 19.04 of the Municipal Code. DATE RECEIVED: BY or, 7 •• V. Revised December 22, 1978 FORM PLANNING 44 Page 4 of 4 S MEMORANDUM 1/ DATE: May 14, 1980 TO: Planning Commission FROM: Brian Milich, Assistant Planner SUBJECT: CP-36; 243 unit condominium development (Shapell Industries of San Diego, Inc.) This project was continued from the Planning Commission's April 23, 1980, meeting in order to provide time for staff to evaluate the need for a new tentative map for the development. Specifically, since all phase lines did not coincide with existing property lines, and five of these existing property lines intersected proposed units, it was felt that a new tentative map might be necessary to alleviate these problems. The applicant has revised the site plan (see Exhibit A, dated April 21, 1980) in order to bring the phase lines into conformance with the existing property lines. With regard to the lot lines that intersect proposed units, staff believes that a tentative map is unnecessary and that these lot lines can be modified so they don't intersect the units by adjustment plats. Since the lots have been designated as condominium lots by CT 72-20, and all necessary public improvements and development controls can be regulated through the condominium permit process, the city would not benefit by requiring the applicant to prepare a new tentative map. However, a condition of approval (condition no. 8) has been included which requires the filing of adjustment plats to modify those lot lines which intersect units. Also, it should be noted that the application has been renoticed due to the number of continuances, and since the project's design has been significantly modified. Recommendation It is recommended that the Planning Commission adopt Resolution No. 1629, a APPROVING CP-36, based on the findings and subject to the conditions contained therein. Attachments Revised Staff Report dated May 14, 1980 PC Resolution No. 1629 VAIL 0 I MEMORANDUM DATE: TO: FROM: May 5, 1980 City Engineer Planning Director City Attorney toe.-e ~- SUBJECT: CP-36 -- 243 Unit Condominium Development Proposed by Shapell Industries of San Diego, Inc. This memorandum is intended to formalize our oral opinion given at various times over the last couple of weeks since the April 23, 1980 Planning Commission meeting. It continues to be our opinion that the project, as outlined in the May 14 , 1980 revised staff report from Brian Milich to the Planning Commission, is a subdivision under the provisions of the Subdivision Map Act in Title 20 of the Carlsbad Municipal Code. In formulating our opinion we have discussed the situation with the Department of Real Estate, attorneys for several cities in the County, and with the developer. Even though the applicant has revised his phasing plan to make the phase lines correspond to the existing lot lines, the proposed project is nevertheless a subdivision for which the filing of a tentative map is required. We recognize that under the circumstances of this particular case, given the fact that a final map has been filed for the project area (CT 72-20) and that all major public improvements have been installed and necessary fees paid, the filing of a tentative map for the proposed project may be a mere legal technicality. It is our understanding that you have decided to allow the project to proceed based on the old final map, coupled with the filing of several adjustment plats, to eliminate certain property lines. While such action is contrary to our advice, we. feel the position you have taken is supportable based on your conclusion that filing of a new tentative map would serve no significant public benefit and is not necessary to protect the interests of the city or future property owners. The applicant should be advised that the decision by the city in no way guarantees that the proposal will be approved by the Department of Real Estate. It may be that the Department of Real Estate will allow the project to proceed as proposed. However, the Department of Real Estate may also find that a tentative map was required and demand that the applicant resubmit the proposal to the city so that a tentative map for the new project can be processed. If you would like us to outline the various reasons why we think that a tentative map is legally required for this pr ett) please et us know. VMCENT F. /BION 12 DSH/mla s1 City Attorney 10 MEMORANDUM FILE CoU"rP DATE: April 23, 1980 TO: Planning Commission FROM: Brian Milich, Planning Department SUBJECT: CP-36; SHAPELL INDUSTRIES OF SAN DIEGO, INC. As the Planning Commission will recall, this project was continued from the March 26, 1980, meeting to allow design modifications to the project. Originally staff determined that a tentative tract map was not required for the proposed condominium development since a previously approved tract map (CT 72-20) had designated the subject property for condominium development. Therefore, a condominium permit was the only required permit. As staff developed conditions of approval for the revised plans, it became apparent that a number of the lot lines established under CT 72-20 would have to be modified or eliminated entirely in order to avoid bisecting dwellings and to coincide with phase lines. As a result of these changes, staff has determined that a new tentative tract map is legally required. Recommendation It is recommended that the Commission CONTINUE this project to the next regularly scheduled meeting (May 14, 1980), in order to allow the applicant time to prepare a tentative tract map and that the project be renoticed as both a condominium permit and a tentative tract map. BM:ar 4/18/80 0 MEMORANDUM (ID DATE: March 26, 1980 TO: Planning Commission FROM: Brian Milich, Planning Department SUBJECT: CP-36 (200+ UNIT CONDOMINIUM DEVELOPMENT, SHAPELL INDUSTRIES OF SAN DIEGO) The proposed development was originally heard by the Planning Commission on January 9, 1980. At that meeting, staff and the Commission raised a number of concerns relating primarily to the design of the development. As a result of these concerns, the project was continued to the February 13, Planning Cow.-mis- sion meeting. At the February 13 hearing, the applicant submitted revised plans to the Commission. These plans showed the redesign of approximately 50 units to an attached 4-plex design. While the Commission indicated that the applicant appeared to have improved the project's overall design, the Commission felt that much of the project still represented a sub-standard single-family sub- division and that the recreation area was not appropriately designed. Therefore, the project was continued to tonights meeting in order to allow the applicant additional time to work with staff on a redesign of the project. During the interim period, staff and the applicant have been working toward a resolution of the major design issues. The applicant has submitted preliminary plans for staff's review and, in general, they represent an improvement in the project's overall design. However, all of the issues have not yet been resolved and the plans are therefore not ready for submittal to the Commission. Therefore, the applicant, with staff's concurrance, is request- ing a continuance of the project to the April 23rd meeting. Recoin1iendation Staff recommends that the Planning Commission continue CP-36 to their April 23, 1980, meeting. EM: ar 3/21/80 • (This side for City Attorney's Office use) Preparec. by: - \)EA Date; WRITTEN MEMORANDUM. OPINT ORAL Brief Resume of Advice :Rendered--If Written, Attach Copy orMake' Referer I I PJf\3 5ob\'W1 f5 Sjj6, ri- co,o-Q. : - • • (J'\v 1iAV 'Pc •o MoQ 10• 111 AP • • • • • cqç1 11 frU,fj : •' CO1 Q A O/ 4CoLyVcIL coSo T Do _jj Vzq6s AN P Y46 C4 Ilk Ll NAYj vv M C 41 06 Q WA M tip C MAP OJ MO V €PJ Me P~wl AAlZ 41A., pp p ol, Nqwb Aso4s. It AkL- O Gf P kAv,\q /p% vv • j c • CAACo \ Q / J j B •o Oil CA U*Pmaer •A -ei City Ivice Noted:- N-i f CITY OF cARLSBAD EST FOR LEGAL ADVICE 01 , .c1fT\. ' I 1 7 (2; TO: CITY_APOIY FROM'IAMES '.C. HAGAMAI'L. DATE: Dece DEPARTMENT: Planning ....... SUBJECT: MODEL HOMES DEVELOPED IN CONJUNCTION WITH PUD '1D CONDOMINIUM PROJECTS. ADVICE REQUESTED: 1) Can six model homes be constructed as part of either :a PUD or condominium project? 2)If the project involves attached units, can more than six models he 'constructed? (This being necessary to provide one example of each unit design.) 1f only six will be used as models, may the other units not used as models be completely constructed? 3) Must all models have sewer? BACKGRÔTJND INFORMATION: . . . . . Add (Prepare synopsis of facts,: giving as many as possible. additional-sheets if necessary or attach supporting documents.) - 1) Sec1on 21 ;45.17O of the PUD chapter states that "A maximum of six iiodél home units may be constructed in a complex if 'approved as part of the Planned Unit Development permit prior to recordation of the final map, provided that adeouate pyoyi.sibns acceptable to the:..-City Attorney aremade guaranteeing removal' f; such:• complex" i •the .fi.nalmap is riot recorded. In conflict with this is-Section 21.60.030 which states that "riot more than four building permits for model homes: .may-beissued for any one proposed subdivision for which a tenta.tivemap haS - béen fully approved by the. City." 2) Broadthoor Horiesii1l be constructing 130 units in conjunction with PUD-8/CT 77_.2.: • .: - (Buena Woods). Since the units proposed äreduplexes, a total of five duplex • . . buildings must be constructed to accommodate the six models. Broadmoor would like to finish all 10 units,. but leave the four additional units empty for the..::: time the six units are utilized as models. (See attached letter, 11/7/79). - 3) Shapell Industries is proposing a 196 unit condominium project. are proposed, but only two will have sewer. Prepared Approved Request Six models DATE NT A" TO BE RE •D - - Richard Hanson, Manager Dr. Robert Crawford, Supt. Leucadia County Water District Carlsbad Unified School Dist. P.O. Box 2397 801 Pine Ave. Leucadia, CA 92024 Carlsbad, CA 92008 Ef John P. Henley Bill Berrier, Supt. Acting General Manager San Dieguito Union School Dist. Carlsbad Municipal Water Dist. 2151 Newcastle Ave. 5950 El Camino Real Cardiff, CA 92007 Carlsbad, CA 92008 -ónald Lidstrom, Supt. - Elf Jack Kubota Encinitas Elementary School I Woodside Kubota & Assoc. Dist. P.O. Box 1095 185 Union Street #' I Carlsbad, CA 92008 Encinitas, CA 92024 San Marcos County Water Dist. John R. Philp, M.D. 788 San Marcos Blvd. Director of Public Health San Marcos, CA 92069 1600 Pacific Hwy. San Diego, CA 92101 ' I William Hollingsworth LI Manager Bruce Warren, Executive Dir. \ Olivenheim Municipal Water Dist. San Diego Coast Reg. Comm. 1966 Olivenheim Rd. 6154 Mission Gorge Rd. Encinitas,, CA 92024 Suite 220 San Diego, CA 92120 Dr. Ralph Kellogg, Supt. San Marcos Unified School Dist. Mr. R. L. Brown, Jr. 274 San Marcos Blvd. San Diego Flood Control Dist. San Marcos, CA 92069 55555 Overland Drive San Diego, CA 92123 IJ Postmaster City of Carlsbad Edwin J. Heimlich F Carlsbad, CA 92008 Federal Housing Admin. P.O. Box 2648 Water Quality Control Bd. San Diego, CA 92112 6154 Mission Gorge Road Suite 205 County Transit District San Diego, CA 92120 \- P.O Box 1998 Attn: Arthur Coe, L_J Oceanside, CA 92054 Charlene Dennis, or c/o Paul Price Peter Silva FOR INFORMATION San Diego Gas & Electric Don Brown 101 Ash Street Carlsbad Chamber of Mailing: P'O. Box 1831 Commerce San Diego, CA 92112 Elm Avenue Carlsbad, CA 92008 Pacific Telephone Co. Right-of-Way Dept. Bruce Eliason 4838 Ronsons Court Dept. of Fish & Game San Diego, CA 92111 350 Golden Shore Long Beach, CA 90802 California Div. of Real Est. 107 S. Broadway, Room 8107 J. Dekema Los Angeles, CA 90012 Dist. Dir. of Trans. P.O. Box 81405 CITY PERSONNEL San Diego, CA 92138 Eli] WATER DEPARTMENT FIRE DEPARTMENT I ZtI1 UTILITIES DEPARTMENT PARKS & RECREATION DEPARTMENT BUILDING DEPARTMENT VW ENGINEERING DEPARTMENT Li] El Form Planning 53 T. C. Martin Programs & Budget Engineer State of California Dept. of Transport. District 11 P.O. Box 81406 San Diego, CA 92138 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 D-U 4&tS S LOfty / TELEPHONE: (714) 7291181 Qtitp of Cavtba February 28, 1979 SHAPELL INDUSTRIES 3272 Rosecrans Street San Diego, Ca. 92110 Attention: Mr. Bob Ellis Re: Monarch Terrace (Vale II), Revised Plan dated Nov. 9, 1978 L Mr. Ellis: Evidently you had a meeting with Don Rose of the Carlsbad Planning Department on January 23, 1979 and raised some questions on the subject project. Don promptly drafted a response to your questions and submitted for my review. I held this response pending further review because 1 wasn't satisfied with all of the answers on Don's draft. Unfortunately, Don has left the employment of the City and we may loose some continuity of plan review. This may be the case at this time as I attempt to answer the questions you asked Don. Regardless, any answers I may give to your questions must be. supportable by the City and that's why I have done a full review of the matter. The first questions you asked Don were: 1. Would the City allow computation of total units on gross acreage rather than net acreage, thus providing for an increase in the total number of units? I agree with Don in that density will be computed on a gross acreage figure. This means that you can consider the area of the circular public street (Paragua and Venado) in computing the total number of units allowed. You will not, however, be able to exceed the density permitted by the General Plan for the area on an individual parcel. SHAPELL INDUSTRIES February 28, 1979 Page two 2; Would an increase in the total number of units require an amendment to the approved specific plan and a resultant application of the new condominium standards? I assume this question was prompted from Don's letter to Shapell Industries, dated June 30, 1978, indicating condo standards would not be required unless changes were made to the Specific Plan. My problem is that I can't agree with the premise that condo permits aren't required regardless if changes are made or not. I know many man hours by both the City and Shapell went into this project as presently designed, but I can't see how, technically, we can come to any other conclusion. Actually (and hopefully) the new condo permit ordinance will not be a design hinderance, because I believe both Shapell and Don were using the draft ordinance (prior to adoption) as a guide. It will require extra processing however, which you will need to put into your time frame. For what it's worth, I don't think any of us thought that the condo standards ordinance would be adopted prior to Shapell building permits. The City Council did instruct staff to work with Shapell in designing a development based on what we felt was necessary consideration at that time. Now that the condo ordinance is adopted, these standards are what the City has designated as necessary. Dave Abrams, who is familiar with the project will now be the responsible staff person. You may contact either Dave or myself if you have further questions. Sincerely, BUD PLENDER Assistant to the Planning Director BP:ms cc: Gus Theberge Dave Abrams . (Jo,\ MEMORANDUM DATE: January 29, 1979 TO: James C. Hagaman, Planning Director FROM: Bud Plender, Assistant Planning Director SUBJECT: Condominium Permit - Shapell Development, Vale II Recently you and I had a discussion with Bob Ladwig and a would- be developer of the Vale II development. At that meeting I indicated to all there that Shapell who owns the property is not required to apply for a condominium permit because they are grandfathered by their submittal of preliminary building permits prior to the condominium ordinance being adopted. You indicated at that time that that may not be true and the developer added that if it was true for Shapell it should be true for him also. The following day you quizzed me on my statement and why I had made it. I explained that a letter had been submitted to Shapell Industries allowing them to proceed without a condominium permit. I thought at that time that I had wrote the letter, but upon review I find that the letter was written by Don Rose, but he must have reveiwed the concept with me prior to writing it, since I do recall discussion on this matter. Don's letter is attached. He justifies not requiring a condo- minium permit by the fact that the project already has an approved specific plan for condominiums, which differs from my reasoning on "grandfathered". If Don's reasoning holds up then we have no control over any of the development in La Costa that may have condo notes - on tract map or specific plans. The condominium ordinance states very clearly that a condominium permit is required for condominiums. It would seem to me that the specific plan cannot be considered a condominium permit since it does not meet any of the requirements of such permit. It may be a legal question of how valid is the specific plan, but it seems to me that just by adoption of a specific plan does not perclude the developer from meeting all other regulations. It would be like saying that since the specific plan was adopted in 1972, all that would have to be met was the building code require- ments of 1972. Therefore, I suggest that we reverse our statement to Shapell and require that a condominium permit be processed for any project S . Memorandum -James C. Hagaman January 29, 1979 Page Two on these properties. I think the letter should be from either you or Don. The reason should be that "the condominium ordin- ance is now adopted and that at the time of writing the June 30, 1978, letter we thought that either they would have acquired building permits prior to its adoption or the code would provide some flexibility for such permit. However, upon further review we now feel that it is very desirable to have your development meet all of the condominium requirements." However, a great deal of effort has gone Therefore before we draft this letter I situation with Don and Dave. into the present plans. suggest we discuss the i9a,tt BUD PLENDER Assistant Planning Director . . Memorandum January 24, 1979 TO: James Hagaman, Planning Director FROM: David Abrams, Assistant Planner SUBJECT: Monarch Terrace (Vale II) SP-38 Discussion The Shapell representatives met with Don and I today regarding their proposed development in La Costa. They presented a revised plot plan reflecting modifications desired by staff from an earlier submittal. The number of total units indicated on the new plan, however, has been increased from 440 to 511 This increased density is consistent with the General Plan designation for the property (10-20 D.U's per acre), but would exceed the 11 D.U. per acre limit allowed in Specific Plan 38. The Shapell people agreed to reduce the total units for the project to 499. This figure would be 11 D.U.'s per acre, if the loop- street extending through this property was added in the acreage total. If the street acreage was not included in the calculation, the applicant would be required to return to the Planning Commission and City Council for an amendment to the Specific Plan. Recommendation Staff feels the project should be allowed to proceed without ad-i-t-i-o-n-a-l--d±screti-on-aryaction at the 499 dwelling unit total. The Specific Plan for the property indicates 11 D.U.'s per "gross " acre is permitted (excerpt attached). Since the project is well within the permitted General Plan density, and the wording on the approved Specific Plan allows for some loose interpretation, the proposal seems justified. If yc concur with this recommendation, please sign below. Attachment Excerpt from SP-38 Concurrence with the above recommendation James C. Hagaman PLANNING DIRECTOR DA/ar I V11 . . MEMORANDUM DRAFT DATE: SEPTEMBER 9, 1977 [I, TO: PLANNING DIRECTOR FROM: ASSISTANT PLANNING DIRECTOR RE: C&C&R'S - SHAPELL INDUSTRIES (VALE II Gus Theberge of Shapell Industries has submitted copies of the proposed CC&R's for their condominium development in Vale II, (La Costa). In addition he has sent us copies of calculations for building plans. You asked me to review these CC&R's to see if everything was in order and if we wished to add me to them. Also we have received a memorandum from the City Attorney that indicates that an ( agenda bill is to be prepared for the City Council meeting of September 20th to '-pprove the CC&R's. Since changes appear to be required, any approval given on the 20th would have to be conditional. I, therefore, suggest that an agenda bill be prepared that explainswhy this action is before the counci and the changes that staff suggests. C. i. (S/L' 'J F_u.e This memorandum the basis of the agenda bill.. is The first question I have on Mr. Theberge mittod 44-1-m k statement that the CC&R's are in skeleton form. I don't no what skeleton CC&R's are, but as sub- mitted it appears to be complete to me If not, then we should not be going forward with so called skeleton C.C.&R's, but require that the final copy be submitted as soon as possible and that this item be placed at a later council date. Also, Mr. Theberge sends two (2) sets of the calculations of the building plans aIrrjwith 6he •GO&' I see t4effl-itt no relationship to the CC&R's. It is possible that I might have misssed something in the previous meeting thatwent to. ;44yAre the calculations important to us at this time, If not, _-U_--re h em LI ierprr±. .1 S . PARAGRAPH III DEFINITIONS (e) "Restricted Common Area" Evidently the project will have restricted common areas for private use. I see no problem with this concept if such private area is used as a patio or an enclosed private yard. However, if the private area is so divided that the property appears as a single-family detached house, wIi.&t individual front and side yards then . - -/ , . I believe a problem will occur in the maintenance, -ark4nrj ro6trictionti i1. PARTITION PARAGRAPH FIVE (C) A typographical error of San Diego instead of Carlsbad. I am not sure I understand 1ie subparagraph "C" —thability to partit4-. However, I believe it should be clear that the them&s. may not be further divided without meeting future city requirements for building codes and parking and also have City approval through site plan review. PARAGRAPH 23, USE OF CONDOMINIUM - Subparagraph "F" indicates that storage and parking shall be permitted only in esignated lOcations in the common areas. I believe that a statement should be added hat parking is not permitted in any drive approach that is less than 20 feet in 01-11 distance from the front of the garage door to the curb of the private drive. Also, there shall be maintained a parking clear area in the turnaround of the cul-de-sac and hammer-head backup areas. PARAGRAPH 27, ADDITIONAL USE RESTRICTIONS AND DESIGN CRITERIA - SUB-PARAGRAPH "A" PARKING: -term used in this paragraph is "offstreet parking". This may b -_-como confusion since the driveways may be considered streets to some people. Also, the parking that we are attempting to create in the development are for visitors, therefore I ViMor believe the term should be "Special decl-op.d designated,arking". These are the only.iL4"@ca-o I would suggest to what has been submitted. However, I believe additions should be considered that do the following: 1) Require association maintenance of all front yards t464 extend. rom the curb a4lst i' 't4t '- of the private drives or ae streets to the face of Aw@444rig units. Also, .2 . . common maintenance of all banks, common recreation or other common open areas should be maintained 'by the association. 2) The CC&R's should contain provisions for the een -strwtion-wr maintenance of the private park that has been designated on : 8P-38 and the subdivision map. 3) Even though La Costa claims they have restrictions for RV, I believe the CC&R's of this development should also contain such restrictions. This will insure that no matter what La Costa may do with their CC&R'S, this development would maintain these restrictions unless approved otherwise by the City. Such restrictions are necessary for this project because of the lack of spaces to store R-V's. Because of the time constraints this was' a rapid review. I believe I have 4t4 the most blatant problems and further refinement could be done next week after your agenda bill review. If you are satisfied and wi ;h to comply with the City Attorney's suggestion of the September'20th meeting, let me know and I will prepare this/report in-4 agenda bill format. Memorandum from City Attorney dated, September 8, 1977 Letter from Shapell's Attorney (Frank L. Asaro) dated, Sept. 6, 1977 C. C. &R' s Calculations .3 MEMORANDUM DATE: August 2, 1977 TO: Planning Director FROM: City Attorney SUBJECT: La Costa: John Stanley's memo to Fred Morey - July 20, 1977 Condominium Development in areas approved by specific plan According to the attached, Stanley says the CC&R's were to control the development. He must mean that 'there was an approved set of CC&R's at the time the Tentative Map was approved as opposed to the set submitted now by the Homeowner's Association. Did we in fact approve CC&R's for the Tentative Map? If so, is what they are proposing consistent with them? \ VINCENT F. BIONDO, JR \ - City Attorney VFB/mla Attachment IN AUG -2 1977 I CITY OF CARLSBAD Planning Department I _c CIV JJ DATE: JULY 27, 1977 TO: CITY COUNCIL FROM: City Manager JUL28 1977 CITY OFCARSBAD PJannjn ent SUBJECT: CONDOMINIUM DEVELOPMENT - AREAS APPROVED/SPECIFIC PLAN Recently, the Planning Department brought two projects to my attention in La Costa which they thought were proceeding with development plans contrary to the original intent of the City Council. They also expressed their concern that there were additional areas within the City that this could occur. The first 50 units in Vale III have been approved. This approval was given because they met all the legal require- ments and further, the staff worked with the developer for some time before bringing the matter to my attention. During this period of working with the developer, he went to the extent of preparing all plans necessary up to the point where he was ready to submit for his building permit. On the larger project referred to in the Planning Depart- ment memo, Vale II, the developer has brought in preliminary plans but staff has placed him on notice that we have con- cerns and have not encouraged him in any way to expend additional monies to move ahead. The problem is that he has met or is in the process of meeting all legal require- ments. As the attached memo points out, those requirements are not great. Except for the one or two problems that are pointed out in the attached memo, the staff has not taken the position that the developments are bad. In fact, some small lot developments can be excellent. They are only pointing out that without adequate standards, bad develop- ment could occur and we should certainly move ahead to correct the problem for the future. The staff will schedule a report and make formal recom- mendations concerning this matter as the present work schedule permits. If however, any member of the Council is concerned with the present Vale II project which we are temporarily holding up, they should bring the matter to my attention immediately and we will place it on the Council agenda. If I do not hear from anyone within the next week (thru August 5), I will then notify the applicant that we will process his development, routinely. PAUL D. BUSSEY a City Manager PDB: ldg Att. MEMORANIUM DATE: JULY 8, 1977 TO: Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director RE: Condominium Development In Areas Approved by Specific Plan INTRODUCTION: Recently the City has received plans for detached single family units on lots approved by Specific Plans for condominiums. They appear to be classic examples of the type of development that the City Council has indicated they found problems with. Unfortunately the City is committed to approve the plans we have accepted for building permits, but staff wishes to review this matter with the City Council for direction on future appli- cations. HISTORY: Prior to the latest amendment to the Planned Community (P-C) zone the method to approve development in the P-C zone was by Specific Plan. Evidently the intent was to approve a site plan for each lot or develop a set of regulations under the process of Specific Plan. Unfortunately this was sometimes unacceptable to developers and land holders because they did not know at the time of subdivision what the site plan would be. To accommodate this apparent problem the City accepted application for Specific Plans that were nothing more than Tract Maps. None or few development standards were established on the plans or made part of the adopting documents, except statements such as certain lots will be used for multiple family condominiums at a certain density. Some Specific Plans indicate that development shall meet standards of a certain zone such as R-3, but site review was never made a part. APPROVED SPECIFIC PLANS: From a brief review of the files it appears there are at least three Specific Plans that lack complete development regulations. These Specific Plans contain approximately 730 dwelling units some of which have already been built. One completed project is a partiular problem (Woodbine) because it was built as detached single family residential with no development or use regulation. This means that apartments could be built, garages converted to apartments etc. without City control. There may be other examples of this poor processing in the P-C zone. However, the main issue at this time is on condominium lots approved by S.P. 38 (Vale). I I VALE III: The City recently approved building permits for a condo" project in La Costa located along the west side of Rancho Santa Fe Road, north of La Costa Boulevard, known as Vale III. The approved Specific Plan shows only vacant lots with a note stating that the area will be built with multiple family residential at either 11 or 14 DU/AC depending on the lot. There are no development standards on the plan or the adopting documents. At the time of approval it was assumed that the development would be attached units with common parking and open areas, similar to the existing condo developments in La Costa. The approved building permits however, are for 150 detached single family homes. Each of the proposed units are fronted on a private street. The density is approx- imately 5.4 units per acre, less than half the density listed in the General Plan and Master Plan. Staff approved the first phase of 50 units request because there are no development standards on the property. However, we feel that the project is substandard and may lead to problems in the future and will set a low standard for single family development in Carlsbad. For instance, most garages are only 10' from the curb of the private street, this means that if the cars were parked on the drive they would be over the side- walk and extend into the street, some Street side yards are only 10' from the street, (R-1 standards require approximately 20' from street), the distance between buildings is as low as 10' in some cases, (the R-1 has a minimum of 12' alongside yard lines); the private streets are 30' curb to curb, (36' is standard City width). In summary the project when completed will appear as a crowded single family development with little private yard, narrow streets, autos parked across sidewalks and insufficient guest parking on the private streets. The private streets will appear like public streets and will be basi- cally the only reason there is a need for a home owners association. There is a good possibility there will be a request to abandon the association and request the City acceptance of the streets. The City could decline, but the Council may find it difficult to deny such a request from concerned citizens that have a problem in that their street needs maintenance. For all intentions the streets are public. The General Plan indicates 10-20 dwelling units per acre and the original subdivider put in utility systems for this higher density. The density approved in the building permit is 5.4 per acre, this means added costs in maintaining these higher than necessary systems at City expense. Not meeting the permitted density also may be a problem when there is a need for multiple family units. It may be necessary to amend GP and zoning to provide higher densities in areas that are less than desirable for such higher density of planning a city. -2- a . S VALE II: We now'have received preliminary plans for Vale II. The same condo notes apply as in Vale III, the only difference is the density is to be 11 dwelling units per acre. There are to be 281 units over 25.7 acres for a density of 10.9. There are some attached units, some common open areas (although little is usable), and private streets. It is difficult to acertain from the preliminary plans what all the problems may be. However, since there are no development standards there isn't much staff could do to solve problems at the building permit stage. Therefore, staff is reviewing this with you to deter- mine if the CC finds a problem and if so what can be done. Multiple Family Zone Problem: Although there are specific problems with Specific Plans as noted, there is a common problem occurring in all multiple family zones. The multiple family zones do not require multiple family development or density, they only allow it. Therefore detached units can be built and if condo notes approved could be sold as single family condo units. Since development standards only pertain to the lot there would be little control on development of these SP units. For example the Alicante Hills area of La Costa is zoned RD-M and since it has been converted to acreage it is now one large lot. A condo map could be submitted as a one lot subdivision showing no site planning. Without regulations or guidance the City would approve it. The developer would then have free reins on type of development. This could be detached homes on private streets with no development standards--the same problem as described in the S.P.'s. The difference is that condo map has to be approved and if the City adapted condo regulations the type of development could be determined. ZONE & CONDO PROBLEM: The developments as discussed in this report point out an obvious weakness in the processing of the original P-C zone. In addition, they also point out weakness in our development zones and our lack of having condominium regulations. This same development could be proposed on any multiple family zoned large enough to contain a private street. The only development requirements would be as the units relate to public streets and lot lines. A solution to this problem would be to establish standards for p' lic streets or driveways so they do not appear to be City streets, or re- quire dedication if the street meets certain standards. Adoption, of a condominium ordinance will help in regaining City approval for such developments. -3- a . Another possibility would be to delete detached homes or possibly duplexes from R-3 & RDM zones. This would then force construction of attached units to preclude the development of lower density single family detached units in areas the City is promoting lower cost multiple rental units. However, this takes away flexibility in development, and may not totally achieve the desired end. ALTERNATIVE SOLUTIONS: There are many approaches the City can take to place some control on developments as noted. Alternatives staff feels -are acceptable are as follows: 1) City initiates amendments to Specific Plans to require plans to be submitted by applicant as an amendment to the Specific Plan prior to development. Th is is a relatively simple process and may be acceptable to property owners. However, development standards are still missing and the City may have difficulty in properly judging developments. 2) City initiates deletion of Specific Plan and rezone to a develop- ment zone (i.e. R-3, R-2, etc.) with Q overlay (require Site Dev. Plan). The development zone will establish basic development standards and the Q will permit PC review of projects. The SOP is a relatively easy process--PC approval as a non-public hearing item. However, the development zones do not adequately cover the proposal as noted in this report. 3) City initiates deletion of the SP thereby requiring a PUD. This woul.d be the simplest act the City could initiate and give the best control since there are standards and guidelines in the PUD ordinance, to direct development. Property owners may find this objectionable since the PUD requires both PC & CC action at public hearings and the development standards and guidelines will require changes to plans presently being proposed. RECOMMENDATION: Planning staff recommends that the matter be forwarded to the CC for the following action: 1) Adopt urgency ordinance prohibiting the approval of building permits for developments in areas approved by SP that do not contain development standards. 2) Initiate deletion of these SP's as stated in alternative 2 & 3 of this report as appropriate.for individual SP. 3) Initiate adoption of curb cut standards. 4) Place high priority on adopting condominium standards and condo- minium conversions regulation. BP:JCH:jp -4- MEMORANDUM DATE: July 6, 1977 TO: James C. Hagaman, Planning Director FROM: Bud Plender, Assistant Planning Director 1. RE:. Conversation with Gus Theberoe, Shapell Industries Recently I reviewed preliminary plans for development of a portion of the Vale area of La Costa. Mr. Theberge of Shapell Industries presented- the plans to me, Tim Flanagan, and Mike Zander. Briefly the development is for clustered detached homes and duplexes on a private street to be sold as a condominium. This so called condominium is on lots originally subdivided and approved by Specific Plan for higher density multiple family condominiums. There were some technical problems on building over lot line and access in limited access areas. However Mr. Theberge explained all this could be taken care of. by modification of the development or boundary adjustments. More importantly I indicated to Mr. Theberge that the design of the project does not meet the intent of the Specific Plan and that the development had great design flaws in not providing sufficient guest parking, insufficient setback from private street, and improperly designed streets. I added that the present ordinance and S.P. does not provide for staff description in this plan. Therefore. I was going to request this matter be brought foreward to the CC for their review and direction. I further stated staff would recommend that the S.P. be deleted and that development would have to take place as per PUD ordinance. Mr. Theberge understood our position and has written Mr. Bussey a letter explaining their position. (see attached). I have prepared Agenda Bill and report in this matter for the July 19, 1977 City Council meeting. BP:jp A L4tg akt 10 RICK ENGINEERING COMPANY 365 SO. RANCHO SANTA FE ROAD SAN MARCOS, CALIFORNIA 92069 PLANNING CONSULTANTS AND CIVIL ENGINEERS • SUITE 100 619/744-4800 is July 31, 1984 Mr. Vincent Biondo, Jr. CITY ATTORNEY CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 RE: CONDOMINIUM PERMIT 36(A) (JOB NO. 8422-G, 8422-H) Dear Vince: Mr. Jack Guttman of Con Am Properties has advised me that he has been in contact with you regarding the inclusion of Lot 290, Vale Unit No. 3, Map No. 7779, into CP-36(A). Lot 290 is currently owned by the Daon Corporation and has a City open space easement over it. Con Am would like to purchase the fee title to the lot, remove the open space designation on it, and include it in the presently approved CP 36(A). Included for your review is a memorandum, dated February 16, 1984, of a meeting I had with Dan Hentschke regarding the processing and approvals necessary to accomplish Con Am's goals. Con Am would like to proceed on this matter at everyone's earliest convenience. Preliminary discussions have taken place with City Planning, Parks & Recreation, and the Police Department regarding Lot 290 and there appears to be agreement that the inclusion of the lot in CP 36(A) would be in the best interests of both the City and the project. • Police would like to see the access via Lot 290 to San Marcos Creek Canyon removed. • Parks & Recreation would like to not have the responsibility of maintaining the lot. • Planning will consider the inclusion of Lot 290 in a revised plan. Daon is willing to sell the property. S . Mr. Vincent Biondo, Jr. RE: CONDOMINIUM PERMIT 36(A) July 31, 1984 Page two I have enclosed for your review the memorandum mentioned above and related backup information, a copy of the Tentative Condominium Permit Map and the Resolution of Approval (Pc 1882). Could you please advise us as to what needs to be done to initiate proceedings on this matter? Thank you for your consideration. Sincerely, Barry C. ender BCB:omh enclosures cc: Mr. Dave Bradstreet, CARLSBAD PARKS & RECREATION Mr. Dan Hentschke, CARLSBAD CITY ATTORNEY'S OFFICE Mr. Bill Hofman, CARLSBAD PLANNING DEPARTMENT Mr. Jack Guttman, CON AM PROPERTIES Mr. Jim Goff, DAON CORPORATION all with enclosures Ac ,v RICK ENGINEERING COMPANY 365 SO. RANCHO SANTA FE ROAD SAN MARCOS, CALIFORNIA 92069 PLANNING CONSULTANTS AND CIVIL ENGINEERS • SUITE 100 619/744-4800 July 31, 1984 Mr. Bill Hofman CITY OF CARLSBAD PLANNING DEPARTMENT 1200 Elm Avenue Carlsbad, California 92008 RE: CONDOMINIUM PERMIT 36(A), SEA POINTE VILLAGE AT LA COSTA (JOB NO. 8422-G, 8422-H) Dear Bill: On behalf of Con Am Properties we would like to request the following amendments to the original application: o The vacation of Piragua and Venado Streets for the purposes of creating a private gated community. o Allow for the construction of a manned security gate on Piragua Street near Cadencia Street. o Allow for an automatic gate system on Venado Street near Cadencia Street. o Inclusion of Lot 290 into the project. A separate letter requesting action by the City on this lot has been written to the City Attorney and copied to you. Included for your review regarding the vacation are letters from Police and Fire. Both departments have reviewed the proposal and apparently do not have a problem with it. Con Am would like to proceed with these revisions in the fastest possible way. If processing the issues either separately or collectively is more expeditious, we would like to know and would appreciate your recommendations on this. . [IJ Mr. Bill Hofman RE: CONDOMINIUM PERMIT 36(A) July 31, 1984 Page two Please review this request and advise us at your earliest convenience as to how we should proceed. If you have any questions, please call me at 729 4987, or Jack Guttman at 297-6771. Thank you for your cooperation. Sincerely, Barry C. ender BCB:omh enclosures cc: Mr. Jack Guttman, CON AM PROPERTIES . of C4 . 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714) 438-5511 Citp of Cartfiab POLICE DEPARTMENT July 25, 1984 Barry C. Bender Director Rick Engineering Company 365 S. Santa Fe Rd. Suite 100 San Marcos, CA 92069 Dear Barry, On Friday, July 20, 1984, we discussed the development of Sea Pointe Village at La Costa. I understand that a proposal'for the city to vacate the public streets of Venado and Piragua in the project is planned. Since the proposal objective is to provide a controlled ingress and egress into the development with the use of security gates and guards and natural barriers, I do not object to the proposal as planned. It would be necessary to install removable gate barriers that could be removed by Police or Fire Department personnel if needed. An additional requirement of locking devices that could be opened by - emergency personnel at both intersections,(Venado & Cadenc1a) & (Piragua& Cadencia), using a standardized keying system (such as Nox type boxes) should be installed. An'address directory installed at the entrance of the community would be helpful for emergency personnel locating addresses. If the above requirements are met, the Police Department would not oppose the proposal. Please contact me if I can be of further assistance. Vincent D. Jimno Chief of Police By: M.E. Matney Crime Prevention Officer RICK ENG. CO. DATE RECEIVED JUL 84 1200 ELM AVENUE CARLSBAD, CA 92008-1989 r L 0C45, City of Carldab FIRE DEPARTMENT TELEPHONE (619) 438-5521 July 23, 1984 Barry Bender Rick Engineering 365 S. Rancho Santa Fe Road, #100 San Marcos, California 92069 SEAPOINTE VILLAGE AT LA COSTA Barry, I have reviewed the proposal to convert Piragua and Venado to private streets, and to create a controlled access condition by installing access gates. I can approve these concepts with the following conditions: 1. The entry and gate plans and details are subject to approval by the fire marshal. 2. All gates shall be equipped with a Knox key entry system. 3. All gates shall be equipped with a manual override to enable the gates to be opened in the event of a power failure. Please call me if you have any questions. BRIAN WATS Battalion hief fg PICKLNG !L:LLIVED (j1-, S I PLANNING CONSULTANTS I RICK ENGINEERING COMPANY AND CIVIL ENGINEERS 365 SO. RANCHO SANTA FE ROAD • SUITE 100 SAN MARCOS, CALIFORNIA 92069 • 619/744-4800 Conference Report Prepared by: -- Barry Bender Jack Guttman/ (w/encl.) Telephone Conversation Copies to: CON AM Joan Cooper! (w/encl.) Job: 8422H CON AM Bob Stockton! (w/encl.) Date: February 16, 1984 RICK ENGINE E RING CO. John Brand! (w/encl.) Regarding: LOT 290, VALE UNIT NO. 2 RICK ENGINEERING CO. Bob Ladwig! RICK ENGINEERING CO. Ernie Harrington! RICK ENGINEERING CO. Dan Hentschke - CITY ATTORNEY'S OFFICE Doug Helming/ Barry Bender - RICK ENGINEERING RICK ENGINEERING CO. File (w/encl. After reviewing the attached information, I attempted to set a meeting up with the City Attorney's Office to discuss the City vacating the existing open space easement. Dan Hentschke replied to me by phone after reviewing same data. • The lot, although not owned in fee by the City, is considered, in the opinion of the Attorney's Office, to be Park property. • As park property, it is an asset to the City, and has value as other park lands. • In order to dispose of the "asset," the following would need to be accomplished, not necessarily in this order: - Concurrence with the Parks & Recreation Director that the site is no longer needed. - Concurrence with the Parks Commission of the same. - Action by the City Council. - Appraisal of property to establish value. - Payment to the City of acceptable value of property. Present: DAWCO PRESS 283A . . Telephone Conversation LOT 290, VALE UNIT NO. 2 Page two Attachments: Planning Department request for legal adivce, 1-18-84 Reply to Planning from Attorneys Office, 1-31-84 Letter from John Brand to Jack Guttman, 2-8-84 Title report on Lot 290 with cover letter (1-3-88), 10-24-83. BCB/omh I LA COSTA VALE, LTD. 1764 San Diego Avenue San Diego, CA 92110 (619) 297-6771 June 8', 1983 RECEIVED JUN i5i9S3 Mr. Roy Kackley City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 CP! OF CARLSBAD LG:::NG DEPARTMENT VIA EXPRESS MAIL Re: Sea Pointe Village, CP-36(A) (J-8422D) Dear Roy: On behalf of La Costa Vale, Ltd., I would like to request a one- year time extension on the above-referenced condominium permit. I have enclosed the following items which I understand would meet the requirements to process this extension: 1. Check in the amount of $100, processing fee (336 units); 2. Executed Public Facilities Agreement and Waiver of Conditions; and 3. Copy of Title Report. If you need any additional items for this request or have any questions, please call. Very truly yours, LA COSTA VALE, LTD. JOHN M. COOPER Construction Manager JMC: amr Enclosures cc: Ken Lipinski, ConAm Carol Fox, ConAm Barry Bender, Rick Engineering Co. Bob Stockton, Rick Engineering Co. EXHIBIT 1 1 A 10 ASEJORRO 1 rE VII 0 14 • • 3d 61 OR CT GOZo PL Y. LA \• // \\ ,0 (tK- * o jn) 1T CAS ' C Ax PL. 04 0 p l b ok GO rr7 2 : •• • 17 10 nix tIL1t' nEwu:1cuI}) A.Lø.0t'i.) (7J17 (P7 C7V Q1I/J!Oj 4U,b CW5) 'qtz 'L] •GWPUY I)OO'DI ¶t i•1 1/ ...30 . 1 hill L- C I \ co IQ \ ) i n LA COSTA VALE, LTD. 1764 San Diego Avenue San Diego, CA 92110 (619) 297-6771 March 7, 1983 VJ ( c,? City of Carlsbad Attn: Dee Landers Planning Department 1200 Elm Avenue Carlsbad, CA 92008-1989 Re: Sea Pointe Village at La Costa Dear Dee: e Rce zeyed MAR %1$3. cri CITY 0_6 CARK-SRAP. V Pursuant to your correction list for the above-referenced project, I have enclosed the attached information: 1. Mylar and two (2) blueprints of final site plan; 2. One (1) copy of the CC&R's; 3. Two (2) complete sets of the landscape drawings; 4. Community identity signs included in landscape drawings mentioned in item 3 above; and 5. Two (2) blueprints of the Subdivision Map, Carlsbad Tract No. 72-20, Unit No. 2, Map No. 7779. Should you have any questions concerning the above, please call me. We are anxious to receive clearance for our project. Very truly yours, LA COSTA VALE, LTD. i" GrJ JOHN M. COOPER Construction Manager JMC: amr Enclosures cc: Ken Lipinski, Dartmoor Development Co. Carol Fox, ConAm Bob Stockton, Rick Engineering Co. Pete Pitassi, Kiyotoki & Associates LA COSTA VALE, LTD. RECEIVED z: 2:. 12 1764 San Diego Avenue San Diego, CA 92110 (714) 297-6771 September 20, 1982 Mr. David Bradstreet Director of Parks and Recreation City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Sea Pointe Village at La Costa Dear David: I am in ré'ceipt of your letter to me concerning the proposed abandonment of the mini park located on Lot #290. I have given Ken Lipinski all of your information, and I anticipate that he will call you concerning this item in the near future. Thank you for your help. :Very truly yours, LA COSTA VALE, LTD. - &-V~/ ae'yAk JOHN M. COOPER Construction Manager JNC:amr - cc: Ken Lipinski 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 0 TELEPHONE: (714) 438-5571 134 6 4W S Qr it p of CarIbab July 21, 1982 Mr. John Cooper La Costa : Va.l-e, LTD 1764San Diego Avenue San Diego, Ca. 92110 PARKS & RECREATION DEPARTMENT TNA1I Re: Sea Pointe Village Dear Mr. Cooper, Thank you for being patient in my response to your May 11, 1982 letter proposing abandonment of mini-park, Lot 290. On July 19, 1982 this item was brought before the Park 6 Recreation Commission. Staff was directed to meet with you to discuss an appro- plate trade of equal value for 'either improvements to other park areas,land, or in lieu of land, money, which could be deposited in the Park District in the La Costa area. You mentioned -that no City improvement has been made to date. It was my understanding that your firm was to dedicate the land and make all park improvements. 'After the 'completion of the development the City would assume ongoing maintenance. Please except my invitation to it .down -and discuss your proposal at your convenience. David Bradstreet Parks C Recreation Director DB:hlj cc: Ron Beckman Marty Orenyak Mike Holzmiller. Doug, Duncanson •LCOSTAVALE LTD. • 1764 San Diego Avenue San Diego, CA 92110 RECiEIVEd MAY 1 • t82 (714) 297-6771 May 11, 1982 Mr. David Bradstreet Director of Parks and Recreation City of Carlsbad •:- 1200 Elm Avenue Carlsbad, CA 92008 Re: Sea Pointe Village at La Costa - Location: Cadencia Street and Piragua Street - Dear Mr. Bradstreet: - As-you may not be aware, La Costa Vale, Ltd. is owner of some 40+ acres surrounding Piragua Street and Venado Street, Carlsbad Tract No. 72-20, Unit #2. Lot 290 of this map, located on the northwest corner of the intersection of Cadencia Street and Piragua Street, was released to the city and designated a satellite city park. At the present time there has been no city improvement on this lot. This. lot can provide access to the San Marcos Canyon and appears to be somewhat of a hazard at the present time. It is our under- standing that the small satellite park areas, as this one was -designated, are expensive to maintain; and due to its small size and remote location, it is somewhat of a liability to the city. The liabilities appear to outweigh the advantages that this type of park could provide to the area residents or the city. We are, therefore, proposing that this lot again become part of Tract No. 72-20. In the matter of access to San Marcos Canyon, we are open to suggestions and would be most cooperative concerning this item. - - - - I will be calling you in the near future to discuss your thoughts • concerning the above idea. Thank you for your time. - Very truly yours, : - - LA COSTA COSTA VAIL, LTD. - JOHN M. M. COOPER - -. •-- - - Construction Manager - - - - JMC:amr cc: Ken Lipinski, La Costa Vale, Ltd. - - - - - Barry Bender, Rick Engineering Jim Hagaman, City of Carlsbad - - - 0 0 ShapeD Industries of San Diego, Inc. A Subsidiary of Shapell Industries, Inc. ..r, :1 jflC4j V 1980 CITY CF CARLSBAD 3272 Rosecrans Street Hannng artrnent San Diego, California 92110 (714) 222-0345 May 1, 1980 Mr. Brian J. Milich City Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: Monarch Terrace Dear Mr. Mulch: Enclosed is the ownership list labels which you requested. In reviewing this file, it was learned that we had not pro- vided you with a "Consent Letter" from San Diego Gas & Electric Co. relating to the path across their easement to La Costa Canyon Park. Enclosed are two copies of that letter. Brian, I want you to know that we really appreciate the assistance and cooperation you and your entire Staff have given us on this project. I want to especially thank you and Richard Allen in the Engineering Department for helping us solve pro- blems. This is very refreshing today when in some City Halls there is very little evidence to indicate a real desire to as- sist or help to solve problems. Unless we hear from you to the contrary, I'll see you at the Planning Commission meeting on May 14, 1980. S irely, Voyd H. Bei1ts Projects CoWrdinator VHB: j h ends. O S San Diego Gas & Electric FILE NO INC 520 April 14, 1980 Voyd IL Beights Shapell Industries of San Diego 3272 Rosecrans Street San Diego, CA 92110 Dear Mr. Beights: We are now processing your consent letter for a pedestrian path across our 100 foot wide right-of-way ad- jacent to the La Costa Canyon Park. This processing should take no longer than a week. At this time it looks as though there will be no problem in getting it approved. Sincerely, H. E. Richmond Land Planner HER: cag POST OFFICE BOX 1831 SAN DIEGO. CALIFORNIA 92112 TELEPHONE 714/232-4252 9 ShapeD Industries of San Diego, Inc. 3272 Rosecrans Street A Subsidiary of San Diego, California 92110 Shapell Industries, Inc. (714) 222-0345 March 20, 1980 Mr. Brian Milich City of Carlsbad Planning Commission 1200 Elm Ave. Carlsbad, California 92008 RE: Continuance of Planning Commission Hearing on Monarch Terrace Condominium Application Dear Mr. Milich: The hearing on the subject project was scheduled for April 9, 1980. We believe that to adhere to that date would not give our Architects enough time to prepare adequate plans, and would also result in limiting the time for your review. We know that your office has a heavy workload, and is probably pushed for time. We therefore request that this item be continued to the hearing of April 23, 1980. Hopefully, this will give all con- cerned enough time to work together and resolve any problem areas. H. Beights VHB: j h 11 2,R 21 1980 CiTY O CARLSft' F nnhc1g ECrtimeflt 4 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 72-1181 March 21, 1980 Mr. Pravin.P. Bakrania Richardson - Nagy - Martin 4000 Westerly Place, Suite 200 Newport Beach, CA 92660 RE: MONARCH TERRACE, SHAPELL INDUSTRIES (CP-36) Dear Mr. Bakrania, As a follow-up to our phone conversation, I have put in writing the following comments and concerns regarding the most recent site design for the Monarch Terrace Development. These items include both general and specific concerns which should be addressed on the plans submitted for the April 23rd Planning Commission Meeting. These plans should be submitted by March 31, 1980. Please remember that these are only our initial comments and that we may have cL±ona1 concerns as we further review the plans. However, any additional comments would be given to you as soon as possible. General Comments: - The Condominium Site Plan should indicate phases. - You may need to file a Boundary Adjustment Plat to avoid bisecting residences with the property lines. - We need the appropriate letters from La Costa Land Company and SDG&E permitting the pedestrian pathway to the southern park area. - Fire hydrants should be delineated within 150 ft. of all residential structures. In addition, an 8 ft. clear-area" should be provided around all multi-family structures for fire access. - All models must have sewer. - Some type of treatment (e.g. embossing) is needed to distin- guish between the public and private streets. . S - We need the following plans by March 31st. 15 sets - site, floor, elevation (including detached garages) and monument signs. (The more information you can get on one sheet, thus reducing the size of the overall package, the better.) - We will also need a Parking Plan, designating the resident/ visitor parking for the multi-family units. - Recreation improvements should be keyed on the site plan to correspond with the recreation plans. - Show the required storage area for the multi-family units and the balconies on single-family units, which have less than 15' deep backyards. - All private streets should be 24' with a 4' sidewalk on one side. - Delineate pedestrian pathways through the development connect- ing the units with recreational areas and visitor (on-street) parking. - There should be a minimun of 20' from the edge of the private street/driveway to the point where the first parking space begins. Specific Comments: - Lot 290 - Indicate type of improvements proposed. - Lot 288 - Need substantial noise/visual buffers around the units adjacent to the recreational area. - Lot 286 - Show on-site visitor parking and/or pathways serving on-street visitor parking. Also, relocate refuse containers. - Lot 285 - Reduce width of easternmost visitor parking bay by deleting one space. - Lot 280 - Reduce width of westernmost visitor parking bay by dropping one space. Relocate the southern parking bay to a position on the north side of the street (adjacent to the recreational area) and makethis a 4-space bay. - Lot 275 - Show pedestrial pathways connecting with on-street parking. -2- . - Lot 274 - Add one resident parking space in the area south of the private street. This may neces- sitate relocating refuse container. - Lot 21 - Need on-site visitor parking plus pathways con- necting with on-street parking. Also, indicate visual screening for area along Cadencia Street. - Lot 293 - Indicate pedestrian pathways connecting with the on-street parking. - Lot 294 - Eliminate parking on one side of private street. Some visitor parking is necessary at the southern end of the development. Delineate refuse con- tainers. - Lot 295 - This area lacks both the required resident parking and visitor parking. I want to thank you for your cooperation in developing the plans to date, and I hope that we can work towards the resolution of these remaining issues. Yours very truly, JAMES C. HAGAMAN Planning Director By Brian /J. Milich AssisEant Planner JCH:BJM:ma cc: Voyd Beights, Shapell Industries of San Diego -3- 29 1980 LnCDStn EXECUTIVE OFFICES January 28, 1980 Te Mr. Shorty Beights Project Coordinator Shapeil Industries of San Diego, Inc. 3272 Rosecrans Street San Diego, CA 92110 Subject: Pedestrian Access to La Costa Canon Park Dear Mr. Beights: I amin receipt of your request of January 21, 1980, to install a 6'- path from Lot 279 in Monarch Terrace, also known as Carlsbad Tract 72-20, Map No. 7779, across Lot 273, which is owned by the La Costa Land Company. I have reviewed your request, and this constitutes a Letter of Permission to do so -- subject to the following conditions: 1. That the La Costa Land Company shall not be responsible for the initial construction and subsequent maintenance of this pedestrian pathway; 2. That Shapell Industries of San Diego, Inc. shall be responsible for any and all approvals as may be required by the San Diego Gas and Electric Company for permission to place such a pedestrian pathway over Lot 273, for which they presently have a utility transmission line easement; 3. That the placement of the pedestrian pathway shall be substantially as shown on the drawing provided by Shapell Industries, entitled "Master Plan, La Costa Canon Park," approved by the Director of Parks and Recreation, dated May 18, 1977, and; COSTA DEL MAR ROAD CARLSBAD, CALIFORNIA 92008 • AREA CODE 714 • TELEPHONE 438-9111 I . Mr. Shorty Beights -2- January 28, 1980 4. That Shapell Industries of San Diego, Inc. shall be responsible for any and all additional condi- tions with reference to this pedestrian path, as may be required by the City of Carlsbad. If these arrangements are to your satisfaction, I would apprec- iate your written acknowledgement for our records. If you have any questions, please feel free to contact me at your convenience. Sincerely, LA COSTA LAND COMPANY Iry Roston Executive Vice President IR:blt cc: Messrs. Morey, Goff LA 625 North Vulcan Avenue L.ucødla, California 92024 - 714/753.6491 San. Dieczuito Union High SchoOl District December 17, 1979 - City of Carlsbad Re: CP-36, 196 unit condominium development Planning Department 40.8 acres 1200 Elm-Avenue' - Carlsbad, --Cali.forni-a 92008' Your ordinance 9500 -c'h'apter 2'155 De.df cation of Land and-fees for School Gentlemen: Facilities Under the terms of the above ordinance the San Dieguito: Union High School. District 'believes that fees, as opposed to land dedication, meet the ee.ds of the District.. . San Diegui-to has .a definite need for. additi-onal school site&, parti,c.u1a-ri.y a high school site as.shown on the La Costa Master Plan adopted' by-theCity. As land use decisions are-rev I i.ewed in the area it is -important that we a.re informed and have an opportunity to comment. We look forward to continued cooperation -with your Citystff. Sincerely, - - William A. B'errier Superintendent -' dar --'- - - 'DEC i9 1979' CITY OF CARLSBAD planning Department .. (V• S. C..... PROJECT REVIEW • 7L7L DATE:________ TO: FROM: Planning.Departmeflt, City of Carlsbad V RE: CASE NO: REQUEST:l4L't)'J'i-ki4I1OPi £LJJp,4E?JJ V V qog . V DCC APPLICATION REVIEW: V __. _V ••V V___V DCC FINAL REVIEW: Please comment below and return. For further information call V the Planning Department at 729-1181, extension 25. V V V V ISSUES: _ L112. op VV1I4 i'tç -) +, or- r- 4tbøIM1 V V L) j. I oJm c - COMMENTS: ___ _ff4// V _ • V g; .• V V p~h f (v F. D. Fontanesi CITY OF CARLSBAD - ~eLvjmcz P'anning Department DEC 19 1979 ( • ; ROJECT REVIEW DATE: TO: FROM: Planning Department, City of Carlsbad RE: CASE NO.:_________________________ REQUEST: It1L, t)Itr LM,rsJ1OP% fELoP OAJ i-/o,g 4. DCC APPLICATION REVIEW:_________ DCC FINAL REVIEW:i(zSO Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: L&L Ot/l 2 • ).i' _ 1kt_A' ufititr' ) /I 71& I 774 iV')r 7tSi71' COMMENTS: 4 *iIAu. PLANNING FORM 58, 4/79 CAPRI SCHOOL 941 CAPRI ROAD nttnita anion 'ctjoot itrirt ENTRAL O N L STREET FLORA VISTA SCHOOL 189 UNION STREET 1690 WANDERING ROAD OCEAN KNOLL SCHOOL ENCIN ITAS, CALIFORNIA 92024 910 MELBA ROAD PACIFIC VIEW SCHOOL TELEPHONE 753-1152 608 THIRD STREET PARK DALE LANE SCHOOL 2050 PARK DALE LANE TY LEVIN PRESIDENT LORETTA M. SMITH CLERK MARY LOU SCHULTZ G. RONALD SMITH DONALD E. LINDSTROM SUPERINTENDENT & BOARD SECRETARY November 30, 1979 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Planning Department Re: La Costa Vale #2, Cannon Park Gentlemen: DEC --3 1979 CITY OF CARLSBAD anning Department An agreement exists between La Costa Land Company and the Encinitas Union School District, whereby a school site has been made available to the School District covering this project. No school fees are required for this project. Sincerely, DONALD E. LINDSTROM SUPERINTENDENT Warren Roberts Director of Planning Is f TU (oVs1 iv JQ A.JO /T AON' EXCELLENCE IS OUR GOAL V. ) 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALtFORNIA 92008 (714) 729-1181 (Utp o Cart& DATE: November 26, 1979 TO: Shapell Industries of San Diego (Applicant) SUBJECT: NOTICE OF INCOMPLETE APPLICATION, CASE NO: CP-36 We have reviewed your application and have determined that it is not complete. Before processing your application, we need the following information: 1) 18 sets of elevations _ina -s- incIie-atng------ garage dimension s 2) Two sets of ty ft. 3) Slope cross-sections 4) Copy of certified EIR pped for T If this information is received by*--------, this item (Date) will be placed on the - , Planning Commission (Date) Agenda. If you have any questions, please call me at 729-1181, extension 25. * Please contact the undersigned. Sincerely, loe 4 PLAN N/ C DEPARTMENT KJL/ar 4/4/79 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714) 729.1181 January 12, 1979 Shapell Industries 3272 Rosecrans Street San Diego, California 92110 Attention: Bill Ellis Re: Monarch Terrace (Vale II), Revised plan dated November 9, 1978 Mr. Ellis: I've recently reviewed the subject plan and have the following comments to offer. 1. In general the changes are good. I think the revised plan responds well to our previous discussions. 2. The increase in density is acceptable. But is does create some processing problems. The specific plan will have to be amended to ref leci the increase. 3. Staff will support the increase in density. However, there are two major issues accompanying the specific plan amendment: a. You would have to have sewer capacity assured before we could process a specific plan amendment. b. Amending the specific plan is tantamount to approval of a new specific plan. This would mean that the newly adopted condo standards would apply to the amended plan. I've endorsed a copy of the new standards with this letter. it may beta your advantage to develop according to the new standards, especially in the area of guest parking. 4. The increase in density will generate additional school fees. I don't have the details on this yet. S . Shapell Industries January 12, 1979 Page Two I hope we can get this in the mill soon. The sewer situation is probably your biggest hurdle. Let me know when you wish to discuss this. Sincerely, S4j &_-, oIL DON L. ROSE Associate Planner DLR: jd cc: James C. Hagaman Bud Plender Dave Abrams Tim Flanagan 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 C4 dç, - TELEPHONE: • (714) 729-1181 September 25, 1978 Shape]] Industries 3272 Rosecrans Street San Diego, California 92110 Attention: W.R. Effinger SUBJECT: Monarch Terrace (Vale Ii) RE: Correction to my letter to you, dated June 30, 1978, (copy attached) I outlined the steps to issuance of building permits for Monarch Terrace in the attached letter. In that letter I omitted one very important step - the filing and approval of subdivision maps for each condominium lot. This step should be inserted between steps b & c. You may wish to discuss this at our Wednesday meeting. Looking forward to seeing you then. Sincerely, Don L. Rose ASSOCIATE PLANNER cc: Jere Riddle, Principal Civil Engineer DLR/ar 0 0 Shapell Industries of San Diego, Inc. . -Th 3272 Rosecrans Street Sap Diego, California 92110 (714)222-0345 W. R. (Bill) Effinger 0' çe'? President VIZ c' August 28, 1978 Mr. Don L. Rose CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Dear Don, I have just been given a copy of your letter to Gus Theberge regarding Monarch Terrace (Vale II). I sincerely appreciate your status report on the approval for Monarch Terrace and inasmuch as it appears there is a difference of opinion on some issues, prior to going to Mr. Hagaman, I would like to meet with you personally and with any of your staff you may wish to include, along with our Architect, Bill Henning and our Land Planner, Ralph Martin of Richardson, Nagy, Martin, in an attempt to resolve this matter without going any further. Again, I sincerely appreciate your cooperation and assistance and I respectfully request that because Bill Henning will be on vacation for the rest of the week, we attempt to set up a meeting for the latter part of next week, following Labor Day. Very P. S. I have suggested to our Don Rose that he get in touch with you if for no other reason than for him to apologize for those phone calls you used to receive from unhappy car buyers. While the circumstance was somewhat amusing, I think two name-alikes should meet just for the meeting. fr a 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714) 729-1181 (Ctp of August 23, 1978 Shapell Industries 3272 Rosecrans Street San Diego, Ca. 92110 Attention: Mr. Gus Theberge Re: Monarch Terrace (Vale II) This letter follows our recent meetings on Monarch Terrace. Some time back the City Council approved a specific plan for La Costa Vale that was not very specific. I understand that a condition of approval was that your firm was to work with city staff toward a development plan for the subject propeicty.. We have been working toward that point for some time now and I thought we were nearing completion. However, it appears that we are now at an impasse. * I perceive the current status of our joint efforts as follows: 1. The proposed yield is not an issue. 2. The number of off street visitor parking spaces has been agreed on - one for each two units. 3. The general arrangement of building sites has been mutually accepted. Staff has indicated the elevations of some of the sites could be an issue depending on the development proposed for these sites. 4. The locations of building types is an issue. You propose three story super block structures for the most prominent sites. Staff feels that is inappropriate and can not support your proposal. Regarding item 4 above; it's true that the Council understood that the building sites were to accomodate some sort of condominium development. However, I can find no evidence that Shappel Industri - August 23, 1978 Page two the type of structures envisioned are the type which you now propose. In my opinion the E.I.R. prepared for your project does not address the project which you are now proposing adequately or accurately. Of course these conclusions are all subject to challenge. If you wish to exercise your right to challenge then I suggest you start with Mr. llagainan, the Planning Director. However, if you wish to pick up where we left off, I stand ready to assist you in carrying out your project. Sincerely, AQ/ Jv tTJ DON L. ROSE cc: Jere Riddle DLR:ms ECEIIVED AUG 08 1978 Shapell Industries of San Diego, Inc. .9f tAff 6§4 Net A Subsidiary of 0 Shapell Industries, Inc. (714) 222-0345 August 4, 1978 RE: Monarch terrace (Vale II Project) Mr. Don Rose Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Don: I am enclosing herewith two very marginal pictures showing the Mission Ridge product which we have built in Mission Valley. Not being a very good photographer, I was Unable to produce on short notice the kind of quality pictures I would like to have. However, these should be sufficient to give you a feeling for the "non-barracks" type quality product we produce. Not only are the roof lines deliberately broken, but as you can see, there are numerous offsets within each building which affect not only the exterior form, but also breaks up the interior corridors. I certainly hope that you would find some time in your schedule to visit this project as it would speak much more elegantly than these unworthy pictures. Sincerely, GUS THEBERGE Development Coordinator GT:c Enclosures • ,fr;J' 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (K Citp of (Caribab r L TELEPHONE: (714) 729-1181 June 30, 1978 Shapell Industries 3272 Rosecrans Street San Diego, California 92110 ATTENTION: W.R. EFFINGER RE: Monarch Terrace (Vale II) This letter follows a discussion we had at the Planning Department counter a few weeks ago. In a nut shell you asked: 1) What the status of your project is? 2) What steps need to be completed prior to building permit issuance? 3) What work can be accomplished without sewer availability? 4) What is needed for approval of your schematic development plan? I'll address each item separately to keep things from getting mixed up. 1) Current Project Status. You have an approved final subdivision map, and an approved specific plan that is somewhat vague. Your proposal was presented to the City Council sometime back. Council gave direction that the applicant and City staff would work together to complete a development plan for the property An question. The development plan must, of course, meet the intent of the approved specific plan and the P.C., (Planned Community) zone. City staff has been working with your firm to nail down a schematic development plan. We have not yet completed this process, but I feel we are near completion. 2) Steps to Issuance of Building Permits. Before building permits can be issued, the following steps must be completed: a. Work with City staff to complete schematic development plan. b. Submit supplemental environmental information addressing impacts of reformulated project. C. Secure grading permits 1. Implement mitigation for grading for E.I.R. . ... S SHAPELL INDUSTRIES JUNE 30, 1978 PAGE TWO (2) d. Secure sewer allocations e. Secure building permits. 3) Work That Can Be Accomplished Without Sewer Availability. Item .2, above, listed 5 steps to I issuance of building permits. You can complete items a, b, c, & dwithout the required sewer availability. Item e (issuance of building permit) cannot be completed without the availability of sewer. 4) What is Needed for Approval of the "Schematic Development Plan" It's my understanding that the City Council directed City staff to work with staff from your firm to complete a schematic development plan. Admittedly this directive is vague and general. The process and the conclusion were not specified. I've conferred with Engineering and the Planning Director and I feel we are close to an acceptable development plan. After studying the plans you've submitted, visiting the site and after several discussions with representatives of your firm and other City staff, I feel the following steps remain to complete the schematic development plan: 1. City staff to meet with representatives of your firm on ite to discuss arrangement of buildings. a. The yield you propose is not an issue; the arrangement of the building is. b. The general arrangement of building sites is approved. Some additional grading will no doubt - be needed, but that will be reviewed when final drawings are submitted. C. The number of off street, visitor parking spaces shown on the present plan is adequate. 2. After we agree on the rearrangment of improvements, your firm should submit two copies of the revised plan showing proposed grading, location of buildings, private and public streets, drives & walks, parking, landscaped areas and property lines. Also accompanying this plan should be a sheet showing elevations of the proposed types of -buildings. We would need a sufficient number of elevations to review the design theme of the project. 3. Both sets of plans will be labeled, dated, stamped approved and signed by the Planning Director. That's assuming the plans adequately dipict our agreements.' .2 1 . S SHAPELL INDUSTRIES JUNE 30, 1978 PAGE THREE (3) You will then be free to begin the necessary steps to building permit issuance as outlined in this letter. The biggest stumbling block to completion of your project is the availability of sewer. You'll have to deal with the Leucadia County Water District for sewer allocation. We will require proof of sewer availability before we issue building permits. As you know we are currently processing a Zone Code Amendment which will establish development standards for condominiums. The City has already approved the specific plan for your project. The process we are going through now is relative to the conditions of the approved plan and the directions of the City Council. We will not be applying the standards of the proposed condominium ordinance to your project, should the ordinance be adopted prior to issuance of development entitlements. However, should you come in with a new subdivision map, a new specific plan, or a substantial modification to either or both, the new standards, if in effect at the time would apply. I'm not aware, at this time, of any other existing or proposed changes in land use regulations that could effect the subject project. I would like to schedule a meeting with you soon to get things moving for we are anxious to speed your project along. Please call me so we can set up a time convenient for you. Sincerely, . -~L Z-, PnLV, Don L. Rose ASSOCIATE PLANNER DLR: ar .3 0 9 S ShapeD Industries of San Diego, Inc. A Subsidiary of Shapell Industries, Inc. May 23, 1978 3272 Rosecrans Street San Diego, California 92110 (714) 222-0345 RE: Monarch Terrace (Vale II) Project Mr. Don Rose, Associate Planner City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Don: Find enclosed herewith a corrected plot plan for above project. This particular plot plan incorporates in Lots 274 thru 283 and 294 and 295, the redesign for the attached and detached units as were presented to you on the 20-scale drawings from VTN. This plan should replace the one we left with you approximately two weeks ago also totaling 418 units. The three-story, stacked condos plotted in Lots 284 through 289 and 291 through 293 should correspond exactly to the Carlsbad planning and zoning requirements for the Vale II subdivision. Please do not hesitate to call if you have any further questions. Sincerely, GUS THEBERGE Development Coordinator GT: cn Ends. A 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92003 .... S tftp t TELEPHONE: (714) 729-1181 April 4, 1978 Gus Theberge SHAPELL INDUSTRIES 3272 Rosecrans Street, San Diego, California 92110 SUBJECT: Monarch Terrace (Vale II) Condomi-nium Project Dear Mr. Theberge: This letter is in response to questions made at our meeting of March 30, 1978. The main.topic of discussion at that meeting was the requirements for off-street visitor parking. We also briefly discussed landscaping of the subject project. After you left I discussd the project with Mr. Hagaman the Planning Director and Mr. Riddle, Principle Civil Engineer. I believe we arrived at a solution that would be acceptable both tb your firm and the City. It is unfortunate that your project design cannot accommodate the ,mount of off-street visitor parking that we had originally planned on. However r, we feel that a reduced amount of parking would be acceptable along with park- ing that will be allowed on public streets. To this end then your project should include the following off-street visitor parking standards: 1. One off-street visitor parking place for each two dwelling units or portion thereof. Example: 1 to 2 dwelling units would need 1 parking space, 3 to 4 dwelling units would require 2 parking spaces, etc. This parking ratio will be applied to each individual 1t. - 2. Parking spaces will not be located within the 20 setback areas. - 3. Parking spaces should be conveniently located and accessible to units which they are intended to serve. Regarding landscaping: Please submit your landscaping and irrigation plans to the Planning Department for approval. The landscape design should help to distinguish the public right- of-way from the private streets. it should also set or accent a common theme for each lot:. Gus Theberge April 4, 1978 Page Two .. . You may know that the City is currently in the process of dev- eloping some condominium standards, we expect these standards to be adopted in the very near future. We will accept the fact that the approved specific plan for your project indicates dev- elopment of condominiums to the RD-M.standards. Theref6re,'your project will not be required to comply with the new condominium standards, should they be adopted before permits are issued for your project. Before applying for a building permit, you will need to present proof of sewer availability to the City. Please don't hesitate to contact me if I can be of any farther assistance, for we are anxious to continue processing your application. Sincerely Ltm tt_12-4 Don L. Rose ASSOCIATE PLANNER DLR: ar ShapeH Industries of San Diego, Inc. 3272 Rosecrans Street A Subsidiary of San Diego, California 92110 Shapell Industries, Inc. (714) 222-0345 November 23, 1977 Mr. James C. Hagaman Planning Director CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 SUBJECT: Vale II Project Model Complex Dear Jim, The following is an outline of our proposal for the con- struction of the model complex for the Monarch Terrace project located in the Vale II area of Carlsbad (La Costa). As you know, our company currently operates a model com- plex for our Monarch Place and Hill projects located in the Green Valley Knolls area. The model complex and sales office occupy a number of lots at Perenne Place, and required an encroachment permit and associated security instrument be obtained to provide for the removal of (1) the sales office, and (2) the temporary walkways and landscaping over public streets. It is our proposal to expand the existing model complex into the cul-de-sac adjacent to the current models and to use three of the existing six lots of Perdurar Court to display a typical street scene to be found in the Monarch Terrace project in Vale II. These six units (3 attached and 3 detached) would be built in such a fashion as to be easily removed at the conclusion of the sales effort to their reserved locations in the project area. These units would not be occupied, nor connected to water or sewer. The only utility to be connected would be electric power to provide lighting, music, etc. Shapell would be prepared to enter into an agreement, secured if necessary, providing for (1) the temporary nature of these structures, (2) no connections to water or sewer to be made, (3) removal of the structures at an agreed upon point in time, and (4) preservation of the integrity of the approved subdivision lots 11, 12 and 13 of Tract 76-10 for single- family detached residential use of the Monarch Place or Hill type. . . Mr. James C. Hagainan November 23, 1977 Page 2 You will note from the site plan that models B and C could be relocated in such a way as to be built over the existing lot lines; perhaps thereby allowing an encroachment permit procedure to be used. We are currently doing the same type of model complex in the City of San Diego. Since they also had no express provisions either allowing or disallowing such a temporary use, an agreement is being generated by the City Attorney's office to satisfy any planning, engineering or legal department requirements involved in the process. If I can be of further assistance in answering any ques- tions to expedite this matter, please feel free to call me at the above number. I am enclosing herewith a set of plans of the model complex as we conceived it, and of the units to be built therein. Sincerely yours, SHAPELL INDUSTRIES OF SAN DIEGO, INC. Gus Theberge Development Coordinator Enclosure . . FRANK L.ASARO ROSCOE D.KEAGY SAMUEL C. ALI-IADEFF RICHARD D. BREGANTE RICHARD R. FREELAND PATRICK J. OLMSTEAD ASARO & KEAGY ATTORNEYS AT LAW 301- KALMIA STREET SAN DIEGO, CALIFORNIA 92101 TELEPHONE 239-3861 September 28, 1977 Mr. James Hagaman Director of Planning 1200 Elm Street Carlsbad, CA 92008 Dear Mr. Hagaman: Re: Shapell Industries - Vale II Project Shapell Industries has furnished us with a copy of your comments to the proposed Declaration of Restrictions for Shapell Industries Vale II project. The Declaration was furnished to you pursuant to our letter of September 6, 1977. Upon review of your comments, we are resubmitting the proposed Declaration with the following changes: 1. Paragraph 3 (e), Page 3. Correctidn of atypographical error by deleting the words "designated area" and adding the words "designated unit". 2. Paragraph 5 (c), Page 5. Correction of a typographical error by deletion of the word "San Diego" and addition of the word "Carlsbad". 3. Paragraph 23 (f), Page 27. This subparagraph has been substantially re-written to conform to your comments with-respect to prohibiting parking in driveways less than 20 feet in length and in cul de sacs and hammerhead back-up areas. Provisions requiring garage parking in general-and prohibiting street parking of boats, trailers, recreational vehicles, campers, and trucks, has been clarified. 4. Paragraph 27 (a), Page 32. The term "off-street parking" has been deleted, and the term "visitor parking" is now used to define additional parking. space requirements. 5. Paragraph 27 (d), Page 32. A new subparagraph has been added to require that all garages shall be constructed and have at all times maintained a fully operable automatic garage door opener. . . Mr. James Hagaman Page Two September 28, 1977 You have further expressed concern regarding the requirement that the Homeowners' Association be required to maintain the project common area, including the area between the streets and the resi- dences and the private park. We believe these provisions are already contained in the documents in that we understand the pri- vate park is included within the real property described on Page 1. Paragraph 13 and its subparagraphs requires the Association, in summary, to maintain the project common areas. The project common areas as is indicated in Paragraph 3 (d), Page 3, includes the entire project except the units. The units are the spaces within the structures. Therefore, the Association is responsible for maintaining the entire project, including the private streets, the exterior of structures, and all the real property, and excepting only the interior of structures. Certain rights in the common area have been granted pursuant to the definition "restricted common area". These areas will be depicted and defined on the project Condominium Plan, and may be subject to further revision and definition as that Plan is developed. If we can provide additional information or answer any questions, we will be happy to do so. Very truly yours, FRANK L. ASARO FLA:mad cc Shapell Industries Vincent Biondo, City Attorney Paul Bussey, City Manager 0 ASARO & KEAGY ATTORNEYS AT LAW FRANK L.ASARO 304 cALMIA STREET ROSCOE 0. KEAGY SAMUEL C. ALHADEFF SAN DIEGO, CALIFORNIA 92101 RICHARD D. SREGANTE TELEPHONE 239-3861 RICHARD R. FREELAND PATRICK J. OLMSTEAD September 6, 1977 Mr. Paul Bussey, City Manager City of Carlsbad 1200 Elm Street Carlsbad, California 92008 Dear Mr. Bussey: At the request of Mr. Theberge of Shapell Industries of San Diego, Inc., we are transmitting two copies of the proposed Declaration of Covenants, Conditions and Restrictions for Shapell Industries' Monarch Terrace Condominium project. The Declaration of Covenants, Conditions and Restrictions provide for a one phase condominium project. I believe that the specific concerns of the City of Carlsbad are covered by the provisions of Paragraphs 23, 27, 28 and 32. Paragraph 23 provides the standard condominium type use restrictions. These have been augmented by the additional use restrictions and design criteria contained in Paragraph 27. I believe the language in Paragraph 27 meets the specific concern of the City of Carlsbad. Paragraph 28 contains the enforcement provisions, and you will note that the Declaration may be enforced by the City of Carlsbad, who are made a party to the Declaration for purposes of enforcement. Paragraph 32, relating to amendments, has been augmented to provide that no amendments to Paragraphs 23, 27, 28 or 32 shall be effective unless first approved by the City Council of the City of Carlsbad. We trust that these documents meet with your approval. If you need additional information, please advise. FRANK L. ASAR FLA:jf Enclosures cc: Gus Theberge 0 1 Qr~' Shopell Industries of San Diego, Inc. 3272 Rosecrans Street A Subsidiary of San Diego, California 92110 Shapell Industries, Inc. (714) 222-0345 September 1, 1977 Paul Bussey, City Manager City of Carlsbad 1200 Elm Street Carlsbad, CA 92008 Re: Vale II (Monarch Terrace) Subdivision Dear Mr. Bussey: Please find enclosed herewith, for your review, copies of CCfR's which have been prepared in skeleton form to include the items which we discussed at the meeting of Thursday, September 1st. Also enclosed are two sets of caics *hich should accompany the building plans which I submitted to you last week. This will, hopefully, show you and the Planning Department the direction which we are taking as a result of our understanding of the current situation. Thank you for your cooperation. Sincerely, SHAPELL INDUSTRIES OF SAN DIEGO, INC. )th 7 Gus Thebe rge Development Coordinator :., — . - • • ._d ..d . . i h. A. ... A. -0 4 To Fred Mord flp1y wznitd John Stanley Prom John - NC) IPY JThCC5SUJ CITY MEMO FROM RAGMAN TO BIJSSEY CONDOMINIUM DEVELOPMENT IN AREAS APPROVED BY SPECIFIC PLAN In reviewing the memo, I felt several comments would be appropriate. I recognize that what may be substandard" depends on your beginning premise. It is akin to the difference between a glass of water which may " be either "half full" "half hail empty U As one involved when "history was made' several omissions aicl incorrect assumptions appear in the memo. most prominent misstatement is that the specific plans were nothing * I. than Tract maps An integral part of the specific plans were the ) CC&R's for each plan,; These CC&R's were required to be and were in -( submifted to the City for anprovaiL The CC&Rs etahlished deveiooment standards greatly in excess of those which would have been required. with C onventional zoning. At the time Vale 1111 (Warmington) was approved, it was not -'-ied that development would be similar to cxi sting condo d I3n..en -ts at La Costar. We had been very disappointed with prj developments and specifically fe that the density allowedy- o high and that the use of common parkan shoui üiaged0 Consequently. the CC&R.ts provided for a specific number of units per lot and required two off street parking places, one being covered or enclosed. We in fact contemplated a mx of units along the line of Green View and La Costa Village ) both. of which have individualized units and private streets at a densir oflese than 10 units to the acre -though 40 would have been allowed under the Zoning Code. - -. The project is not substandard but in effect greatly exceeds the reouired standards. The standards to be applied ii1ue of a mediuiiideirisit uitelpneni,. e. g. R-3 as opposed to that of medium low density, e. g. R-1 . The only difference is that single units are envisioned instead of buildings containing tvio or more unrts. For instance in Marbella there is no space between the garages and the internal private street. Guest parking is almost completely bini.Lcd to pat-king in front of the iaragcs with resulting traffic conestiori. in La Costa Village and Green View some Lreet yard et backs arc virtually nonexistent. - a MEMO - Fred 1\1 July 28, 1977 Page Two An additional reason why street set backs are as small as indicated is that the City requested additional street width though there appears to he no legal justification. However, the effect is to greatly increase the availability of guest parking on the private streets In addition the plan submitted provides for covered parking greatly in excess of that otherwise required. The homeowners association will also be employed to assure maintenance of individual units as well as maintenance of the streets.. Is ' e-e no more reason why the City should be subject to any more pressure fo the maintenance of these private streets than would he the case in Green View. Oversizing of the utility systems means no additional costs to the City. The City furnishes none of the utilities. It is self evident that less use mepns less wear and tear. In any event, a conventional apartment could have been built at the same density which likewise lessens the burden of the City's sewer and water capa cities In the same manner, the nature of the proposed development no more requires the City to allow higher densities in other areas than 3Ljd conventional apartments at the same density. In jib wayis the Gneral Plan bei riolated. Accordincr to the Carlbad General 1tI 1Y ris are intended only to set a 'guaranteed d ensity l? at the lower end with anything in excess subject to proof of worthiness Specifically, the setting of density instead Of specifying types of residential development at a specific number of units per acre was intended to encourage flexibility in using zoning and specific plans. (See General Plan, Classification ) Residential) Vale II: Shapell In this project all of the City's arguments because of the failure to meet density fall. The City !s eomilaint iS •LhaL it do riot :Ce&. ihaL . has sufficient development standards to control the project. llowevet, even as the subject report finally conceeds there is no difference in the standard from any other parcels of property subject to higher density than The report ignores the fact that conventional development: st:andards have been met: major circulation, parks, schools, water, seviar, and other public facilities. The report _ ass umes a desirability fox - the City to assume the IUflCtC)fl Of dcterrninitig site and architectural quality instead of lcavin that function in the private sector whore it would bccictermwed by i1ie market place. a ME MO - Fredly Jfly 28 ) 1977 Page Three None of the alternative solutions would be acceptable to me and I would have considerable doubt if any of them would be legal unless they were applied to all property regardless of how zoned. I see nothing which would require any change wha±soever. Contrary the benefits to the City appear to far outweigh any detriment. To enumerate only a few; (1) traffic burden is lessened ) utility consumption is lessened, park and school burden lessened; (2) preferred housing is made available at less land cost; (3) response to a market demand of those who desire detached dwelling units without large yards which require large expenditures of energy and labor. In short what the report proposes to do is defeat one of the'City's major goals in its General Plan: to encourage innovative planning to provide for a mix of housing to meet a variety of nee is. JO V. STANLEY a S S -F- •• 200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Manager TELEPHONE: (714) 729-1181 Citp of rtdab July 13, 1977 Gus Theberge Development Coordinator Shapell Industries of San Diego, Inc. 3272 Rosecrans Street San Diego, California 92110 Subject: Vale II Subdivision Thank you for your letter dated June 27, 1977. Your concern over the Vale II subdivision lots is certainly understood. The staff, however, is trying to respond to City Council concerns which have been repeatedly expressed over certain development problems. There is little question that the original subdivision approval contemplated condominiums, but of a different • nature and configuration than now proposed. The development proposed may or may not be considered as an improvement over the original plans, but there are • no development standards which the project can be judged against. - I will bring this matter to the Council's attention as early as possible to determine if they.wish to take any action on this matter. You will-be kept informed of any action concerning this matter. ce, P UL City Manager PDB: ldg 8 0 1200 ELM AVENUE CARLSBAD, CALIFORNI A 92008 AN S. TELEPHONE: (714) 729-1181 Jue.y 8, 1977 Gus The.be/Lge -Z r-,7 'z- - 1~5 -5 -k- SHAPELL INDUSTRIES 3272 Ro4ecJLctn4 S.tie.e.t Sari Diego, Cati6 o&nia 92110 1E: PRELIMINARY PLANS FOR VALE 11 SUBDIVISION Ve.cvz. Wi.. The.be./i.e.: As I m entioned to you I have d..L4ctL.s.oe.d yoax p/i.e.tLm-IriaJi.y p!.ctn.s with the City Marutge.ii.. He agxe.e.4 with me that the concept o4 oa.'i. piui.p.oe .shou2d be it..e.v,Le.we.d by the City Cou.nc-U beoii.e any mo'te. wonJa is done.. You.'i. £e..t;te.x and oa Jtepoftt wLU be submitted to the Cou.ne..Li on the-iii. Jwey 19, 1977 meeting and w..LU be avaLPLctbe. on JLe.y 15, 1977. you W..L4PL you may ob tain one {i.om .th.L4 oh-Lea. Ij you have any questions, p.eecte jeet £/i.e.e to c.aU me. S..Lncefi.e.y, Bad Pe.ende.ii. ASSISTANT PLANNING DIRECTOR BP: a/i. : Shapell Industries of Son Diego, Inc. 3272 Rosecranc Street A Subsidiary of San Diego, California 92110 Shapell Industries, Inc. (714) 222-0345 June 27, 1977 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Att: Paul Bussey City Manager Re: Vale II Subdivision Dear Mr. Bussey: I met this morning with two members of the Planning Department staff to discuss our Monarch Terrace project, designed to be built on Vale II subdivision lots. This condominium project, according to a letter (enclosed herewith) from Mr. Stanley at La Costa, is in conformance with the condo notes on said subdivision so that it is our intention to obtain building permits without further ado. Upon meeting with the staff however, Mr. Plender informed me that although we were technically in conformance with the Specific Plan and P.C. zone, the staff would refer this development to the City Council for review and recommend reversal of the Specific Plan guidelines permitting this type of subdivision. The basis for this action is apparently that current concepts regarding planning and control of such condominium projects can-- not be properly managed under the Specific Plan and P.C. zone. It would appear to me that at such time as the Vale II subdivision was approved, a contract was established between the City of Carlsbad and La Costa to which each party is bound. Shapell Industries would like to proceed with its development as quickly as possible and is willing to perform according to the requirements set forth in the ordinance. • 0 Paul Bussey City of Carlsbad June 27, 1977 Page Your prompt attention to this matter will be greatly appreciated. Regards, SHAPELL INDUSTRIES OF SAN DIEGO, INC. Gus Theberge Development Coordinator h cc: Tim Flanagan Bud Plender Iry Roston • John Stanley I. WRITE i... DON'T SA41T Date LJ2 To 11W BOSTON Reply wanted LP CSt From JOHN STANLEY No ieply necessary Re:• VALE II CONDOMINIUM NOTE You have requested my opinion as to processing for a condominium project consisting of one or more subdivided lots within this subdivision with the City of Carlsbad. The Subject Property is zoned P. C The subdivision map bears a note which recites that the applicable lots h are lots and is (sic) a condominium project as defined in Section 1350 of the Civil Code of the State of California ) and is filed pursuant to the Subdivision Map Act". Under this procedure, each lot is thus a subdivision (condominium) and. no further subdivision map need be filed. Government Code Section 66427 provides that the governing body cannot refuse to approve a subdivision because of the placement of buildings etc., so long as they are not violative of local ordinances. Civil Code Section 1370 provides that unless a contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums rather than by lease of apartments. The City of Carlsbad has not expressed a contrary intent by ordinance. Under the P. C. ordinance, prior to last year's amendment, setbacks were established by each specific plan. In the early subdivisions, the specific plan resolution made no references to setbacks but merely left them to establishment in the CC&R's. For Vale II, we provided only for a front yard setback. No side yard setbacks were established as we con- templated that a project might consist of more than one lot. Subsequent P. C. zoned subdivisions have in'corpQrated conventional set- backs by specific references to those required in conventional subdivisions, e. g. H-i in Green Valley Knolls, It is my understanding that because there is no reference in Vale II to side yards, the City Engineer has interpreted this to require those which would be required in a RDM zone. The BDM zone (Carlsbad Code Section 21, 24. 050(3)) allows a zero side line setback upon application if the owners of both lots are in agree- ment. However, where adjacent lots are owned by the same person, I see no legal reason why an application would be necessary. The Carlsbad Code Section 21. 04. 075(2) defines building site as including two or more lots when used in combination for a building or group of buildings. Section 21.46.-050 provides for arf automatic modification of side yard requirements where a building or group of buildings covers the common boundary line between two lots. In such cases, the combined HS I] •M E.M 0 Iry Roston S - June 21, 1977 5 - Page Two lots constitute a single building site. In conclusion I see no legal reason why building permits cannot be drawn for structures which might either cover lot lines or encroach in what would otherwise be required side yards. In addition, I see no practical reason why the City should first require a boundary adjustment eliminating interior lot lines as a condition of granting building permits as the City's building code allows the City to require the construction of necessary improvements as a condition of approval of building permits. In the instant case, all subdivision improvements which would be required have already been installed. The only caveat I would add is that it may take City Council action to clarify the matter and compliance with the simple procedure of a boundary adjustment might be faster. Accordingly, it is my recommendation that a conference with the City Engineer and Planning Director be set up to determine their respective positions before proceeding further. JOHN V. STANLEY cc: David Zenoff Fred Morey a I 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714) 729-1181 (itp of Qdgbab June 6, 1977 41 W.R. Effinger SHAPELLt INDUSTRIES 3272 Rosecrans Street San Diego, California 92110 Dear Bill: EFFI NGER JUN - 7 1977 SHAPELL. I have reviewed your request to build models- for Monarch Terrace .. north of the Monarch Hill and place models, west of Perenne Place. I am sorry to inform you that such a request, as proposed, can not be granted. Based on the adopted Specific Plan for the area, only single-family units can be built on each recorded lot and each must meet the development standards established' in the R-1 zone. I do not know of any provisions that would permit what you want to do even though you prose to bond for the removal of the units at the end of three years. If you have any further questions on this matter, feel free to call me at any tine. Sincerely, Bud Pleader ,ASSISTANT PLANNING DIRE=R MZ :BP: ar • :. I GENERAL .1. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND ELEVATIONS BEFORE STARTING WORK, AND SHALL NOTIFY THE ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES. 2. ALL WORK SHALL MEET THE REQUIREMENTS OF THE UNIFORM BUILDING CODE, 1973 EDITION, AND THE CITY OF SAN DIEGO BUILDING CODE. 3. WHERE NO CONSTRUCTION DETAILS ARE SHOWN OR NOTED FOR ANY PART OF THE WORK, SUCH DETAILS SHALL BE THE SAME AS FOR SIMILAR WORK SHOWN ON THE DRAWINGS. - '+. THE CONTRACTOR SHALL DESIGN, CONSTRUCT AND MAINTAIN ALL SAFETY DEVICES, INCLUDING SHORING AND BRACING, AND SHALL BE SOLELY RESPONSIBLE FOR CONFORMING TO ALL LOCAL, STATE AND FEDERAL SAFETY AND HEALTH STANDARDS, LAWS AND REGULATIONS. ABBREVIATIONS AB ANCHOR BOLT H HORIZONTAL ARCH ARCHITECTURAL LTW LIGHT WEIGHT BF BOTTOM OF FOOTING MB MACHINE BOLT • BM BEAM OC ON CENTER CLR CLEAR OH OPPOSITE HAND - CONN CONNECTION SIM SIMILAR CKS COUNTER SINK SQ SQUARE - DIA DIAMETER TYP TYPICAL EA EACH • IJON UNLESS OTHERWISE NOTED EN EDGE NAIL V VERTICAL ES EACH SIDE WP WATERPROOF EW EACH WAY WI WITH FF-. FINISHED FLOOR WWF WELDED WIRE FABRIC FN FIELD NAIL 0 DIAMETER GA GAUGE HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE 'R.. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE- 11 REINFORCED CONCRETE 1. CONCRETE STRENGTHS: THE CONCRETE STRENGTH SHOWN IN THE FOLLOWING TABLE IS: THE MINIMUM COMPRESSIVE STRENGTH AT 28 DAYS; THE AGGREGATE SHOWN IS THE MAXIMUM SIZE; THE CEMENT CONTENT IS THE MINIMUM NUMBER OF SACKS PER CUBIC YARD; AND THE SLUMP SHOWN IS THE MAXIMUM IN INCHES. ITEM OF STRENGTH AGGREGATE CEMENT SLUMP CONSTRUCTION (P.s.I.) (INCHES) (SACKS) CINCHESY FOUNDATIONS AND SLAB ON GRADE 2,000 314 5.0 4 2. REINFORCING STEEL: ASTM A-615, GRADE 40. .3. WELDED WIRE FABRIC: ASTM A-185, FLAT SHEETS. 4. MINIMUM PROTECTIVE COVER FOR REINFORCING STEEL: A. ON EARTH SIDE WHEN PLACED AGAINST EARTH-------------3 1? B. ON EARTH SIDE WHEN FORMED---------------------------2 11 C. WELDED WIRE FABRIC-----------------CENTER LINE OF SLAB 5. ANCHOR BOLTS AND DOWELS: SECURELY HELD IN PLACE PRIOR TO PLACING CONCRETE. 6. SPLICES IN REINFORCING: LAP 40 BAR DIAMETERS OR 11_6T1, WHICHEVER IS GREATER. 7. SPACER TIES: FURNISH 3 TIES @ 4'-0" IN ALL BEAMS AND FOOTINGS, UNLESS OTHERWISE SHOWN IN DETAILS. 8. SEE ARCHITECTURAL, MECHANICAL AND ELECTRICAL DRAWINGS FOR LOCATIONS OF PIPES, DUCTS, VENTS AND SIMILAR OPENINGS. 9. CHAMFER: 3/4fl ON ALL EXPOSED CORNERS. HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 2 - LUMBER 1. FRAMING LUMBER: GRADE STAMPED D.F. (SEE LUMBER GRADES). 2. TOP PLATES OF WOOD STUD WALLS: TWO PIECES, SAME SIZE AS STUDS, STAGGER SPLICES L.1 _0 11 MIN. 3. TWO-INCH FULL WIDTH SOLID BLOCKING (FIRE STOPS) SHALL BE IN ALL STUD WALLS AND FURRED SPACES SO THAT THE MAXIMUM DIMENSION OF ANY CONCEALED SPACE IS NOT OVER 10 FEET. L.• ALL ROOF AND FLOOR JOISTS OVER k INCHES. DEEP SHALL HAVE THE ENDS HELD IN POSITION WITH: A. FULL DEPTH SOLID BLOCKING. B. BRIDGING. C. NAILING OR BOLTING TO OTHER FRAMING MEMBERS. D. APPROVED JOIST HANGERS. 5. TWO-INCH FULL DEPTH SOLID BLOCKING SHALL BE PLACED BETWEEN FLOOR JOISTS OVER 10 INCHES IN DEPTH AT INTERVALS NOT EXCEEDING 8 FEET ON CENTER. AND ROOF JOISTS OVER 12 INCHES IN DEPTH 6. PLYWOOD INSTALLATION: LEAVE 1/16 SPACE @ END JOINTS AND 1/8 1! AT EDGE JOINTS. 7. ALL BOLTS AND NUTS SHALL BE FITTED WITH CUT STEEL WASHERS. 8. BOLTS IN THE WOOD SHALL BE NOT LESS THAN 7 DIAMETERS FROM THE END AND Lf DIAMETERS FROM THE EDGE UNLESS OTHERWISE DETAILED. 9. BOLT HOLES: 1/32' LARGER THAN THE BOLT DIAMETER. 10. SILL BOLTS: PROVIDE 5/8 INCH DIAMETER ANCHOR BOLTS WITH A MINIMUM OF 7 INCHES EMBEDMENT INTO THE CONCRETE AND WITHIN 8 INCHES OF EACH END OF THE PLATE. 11. NO WOOD OTHER THAN APPROVED PRESSURE-TREATED WOOD SHALL BE NEARER THAN 6 INCHES TO ANY EARTH UNLESS SEPARATED BY CONCRETE AT LEAST 3 INCHES IN THICKNESS WITH AN IMPERVIOUS MEMBRANE INSTALLED BETWEEN THE EARTH AND CONCRETE. 12. FRAMING CONNECTORS: SIMPSON STRONG-TIE OR EQUAL. ALL FRAMING CONNECTORS SHALL BE I.C.B.O. APPROVED AND INSTALLED ACCORDINGLY. HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 3 LUMBER GRADES DOUGLAS FIR - GRADING RULES NO. 16 1. LIGHT FRAMING 2" TO LfT? THICK, 2" TO Lf?I WIDE, STANDARD LIGHT FRAMING 2. STUDS AND BLOCKING 2" TO 4" THICK, 6" AND WIDER, X 6 POSTS NO. 2 STRUCTURAL JOISTS AND PLANKS 3. ROOF AND CEILING JOISTS 2" TO 4" THICK, 6"AND WIDER, AND FLOOR JOISTS NO. 2 STRUCTURAL JOISTS AND PLANKS 4. BEAMS AND STRINGERS -, 5" AND THICKER, WIDTH MORE THAN 1" GREATER THAN THICKNESS, NO. .1 STRUCTURAL BEAMS AND STRINGERS. 5. 1 x 4 POSTS CONSTRUCTION. LIGHT FRAMING PLYWOOD DOUGLAS FIR - U.S. DEPARTMENT OF COMMERCE PS1-74 1. 318" PLYWOOD SHEAR PANELS GROUP I, STRUCTURAL I, INDEX 2410 2. 3/8" PLYWOOD ROOF DECK GROUP I, STRUCTURAL I, INDEX 24/0 3. 112" PLYWOOD GROUP I, STRUCTURAL I, INDEX 32/16 4. 5/8" PLYWOOD FLOOR DECK GROUP I, STRUCTURAL I, INDEX 42/20 • HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 4 ,!AILUNIG -SCHEDULE UBC TABLE: CONNECTIONS LISTED ARE MINIMUM PERMISSIBLE. ALL NAILS SHALL BE COMMON NAILS UNLESS OTHERWISE NOTED. WHERE POSSIBLE, NAILS DRIVEN PERPENDICULAR TO THE GRAIN SHALL BE USED INSTEAD OF TOE NAILS. 1. JOIST TO SILL OR GIRDER, TOE NAIL --------------------------- 3.sd 2. BRIDGING TO JOIST, TOE NAIL EACH END------------------------28d 3. SOLE PLATE TO JOIST OR BLOCKING, FACE NAIL-------l6 AT 16" O.C. 1, TOP. PLATE TO STUD, END NAIL--------------------------------216d 5. STUD -TO SOLE PLATE., TOE NAIL -------------------------------- LF8d 6. DOUBLED STUDS, FACE NAIL--------------------------16d AT 24" O.C. 7. DOUBLED TOP PLATES, FACE NAIL--------------------16d AT 16" O.0 cl 8. TOP PLATES, LAPS AND INTERSECTIONS, FACE NAIL-------------- 3-16 9. CONTINUOUS HEADER, TWO PIECES, ALONG EACH EDGE---16d AT 16" O.C. 10. CEILING JOISTS TO PLATE, TOE NAIL---------------------------38 d 11. CONTINUOUS HEADER TO STUD, TOE NAIL -------------------------- 12. CEILING JOISTS, LAPS OVER PARTITIONS, FACE NAIL------------ 13.. CEILING JOISTS TO PARALLEL RAFTERS, FACE NAIL--------------3-16 14. RAFTER TO PLATE, TOE NAIL-----------------------------------38d 15. 1" BRACE TO EACH STUD AND PLATE, FAE NAIL------------------ 16. BUILT-UP CORNER STUDS ---------------------------- 16a AT 24" O.C. 17. PLYWOOD NAILING SCHEDULE - STRUCTURAL LOCATION EDGE NAILING FIELD NAILING, EXTERIOR WALL AND ROOF . SHEATHING @ 6" 8d @12" FLOOR SHEATHING 10d @ 6" 1O- @ 10" - 8d @ 12" 8d @ 4 11 8d @ 12" 11 USE GALVANIZED CASING NAILS ON EXTERIOR WALL SHEATHING.. HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUIT.E.B, SAN DIEGO, CALIFORNIA 92110 PAGE 5 . J - _ Jô ZkJ-U ALVP 3k2 V) L4 ( TP tC2L V vo ! 1HTrTt Ai ------ 9LJ /1:- TI Pe-' \jVLrLLi HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 6 1L • --- •.-- ___ - HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B. SAN DIEGO, CALIFORNIA 92110 PAGE 7 • I *4r\f! Corç, - _ 1l 4C j )i' 2LY Ir,lI r I j) HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 8 h L -- t?J A -uD-- 4 ~v -1 iIiII -1 kL-i I kQ}3fi@ A ~b- HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 9 - - ----- j%M2L i 51 L-- .--- *4 T& HOMER DELAWIE ASSOCIATES, A..LA. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 10 1 -U2 2 r 7L4 4,o ro To 4 J ---- I R, R--( i2 I Ii (T1E.1TY9. T?. HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 11 H --p-----------5:r F=P7 Ii 4pIJ(-4 U \ I! L —* Owl ?1L1X kA) sc — P)aJ \Aj - a Wi ) '1 -DcL Ui arw I Er I 'OR- LAF4115 64 iii1 -T-- 4L — --------,--,-------- ---.---- — 41TT __ - --- — ---. *._. -.#. -__._.•-_s___.__. -t --t---. - I HOMER DELAWIE ASSOCIATES, A.I.A. 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST.,, SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 12 - - -.--- • -- \ i : HOMER DELAWIE ASSOCIATES, A.I.A 2827 PRESIDIO DRIVE, SAN DIEGO, CALIFORNIA 92110 GEORGE R. SAUNDERS ASSOCIATES, STRUCTURAL ENGINEERS 2905 CADIZ ST., SUITE B, SAN DIEGO, CALIFORNIA 92110 PAGE 13 STAFF REPORT DATE: October 28, 1981 TO: Planning Commission FROM: tPlanning Department SUBJECT: CP 36(A) - VALE III - An amendment to an approved con- dominium permit for a 336 unit condominium project located on Piraqua and Venado Streets, west of Cadencia in the P-C zone. I. PROJECT DESCRIPTION AND BACKGROUND This item is an amendment to a previously approved 243 unit con- dominium permit located as described above. Since the original approval, the ownership has changed and the new applicant now requests to increase the number of units by 93, totalling 336 for the project. The Planning Commission may recall the original project which consisted of a combinatin of 107 detached units and 116 attached units. A co-lored exhibit of the original plan will be on display at the Planning Commission meeting. The project as now proposed is substantially different than the original. Besides the increase in the number of units, the pro- posed project consists of entirely attached units. The projects proposed density is now 8.2 dwelling units per acre which is greater than the 5.9 dwelling units per acre approved for the original project. The proposed density is still less than the 10-20 du's/ac range designated, for this, site on the Land Use Ele- ment of the General Plan. As shown on Exhibit "C", five unit types are proposed, ranging in size from a 2 bedroom, 1160 square foot unit to a 3 bedroom, 1880 square foot unit. Of the 336 units, 56 would be one and two- story townhouse units. The units are arranged in clusters cor- responding with the existing graded pads on the site. II. ANALYSIS Planning Issues 1. Does the project meet all development standards.of the Condominium Ordinance? 2. Does the project meet all design criteria of the Condo- minium Ordinance? EXHIBIT B is III. DISCUSSION Development Standards As proposed; the project meets all development standards of the Condominium Ordinance. Two parking spaces per unit will be pro- vided in carports located adjacent to each building cluster for 280 of the..units. A two car garage will provide the required parking for each of the remaining 56 units. The 87 required visitor parking spaces will be provided along Venado Street and Piraqua Street. Staff can support the location of the visitor parking spaces on the two streets because they are conveniently located to the units they serve and, since the streets are entirely within the project, there would be no demand for visitor parking on this street by other projects in the vi- cinity. Also, visitor parking on Venado and Piraqua Streets was approved on the original plan and no concerns were expressed by either the Planning Commission or City Council at that time. The recreational requirements for the project-would be met by a combination of common and private recreation facilities. Two large common recreation facilities will be located on either end of the project. The first, adjacent to Cadencia Street, consists of a swimming pool, jacuzzi, tot lot and two tennis courts. The second, located on the opposite end of the project, consists of a swimming pool, jacuzzi and multi-purpose court. In addition, two jacuzzis and several barbeque and bench areas would be inter- spersed throughout the development. Along with the common facilities, each unit would have a balcony and/or patio. Overall, the required 200 square feet of recrea- tion area per unit is met by this project. In addition, all other development standards are met by the proposed project. Since the project is in the P-C zone, no specific setbacks or other zoning standards have been established for this site. Staff is recommending that the standards of the RD-M zone be ap- plied to the project. The applicant has been made aware of this recommendation early in the process and has designed the project to conform to these zoning standards. - Additionally, all applicable conditions of the original condomin- ium permit relating to grading, access to La Costa Canyon Park and fencing around the perimeter of the project are incorporated into the new resolution of approval. Design Criteria Staff believes that all design criteria of the Condominium Ordi- nance have been met by this project. Specifically, the units, recreation areas and parking areas are well integrated and tied -2- I together by a pedestrian circulation system. Also, the common recreation areas are interspersed throughout the site so that they are accessible to all the units. Each cluster of units shares an access driveway to Venado and Piraqua Streets with only three units on lot 289 having indi- vidual access to a public street. Staff believes that traffic conflicts will be minimal since no through traffic will exist on these streets. As designed, the units are oriented to take advantage of the view of San Marcos Canyon which wraps around the site to the north and west. The majority of units will have a view to either the Can- yon or the open space created by the SDG&E easement adjacent to the south. This particular site provides some of the best views in La Costa. Overall, staff is satisfied that the project meets all design criteria and development standards of the Condominium Ordinance and, therefore, is recommending approval. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental ef- fects of this project have been considered as part of a previous- ly certified Negative Declaration (log No. 626, dated December 19, 1979) and, therefore, has issued a Notice of Prior Environ- mental Compliance on October 5, 1981. The environmental docu- ments are on file in the Planning Department. V. RECOMMENDATION It is recommended that the Planning Commission approve the Notice of Prior of Environmental Compliance and ADOPT Resolution No. 1882i recommending APPROVAL of CP 36 (A) to the City Council based on the findings and subject to the conditions contained therein. Attachments Planning Commission Resolution No. 1882 Location Map Background Data Sheet Exhibit "X" - Proposed Phasing Plan Reduced Site Plans and Elevations Environmental Documents Exhibits "A" - "F", dated September 17, 1981 mi/wi 10/15/81 -3- H 137CKGPLOUND DATA SIIEP CASE NO: C 36(A) APPLICANT; La Costa Vale Ltd. ..,. • 1EJESTMDIXTION:' amendment to a tentative tract nap and condominium permit for a 336 unit residential project Tlocated on Piraqua and Venado Streets in LaCosta LEGAL DEScRIPTION:Lot 's 274 through 28a andlots 291 through 295 of CT 72-20, Unit No. 2, County of Sari Diego, filed October 26, 1973 Assessors Parcel Nunter: 223 - 190 02 through 22 'Acres 40.8 No. of Lots 336 airspace units -and 20 land lots GENERAL PLAN AND ZONING • General Plan Land Use Designation • • 0 Density Allowed 10-29 du/ac DensityProposd 8.22 du's/ac 0 • • : sg Zone P-C . Proposed Zone - .- • •Soimdg Zoning and Land Use: •: • : :• Zoning Land Use North P-0 $an Marcos Canyon South P-C DG&E easement East P-C yacant West P-C n Marcos Canyon 0 • 0 0 0 : • •. PUBLIC FACILITIES 0 • School District Encinitas UnionElementry a nd R an Dieguitoigh Sc1ioo1Dis Water District Olivenhain 0 • • • • 0 • Sewer District Leucadia County Water District .EDU's 50 Public Facilities Fee Agreement, dated 0 (Other: 0 • 0 • • •• 0 x Negative Declaration, issued J2/1 9/79 Log No. 626 B.I.R. certified, dated Other, Prior compliance, issued 10/5/81 - • • 0 • •• •. Proposed Construction Phasing & Sequencing Phase Site No. 1 thru 5 I]: 6 thru 7 • III 9 thru 12 Iv 13 thru 16 V 17 thru 21 Phase I II III IV. V Proposed Start of Construction January 1982 January 1983 January 1984 January 1985 June 1985 15 114, I I I ill 1' 1% I I l I 1• 1 ' t j •'1' P a :x o Kivotoki AuocIitii I! 7ro, COTSh V.CX.3, L1U cStst Poi 11agO4b&)CDSt4.) (14)k1(SY& —U 0 INS L T77f Al AL Kiyotoki Associates I LA COT, Tfl Sea, Pointe" C Vi1taac a Lv costa., Architccts nd Land Planners 1/ 714 L Ir &. ('UL W 1iY JW IJ siouu puei VO3 j SGO$S' • • • •I•p,t .& 091 Ld' 90 cVO) (1J C7V 091/)i(2) MU?jh cc -I ., • MOT • Z • .LziS SSH LO 05 11 GCI 4, IA COSTA VALE LTD. Page 1 of 2 DISCLOSURE STATEMENT MAJOR CtxDMINIUM PERMIT APPLICATION Filed September 10, 1981 1. Applicant and Owner/Developer La Costa Vale Ltd. (a California Limited Partnership) dress: 01° Dartmoor Development Co. /Con Am Properties, Ltd. 1764 San Diego Avenue, San Diego, CA 92110 Attention: Kenneth A. Lipinski or John Cooper Telephone: 714/297-6771 714/295-5201 2. Parties with Beneficial Interest in Applicant: of Ownership State of Date of Corporate Name/Address/Phone Number Interest Incorporation Incorp. Number Continental La Costa Properties, Inc. 37½% California 3/17/81 95-3589823 Co-Managing General Partner 1764 San Diego Avenue San Diego, CA 92110 7141297-6771 Dartmoor Development Co., 25% California Co-Managing General Partner 1764 San Diego Avenue, Suite 217B San Diego, CA 92110 714/297-6771 Continental La Costa Equities, Inc. 15% California General Partner 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 Continental La Costa Investments, Inc. 15% California General Partner 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 Continental American Management Corp. 3/4% California Limited Partner 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 12/5/80 95-3596073 3/17/81 95-3589821 Shareholder(s) Information Daniel J. Epstein 100% do ConPm Properties Ltd. 1764 Sari Diego Avenue, San Diego, CA 92110 714/297-6771 Kenneth A. Lipinski 100% c/a Dartmoor Developnerit Co. 1764 San Diego Avenue, San Diego, CA 92110 714/295-5201 Lester B. Korn 100% 1764 San Diego Avenue, San Diego, CA 92110 714/297-6771 3/17/81 95-3589827 Richard M. Ferry 100% 1764 San Diego Avenue, San Diego, CA 92110 714/297-6771 8/1/75 95-2949467 Korn/Ferry International, a California corporation 1900 Avenue of the Stars 21st Floor Century City 100% Los Angeles, CA 90067 213/879-1834 3• Page 2 of 2 Date of Corporate Incorporation Niruber 12/29/75 95-3005655 Shareholder(s) Information Continental American Managennt Corp. 1% 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 Paul Putney 44% 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 Bernard Schulte 22% 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 John E. Iohries 11% 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 Daniel Axlerod 11% 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 J. T. Warring 11% 1764 San Diego Avenue San Diego, CA 92110 2. Parties with Beneficial Interest in Applicant (continued): % of Ownership State of Name/Address/Phone Nnber Interest Incorporation Con Am Investors Ltd., Limited Partner 6 3/4% California 1764 San Diego Avenue San Diego, CA 92110 714/297-6771 I declare under penalty of perjury that the information contained in this disclosure is true and correct, and that it will remain true and correct and may be relied upon as being true and correct until amended. Ia Costa Vale Ltd., Applicant By: Dartmoor Development Co., Co-Managing General Partner Kenneth A. Lipinsla-j/ 0 . Q REVISED STAFF REPORT DATE: May 14, 1980 TO: Planning Commission FROM: Brian Milich, Planning Department SUBJECT: CP-36, SHAPELL INDUSTRIES OF SAN DIEGO, INC. - •243 uniTE coria6minium development on Piragua and Venado Streets, La Costa. I. PROJECT DESCRIPTION The applicant has submitted revised plans for a 243 unit condominium development on 40.8 acres in La Costa. The subject property has been previously graded and subdivided into a total of 21 lots (see CT 72-20). In addition, to grading both Piragua and Venado Streets have been paved and improved. Approximately 60,000 cubic yards of additional grading is proposed. This grading is necessary in order to establish the desired building pads and private streets, in addition to redirecting drainage so that all lots drain onto the streets. 107 of the proposed condominium units will be detached, single-family dwellings. These units will be one and two stories (maximum height of 25 feet), ranging in area from 1600 to 2800 square feet. The remaining 136 dwellings will be attached units, arranged in 8-plex clusters. These 8-plex buildings will be two-stories (maximum height of 27 feet), with units ranging in area from 800 to 1300 square feet. The project will be built in six phases since only 50 sewer connections have been presently allocated for the development. 42 units are proposed in phase one, with anywhere from 24 to 50 units proposed in phases two though six. Related Cases CT 72-20/SP-38: On June 5, 1973, the City Council approved a Tentative Map and Specific Plan for the development of 1,987 units on 290 acres. The subject property was included in this approval and designated by the Specific Plan for condominium development at 11 du/acre. All development standards and conditions of approval applicable to this site have been included as conditions of approval. r~ II. ANALYSIS Planning Issues 1. Is the property grating each of amenities? comprehensively designed, inte- unit types with the on-site 2. Do the private streets and pedestrian pathways provide safe and efficient circulation? Have sufficient visitor parking areas been provided? 3. Are the recreation areas adequate to meet the needs generated by the development? Discussion Development of this site was first reviewed by the Planning Commission on January 9, 1980. At that time the applicant was proposing 196 condominium units, all of which were detached single-family dwellings. The yards adjacent to the units were proposed as fulfillment of the open space requirements, and no common facilities were provided. In addition, all visitor parking was to be provided along Piragua and Venado Streets. At the January 9th meeting, the Planning Commission raised several concerns which were primarily related to project's design. Specifically, the Commission felt that the project lacked certain amenities including open recreation area and visitor parking. The Commission also felt that rather than being a comprehensively designed condominium development, the project more closely resembled a substandard subdivision. The applicant was granted a continuance in order to work with staff in an attempt to resolve these major design issues. The plans presently before the Commission (Exhibit "A" dated April 21, 1980) are the result of this effort. As proposed, the plans show a significant improvement in the project's overall design. Although the total number of units has been substantially increased, (47 additional units), the applicant was able to provide additional on-site amenities which were lacking in the previous proposals. Importantly, the project is now comprehensively designed, providing strong inter- relationships throughout the development. These interrelationships are enhanced through the dispersal of the common recreation areas, in addition to the development of a well integrated pedestrian circulation system. These amenities were possible primarily due to an increase in the number of attached dwellings, which opened up relatively large common areas. -2- 0 0 The revised plans provide an improved circulation system, reducing potential traffic conflicts and facilitating emergency vehicular access. This was acheived by reducing the length of some of the private streets (technically, they are private driveways per the condominium ordinance) and redesigning the parking areas within the attached unit clusters. Also, since the private streets are not wide enough to accommodate on-street parking and the spaces along Piragua and Venado Streets are, in many cases, not conveniently accessible, off-street visitor parking bays were provided in locations through the development. The applicant is also proposing sidewalks along the private streets in order to reduce vehicular/pedestrian conflicts and facilitate access to the recreational and parking areas. As previously mentioned, a major criticism of the original plans was the lack of usable open recreation area. The detached nature of the dwellings coupled with the small building pads created a number of small yards, which had limited utility for recreational purposes. The revised plans indicate the location of a common recreation area (one of five possible plans) within each of the dwelling clusters. These common facilities provide a larger and much more usable area, and, when coupled with the yards and balconies of the units, they exceed the recreational area requirements of the condominium ordinance. It should also be noted that the applicant is proposing a pathway from the southwestern edge of the site (lot 279) to the existing 9 acre La Costa Canyon public Park. The applicant will also be providing public improvements on Lot 290, owned by the La Costa Land Company and over which the city has accepted an easement for public parking and access to the San Marcos Canyon as part of the approval of CT 72-20. Specific improvements of Lot 290 are subject to the review and approval of the Parks and Recreation Commission and Planning Director. At 6 du/acre, the density of the project is somewhat less than the density established for this site by both the General Plan (10-20 du/ac) and SP-38 (11 du/ac). However, the proposed development is consistent with both the general and specific plans since previous grading of the site reduces the number of units which could be developed. Further, the property's underlying geologic condition precludes further site modification in a number of areas, thereby making it infeasible to regrade the site to accommodate additional units. -3- . 0 In several locations, the existing lot lines would intersect a proposed unit. Therefore, a condition has been added which requires the applicant to submit an application for an adjustment plat which removes lot lines which intersect proposed dwellings (see condition no. 8). Recommendation Staff recommends that the Planning Commission adopt Resolution No. 1629, recommending APPROVAL of CP-36, based on the findings and subject to they 6Editions contained herein. Exhibits Exhibit A dated Exhibits B, and Exhibit C dated BM: ar 5/2/80 April 21, 1980 D dated 4/8/80 12/14/79 4 0 BACKGROUND DATA SHEET • CASE NQ; CP36 APPLICANT. SHAPELL INDUSTRIES OF SAN DIEGO REQUEST AND LOCATION: 243 Condominium Development _______________________________________________ on Piragua and Venado Streets, La Costa. LEGAL DESCRIPTION: Lots 274-289 and 291-295 of CT 72-20 according to Map No. 7779. Assessors Parcel Nurcber: 223 - 190 - 02-22 Acres 4 0. 8 No. of Lots 21 GENERAL P1-AN AND ZONING General Plan Land Use Designation Medium High Density Residential (10-20 du/ac) Per SP-38 Density Allowed 11 du/ac Density Proposed 6 du/ac Existing Zone P-C Existing Land Use: Vacant Surrounding Zoning and Land Use: Proposed Zone zoning Land Use North P-C San Marcos Canyon South P-C Residential East _P-C Vacant West P-C San Marcos Canyon PUBLIC FACILITIES School District San Dieguito/Encinitas * Water District Olivenhain Sewer District LCWD EDU's 5-0 Public Facilities Fee Agreement, dated iarch :- -Vr-fe ibcinii!as School District has indicated na an agreuent or a -school site, covering the subject project, exists between the school district and the La Costa Land Co; thus school fees are not necessary. The San Dieguito District has indicated that school fees for their district should be assessed by the City at the time of building permits. ENVIRONMENTAL IMPACT ASSESSMENT Conditional Negative Declaration, issued on 12/19/80 Log No. 626. WPcJ.L ric*43 (pET-cfiEL U1[ 1E _ TLI- rl ITi .- - - A- - ,•=_v- __t-.\ -, ____/_____-----_ • ciç ILL .rt. • ' • . I • • f\\ L__! I fl: =•-i • C+y of Carlsbad ' Planning Commission case No.(t1L.k Exhbf No. Date :PS dr ~~ct - 4 REVISED STAFF REPORT 0 DATE: February 13, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: CP-36; SHAPELL INDUSTRIES OF SAN DIEGO, INC., 199 unit condominium development on Piragua and Venado Streets, La Costa. I. BACKGROUND On January 9, 1980, the Planning CommissiOn reviewed the applicant's request for a 196 unit condominium project on a previously graded 40.8 acre site. All of the units consisted of one and two-story detached structures, ranging in area from 1600 to 2800 square feet. The yard areas adjacent to each unit were proposed as ful- filling the open recreation area requirement. No common recreation facilities were proposed. Each unit had an attached two-car garage, with additional visitor parking provided on the public streets and private driveways. The density of the project was 4.6 du/acre, under half of the planned density (11 du/ac) approved in con- junction with SP-38. Based on the initial design of the project, staff recommended that the application be denied since, in staff's opinion 1 the development failed to meet the intent of the design criteria established by the City's Condominium Ordinance. Staff had several objections to the project, but the primary concern was that while the units created an outward appearance of single-family dwelling, the basic amenities for a single-family subdivision or a condominium development were not provided. Specifically, staff felt that the project lacked sufficient open recreation area since no common facilities were provided, and many of the yards adjacent to the units were small and afforded no privacy. Also, staff objected to the lack of con- veniently accessible visitor parking and the relatively low density of the development. With regard to density, it was felt that the site could handle more units, thereby bringing the project closer to the planned density. 40 The Commission voted to continue the project to tonight's meeting in order to allow the applicant time to work with staff in an attempt to alleviate staff's concerns. II. ANALYSIS During the interim period, the applicant has met with staff several times in an attempt to redesign the project. The applicant's most recent proposal (and in staff's opinion, the best design to date) has been included in the Commission's packet and is labeled Exhibit "A" (dated January 29, 1980). Also provided are the elevations for the proposed 4-plex structures (Exhibit "B") This partial redesign of the project shows an increase in the number of units from 196 to 199. In addition, three relatively large recreation areas have been provided in various locations throughout the subdivision. Finally, the number of off-street visitor parking spaces have been increased. These changes were made possible because 50 of the proposed units are now attached. These attached units are considerably smaller (ranging in area from 1014 to 1568 square feet) than the single family dwellings, and are arranged in 4-plex clusters. By attaching units, the applicant was able to eliminate the small yards between dwellings, thereby increasing both the number of units and area available for recreation. Based on the revised plan, it appears that the applicant has complied with all of the development standards established in the Condominium Ordinance, with the exception of the length of the driveway on lot 295. This driveway exceeds the maximum allowable length of 300 feet for single entry driveways. While staff believes that the changes proposed on the revised plan represent a significant improvement in the overall design of the project, the applicant has not mitigated all of staff's concerns and does not appear to meet the design criteria of Chapter 21.47. For this reason, staff is maintaining a recommendation of denial. Specifically, the majority of the development still has the appearance of a sub-standard single-family subdivision. As stated in the original staff report, the detached nature of the units increases the number of small and, in staff's opinion, unusable yards adjacent to these dwellings. This decreases the area available for larger, common facilities, in addition to reducing the number of units developable on the site. -2- Staff strongly believes that the single-family units (with areas of up to 2830 square feet) are too large for the amount of open area available adjacent to these units. In many cases, homes with up to 4 bedrooms have backyards which are as narrow as 10 feet. Further, in order to resolve a staff concern that accessible visitor parking was not available, the revised plan shows visitor parking bays located in a number of the front yards of the detached dwellings. Staff has suggested to the applicant to combine a substantial number of single-family units into duplex units to create more usable open space and diminish the cluttered appearance of the project. Further, if the project is approved as proposed, staff would recommend that all detached units maintain at least a 20 foot deep and 30 foot wide usable rear yard. The rear yard requirement would exceed 200 square feet the recreational open space requirement, however, staff feels this additional space is essential to provide recreational and open space amenities to the occupants of these units. Although staff feels that detached living units in a condominium project can be attractive and desirable, the design of this project creates an appearance of a substandard single family subdivision. Although staff is recommending denial of the project, if the Planning Commission votes to approve the dev- elopment, staff recommends that this item be continued to allow staff time to prepare a resolution approving the project based on the revised plan, Exhibit dated January 29, 1980. Recommendation Staff recommends that the Planning Commission forward a recommendation of DENIAL of CP-36 to the City Council based on the following find±gs: Findings: 1) The project is not consistent with the City's General Plan since the project's density falls considerably below the suggested density range established for this site by the City's General Plan and Specific Plan No. 38. 2) The project is not consistent with the design criteria requirements of Chapter 21.47 of the City's Zone Code since: -3- a. The plan is not comprehensive, embracing land, buildings and landscaping due to the detached nature of the units which creates substandard front and rear yards, in addition to reducing the overall coherence of the development. b. Adequate on-site amenities, consistent with the design of the devleopment, have not been provided since the size of the detached units dictates a need for larger yard areas. C. The buildings are not placed on the site in proper relationship with other functions of the dev- elopment since off-street visitor parking is placed within the front yards of several of the residences. d. The development is not consistent with planned land uses in the immediate area since the project's density falls considerably below both the Specific Plan and General Plan designations on the site. Attachments Exhibits "A" & "B" dated Jan. 29, 1980 Staff Report dated Jan. 9, 1980 Location Map BM:ar 1/31/80 0 0 STAFF REPORT DATE: January 9, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: CP-36; 196 UNIT CONDOMINIUM DEVELOPMENT (50 UNITS PHASE I) ON PIRAGUA AND VENADO STREETS, LA COSTA APPLICANT: Shapell Industries of San Diego, Inc. I. BACKGROUND Location and Description of Property The subject property consists of 40.8 acres on Piragua and Venado Streets in La Costa. The property has been previously subdivided into 22 lots, and pads have been graded under CT 72-20 and SP-38. Both the Tentative Map and Specific Plan were approved by the City Council on January 5, 1973. In addition to the grading, both Piragua and Venado Streets have been paved and improved with curbs, gutters, streetlight standards, and fire hydrants. As the property is presently graded, the lots drain away from the street towards the rear of each parcel. The applicant feels that this present drainage situation is undesirable and therefore is proposing a regrading of the lots so that drainage is directed onto the streets. In order to accomplish this, approximately 60,000 cubic yards of additional grading will be necessary. Since the San Marcos Canyon borders the property to the north and west, there is a concern regarding further grading of the site. However, all additional grading will be limited to previously disturbed areas (this was required as a condition of the negative declaration) and therefore, no adverse impacts to the San Marcos Canyon or any environmental resources are anticipated. Generally, the subject property slopes to the southwest, with an elevation differential between pads varying between 10 to 30 feet. The actual building pads will vary from 217 to 356 feet above mean sea level. Existing Zoning Subject Property: Planned Community (P-C) North: P-C South: P-C East: P-C West: P-C S Existing Land Use Subject Property: North: South: East: West: Vacant San Marcos Residential Vacant San Marcos Canyon (Plannued Unit Development ) Canyon Environmental Impact Information A declaration of negative environmental impact (EIA No. 623) has been issued for the project based on the following justification and subject to the following conditions: Justification 1. The project grading and lot formation was approved in conjunction with a certified environmental impact report (EIR No. 35). Measures to mitigate potential impacts created by the subdivision and grading were included as conditions of approval. 2. No significant historical or archaeological resources were discovered based on a thorough investigation of the site. 3. Although a substantial amount of additional grading is proposed, this grading will be limited to previously disturbed areas and will not effect the San Marcos Canyon or any significant environmental resources. 4. The density of the project is considerably less than the density permitted by CT 72-20/SP-38 and considered by EIR-35. 5. Some of the infrastructure necessary to handle a density of development higher than that which is proposed has been constructed. 6. Conditions which further mitigate potential impacts have been included, as part of this negative declaration. •C o'nd iti on s 1. The applicant shall limit all grading activities to previously graded and disturbed areas. 2. All grading and land clearance operations shall be subject to the review and approval of the City Engineer. The applicant shall obtain and strictly abide by an approved grading permit. .2 ft S 3. In order to reduce human and domestic animal impacts on the San Marcos Canyon, the applicant shall erect a minimum 42 inch high fence for the length of the project along the San Marcos Canyon rim. This fence shall be placed at the top of the Canyon (located entirely outside of any undisturbed natural areas), posted with "Danger/Keep Out" signs, and the fence shall not be visible from the canyon. Access to the San Marcos Canyon shall be limited to Lot 290. General Plan Information A. Land Use Plan: The City's Current Land Use Plan designates the subject property for medium high density (10-20 du/ac) residential development. However, a Specific Plan (SP-38) approved over the property designates the subject site for multiple-family (condominium) development at 11 du/ac. At 4.6 du/ac, the project falls considerably below the density limit established for this area. B. Public Facilities Element Sewer Service: As currently proposed, the project will be developed in 4 phases. This is necessary since only 50 sewer hook-ups have been presently allocated for this development by the Leucadia County Water District. The applicant is applying for 48 residential units plus six model homes in Phase I. As proposed, only two of the models would have sewer. However, the City's Planning Moratorium requires all units, including model homes, to have sewer. Schools: The subject property is located within the Encinitas and San Dieguito Union School Districts. A condition of approval of CT 72-20 stated that the applicant shall work with these districts to develop a mutal agreement regarding the impact on schools of this development. The school districts have been contacted and each has responded in writing to the City. The Encinitas School District has in- dicated that an agreement exists between the La Costa Land Company and the district, whereby a school site has been made available covering this project. Therefore, school fees are not required by the Encinitas School District. The San Dieguito Union School District has indicated that rather than a land dedication, school fees should be assessed at the time of building permit issuance. This would mitigate any potential adverse impacts on the school district created by the project. .3 . . Gas and Electric Service: SDG&E proides gas and electric service to the subject property. Each unit has a separate utility meter. Water Service: The Olivenhain Municipal Water District supplies water service to the subject property. Each unit will have a separate water meter. On-site and Adjacent Public Improvements: All necessary on- site and adjacent public improvements can be required as per the City's public improvement ordinance, or as conditions of approval. Other PublicFacilities: All other public facilities necessary to serve this project will not be available concurrent with need. The Planning -Commission may, by inclusion of an appropriate condition, require that the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development would pay for its appropriate share of public facilities it would require, the Planning Commission could be assured that the requirements of the public facilities element of the General Plan would be satisfied. C. Other General Plan Elements The project is consistent with all other elements of the City's General Plan. History and Related Cases CT 72-20/P-38: On June 5, 1973, the City Council approved a Tentative Map and Specific Plan for the development of a maximum of 1987 dwelling units on 254 lots (290 acres). (On October 26, 1973 the final map was recorded). The subject property was included in this approval and as a result, grading has been performed and streets improved. The subject site was designated for condominium development at 11 du/ac. In conjunction with CT 72-20, a number of conditions were placed on the tentative map. These conditions included the following: A street improvement agreement; park dedication and fees; undergrounding of utilities; school agreements; and a restriction on-storm drain discharge into the San Marcos Canyon. Note: From approximately mid-1977 to February of 1979, the applicant had been in contact with the City regarding the development of this property. Preliminary plan submitted for staff comment during this period proposed a mixture of both detached and attached condominium units, ranging from a total of 418 to 511 units on the site. Generally, staff reacted positively to the concept of mixing both attached and single-family units, however there was an indication that the density at 511 units may have been too high. .4 F_ O II. Maior Planninq Considerations 1. Does the overall design of the project meet the intent of the City's condominium regulations? 2. Has adequate visitor parking and sufficient open recreation area conveniently accessible to all units been provided? 3. Is the proposed density of the project consistent with the planned density which was established for the site under SP-38? 4. Are the garage setbacks and private driveway lengths consistent with the development standards established in Chapter 21.47? 5. Are six models, of which only two will have sewer, permitted by present City Code? III. Discussion The project involves an application for a 196 unit condominium development in La Costa. As previously noted, the property has been designated for condominium development, and both subdivided and improved with the approval of CT 72-20/SP-38. The units will be one and two-story detached dwellings (maximum height of approximately 25 feet), ranging in area from approximately 1600 to 2800 square feet. Each unit will be served by a private driveway, with each private drive, in turn, served by one of two existing public streets (Piragua and Venado Streets). Each unit will have an attached two car garage, with visitor parking provided both on-street and in parking bays. The project will be developed in four phases since only 50 sewer connections ha'e been allocated for the project at this time. 48 residential units and six model homes are presently proposed in conjunction with Phase I. However, the City's Planning Moratorium requires all units, including model homes, to have sewer prior to the issuance of building permits. In this case, the applicant is proposing four models without sewer which is not allowed. In addition to Phase I, 50 units in Phase II and 46 units in Phase III are proposed. Phase IV completes the development by providing the final 46 units. Staff is concerned with the proposed phasing of the project for two reasons. First, the units which the applicant has indicated will be used as models lie in Phase IV, but will be built with Phase I. Since, from a practical standpoint, it does not matter whether the units are utilized as models or sold (as long as they have sewer) it would appear that all 50 units proposed with this application should be included in Phase I. .5 .. . A second criticism of the phasing relates to the park site located on Lot 290, at the northeast corner of the site. The city was granted an easement for parking and pedestrian access to the San Marcos Canyon over this property when CT 72-20 was finaled. However, the plans indicate that this park lot would not be improved until the final phase. Staff believes that the applicant should be responsible for imprOving this lot concurrent with Phase I. In the project's present form, staff does not feel that the intent nor the letter of the City's condominium regulations have been met. Staff is therefore recommending denial of the project as proposed, basing this recommendation on the follow- ing discussion and findings. Staff's primary objection to the project is that the units are inadequately designed as a condominium development. The units create an outward appearance of a single-family sub- division. However, on closer inspection, the project fails to provide the basic amenities of either a single- family subdivision or a condominium development. More specifically, Section 21.47.110 discusses certain design criteria which must be met by all condominium projects. First, the overall plan must be comprehensive, embracing land, buildings, landscaping and their interrelationships. The project does not meet this criteria due to the detached nature of the units. Rather than clustering units around recreation and landscaped areas, the units are set up as single family dwellings with substandard front and rear yards. In addition, much of the area not devoted to paving and building coverage is unusable due to relatively steep slopes. A second criteria specifies that the plan shall provide for adequate off-street parking, open recreation areas and other pertinent amenities. Staff feels that the unit size and design encourages larger families. However, it does not appear that sufficient amenities for large (or even small) families have been provided. With regard to open recreation areas, the only space available is located adjacent to the units. In many cases, the depth of this area is no greater than 10 feet. Thus, by detaching the units, the yards are broken up into areas of very limited utility for recreational purposes. In addition, the plans make no provisions for any common recreation areas. In order to accommodate the present unit design, the garages have been developed so that they meet the minimum front yard setbacks as required by Code - 5 to 7 feet. This removes . . the utility of the driveways for additional guest parking. In addition, the location of the driveway openings and the narrow width of the private drives, in many cases, precludes parallel parking on these private drives. Therefore, although the applicant has exceeded the required number of parking spaces for both residents and guests, the proposed location of the visitor parking does not adequately serve all of the units. There are a number of dwellings located near the interior ends of the private drives which do not have convenient access to this visitor parking. A third design criteria states that the development shall be consistent with the existing and planned uses of the land. While the project appears to be consistent with existing development in the immediate area, staff believes that the project's density raises some consistency questions with regard to planned land uses. Specifically, at 4.6 du/ac, the project's density is considerably below the 11 du/acre established for this site by Specific Plan No. 38. By developing the subject property at approximately half of the planned density, there is an inefficient use of both the property and existing improvements (roads and utilities). Further, underdeveloping sites which are capable of accommodating a higher density may lead to increased development pressures on more marginal locations. Section 21.47.130 discusses development standards which, in effect, quaitify the design criteria. The first of these standards discusses setbacks off of both private driveways and private streets. Since the applicant is proposing to serve the units with private driveways, the majority of the garages are designed to take advantage of the permitted 5 to 7 foot setbacks. However, the "driveway" proposed on lot 294 actually qualifies as a private street since it exceeds the maximum 300 foot length permitted for private driveways. It's actual length is 420 feet. As a private street, all garages must be setback a minimum of 25 feet. Therefore, either the setbacks or the driveway length must be modified. As previously noted, the project provides the required number of parking spaces for both the residents and visitors of the development. Each unit will have an attached two car garage and, according to the applicant, 254 guest parking spaces will be provided on the public streets and in limited areas along the private driveways. Although it sounds as if more than adequate visitor parking will be provided, (52 spaces are required) , as previously discussed, many of the units have (limited access to these spaces. This limited access occurs since the majority of the visitor spaces are .7 S 0 located along Piragua and Venado Streets, rather than along the private driveways. Rather than a centralized refuse area, trash containers will be provided individually for each unit. It is not clear as to where these containers will be stored. The final page of Exhibit "C" indicates that all 480 cubic feet of storage space will be provided within each garage. Since each garage is approximately 20 1 x20 1 , staff feels that ample storage space would be provided without interfering with vehicular parking. In addition, separate laundry facilities would be located within each unit. Section 21.47.130(8) requires a minimum of 200 square feet of open recreation area per dwelling. The applicant is proposing to meet this requirement solely through the use of the open areas around each unit. Staff considers this inadequate since these areas are insufficient in both size and configuration to provide the necessary recreation area. A preliminary landscape plan has been submitted (Exhibit "B") indicating that a number of street and slope trees, in addition to a variety of ground cover, will be be planted on the site. However, these plans are not of sufficient detail for staff to adequately access them. Finally, separate gas, electric and water utility meters will be provided for each unit. Staff believes that the project does not presently meet the condominium standards that have been established by the City Council. It is staff's opinion that a redesign of the development so that units are attached, rather than detached, would reduce unusable open space and permit the provision of pocket recreation areas and parking bays in a number of locations throughout the site. In addition, clustering units would possibly result in a higher density, thereby better utilizing the resources and existing improvements on this site. IV. Recommendation Staff recommends that the Planning Commission forward a recommendation of DENIAL of CP-36 to the City Council based on the following findings: Findings 1) The proposed project is not consistent with the City's General Plan since it falls considerably below the suggested density range established for this site by the General Plan and Specific Plan No. 38. We I 2) The project is not consistent with the requirements of Chapter 21.47 of the City's Zone Code since: a) The Plan is not comprehensive, embracing land, buildings and landscaping due to the detached nature of the units which creates substandard front and rear yards and reduces the overall coherence of the development. b) Adequate on-site amenities, including recreational areas and visitor parking, are not provided since the size and configuration of the yards provide little usable recreation area, and the majority of the visitor parking is not conveniently located to a number of the units. c) The development is not consistent with planned land uses in the immediate area since the project's density falls considerably below both the Specific Plan and General Plan designations on the site. d) In one case, the units do not observe the setbacks requiéd"offofprivatestreets. vTrTnTmc Exhibits "A" & "B" dated 11/7/79 and Exhibit "C" dated 12/14/79 Location Map BM: j d 1/3/80 WO 'I . I PLANNING COMMISSION RESOLUTION NO. 1882 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 336 UNIT CONDOMINIUM DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON PIR1QUA AND VENADO STREETS, LA COSTA APPLICANT: LA COSTA VALE, LTD. CASE NO: CP-36 (A) WHEREAS, a verified application for certain property, to wit: Lots 274 through 289 and 291 through 295 of Carlsbad Tract 72-20 (La Costa Vale Unit No. 2) according to Map No. 7779 filed in the office of the San Diego County Recorder on October 26, 1973 has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of October, 1981, 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 Condominium Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CP-36(A), based on the following findings and subject to the following conditions: Findings: 1) The proposed project is consistent with the City's current General Plan and with the Specific Plan which has been :i. 2 3 4 5 6 7 8! 10 U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 1 1 applied to this property, since the proposed density of 8.22 du's/ac does not exceed the density limit of 10-20 du's/ac 2 established for this site and previous grading activities and the topography of the site precludes a higher density. Also, 3 as conditioned, the project conforms to the requirements of all other applicable General Plan Elements. 4 2) A Subdivision Map for the site (CT 72-20), designating all 5 lots as "Condominium Lots", has been finaled and approved by the City Council and a condition has been included which re- 6 quires the applicant to file for an adjustment plat in order to remove all lot lines which would intersect a proposed 7 dwelling unit. 8 3) The site is physically suitable for the type and density of the development since the site is adequate in size and shape 9 to accommodate residential development at the proposed den- sity and still meet all the requirements of the City's Condo- 10 minium Ordinance. 11 4) The project is consistent with all City public facility poli- cies and ordinances since: 12 a) One hundred fifty sewer connections have been reserved 13 for the first two phases of development by the Leucadia County Water District. :1.4 b) A condition has been added that building permits cannot 15 be issued unless sewer service is available and building cannot occur within the project unless sewer service re- 16 mains available. Therefore, the Planning Commission is satisfied that the requirements of the Public Facilities 17 Element of the General Plan have been met insofar as they apply to sewer service for this project. 18 c) An agreement exists between the La Costa Land Company and 19 the Encinitas School District whereby a school site has been made available to this district covering the subject 20 project. 21 Also, a condition of approval requires that certain school Lees must be paid to the San Dieguito Union School 22 District prior to the issuance of building permits. 23 a) Adequate water and gas and electric service will be available to serve the development. 24 e) All necessary public improvements have been either pro- 25 vided or will be required as conditions of approval. 26 f) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities 27 fee. Performance of that contract and payment of the Lee will enable this body to find that public facilities will 28 be available concurrent with need as required by the General Plan. PC RESO 1882 -2- C. I I. I 5) Based on an initial study of the project, including a field investigation of the site, the Planning Director has deter- mined that the project will not result in any adverse envi- ronmental impacts and has issued a Negative Declaration on December 19, 1979 (log No. 626) and a Notice of Prior Envi- ronmental Compliance on October 5, 1981 which was approved by the Planning Commission on October 28, 1981. 6) The proposed condominium project meets the criteria of Chap- ter 21.47 (condominiums) since: a) The condominium meets the design criteria of Chapter 21.47.110 since the overall plan is comprehensive, em- bracing land, buildings, landscaping and their relation- ships, the driveways are not dominant features and suffi- cient circulation and on-site amenities are provided. b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and all other requirements of Section 21.47.130 have been met or will be made conditions of approval. Conditions General Conditions: 1) Approval is granted for CP 36(A), as shown on Exhibit(s) "A" -"F", dated September 17, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these condi- tions. 2) The conditions contained herein shall supercede all condi- tions of CP 36 (Resolution No. 1629). 3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for pay- ment of said fee a copy of that agreement dated October 5, 1981, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this ap- plication will not be consistent with the General Plan and approval for this project shall be void. 1/! I/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 12 PC RESO 1882 -3- 1 5) The applicant shall provide school fees to San Dieguito Union 2 District to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 6) Approval of this request shall not excuse compliance with all 5 sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issu- 6 ance. 7 Planning.-Department: 8 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. 9 Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 10 8) The applicant shall establish a homeowner's association and ii one master set of corresponding covenants, conditions and restrictions for the entire project. Said CC&R's shall be 12 submitted to and approved by the Planning Department prior to issuance of building permits in any phase. 13 9) The followng provisions shall be included in the CC&R's 14 required pursuant to condition No. 8: is a) No individual lots may be sold separately unless they are sold in groups of at least two lots and are 16 contiguous. 17 b) All lots shall be subject to the CC&R's in perpetuity. 18 c) A common architectural theme shall be maintained for all lots. d) All lots shall share common recreation amenities. 20 10) All parking lot trees shall be a minimum of 15 gallons in 21 size. 22 11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 23 12) Trash receptacle areas shall be enclosed by a 6 foot high 24 masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Direc- 25 tor prior to the issuance of building permits and shall be shown on the final site plans required pursuant to condition 26 No. 7. 27 13) The recreation facility located on Lot 291 shall be installed prior to occupancy of any units in Phase 1. 28 PC RESO 1882 -4- a 14) The barbeque facility within lot 274 shall be relocated to the satisfaction of the Planning Director. The new location shall be shown on the final site plan required pursuant to condition No. 7. 15) An additional recreation facility, including a jacuzzi and barbeque, shall be provided at a location subject to the ap- proval of the Planning Director. The location shall be shown on the final site plan required pursuant to condition No. 7. 16) A minimum of 24 feet of backup shall be provided for all parking spaces within this development. 17) The applicant has agreed to provide improvements on behalf of the city for lot 290. Said lot shall be improved by the ap- plicant concurrent with the construction of the units in Phase I, subject to the approval of the Parks and Recreation Commission and Planning Director. 18) Prior to the issuance of any building permits within a speci- fic phase, the applicant shall submit an application for an adjustment plat and have a certificate of compliance record- ed, removing any lot line which intersects proposed dwelling units. A separate adjustment plat is required for each lot line to be removed. 19) Unless otherwise approved herein, the subject property shall be subject to the RD-M zoning standards as they relate to permitted and conditional uses, building height, setbacks and yards. 20) Prior to the issuance of building permits for Phase I, the applicant shall submit a detailed landscape, lighting and irrigation plan for the entire project subject to the approv- al of the Planning Director. Said plan shall utilize drought and salt tolerant plant species to the maximum feasible and indicate methods of low intensity lighting of common recrea- tion areas and pedestrian walkways. Further, said plan shall include a 6' high decorative block wall separating and screening lot 290 from the adjacent parcel to the west. 21) The proposed pathway connecting the proposed development (lot 279) with the existing La Costa Canyon Park shall be improved by the applicant and maintained by the homeowners' associa- tion. This requirement shall be noted in the CC&R's. 22) The specific location and design of the community identity signs shall be subject to the approval of the Planning Direc- tor prior to the issuance of building permits for Phase I. 23) All parking structures having individual garages shall be equipped with garage door openers. /// 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 PC RESO 1882 -5- I Environmental Conditions: 24) The applicant shall grade in substantial conformance with the approved grading and drainage plan. 25) All grading and land clearance operations shall be subject to the review and approval of the City Engineer. The applicant shall obtain and strictly abide by an approved grading per- mit. 26) In order to reduce human and domestic animal impacts on the San Marcos Canyon, the applicant shall erect a minimum 42 inch high, dark black chainlink fence for the length of the project along the San Marcos Canyon rim. This fence shall be placed near the top of the Canyon, posted with "Danger/Keep Out" signs, and the fence shall not be visible from the bottom of the Canyon. Access to the San Marcos Canyon shall be limited to lot 290. Engineering Conditions: 27) No grading shall occur outside the limits of the subdivi- sion. 28) Concrete terrace drains shall be installed at the top of all major slopes where required by the City Engineer. 29) All concrete terrace drains shall be maintained by the home- owners' association (if on commonly owned property) or the individual property owner (if on an individually owned lot) in perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R- 'S. 30) Additional drainage easements and drainage structures shall be provided or installed as may. be required by the County Department of Sanitation and Flood Control or the City Engi- neer. 31) All buildings shall conform to minimum slope setback stan- dards as specified in city of Carlsbad standard GS-14. 32) The design of all private streets and drainage shall be ap- proved by the City Engineer. The structural section of all private streets and driveways shall conform to the city of Carlsbad street standards based on R-value tests. The mini- mum width of the private streets shall be 24 feet and, where determined necessary by the City Engineer and Planning Director, each shall have 'a sidewalk along at least one side with a minimum width of four feet. All private streets, driveways and drainage shall be inspected by the city and the standard improvement plan check and inspection fees shall be paid prior to the issuance of a building permit. 2 3 4 7 8 9 10 11 12 13 14 151 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO 1882 groin a a 33) Lighting along the private streets shall be installed prior to occupancy of each phase and shall be subject to the approval of the City Engineer. 34) Sidewalks, Street light heads and any other public street improvements not presently existing shall be installed to city of Carlsbad standards by the developer along all' public streets adjacent to the subdivision prior to occupancy of any units which abut said frontage. 35) A report of a soils investigation of the site and a grading plan shall be submitted by the applicant to the City Engineer prior to the issuance of a grading permit. 36) All cut and fill slopes shall be no steeper than two horizon- tal to one vertical unless otherwise approved by the. City Engineer. No fill slopes shall extend outside the subdivi- sion boundary adjacent to San Marcos Canyon. Care shall be taken in grading to ensure that no debris crosses the subdi- vision -boundary and goes into the Canyon. 37) All exposed slopes shall be hydroseeded or otherwise stabil- ized immediately upon completion of grading activities. 38) All previously manufactured slopes which are to remain essen- tially intact shall be smoothed, stabilized and hydroseeded as may be required by the City Engineer. Fire Department Conditions: 39) Street addresses for each cluster of buildings shall be • posted at the driveway entrance to each cluster subject to the approval of the Fire Marshall. 40) An all weather access road shall be maintained throughout construction. 41) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 42) Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. 43) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers and other systems pertinent to the pro- ject shall be submitted to the Fire Department for approval prior to construction. 44) Buildings exceeding 10,000 square feet aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 square feet (or less) areas. 45) Fire retardant roofs shall be required on all structures. 1 2 3 : 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO 1882 -7- I I Parks -and -Recreation Depa r tment Conditions: 46) The applicant shall provide a 30 foot landscape strip along the perimeter of the project creating a transition from the project to the natural vegetation of San Marcos Canyon. Said planting shall include a minimum of 80% drought tolerant plant species and established by an appropriate temporary irrigation system subject to the approval of the Parks and Recreation Director. The developer shall be responsible for the maintenance of this landscape area adjacent to each phase up until the time of the sale of the last unit in each phase, at which time the homeowners' association shall be respon- sible for this maintenance. 47) Any existing street trees presently missing or subsequently damaged or removed shall be replaced with a tree equal in* size subject to the approval of the Parks and Recreation Director. 48) Approval of this permit shall expire 18 months from the date of City Council approval unless building permits are issued. An extension may be requested by the applicant. Said exten- sion shall be approved or denied at the discretion of the City Council. In approving an extension the City Council may impose new conditions and may revise existing conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 28th day of October, 1981, by the following vote, to wit: AYES: Marcus, Rombotis, Farrow, Jose, Friestedt, L'Heureux NOES: None ABSENT: Schiebuber ABSTAIN: None My MARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C.HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION :i. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO 1882 am . S. PLANNING COMMISSION RESOLUTION NO. 1629 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 243 UNIT CONDOMINIUM DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON PIRAGUA AND VENADO STREETS, LA COSTA. APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO, INC. CASE NO: CP-36 WHEREAS, a verified application for certain property, to-wit: Lots 274 through 289 and 291 through 295 of Carlsbad Tract 72-20 (La Costa Vale Unit No. 2) according to Map No. 7779 filed in the Office of the San Diego County Recorder on October 26, 1973 has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 14th day of May, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consider- ing all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, The Commission recommends APPROVAL of CP-36, based on the following findings and subject to the following conditions: Findings: 1) The proposed project is consistent with tht City's current 1 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. General Plan and with the Specific Plan which has been applied to this property, since the project does not exceed the density limit established for this site, and previous grading activities and the topography of the site precludes a higher density. Also, as conditioned, the project conforms to the requirements of all other applicable General Plan Elements. 2) A Subdivision Map for the site (CT 72-20), designating all lots as "Condominium Lots", has been finaled and approved by the City CounciL and a condition has been included which requires the applicant to file for an adjustment plat in order to remove all lot lines which would intersect a proposed dwelling unit. 3) 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 proposed denity and still meet all the requirements of the City's condominium ordinance. 4) The project is consistent with all City public facility policies and ordinances since: a) Fifty sewer connections have been reserved for the first phase of development by the Leucadia County Water District. b) A condition has been added that building permits cannot be issued unless sewer service is available and building cannot occur within the project unless sewer service remains available. Therefore, the Plannin9 Commission is satisfied that the require- ments of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. c) An agreement exists between the La Costa Land Company and the Encinitas School District whereby a school site has been made available to this district cover- ing the subject project. Also, a condition of approval requires that school fees must be paid to the San Dieguito Union School District prior to the issuance of building permits. d) Adequate water and gas and electric service will be available to serve the development. e) All necessary public improvements have been either provided or will be required as conditions of approval. 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 1 15 16 17 18 19 20 21 22 23 24 25 26 27 2811 PC RESO #1629 -2- ., . 1 f) The applicant has agred and is required by the inclusion of an appropriate condition to pay a 2 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 4 with need as required by the General Plan. 5) Based on an initial study of the project, including a field investigation of the site, the Planning Director has deter- mined that the project will not result in any adverse 6 environmental impacts and has issued a Negative Declaration on 12/19/79 (Log. No. 626), based on the following conditions: a) The applicant shall limit all grading activities to 8 previously graded and disturbed areas. 9 b) All grading and land clearance operations shall be subject to the review and approval of the City Engineer. 10 The applicant shall obtain and strictly abide by an 11 approved grading permit. c) In order to reduce human and domestic animal impacts 12 on the San Marcos Canyon, the applicant shall erect a 13 minimum 42 inch high fence for the length of the project along the San Marcos Canyon rim. This fence shall be placed at the top of the Canyon (located entirely - outside of any undisturbed natural areas), posted with 15 "Danger/Keep Out" signs, and the fence shall not be visible from the bottom of the Canyon. Access to the 16 San Marcos Canyon shall be limited to Lot 290. 6) The proposed condominium project meets the criteria of 17 Chapter 21.47 (condominiums) since: 18 a) The condominium meets the design criteria of Chapter 19 21.47.110 since the overall plan is comprehensive embracing land, buildings, landscaping and their 20 I relationships, the driveways are not dominant features, and sufficient circulation and on-site amenities are 21 provided. b) Storage space, laundry facilities, open recreation 22 areas, parking facilities, refuse areas, separate 23 utilities and all other requirements of Section 21.47.130 have been met or will be made conditions of approval. 24 Conditions: 25 1) Approval is granted for CP-36 as shown on Exhibit A to CP-36 dated 4/21/80 and Exhibits B and D to CP-36 dated 4/8/80, 26 and Exhibit C to CP-36 dated 12/14/79, on file in the Planning Department and incorporated by reference. Development 27 shall occur substantially as shown on these exhibits unless otherwise noted in these conditions. Iruprorements for Lot 290 28 as shown on Exhibit dated April 21, 1980, are not specifically approved. PC RESO #1629 -3- I . The applicant has agreed tà provide improvements on behalf- of the city, for Lot 290. Said 1t shall be improved by the applicant concurrent with the construction of the units in Phase I, subject to the approval of the Parks and Recreation Commission and Planning Director. 3) The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all requirements of the condominium permit approval and shall be subject to the approval of the Planning Director prior to the issuance of building permits. 4) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such building permits and will continue to be available at time of occupancy. 5) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by the City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement dated March 5, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. 6) Covenants, conditions and restrictions are required for the entire project prior to the issuance of building permits for Phase I and shall be subject to the approval of the Planning Director. Said CC&R'S shall include provisions for the maintenance of all private streets, common areas and private pedestrian pathways serving the development (on and off-site) by the homeowners association, in perpetuity. 7) No individual lots as shown on CT 72-20 may be sold separately and all lots are to remain in common ownership. A condition requiring this shall be placed in the CC&R'S. 8) Prior to the issuance of any building permits within a specific phase, the applicant shall submit an application for an adjustment plat and have a certificate of compliance recorded, removing any lot line which intersects proposed dwelling units. A separate adjustment plat is required for each lot line to be removed. ) The subject property shall be subject to the RD-M zoning standards as they relate to permitted and conditional uses, building height, setbacks and yards. PC RESO #1629 :1. 2 3 4 5 6 7 8 9 10 :1.]. 12 13 14 15 16 17 18 :1.9 20 21 22 23 24 25 26 27 28 -4- .. 1 10) The applicant shall fully comply with all requirements of 2 the approved conditional Negative Declaration, EIA No. 626, dated December 19, 1979. 11) The applicant shall submit a street name list consistent 4 with city policy, subject to the approval of the Planning Director prior to issuance of building permits for Phase I. 12) Prior to the issuanceof building permits for Phase I, the 6 applicant shall submit a detailed landscape, lighting and irrigation plan for the entire project subject to the 7 approval of the Planning Director. Said plan shall utilize drought and salt tolerant plant species to the maximum 8 extent feasible and indicate methods of low intensity lighting of common recreation areas and pedestrian walkways. Further, 9 said plan shall include a 6' high decorative block wall separating and screening Lot 290 from the adjacent parcel to 10 the west. 11 13) The location of the common recreational areas shall be shown on the final condominium site plan numbered per Exhibit D 12 dated 4/8/80, and subject to the approval of the Planning Director. 13 14) The proposed pathway connecting the proposed development 14 (Lot 279) with the existing La Costa Canyon Park shall be improved by the applicant and maintained by the homeowners 15 association. This requirement shall be noted in the CC&R'S. 16 15) The specific location and design of the community identity signs shall be subject to the approval of the Planning 17 Director prior to the issuance of building permits for Phase I. 18 16) The visitor parking area on Lot 285 and the two parking 19 spaces located at the southern terminus of the parking area on Lot 274 shall be redesigned on the final condo- 20 minium site plan, subject to the approval of the Planning Director. 21 17) All parking structures shall be individual garages, equiped 22 with garage doors and garage door openers. 23 18) Fire retardent roofs shall be required on all structures. 24 19) A minimum eight feet "clear area" adjacent to and around all multi-unit buildings shall be provided to the 25 satisfaction of the Fire Chief or his designee. 26 20) All private streets/driveways shall be posted "No Parking". 27 21) The design of all private streets and drainage shall be approved by the City Engineer. The structural section of 28 all private streets and driveways shall conform to PC RESO j1629 -5- e the City of Carlsbad street standards based on R-value tests. The minimum width of the private streets shall be 24 feet and each shall have a sidewalk along at least one side with a minimum width of four feet. All private streets, driveways and drainage shall be inspected by the city and the standard improvement plan check and inspection fees shall be paid prior to the issuance of a building permit. 22) Street lighting along the private streets shall be installed prior to occupancy of each phase and shall be subject to the approval of the City Engineer. 23) Sidewalks, street light heads and any other public street improvements not presently existing shall be installed to City of Carlsbad standards by the developer along all public streets adjacent to the subdivision prior to occupancy of any units which abut said frontage. 24) A report of a soils investigation of the site and a grading plan shall be submitted by the applicant to the City Engineer prior to the issuance of a grading permit. 25) All cut and fill slopes shall be no steeper than two horizontal to one vertical unless otherwise approved by. the City Engineer. No fill slopes shall extend outside the subdivision boundary adjacent to San Marcos Canyon. Care shall be taken in grading to ensure that no debris crosses the subdivision boundary and goes into the canyon. 26) All exposed slopes shall be hydroseeded or otherwise stabilized immediately upon completion of grading activities. 27) All previously manufactured slopes which are to remain essentially intact shall be smoothed, recompacted and hydroseeded as may be required by the City Engineer. PASSED, APPROVED AND ADOPTED at a regular meeting of the ABSENT: None ABSTAIN: None ATTEST: EDWIN S.SCH-ICK,Chairman CARLSBAD PLANNING 44ISSION Li '.. . J.W3.Jfl4.JAfl4 tary SBAD PLANNING S SI ON 3. 2 3 • 4 5 6 7 8 9 10 1]. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning Commission of the City of-Carlsbad, California, held on the 14th day of May, 1980, by the following vote, to wit: AYES: SCHICK, MARCUS, ROMBOTIS, LARSON, LEEDS, JOSE, FRIESTEDT - - NOES: None - •C cn • 1y?q . I RESOLUTION NO. 7308 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR CONDOMINIUM PERMIT 36-A SUBJECT TO 3 CERTAIN CONDITIONS. 4 5 WHEREAS, Section 66473.5 of the Subdivision Map Act 6 provides that a tentative subdivision map may not be approved 7 unless it is consistent with all applicable general and specific 8 plans; and 9 WHEREAS, the City Council of the City of Carlsbad on the 10 1st day of December, 1981, adopted Resolution No. 6738 approving, 1). with conditions, Condominium Permit 36-A; and 12 WHEREAS, Condominium Permit 36-A is now inconsistent with 13 the General Plan of the City of Carlsbad because the City Council 14 has found that public facilities are inadequate; and 15 WHEREAS, said Condominium Permit 36-A having expired on 16 June 1, 1983, and the Applicant has requested an extension of time 17 which cannot be approved unless the project can be brought into 18 conformity with the General Plan; and 19 WHEREAS, the addition of certain conditions of approval 20 to the project will allow it to be found to be in conformity with 21 the General Plan and the Developer has requested the imposition of 22 such conditions and agreed to comply with them; and 23 I/I 24 25 26 27 I/I 28 1/I WHEREAS, the approval of an extension of Condominium Permit 36-A, subject to such conditions, in lieu of denial of the map, will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer involved with denial and the new application which would then be approved subject to the same set of conditions; and WHEREAS, both the Developer and the City wish to extend the map subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Condominium Permit 36-A is hereby extended until June 1, 1984, subject to the execution and fulfillment of all the conditions of Resolution No. 6738 and the following additional condition: (1) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated February 24, 1982 and effective April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. C. That the agreement for waiver of prohibition against the imposition of conditions upon the approval of an extension of a Condominium Permit, dated June 8, 1983, between the Developer and the City of Carlsbad, on file in the office of the City Clerk, is approved and the Mayor is authorized to execute such agreement on behalf. of the City. FI1I I/I 1 2 3 4 5 7 8 9 10 1]. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I /Cp . . 1 D. That this extension is approved in reliance upon said 2 agreement. Any legal challenge to or failure to perform said 3 agreement or the conditions of this resolution shall render this 4 approval void. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the 6 City Council of the City of Carlsbad, California, held on the 2nd day of August , 1983, by the following vote, to wit: 8 AYES: Council Mwbers Casler, Lewis, Kuichin, Chick and Prescott 10 NOES: None :1.1 ABSENT: None 12 13 14 MARY H.6CASLER, Mayor 15 16 ATTEST: 17 18 y Cl e r k 19 R. KUNIYI'Z, Deputy City Cleric 20 (SEAL) 2]. 22 23 24 25 26 27 28 17 S . 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714) 438-5621 Cttp of QCartab August 8, 1983 La Costa Vale, Ltd. 1764 San Diego Avenue San Diego, CA 92110 Enclosed for your records, please find a copy of the following Resolution 7308 , adopted by the Carlsbad City Council on August 2, 1983 Sincerely, /RAUTLEE ENKRANZ, City Clerk Clerk LR:adm Enclosures ( 1 ) 8 9 10 11 12, 131 I 14 .-,> W> 0 uj(.) '8d 16 W2 c•< z 17 18 19 >: 20 21 22 23 24 25 26 2711 RESOLUTION NO. 6738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN AMENDMENT TO A PREVIOUSLY APPROVED 243-UNIT CONDOMINIUM PROJECT (CP-36(A)) TO ADD 93 UNITS TO SAID PROJECT ON PROPERTY GENERALLY LOCATED ON PIRAQUA AND VENADO STREETS, LA COSTA. APPLICANT: LA COSTA VALE, LTD. WHEREAS, on October 28, 1981 the Carlsbad Planning Commission adopted Resolution No. 1882 recommending. to the City 1 2 3 4 5 6 '7 Council than an amendment to a previously approved 243-unit Condominium Permit (CP-36(A)) to add 93 units to said project be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on November 17, 1981, held •a public hearing to consider the recommendations and hear all persons interested in or opposed to amended Condominium Permit 36(A); and WHEREAS, the Planning Director has determined that the environmental effects of this project have been considered as part of a previously certified Negative Declaration and, therefore, has issued a Notice of Prior Environmental Compliance on October 5, 1981 which was approved by the Planning Commission on October 28, 1981; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1882 constitute the findings of the City Council in this matter. D. That said amended Condominium Permit (CP-36(A)) is hereby approved subject to all applicable requirements of the .21 .. . :1- 2 3 4 5 6 .7 8 9 10 •11 12 1 13 14 0 C) Ou o z 0>• O 15 •0 2 J U- I->- 16 >17 18 19 20 21 • 22 23 24 25 26 27 28 Carlsbad Municipal Code and to the satisfaction of the conditions conditions contained in Planning Commission Resolution No. 1880, dated October 28, 1981, marked Exhibit A, attached hereto and made. a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 1st day of Decenber - , 1981 by the following vote, to wit: AYES: Council Manbers Casler, Jnear, Lewis NOES: None ABSENT: Council RONALD C. PACKARD, Mayork\ ATTEST: (SEAL) 2. 3 • ii I-f pit CQXHIBIT A TO CITY COUNCIL ISOLUTION NO.6738 . PLANNING COMMISSION RESOLUTION NO. 1882 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF 3 A 336 UNIT CONDOMINIUM DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON PIRAQUA AND VENADO STREETS, 4 LA COSTA APPLICANT: LA COSTA VALE, LTD. 5 CASE NO: CP-36 (A) 6 WHEREAS, a verified application for certain property, to wit: 8 Lots 274 through 289 and 291 through 295 of Carlsbad Tract 72-20 (La Costa Vale ' Unit No. 2) according to Map No. 7779 9 filed in the office of the San Diego County Recorder on October 26, 1973 1O ha's bee.n filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of October, 1981, 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 Condominium Permit; and NOW, THEREFORE, BE -IT HEREBY RESOLVED by the Planning Commis- sion as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CP-36(A), based on the following findings and subject to the following conditions: Findings: 1) The proposed project is consistent with the City's current General Plan and with the Specific Plan which has been 1]. 12 13 14 15 16 1? 18 19 20 21 221 23 24 25 26 FAA I 281 Di Di CI) ci .a < C) '0 OLL z IZ Z LLJ UJ C14 U- ZO Li 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO 6211 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 WITH CONDITIONS CONDOMINIUM PERMIT (CP-36) FOR A 243-UNIT CONDOMINIUM PROJECT ON 4 APPROXIMATELY 40.8 ACRES, GENERALLY LOCATED ON PIRAGUA AND VENADO STREETS, 5 LA COSTA. APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO, INC. 6 WHEREAS, on May 14, 1980 the Carlsbad Planning Commission 7 adopted Resolution No. 1629 recommending to the City Council (CP-36); and WHEREAS, said Condominium Permit has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection lOrdinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the -City Council concurs with the findings and decisions of the Planning Commission as expressed in Resolution No. 1629, on file in the Planning Department and incorporated by reference herein and, in addition, the City Council makes the following finding: "The possibility exists that this project may be considered a subdivision, requiring a new tentative map, and the applicant was so advised. At his express request, the the project was allowed to process based on a previous sub- division. The applicant is proceeding in spite of the City Attorney's warning at his own risk." that Condominium Permit (CP-36) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on June 3, 1980, held a public hearing to consider the recommendations and hear all persons interested in or opposed to Condominium Permit 0 0 1 C. That Condominium Permit (cP-36) is hereby approved 2 subject to all applicable requirements of the Carlsbad Municipal 3 Code and to the satisfaction of the following conditions: 4 1) Approval is granted for CP-36 as shown on Exhibit A to CP-36 dated 4/21/80, Exhibits B and D to CP-36 dated 4/8/80, 5 and Exhibit C to CP-36 dated 12/14/79, on file in the Planning Department and incorporated by reference. 6 Development shall occur substantially as shown on these exhibits unless otherwise noted in these conditions. 7 Improvements for Lot 290 as shown on Exhibit A dated April 21, 1980, are not specifically approved. 8 2) The applicant has agreed to provide improvements on 9 behalf of the city for Lot 290. Said lot shall be improved by the applicant concurrent with the construction 10 of the units in Phase I, subject to the approval of the Parks and Recreation Commission and Planning Director. ii 3) The applicant shall prepare a reproducible copy of the 12 final condominium site plan incorporating all requirements of the condominium permit approval and shall be subject 13 to the approval of the Planning 'Director prior to the issuance of building permits. 14 cc, z z 4) This project is approved upon the express condition 15 that building permits will not be issued for development • of the subject property unless the City Engineer determines Lu 16 that sewer facilities are available at the time of application for such building permits and will continue 17 to be available at time of occupancy. 18 5) This approval is expressly conditioned on the payment 0 by the applicant of a public facilities fee as required - 19 by the City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated 20 herein by reference, and according to the agreement executed by the applicant for payment of said fee. A 21 copy of that agreement, dated March 5, 1980, is on file with the City Clerk and incorporated herein by reference. 22 If said fee is not paid as promised, this application will not be consistent with the General Plan and the 23 project cannot proceed and this approval shall be void. 24 6) Covenants, conditions and restrictions are required for the entire project prior to the issuance of building - 25 peçmits for Phase I and shall be subject to the approval of the Planning Director. Said CC&R'S shall include 26 provisions for the maintenance of all private streets, common areas and private pedestrian pathways serving 27 the development (on and off-site) by the homeowners association, in perpetuity. 28/// -2- 0 o t.L. — Do Z ti3 i-s>- 0 Ui0 ZW cO wZ< -,- -J >,- < < •0 C) 1 2. 3 4 5 6 7 8 9 10 1]. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 FMI 7) No individual lots as shown on CT 72-20 may be sold separately and all lots are to remain in common ownership. A condition requiring this shall be placed in the CC&R'S. 8) Prior to the issuance of any building permits within a specific phase, the applicant shall submit an application for an adjustment plat and have a certificate of compliance recorded, removing any lot line which intersects proposed dwelling units. A separate adjustment plat is required for each lot line to be removed. 11) The applicant shall submit a street name list consistent with city policy, subject to the approval of the Planning Director prior to issuance of building permits for Phase I. 12) Prior to the issuance of building permits for Phase I, the applicant shall submit a detailed landscape, lighting and irrigation plan for the entire project subject to the approval of the Planning Director. Said plan shall utilize drought and salt tolerant plant species to the maximum extent feasible and indicate methods of low intensity lighting of common recreation areas and pedestrian walkways. Further, said plan shall include a 6' high decorative block wall separating and screening Lot 290 from the adjacent parcel to the west. 13) The location of the common recreational areas shall be shown on the final condominium site plan numbered per Exhibit D dated 4/8/80, and subject to the approval of the Planning Director. 14) The proposed pathway connecting the proposed development (Lot 279) with the existing La Costa Canyon Park shall be improved by the applicant and maintained by the homeowners association. This requirement shall be noted in the CC&R'S. 15) The specific location and design of the community identity signs shall be subject to the approval of the Planning Director prior to the issuance of building permits for Phase I. 16) The visitor parking area on Lot 285 and the two parking spaces located at the southern terminus of the parking area on Lot 274 shall be redesigned on the final condo- minium site plan, subject to the approval of the Planning Director. 9) The subject property shall be subject to the RD-M zoning standards as they relate to permitted and conditional uses, building height, setbacks and yards. 10) The applicant shall fully comply with all requirements of the approved conditional Negative Declaration, EIR No. 626, dated December 19, 1979. -3- I 1 17) All parking.structures shall be individual garages, equipped with garage doors and garage door openers. 2 18). Fire retardent roofs shall be required on all structures. 3 19) A minimum eight feet "clear area" adjacent to and 4 around all multi-unit buildings shall be provided to the satisfaction of the Fire Chief or his designee. 5 20) All private streets/driveways shall be posted "No 6 Parking". 7 21) The design of all private streets and drainage shall be approved by the City Engineer. The structural section 8 of all private streets and driveways shall conform to the City of Carlsbad street standards based on R-value 9 tests. The minimum width of the private streets shall be 24 feet and each shall have a sidewalk along at 10 least one side with a minimum width of four feet. All private streets, driveways and drainage shall be inspected 11 by the city and the standard improvement plan check and inspection fees shall be paid prior to the issuance of 12 a building permit. CO 13 22) Street lighting along the private streets shall be installed prior to occupancy of each phase and shall be c5L 14 subject to the approval of the City Engineer. 15 23) Sidewalks, street light heads and any other public LUU street improvements not presently existing shall be 16 installed to City of Carlsbad standards by the developer along all public streets adjacent to the subdivision 17 prior to occupancy of any units which abut said frontage. 18 24) A report of a soils investigation of the site and a grading plan shall be submitted by the applicant to the 19 City.Engineer prior to the issuance of a grading permit. 20 25) All cut and fill slopes shall be no steeper than two horizontal to one vertical unless otherwise approved by 21 the City Engineer. No fill slopes shall extend outside the subdivision boundary adjacent to San Marcos Canyon. 22 Care shall be taken in grading to ensure that no debris crosses the subdivision boundary and goes intd the 23 canyon. 24 26) All exposed slopes shall be hydroseeded or otherwise stabilized immediately upon completion of grading • 25 activities. 26 27) All previously manufactured slopes which are to remain essentially intact shall be smoothed, recompacted and 27 hydroseeded as may be required by the City Engineer. 28 -4- H a 2 3 4 5 6 7 8 9 10 1]. 12 13 LL' . 0 c'J C) 14 cODZ 2 LiJ M Z3 15 U.. • UJO zgd 16 20 17 cc 18 - 19 20 21 22 23 24 25 26 27 2& 28) Prior to the issuance of building permits for Phase I, the applicant shall pay school fees to the San Diequito Union School District. These fees shall be based on the fee schedule in effect at the time of building permit application. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 17th day ofJune , 1980 by the following vote, to wit: AYES:Council Members Packard, Casler and Lewis NOES: None ABSENT: Council Members Kuichin and Anear RONALD C. PACKARD, Mayor ATTEST: -AI'ETHA L. RUTENKR', 9'ty Clerk B D. " U Murphy, De*Ity City Clerk (SEAL) ii -I -5- Ui > 0 z 0 -J z 0 0 CITØF CARLSBAD - AGENDILL AB # £P t/9. ? I TITLE: 'DEPT. HD._____ CONDOMINIUM PERMIT EXTENSION IMTG._8/2 /83 I CP 36-A I DEPT. _ENG lCrrYMGR72' RECOMMENDED ACTION: Adopt Resolution No.73cpproving a one-year extension of time for Condominium Permit 36-A. ITEM EXPLANATION: Condominium Permit No. 36-Ais a 336-unit condominium project located along Venado Street and Piragua Street in the La Costa area. The Applicant has requested that the Condominium Permit be extended until June 1, 1984. The final map for this project, •La Costa Vale, Unit 2, was recorded October 26, 1973. This map set aside certain lots as "Condominium" lots with designated units permitted. Various revisions to the original planhave been made, and resolution of concerns has delayed progress. The Applicant agreed to pay .Public Facilities Fees with the or application. Planning and Engineering staffs have reviewed this project and recommend the Developer-be required to execute the revised Public Facilities Fee Agreement as required by Council Policy No. 17. The subdivider has signed an agreement to waive a prohibition of new conditions. Even though the request for extension was made beyond the filing date, it is in the interest of the City and within the capability of the Council to approve its extension as requested. FISCAL IMPACT: Additional public facilities required by this project will be offset by the payment of the Public Facilities Fee by the Developer. EXHIBITS: 1. Letter requesting extension 2. Location Map 3. Project Plat 4. Conditions of Approval 5. Resolution No.730r approving a one-year extension of time for Tentative Map CP 36-A. CIIIOF CARLSBAD - AGENDBILL AB#_68121 TITLE: CP-36(A) LA COSTA VALE, LTD.--336 DEPT. HD._____ MTG. 12-1-81 UNIT AMENDMENT TO AN APPROVED CONDOMINIUM CITYATTY91E DEPT.CA PERMIT. PIRAGUA AND VENADA STREETS. CITY MGR.24 RECOMMENDED ACTION: If the City Council desires to approve amended Condominium Permit 36(A), your action is to adopt Resolution No. ITEM EXPLANATION: The City Council, at your meeting of November 17, 1981, directed the City Attorney to prepare the necessary documents approving an amendment to a previously approved 243-unit Condominium Permit (CP- 36(A)) to add 93 units to said project, totaling 336 units overall. A resolution of approval is attached. EXHIBIT: Resolution No. & 73 ta > J 0 0 CL z 0 I- C) -J 0 z 0 0 CIA OF CARLSBAD - AGEND ILL AB# i?i 'TITLE: CP-36(A), LA COSTA VALE, LTD - 336 UNIT AMENDMENT TO AN APPROVED MTG.'1/17 /81 CONDOMINIUM PERMIT; PIRAGUA AND DEPTL VENADO STREETS, WEST OF CADENCIA IN THE P-C ZONE. RECOMMENDED ACTION: // _-1 (D DEPT. HDdTs-4 2-- CITY A CITY MG a. z 0 I- C.) -J C) z 0 C) Both the Planning Staff and Planning this application be APPROVED and that rected to prepare documents APPROVING mission Resolution No: 1882. Commission recommend that the City Attorney be di- CP-36(A), per Planning Com- ITEM EXPLANATION This item is an amendment to an approved condominium permit lo- cated as described above. The project consists of 336 units which is greater than the 243 units originally approved. The project's density is 8.2 dwelling units per acre which is greater than the 5.9 du's/ac originally approved, however, is still less than the general plan density range of 10-20 du's/ac designated for this site. The project's design differs from that originally approved in that it consists of entirely attached units whereas the original project contained a combination of both attached and detached units. Staff believes the amended project is better designed than that originally approved. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental ef- fects of this project have been considered as part of a previous- ly certified Negative Declaration and, therefore, has issued a Notice of Prior Environmental Compliance on October 5, 1981 which was approved by the Planning Commission on October 28, 1981. The environmental documents are on file in the Planning Department. FISCAL IMPACT The applicant will provide all required public improvements to the project. Also, the applicant has agreed to pay a public fac- ilities fee to offset the costs of providing all other public services. EXHIBITS A. PC Resolution No. 1882 B. Staff Report, dated October 28, 1981, w/attacliments 0 CITY OF CARLSBAD I 7 AGENDA BILL NO.767Sn1op1emen.t #1 Initial: Dept. Hd._____ DATE: June 17 ., 19() C. . Atty. V, \ DEPARTMENT city_Attorney C. Mgr. ?i Subject: 243 UNIT CONDOMINIUM DEVELOPMENT APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO -- (7ST NO CP- Statement of the Matter The City Council, at your meeting of June 3, 1980, directed the City Attorney to prepare the necessary documents approving Condominium Permit (CP-36). The resolution of approval is attached. Exhibit Resolution No. 6211 Recommendation If the City Council concurs, your action is to approve Resolution No. 6911 . Council Action 6-17-80: Council adopted Resolution 6211. 6zo) CITY OF CARLSBAD INITIAL AGENDA BILL NO. Dept. Hd (I DATE: Jdne 3, 1980 Cty. Atty-VFA DEPARTMENT: NING Cty. Mgr. UBJECT' * 243 UNIT CONDOMINIUM DEVELOPMENT APPLICANT: SHAPELL INDUSTRIES OF SAN DIEGO CASE NO: CP-36 STATEMENT OF THE MATTER The applicant is requesting approval of a 243 unit condominium development on Piragua and Venado Streets in La Costa. The project will consist of 107 detached and 136 attached units with an overall density of 6 dwelling units per acre. The Planning Commission was satisfied with the overall design and concept of the development. The Commission made some minor mod- ifications to the conditions of approval including the requirement of a screening wall separating Lot 290 (improved common open area) from the adjacent property to the west and the requirement of low intensity lighting of the pedestrian walkways and common recreation areas. The applicant concurred with all the modifications. Inadvertently, a condition of approval which would have corresponded with Finding 4(c) was left off of the Planning Commission Resolution specifically, a condition requiring the payment of school fees to the San Dieguito School District, prior to the issuance of Building Permits in Phase I, should be included in the Resolution. This would enable the Finding to be made that the project is consistent with all city public facility policies and ordinances. EXHIBITS 1. PC Resolution No. 1629 2. Revised Staff Report dated May 14, 1980 3. Exhibit "A" dated April 21, 1980 4. Exhibit "B" and "D" dated April 8, 1980 5. Exhibit "E" dated 5/22/80 RECOMMENDATION Both the planning staff and Planning Commission have, recommended APPROVAL of this application and that the City Council direct the City Attorney to prepare documents APPROVING CP-36 per Planning Com- mission Resolution No. 1620 with the addition of the following condition: 28) Prior to the issuance of building permits for Phase I, the appli- cant shall pay school fees to the San Dieguito Union School Dis- trict. These fees shall be based on the fee schedule in effect at the time of building permit application. . I AGENDA BILL NO. 6262 Page 2 Council Action: 6-3-80 Council directed the City Attorney to prepare documents approving CP-36 per Planning Commission Resolution No. 1620 with the addition of the following condition: 28) Prior to the issuance of building permits for Phase I, the applicant shall pay school fees to the San Dieguito School District. These fees shall be based on the fee schedule in effect at the time of building permit application. . . DATE: February 10, 1984 TO: Land Use Planning Office _ --Building, Dennis Johnston4- Engineering -_Fire Department, Joe Hardin/0 —Police Department, Shiela. Tarvi (jC-Utilities & Maintenance,AL Co<' Vicki Bowen Donna McClain FROM: LAND USE PLANNING MANAGER SUBJECT: STREET NAMES FOR CP-36A The following street names have been requested as a part of the final map processincT -or CP-36A despite the fact that previous names have already been approved. If you have no objection to the following names lease approve and I will send a memo making the changes. From this date forward, all develolDers will be given a notice that street names absol-utely will not be changed unless there is a valid duplication or safety reason. Street A - Camino Arroyo B - Camino de Aquas C - Arroyo Vista D - Avenida Alcor E - Vista Grande F - Vista Bonita G - Camino del Arco H - Vista Mar I - Vista Rica J - Calle Fuego K - Calle Viento L - Calle Verano M - Alta Vista N - Calle Luna O - Calle Alma P - Paseo Verde Q - Calle de Fuentes 1 AML:arnl A - Camino Arroyo B - Camino de Aguas C - Arroyo Vista D - Avenida Alcor E - Vista Grande F - Vista Bonita - 'il-uL.. iif&- Caniino del Arco H -.Vista Mar I - Vista Rica To Ic '-. Calle 41 p-rrrlErP Fuego - - (falle Viento L - Calle Verano M - Alta Vista N - Calle Luna o - Calle Alma P - Paseo Verde Q - Calle de Fuentes • _____ Sea Pointe Village - STREET NAMES - A F L 6 H J K RC K ENGINEERING COMPANY I PLANNING CONSULTANTS AND CIVIL ENGINEERS )rQQ Din PICfl OR • SI IITF 702 • CARLSBAD. CA 92008 . Continental American Properties Ltd. c February 9, 1984 Adrienne Landers Land Use Planning Office CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008-1989 Re: Street Names for CP-36(A) Sea Pointe Village Dear Adrienne: Following is the final list of approved street names for this project based on our telephone conversations of this date. Street A - Camino Arroyo B - Camino de Aguas C - Arroyo Vista D - Avenida Alcor E - Vista Grande F - Vista Bonita G - Camino del Arco H - Vista Mar I - Vista Rica J - Calle Fuego K - Calle Viento L - Calle Verano M - Alta Vista N - Calle Luna O - Calle Alma P - Paseo Verde Q - Calle de Fuentes Please contact me if you have any questions whatsoever regarding this matter. Very truly yours, LA COSTA VALE, LTD. By: Continental La Costa Properties, Inc. General Partner Faye Williams Project Coordinator /fw 1764 San Diego Ave. • San Diego, CA 92110 • (619) 297-6771 [I DEVELOPMENTAL 1200 ELM AVENUE SERVICES CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE (619) 438-5591 Qrttp of (Cartbab January 27, 1984 John Cooper La Costa Vale, Ltd. San Diego, CA 92110 RE: Street Names for CP-36(A) - Seapoint Village The following Street names have been approved as a part of the processing of final map CP-36(A). These names should appear on the final map, all improvement plans and a 500 foot scale mylar which should be submitted to me as soon as possible. Please feel free to call me at 43-5591 if you have any questions. Street A - Camino Arroyo B - Camino de Aguas C - Arroyo Vista D - Avenida Alcor E - Vista Grande F - Vista Bonita G - Vista Frontera - H - Vista Mar I - Vista Rica J - Calle Toledo K - C a lie B-ee+e- i-Ai° (4 JC L - Calle Verano M - Alta Vista N - Calle Luna O - Caile Alma P - Paseo Verde Q - Calie de Fuentes M 110 - ADRIENNE LANDERS AML: ad r nA c-, ST. 0 '1ENO T. Si