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HomeMy WebLinkAboutCT 77-03; Tara La Costa Phillips Robert S; Tentative Map (CT) (2)CITY OF CARLSBAD . RWIENTAL PROTECTION ORDINANCE OF^/ ENVIRC^IENTAL PROTECTION ORDINANCE 0F^72 DECLARATION OF NEGATIVE (NONSIGNIFICANT) ENVIRONMENTAL EFFECT - APPLICANT • TYPE OF APPLICATION ^"TT?^/ mAp PERMIT AND/OR FILE NO. ATT 77 " ^ THE ENVIRONMENTAL IMPACT ASSESSMENT HAS BEEN RECEIVED FOR: PROJECT DESCRIPTION I declare that I have examined the information for the above project as submitted by the applicant, and on the basis of the Environmental Impact Assessment questionnaire on file in my office as a public document, it is my determi^nation that this project will not have any significant impact upon the environment v/ithin the meaning of the California Environmental Quality Act of 1970 and the Environmental Protection Ordinance of 1972 for the following reasons: ^ j70fA:i lA^i -y/Anlf m. ^jy\<t, /5 IA cin . The Environmental Impact Assessment will be available for public review and comment • for FIVE DAYS from date. BUD Pl/ENDER, Acting Planning Director DATED .1 • ' E.I.S. Log No ; ENVIi^NMENTAL IMPACT ASSESSMEN-^ORM Receipt No.__, • ' . ' ' "EIA NO.. Date: \Jcin/2^p^7' .7^7'^ Name of Appl icant: -J^cS^A^ P/)/A//p^ \ Address: 7<^ef '£/C^/POAkaA,Jc//A^20/, AkJ/^' ' Permit Applied For:Ah/jneyOn/A/)m/i£>PfVe/^'^,Te/iMifeTmcAMap Case Nos.: . ; ; Location of Proposed Activity; ^oA/?S/^e oAAJ/r7a^e/7l^/>e,^Jieh^ • Zoim^p^ iy^^(3/^iA /h/rjy>j!>Pf^ MA^f Ci>$^ . • . .' • • BACKGROUND INFORMATION • ' 1.-. Give-a brief description of the proposed activity (attach any preliminary development plans). " . . 2.. Describe the activity area, including distinguishing natural and manmade characteristics; also provide precise slope analysis when appropriate. 7^/7n>p^i/ arskA^A /A^ ptpt^d^. Ay /^A^^ ^SM^^tysa/PBao " nm^/fied i^aik/eJiwed^^^^ on nie l^A!t:>37^^//a>me . A 3. .Describe energy conservation measures incorporated into the design and/or operation of the project. B^etqi/ ^od no/PC cm^eri/^-^i^ nje^ods iA///(Uw-^/)i Hfdh ihe m/A^M 5ld^, Aaie,a^dTm^ Z5mffrernmhoAA^ ^^-^ ESCEiVED • •. .q . •• JAN 2? 1977 • Pup's . "CITY OF .CARLSBAD. • . • • . . ' PJannlng'Department •ENVIRONMENTAL IMPACT ASSESSMENT FORM II. Environmental Impact Analysis * ' I. .1 . I Tl. " I 1 , « J . Ansv/er the following questions by placing a check in the appropriate space. Yes No 1. Could the project significantly change present land uses • •. in the vicinity of the activity? Ai 2. Could the activity affect the use of a recreational area, or area of important aesthetic value? X 3. 'Could the activity affect the functioning of an established community or neighborhood? X 4. Could the activity result in the displacement of community residents? X 5. Are any of the natural or.man-made features in the activity \ 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? }i 7 Cou.ld the activity significantly affect the .potential use, extraction, or conservation of a scarce natural res- ource? X 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? • ^ 9. Could the activity significantly affect fish, wildlife or plant life? X 10. Are there any rare or endangered plant species in the activity area?. ' X 11. Could the activity change existing features of any.of the city's lagoons, bays, or tidelands? ^ X 12. Could the activity change existing features of any of the City's beaches? X 13. Could the activity result in the erosion or elimination of .agricultural lands? ' X 14. Could the activity serve to encourage development of .presently undeveloped areas or intensify development of already developed areas? ,X Yes . *No 15.. Will the activity require a variance from established environmental .standards (air, water, noise, etc)? X 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 varixince or conditional use permit by the ^\tp. jpa/dcy^pf^»A,3/fA^^iTefV^y^ • 18. Will the activity involve the application, use, or disposal of potentially hazardous materials? 26. Will there be a significant change to existing land form? " (a) indicate estimated grading to be done in cubic yards.^ap^^ly^^_^^5^, (b) percentage of alteration to the present land form, i^f^ (c) maximum height of cut or fill slopes. ^p/^f^A^ 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? X. 21. Will the activity involve construction of facilities in the area of an active fault? . ^ 22. Could the activity result in the generation of significant amounts of noise? X_ 23. Could the activity result in the generation of sionificant amounts of dust? On/ya^r/m ^sAyix^imy:i^aA' X 24. Will the activity involve the burning of brush, trees, or • ' • other materials? • '" • yC 25. Could the activity result in a significant change in the . quality of any portion of the region's air or v/ater resources? . (Should note surface, ground water, off-shore). \X_ .27. Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? X III. State of No Significant Environmental Effects 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: T^^/^^jj^^/^/^^/V^^^^ prm0r^ /$ .//I mtA^rma^^ u//7^ ^n//t^f3^^d A^m t/Sec/^^s/AA^^s 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; 2A^y^77 ' ' . 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 i^ollowing 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. D.ATE RECEIVED:" . . BY: •Planning Director, or. Revised 7/3/74 STAFF REPORT March 9, 1977 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: CT 77-3 PUD-9 APPLICANT: ROBERT S. PHILLIPS REQUEST: Land Subdivision and Planned Unit Development to provide 6 single family detached homes on approximately 1.66 acres. SECTION I: RECOMMENDATION: Staff recommends APPROVAL of CT 77-3 and PUD-9 based on the following findings and subject to the following conditions: FINDINGS (CT 77-3) 1) The proposed map is consistent with the General Plan because: a) The Land Use Plan Map designates the subject site for Residential low-medium density (0-4 dwelling units per acre). The subject project will provide approximately 3.6 dwelling units per acre. 2) The design or improvement of the proposed subdivision is con- sistent with the General Plan because: a) The project will provide orderly residential development; and; b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer; and 3) The site is physically suitable for the type of development because: a) The proposed development will not affect any unusual topographic or geologic features on the site; b) The site has been rough graded; c) No significant vegetation exists on the site. 4) The site is physically suitable for the proposed density of dev- lopment because. a) Proposed dwelling units per acre do not exceed the allowable maximum. b) There are no significant physical features on the site that would hinder development as planned. -1- of tfr^ ?^^l[^/e#'f«'fidscap1ftg in coRft)fr«L witl» ConiJIt1 ofrs*^ 5 and 6. . . , • „ . 6) ~ The final PUD plan and landscaping plan shall be submitted to and approved 7) Perifaflent lindscaping and irrifation shall be installed on all Tots identified in Condition 5 before any of those lots are occupied. If residential construction occurs in units, this condition shall be met on a unit-by-unit basis. 8) A fire hydrant with required fire flows shall be in service and accessible prior to combustibles on site to the satisfaction of the Fi re Marshal 1. B) Pursuant to the Carlsbad Municipal Water District's water service policies, individual services and water meters will be required to each of the dwelling units. In addition, extension of the public water system within the private ease- ment area to accommodate water service requirements and fire service requirements will be a requirement of the sub- division development in the event such determination is made by the Fire Department and the District. 10) The development will be required to conform to all applicable wat#r service. U) JM» f1«*l W #l«n sjiftll refltet all ^He^tli coPHtiticms tertift, «ii ^ w mimmm m m-mm^m mmm ami ^i^ft^r; I The l.€i-acre site is located on the south side of Almaden Latve just west of the intersection of Zamora Way. The property is currently subdivided into three parcels (.47 ac, 65 ac. and .71 ac). Two of the parcels are "panhandle lots" and abut the La Costa Golf Course (350'+ frontage). The remaining lot fronts on Almaden Lane (137' frontage) The existing parcels were created when the area was in the County. The site has been graded and pads created. The two "panhandle lots" are at the Golf Course grade. The additional lot is at Almaden Street grade (10-15' higher than the panhandles). An access road (unimproved with no curb-cut on Almaden) runs down the panhandle portions of the lots between existing pads fronting on Almaden. No significant vegetation exists on the site. Almaden has been improved with curbs and gutters on both sides; however, no sidewalk exists on the subject parcels frontage. AliMkien at tht subject location is siRfle lettte* with a 20-25-foot bank on the north side of the strttt. - - - - - - --^.--^ • * " • - • • ' PsP . I r CONDITIONS PUD-9 1) The approval is granted for the land described in the application and any attachments thereto, and as shown on the Plot Plan sub- mitted labeled Exhibit A (10 sheets), dated January 31, 1977. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on Exhibit A unless otherwise provided herein. 2) All conditions shall be appropriately completed and the project commenced within 18 months from final City action. 3) All setbacks and building locations shall adhere to the dimensions shown on Exhibit A, sheet No. 2, titled "Technical Site Plan." 4) Prior to the issuance of grading permits, the City Engineer shall approve a plan submitted by the applicant for interim erosion control on all man-made slopes in excess of five feet within the boundaries of this subdivision. Prior to this issuance of grading permits, the applicant shall post bonds and agreements ensuring the installation and maintenance of the erosion control system until permanent landscaping is installed and maintained. 5) Prior to the issuance of any building permits, the applicant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for his approval. The plan shall include all artificial slopes. These slopes shall: a) Utilize fire-retardant, drought-resistant landscaping which includes trees and shrubs which reach a variety of sizes at maturity; and b) Utilize an irrigation system appropriate for common maintenance .4 C ( FINDINGS PUD-9 1) The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community because: a) The development will allow the subject property to be developed to its allowable potential and density. 2) The use will not be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity or injurious to property or improvements in the vicinity because: a) The proposed PUD will be develftped in a wanner siwilar to t^i ant4ei|>=dttd futttre ##vel®p#^^ ". .. - - - -. . - - . . . ^,:9SM 3) The desifn criteria set forth in Section 21.45.110 and all minimtHn development standards set forth in Section 21.45.120 will be met because: a) The plot plan and additional exhibits include all develop- ment aspects required. b) The plot plan and additional exhibits include adequate pro- visions for open space, recreational facilities, circulation and parking. c) The project will be developed in a manner to be compatible with surrounding development. d) Internal circulation is acceptable to the City Engineer as shown on the plot plan and by conditions of approval. e) Private recreational facilities and public open space are readily accessible. f) Dwelllfjf mil density does not exceed the density allowtd in the underlyiBf zone. .3 S| Itet design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or sub- stantially and unavoidably injure fish or wildlife or their habitat because: a) A Negative Declaration has been issued for the proposed development, 6) The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a) Conditions of approval will insure the above. 7) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of property within the proposed subdivision because: a) Conditions of approval wil insure the above. 8) The subdivision will not prohibit reasonable access to public water- ways, rivers, streams, lakes, reservoirs, coastlines ,or shorelines because: a) swMivisten *cri. #fmillion any of the a*©¥«. ' j 9) 1^ subject applicatioii has CGSBpll©^ with th® req^4re»#nt)g of th« Carlsbad iRvironisental l>r«>t<Bqti#n Ordip^fict of ^1972 because: a) A Negative Declaration has been issued for the project based on the following findings: 1) The project is small in scale; 2) The project is in an urbanized area; 3) The existing street systems will accommodate the small increase in traffic per day. 10) The proposed tentative tract map is consistent with applicable City Public Facilities Policies and Ordinances because: a) At this time, all necessary public facilities, including sewer service, are available to serve the subject project as proposed. However, sewer facilities may not be available when applications are made for building permits. If sewer facilities are not available at the time of building permit application, building permits will not be issued until arrangements satisfactory to the City Council can be made to guarantee that all necessary sewer facilities will be avail- able prior to .d^owpancy. . CB»SITI0»S"CT3 77r3 T) The approval is granted for the land descritr#d-in frh^e applieatioft aPfi any attichmtnts thereto and as sh&wn en the Plot Plan swb-^ pitted labeled txhifelt A, dated January 31, If71. Existing Zoning: Subject property: R-l-10,000 North: RDM South: P-C (Golf Course) East: R-1 -1 0,000/RDM West: RDM Existing Land Use: Subject property: Vacant North: Condominiums South: Golf Course East: Vacant/SFR West: Condomoniums Past History and Related Cases: The La Costa area has an adopted Master Plan. However, the Master Plan applies only to Planned Community zoned properties. The subject property is zoned R-l-10,000, and therefore is not affected by the existing Master Plan. The adopted Plan does designate qeneral densities for all areas in La Costa. The subject area is designated to accommodate 3.5 dwelling units per acre. General Plan Information The General Plan Land Use Map shows the subject site as Residential Low-Medium (RLM) desnity (0-4 dwelling units per acre). Environmental Impact Information A Negative Declaration has been issued based on the following findings 1. The project is small in scale. 2. The project is an urbanized area. 3. The existing street systems will accommodate the small increase in traffic-per-day. Public Facilities The site is within the water and sewer service areas of the Carlsbad Municipal Water District and the Leucadia County Water District. Major Planning Considerations 1) Does the proposal conform to the General Plan? 2) Does the proposal conform to the basic standards and intent of the PUD section of Title 21? SECTION III - DISCUSSION The proposed development is in conformance with the General Plan density and will not conflict with existing or planned development with- in the area. Title 21, Section 21.45.120 sets development standards for PUD's. The requested project meets those requirements as follows: 1) Density. The number of dwelling units in a planned unit develop- ment shall not exceed the density permitted in the underlying zone. Maximum units by zone: 7 Units requested: 6 2) Yards. Special building setback or yard requirements may be esta- blished which are based on design and relation of buildings to each other and to topography. All structures, however, shall be set back from the right-of-way of public or private streets at least ten feet, excepting parking structures with an entrance at approximate right angles from a public or private street shall maintain a minimum setback of twenty-five feet from the sidewalk or curbline if a sidewalk does not exist toward which it is directed All buildings are proposed to be a minimum of 14 feet apart. Those buildings with frontage on Almaden will be set back a minimum of 15 feet and will not have parking structures facing toward the street. 3) Coverage. The permitted coverage shall be comparable with the intended use, the terrain and the surrounding land uses as deter- mined by the City Council upon approval of the planned unit develop- ment. In no instance, however, shall coverage exceed the cover- age requirements of the zone. Maximum coverage allowed by zone: 40% Proposed coverage: 25% 4) Height. The permitted height of buildings and structures shall meet the requirement of the underlying zone, except greater heights may be permitted if the City Council finds sufficient evidence that increased height will benefit the project, will be compatible to the surrounding development and area, and not unduly block the view of surrounding properties and scenic highways. Maximum height allowed in zone: 35 feet Proposed maximum: 28 feet 5) Parking. Nonresidential planned unit developments shall provide parking in accordance with the requirements of the underlying zone. Residential planned unit developments shall provide parking as fol1ows: a) Residential zone classifications with density require- ments equal to or less than the R-l zone shall have a minimum of two covered parking spaces (garage or carport) for each dwelling unit. The proposed structures will provide a minimum of 2 spaces, in-garage, for each unit. b) Visitor parking in addition to the requirements of paragraph a) shall be provided at a ratio of one space for every unit,which shall be so located as not to interfere with onsite circulation and to be conveniently accessible to the units they are intended to serve. Credit may be given for onstreet parking provided the street is totally within the project and a parking lane is provided. The 2 units fronting on Almaden will have accessible guest parking on the street (parking lane provided). The additional 4 units will be provided with 6 guest spaces. 6) Storage Space. Storage space to accommodate storage of campers, trailers, boats, etc. shall be provided for planned unit devel- opments containing five or more residential dwelling units. The area provided for this storage space shall be at least equal to forty square feet for each dwelling unit. Each proposed unit provides a minimum of 200 square feet of storage area specified for golf cart, boat, etc. 7) Refuse areas. Centralized refuse pickup areas may be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary by the Ci ty Council. A trash enclosure is provided for the units not fronting on Almaden. Van Ort Enterprises (contract refuse pickup company) has indicated that they have the capacity and equipment to provide servi ce. 8) Screening of Parking Area. Open parking areas containing five or more parking spaces shall be effectively screened from abutting residential-zoned property by permanent buildings or alleys, or by a twenty-foot wide landscaped setback, or by a six-foot high view-obscuring wall, fence or landscaped screen between the parking area and such abutting residential property. N/A 9) Usable Open Space -Residential. a) Common open space areas designed for recreational use such as swimming pool, tennis court, golf course, children's playground, picnic area, shall be provided for all resi- dential developments based on the density of the project as foilows : Amount of Usable Range of Dwelling Units Open Space Area per Gross .Acre. . Square Feet per Dwelling Unit Less than 4 600 4 to 9.99 400 10 to 20 200 Greater than 20 100 Required usable open space: 3600 sq. ft. Provided " " " 4000 sq. ft. 10) Open space required —nonresidential. Landscaped open space for nonresidential developments shall be provided at a minimum ration of one square foot for each ten square feet of gross building floor area as measured at ground level only. It is intended that this open space be landscaped and placed near each main building. It shall be in addition to landscap- ing required by the underlying zone. N/A 11) Landscaping standards. Open areas (not used for reacreation areas, paving or private yards) shall be landscaped, provided with an underground watering system and maintained. The design of the landscaped areas and plant materials used shall be planned comprehensively for the entire site, and where landscaped areas are commonly owned, provisions shall be made for maintenance. See comprehensive landscape plan PUD-9, Exhibit A (Sheets 3-4). A Homeowners' Association is planned. 12) Signs. In addition to signs allowed by the underlying zone, community identity signs identifying the entire planned unit development or major portions thereof may be approved by the City Council as part of the planned unit development permit. The type, location, height and size of signs shall be deter- mined by the City Council as a part of the permit and shall relate to the location and design of the planned unit develop- ment. No signs are proposed. 13) Placement of buildings. a) The distance between any building used for human habitation and any other building shall be not less than ten feet. b) Distance between any uninhabited buildings or structures shall be not less than five feet. c) The distance between wings or courts of a building shall be not less than ten feet. Proposed minimum distance between any structure is 14 feet. 14) Streets. Private streets may be permitted within a planned unit development provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement of the City's street improvement standards. The City Council shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following: No Parking Park One Side Park Both Sides Type of Street Feet Feet Feet One-way 14 21 28 Two-way (Serving 8 dwelling units or less) 24 28 32 Proposed: 1-way, no parking: 16 feet 2-way, not including parking bay: 24 feet entrance driveway 120' long: 20 feet 15) Pedestrian Walkways. Sidewalks shall be provided adjacent to' all on-street parking areas and shall connect all building en- trances, recreational buildings and parking areas. Sidewalks shall be concrete with an unobstructed width of four feet. Alternate materials such as tile, brick or wood may be used as architectural features with City Council approval. In addition, the City Council may require and specify construction standards for hiking, equestrian and bicycle paths. A walkway is proposed from the units on the Almaden level to the recreation facilities on the golf course level Nos. 16-18, N/A 19) Planned Unit Development Lots. Lots that do not meet the require- ments of Title 20 or the underlying zone may be approved. There are no size nor configuration standards for such lots beyond those imposed as a part of the permit, but they shall be reason- able as to intended use and relation to the project and the sur* rounding area. The proposed development includes 6 residential lots (postage stamp 4600 to 6200 square feet) and 1 open space, recreation, access lot. ******************** Staff feels that the requested project design is excellent. The design maximizes the use of the site within appropriate densi ties. Recreational facilities are wel1-designed in regard to the golf course and residences. .10 Interior circulation is very functional and well integrated with 1 andscapi ng, bui 1 di ng location and building design. The project combines the condominium concept and single-family detached units in a positive way. ATTACHMENTS: Plot Plan,Exhibit A, 1/31/77 Location Map TH:ar 3/25/77 11 UCAAJTE__RD. ZAMORA WAY LN Case \io.cT^77---^> Date Rec'd: \/±7/77 DCC Date; 3///77 PC D&teS/^/77 Description of Request; (Q ^FR'S <!D0 /«^<^ A^. : • Address or Location of Request: JSODTV^ f^tnp /\i ^{\.o/=:^^) PA/^^ Applicant: l-^m^ Pi.|ILi,(f=:^ Engr. orCEi>.OoH.<^ BA(J^jt^.tAT (P/^ITTT DC>CAv-£UcC.R.> Brief Legal :J^T-5 1 ?r7 I <pp l^Pj clo6TB....V/\l4^^ OtOl' Ho. 4 ^ 1^ ^.5"7g7 Assessor [>6ok: Z I.5" Page;__2^ General Plan Land Use Description; Existing Zone; R^\-\0.0<DO Acres; \,(^(^ No7 of Lots School District: ^iL^n=r\f=:.n> -w^ - Parcel: /Sj I 7 _Prdposcd Zone: PDJP 7 ^D^'s (c^ DU/Acre g.<:. Water Sanitation District Within Coast Plan Area: Coast Penir t Area: MO FORM PLANNING 52 Plot Plan Exhibit "A" dated January 31, 1977 was distributed March 9, in Planning Commission Packet. PLEASE BRING YOUR COPY WITH YOU TO MARCH 23 MEETING. Carlsbad Johrnal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, 55 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 prmcipa I clerk of the printer of the CaMsbad JOUmal a newspaper of general circulation, printed and 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, printed 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 NOTICE OF PUBLIC HEARING PUD-9 and CT 77-3 , NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will h<Hd a public hearing at the City Council'Chambers, 1200 Elm Avenue, Carlsbad, Califomia, at 7:00 P.M., on Wednesday, March 9,1977, to consider applications for adoption of a Tract Map and Planned Unit Develop- ment to provide six (8) dwelling units on approximately 1,66 acres on property generally located on the South side of Almaden Lane between Zamora Way and Pamplona Way, and more particu-larly described as: Lot 189 of La Costa VaUey Unit No. 4, in the City ofCarlsbad, in the Couhty of San Diego, State of Califomia, accord- ing to Map thereof No. 5781, filed in the . Office of County Recorder of San Diego County September 14,1966. Those persons wishing to speak on this proposal are cordially invited to at- tend the public hearing. Ifyou have any questions, please call 728-1181 and ask for the Planning Department. Applicant: ROBERT S. PHILLIPS CITV OF CARLSBAD PLANNING COMMISSION CJ 229s: February 28,1977 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 the following dates, to-wit: 2P 19.77. 19 . . 19 19 19 . . . I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, state of California on tllR ?Bth. day of i'ebruary 197 / P J CTPPPT^ Clerk of the Printer Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, 55 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 Joumal a newspaper of general circulation, printed and 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, printed 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 nTr/^^rfAirTSrT ^T, notice of which the annexed is a printed copy, has Ui^CLAKATION OF . I i • I 1 • I I I ^- • J: NONSIGNIFICANT been published in each regular and entire issue ot ENVIRONMENTAL IMPACT said newspaper and not in any supplement thereof on the following dates, to-wit: F^.uri.w^o-:y . .2.6 19.77 NOTICE IS HEREBY GIVEN t'hat the following projects have submitted en- vironmental Impact information to the City ofCarlsbad In accordance with the Environmental Protection Ordinance of 1972 (Ord, liaO) and have been de- clared to have a nonsignificant envi- ronmental Impact. For fiirther Informa- tion, contact the Calsbad Planning De- ^ n partment. IV.. APPLICANT: ROBERT S. PHILLIPS LOCATION; west side of Almaden Lane near Zamora Way. ACTIVITY: Tract Map for six (8) single- ^ • • family homes by Planned Unit De-velopment. HEASON FOR NEGATIVE DECLARA- TION; The project Is small In scale, in 19. an urbanized area and will not nega-tively Impact the existing circulation system. CARLSBAD PLANNING DEPARTMENT CJ 231s: February 28,1977 19. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, state of California on the 23th ^ day of reiiTuary PP2 Clerk of the Printer Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P O. BOX 248 • CARLSBAD, CA 92008 • 729 2345 Proof of Publication STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, I cm o 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 c lerk of the printer of the Carlsbad Joumal a newspaper of general circulation, printed and 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 cit all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, Stale 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 Vu-hich the annexed is a printed copy, has been [Dublished in each regular and entire issue of sa\d newspaper and not in any supplement thereof on the following dates, to-wit; NOTICE OF^-UBLIC HEARING/. PUD g and CT 77-3 , ^ OTICE IS HERBBY GIVEN th A the Planning CoimmMon ofsthe City of Carlsbad will hoiflJiCpuWic hearing at the City Councif<!hfimers, 1200 Elm Avenue, Csflsjiadr^ailfpnilA, at 7 00 P M, oayfednesday, Ma;^!li 0,1977 to considea: appUcatuins foi? alaoption of a Tract IJiip and J'lanned;Unit Develop- ment tp provide siJtfS) dwellingumts on approxfinatel!? Ii86 acfes on property generally located on thb South side of Almaden" Lane betwfeeh Zpmora Way and ParfplojaWaytanB'tliore'particu larly desmbed a'te ^ •' I^t matlaCoeta Valley JJnlt No, 4, in m taty^HCarlsSaa* JSthfe'tSMitty of San Diego, Slate'of CaIiforot«i, acmird- iiig to M»p thereftf No. 97SJ, filed in the. Office oSCounty Recorder of San Diego County September 14,1986. ' Those pei'Sflns' wish^ii^ to speak on this proposal toe*prdially invited to at- tend the pubUcWfang, If you have any questions, pleasejeaU 729-1181 and ask for the Planning Department Applicant; ROBERT S. PHILLIPS. CITY OF CARLSBAD . PLANNING COMMISSION CJ 229s: February 26,1977 19 19 19 19 19 I certify under penalty of perjury that the foregoing is trie and correct. Executed at Carlsbad^ County of San Diego, State of California on the day of -^l -i :^ JAPAPPPA 577: LZ^::.-<.^^J^ZjZLa^ Clerk of the Printer Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. 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 Joumal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and v^hich 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, printed 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 the following dates, to-wit: NOTICE OF DECLARATION OF NONSIGNIFICANT " ENVIRONMENTAL IMPACT NOTICE 1§ HERE^Y'OIVEN feat the following prole/rts haye submitted en-vironmental impiet Infimttstlon to the City of Carllbad in accordMce with the Envlroamental.Protecftotl Ordinance of 1973 fpirff, llBft and-taiv* been de-clared to luvf & noMlgnJflpant envi-ronmental lmp*ct.Porfur£herlnforma-tlon, contact jhe Calsbad Planning De-partoient • APPLICOft?-R0B'ERr S. PHILLIPS LOCATidNi ridiof Almaden Lane near Zajnerrjj^ay. ^ ; ACTIVITY: Tract Map ftr six (6) s Ingle-family; homes -by Plajined Unit De-velopment, -i,', REASON FOB NEGATIVE DECLARA-TION; The projetet is.small In fcale. In an urbanlzofl areasand will not nega-tively impact the exisfing circulation system. xpARLSBAD PLANNING • DEPARTMENT CJ 231s; February 26,1977 F&hrupry . . Zfci 19 . 77 19 ... . 19 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on th^28th ""ebruarv PPP day of 7 Cierk of the Printer 77 NOTICE OF PUBLIC HEARING PUD-9 and CT 77-3 NOTICE IS 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, March 9, 1977, to consider applications-for adoption of a Tract Map and Planned Unit Development to provide six (6) dwelling units on approximately 1.66 acres on property generally located on the south side of Almaden Lane between Zamora Way and Pamplona Way, and more particularly described as: Lot 189 of La Costa Valley Unit No. 4, in the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 5781, filed in the Office of County Recorder of San Diego County September 14, 1956. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call 729-1181 and ask for the Planning Department. APPLICANT: ROBERT S. PHILLIPS PUBLISH: February 26, 1977 CITY OF CARLSBAD PLANNING COMMISSION 0 500 A1JCA1VTE__RD. ZAMORA VVAY MEMORANDUM April 13, 1977 TO: Paul Bussey, City Manager FROM: Jim Hagaman, Planning Director RE: Case No. CT 77-3, PUD-9- SUBJECT: Additional information/changes on staff report dated March 9, 1977 and Planning Commission Resolution 1343, A. Upon review of the Planning Commission action it was noted that the parks-in-lieu fee requirement was omitted. Staff - therefore requests that the following conditions be added to the approval of CT 77-3. Park-in-lieu fees shall be required to the satisfaction of the •Parks and Recreation Director prior to issuance of building permits. B. Also, upon further review of the findings for approval of the PUD it was noted that the staff did not fully discuss the necessary finding .for design criteria needed to approve a PUD. The following is the reason staff found that a PUD is a proper method for developing this property and that the design meets che intent of the PUD regulations. The property would be're-subdivided into six lots with public street and meet all standard zoning requirements (R-1-10000). Staff does not believe, however, that this would give the best livability to the project. The PUD comprehensively provides for a more usable area in open space and recreati6ri^ by consolidating most of the usable open areas into a common recreation lot. The individual lots are still large enough to provide some private open area for each unit. Resubdividing and construction of public streets would require extensive regrading of the site and the resultant public street would have a very steep slope of about 10%. As a private drive, the homeowners can keep unwanted traffic off and perform needed maintenance. From the above staff suggests that in addition to the findings made by the Planning Commission, the City Council incorporate the following findings in their decision. •Finding: The project meets design criteria as required by PUD regulations because - > a) The PUD is comprehensively planned to provide a usable area for recreation and visitor parking that could not 'be developed if lots were individually subdivided. . • Page 2 Paul Bussey April 13, 1977 Case CT 77-3, PUD-9 b) The PUD addresses the problem of grading and access that could not adequately be solved with a public road as access. c) The PUD is very similar to adjacent property that is also developed as a PUD with private drive. d) The PUD provides an efficient private drive that by its smaller size and design does not dominate the development. e) The design of the buildings are of high quality and will be compatible with the neighborhood and community. BP:JCH:S SAN MARCOS UNIFIED SCHOOL DISTRICT 270 San Marcos Boulevard San Marcos, California 92069 744-4776 March 21, 1977 RECEIVE Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Gentlemen: !:.;R 2 2 1977 CiTY OF CARLSSAD nannlns Deparimcnt ATTENTION: Tom Hagman This letter is to indicate San Marcos Unified School District's position relative to Tara, six homes, location. La Costa Valley Unit No. 4. School services for this unit will be available in the San Marcos Unified School District, particularly in view of the fact that plans are for six single family residences, as permanent residences, with no children 17 years of age or under. Respectfully submitted. Palph E. KelloqgT Si:;.'cr in tendent REK/js cc: Fred Moray La Costa LEUCADIA COUNTY WATER DISTRICT POST OFFICE BOX 2397 • LEUCADIA. CALIFORNIA 92024 • 753-OI55 March 11, 1977 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Tom Hageman , , SEWER AVAILABILITY LETTER Project: Jit, LSCEi VED nAR 15 1977 CiTY OF CARLSBAD Eianning Dspartment Owner: Developer: Map/Project Description: Gentlemen: Tara La Costa Robert S. Phillips H.D. O'Hara CT 77-3, PUD-9 being described as 6 residential dwellings This is to advise you that the property referenced above is located entirely within the boundaries of the Leucadia County Water District. Sewer service is available to the property at the present time provided arrangements are made by the owner, at his expense, of the necessary on-site and off-site sewerage system to serve the property. - Sewer service is also subject to the payment of applicable connection charges, service lateral charges and monthly sewer service charges. This letter is based upon current conditions and is not a representation or promise that the District will provide sewer service at a future date. This letter shall expire and shall be of no further force or effect: if the tenta- tive subdivision map is not approved within six (6) months of the date hereof: or eighteen (18) months after approval or conditional approval of the tentative subdivision ir.ap if a final map is not filed within that period. This letter pertains solely to the proposed project as described above and does not extend to revisions of the project which affect the sewer system or sewer capacity. This letter is not transferable to any other owner or developer without the prior written consent of the District. Yours very truly, LEUCADIA COUNTY WATER DISTRICT CPAAAAJA:) c7yA.. Richard E. Hanson Secretary-Manager cc H.D. O'Hara DiSTrilCT OFFICE: - - D L.A C CS r A AV"£ = SAD, '.rALlFC'-TNlA 4m "(^^^ DISTRIBUTION l.r DATE TO n: RECtlVt:;): yi±yz- 0 L G Li c a cl i a C o u n t v W a t e r Dist. 1 9 59 Fl Ce Iiii no Real Leucadia, C A S 2 0 2 4 C a r 1 s b a d M u 11 i c i p e 1 W a t, e r Dis 1.. 57;^0 El Camino Real Carlsbdd, CA 920GS dack Kiibot.a & Assoc. P.O. Box 109 5 Carlsbad, CA 92 0,08 Attn: OoiiJi Pierce San Marcos County Water Dist. 788 W. Encinitas Rd. San Marcos, CA 920G9 Olivenhain f'unicipal Water Dist 1965 Olivenhain Rd. Encinitas, CA 92024 Gary McClVlland, Supt. 'i't1 Ghniji" Un\on £ch/o1—E^rs-I;. San Ma San Marcos, D. W. Quade , CjLUlldldU Un 24 0 S. Hapl Escondido, 1 Dr. Robert Cra-./ford, Supt. Carlsbad Unified School Dist. 801 Pine Ave. Carlsbad. CA 92008 Bill Berrier, Supt. San Dieguito U n i o n H i e h 2151 i>lev.'castl e Avenue- Cardiff, CA 92007 School Dist • Robert L. Bricknian, PhD Encinitas Elementary School 185 Union Street Encinitas, CA 92024 Director of Public Healtli Department of Public Health Civic Center San Diegc, CA 92101 Dist. I '"1 San LJ Dlego Coast Regional 54 Mi s s i 0n Gor ge Rd . Suite 220 San Diego, CA 92120 Co mm. High S0h0tl 1—Pi 'U Mr. R. L. Brown, Jr. San Diego Flood Control '5555 0 V e r 1 a n d Dri v e San Diego, C a 11f o r n i a Dist j 1^ 0 s t m a s t e r J C11y of Car1sbad Carlsbad, California 92008 Wa t e r 0u a1i ty Control Bd . 6154 Mission Gorge Ruvd Suite 205 San Die g o , C a 1i f o r n i a 92120 Attention: Greg Luke I F d w in J . H e i rn 1 i c ii _J Federal Housing AdiViin. P.O. Box 264 8 San Diego, C A 92112 FOR II; FORM AT I ON San Diego Gas ?< Electric Electric Bldg 861 6th Avenue, Rm 716 San Diego, CA 92101 Attn: Larry Kelly Pad Tie Tel cphonc Co . ght-of-VJay Dept. 2436 Howard Ave, Rm 120 San Diego, CA 92103 'Bill NicholG Carlsbad Chamber Of Commerce Elm Avenue Carlsbad, CA 92008 • J. Dekema Dist. Dir. of Ti-ans . P.O. Box a I 4 0 5 San Dieqo, CA 92138 B r u c 0 £ 1 i a s 0 n Dept of Fish t Game 350 Golden Sb.ore Long Beach, CA 90802 California Div. of Real Est .107 S. Broadway. Rm 8003 Los Angeles, CA 90012 T . C . Mart 1 ri P r 0 g r a m s & B u d g e t Eng i neer State of California Dept. of "\ \-ansp0rt. District i1 P.O. Box 81406 San Diego, CA 92138 CITY PERSOHMEL P WATER DEPARTMENT ENGINEERING DEPT FIRE DEPARTMENT ^ PARKS & RECREATION DEPARTMENT n UTILITIES DEPARTMENT BUILDING DEPARTMENT • _ • . • FORM PLANNING 53 DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2700 DECEIVE APR 21 1978 CITY OF CARLSBAD Planning Department In the matter of the application of GREENCASTLE, LTD., a California corporation FINAL SUBDIVISION PUBLIC REPORT FILE NO. 39731 ISSUED: JANUARY 16, 1978 for a Final Subdivision Public Report on CARLSBAD TRACT{77-3 ) MAP NO. 8677 ^ A "TARA" SAN DIEGO COUNTY, CALIFORNIA EXPIRES: JANUARY 15, 1983 This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information Regarding Schools can be found on Pages 6 & 7 of this report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. R/e Form 618 10/76 COMMON INTEREST SUBDIVISION GENERAL INFORMATION The project described in the attached Subdivision Public Report is known as a common-interest subdivision. Read the PubUc Report citrcfuUy for more information about the type of subdivision. The sub.diyision includes common areas and facilities which will be owned and/or operated by an owners' association. Purchase of a lot or unit automatically entitles and obligates you as a member of the association and, in most cases, includes a beneficial interest in the areas and facilities. Since membership in the association is mandatory, you should be aware of the following information before you purchase: Your ownership in this development and .Y(.*ur rights and remedies as a member of its as.sociution will be controlled by goveming instruments which gencraiiy include a Declaration of Restrictions (also )>nown a.s CC&R's), Articles of Incorporation (or association) and Bylaws. The provisions of these documents are intended to be, and in most cases are, enforceable in a court of law. Study these documents carefully before enteri.ig into a contract to purchase a subdivision interest. board. In short, "they" in a common-inlerest subdivision is "you". Unless you serve as a member of the governing board or on a committee appointed by the board, your control of the operation of the common areas and facilities is limited to your vote as a member of the association. There are actions that can be taken by the governing body without a vote of the members of the association which can have a significant impact upon the quality of life for association members. In order to provide funds for operation and maintenance of the common facilities, the as:ociation will levy a.ssessments against your lot/unit. It you are delinquent in the payment of assessments, the association may enforce payment through court proccedinfis or your lot/unit may be liened and sold through the exercise of a power of sale. The anticipated income and expenses of the association, including the amount that you may expect to pay through assessments, are outlined in the proposed budget. Ask to see a copy of the budget if the subdivider has not already made it available for your examination. A homeowner association provides a vehicle for the ownership and use of recreational and other common facilities which were designed to attraa you to buy in this subdivision. The association also provides a ncans to accomplish architectural control and to proviae a base for homeowner interaction on a variety of is.sucs. The purchaser of an interest in a common-interest sul division should contemplate active participation in the affairs of the association. He or she should be willing to serve on the board of directors or on committees created bv the Until there is a sufficient number of purchasers of lots or units in a common-interest subdivision to elect a majority of the governing body, it is likely that the subdivider will effectively control the affairs of the association. It is frequentiy necessary and equitable that the subdivider do so during the early stages of development. It is vitally important to the owners of individual subdivision interests that the transition from subdivider to resident-owner control be accomplished in an orderly manner and in a spirit of cooperation. When contemplating the purchase of a dwelling in a common-interest subdivision, you should consider factors beyond the attractiveness of the dwelling units themselves. Study the governing instruments and give careful thought to whether you will be able to exist happily in an atmosphere of cooperative living where the interests of the group must bc taken into account as well as the interests of the individual. Remember that managing a common-interest subdivision is very much like governing a small community . . . the management can serve you well, but you will have to work for its success. -iiri DRE - 2 - of 7 pages FILE NO. 39731 SPECIAL NOTES THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATION. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT OR UNIT. WARNING: WHEN YOU SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF IN- CORPORATION AND THE BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00, PLUS ATTORNEY'S FEES, PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360.) THE DECLARATION OF RESTRICTIONS FOR THE SUBDIVIDER CONTAINS A PROVISION COMMONLY KNOWN AS A "RIGHT OF FIRST REFUSAL." IN EFFECT, IT GIVES THE ASSOCIATION THE OPTION TO BUY YOUR PROPERTY ON THE SAME TERMS THAT YOU HAVE BEEN OFFERED BY A BONA FIDE PURCHASER. ANY SUCH OFFER YOU RECEIVE FROM A THIRD PERSON MUST BE TAKEN SUBJECT TO THIS PROVISION AND HELD IN ABEYANCE FOR 15 DAYS UNTIL THE ASSOCIATION DECIDES WHETHER OR NOT TO BUY YOUR PROPERTY. PURCHASERS SHOULD CON- SIDER WHETHER A BUYER WILL BE WILLING TO HOLD HIS OFFER OPEN DURING THIS 15-DAY PERIOD OR UNTIL THE ASSOCIATION EXERCISES THE OPTION TO PURCHASE. THIS WAITING PERIOD MAY REDUCE THE MARKETABILITY OF YOUR HOME, AND THE OPTION GIVEN TO THE ASSOCIATION TO PURCHASE YOUR PROPERTY MAY AFFECT YOUR ABILITY TO OBTAIN FHA FINANCING. INTERESTS TO BE CONVEYED; You will receive fee title to a specified lot, together with a membership in Tara Ltd. Homeowners Association and rights to use the common area. LOCATION AND SIZE: In the City of Carlsbad on the south side of Almaden Lane; east of El Camino Real. - 3 - of 7 pages FILE NO. 39731 The subdivider advises that no escrows will close until all common facilities, improvements, land- scaping and all structures have been completed on Lot 7 and a Notice of Completion has been filed and all lien periods have expired or a title policy issued containing an endorsement against all claim of liens. This tract consists of approximately 1.6 acres divided into 6 residential lots in addition to the common area which consists of Lot 7, on which community facilities consisting of swimming pool, landscaping and gate will be constructed. This first phase is part of a total project which, if developed as proposed will consist of a total of two phases and 8 residential lots as well as common area Lot 7, on which community facilities consisting of swimming pool, landscaping and gate will be constructed. There is no assurance that the total project will be completed as proposed. MANAGEMENT AND OPERATION: The Tara Ltd. Homeowners Association which you must join, manages and operates the common area(s) in accordance with the Restrictions, Articles of Incor- poration and the Bylaws. MAINTENANCE AND OPERATIONAL EXPENSES; The subdivider has submitted a budget for maintenance and operation of the common areas. You should obtain copies of these budgets from the subdivider. The monthly assessments for each phase are as follows: Phase I: 6 residential lots, $174.74, of which $25.71 is for reserves. Phase II; 2 residential lots, $179.77, of which $33.10 is for reserves. According to information furnished by the subdivider, the budget includes an annual charge for assessments on the common area lot fronting on the golf course. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments af any time in accordance with the procedure pre- scribed in the CC&R's or Bylaws. In considering the advisability of a decrease in assessments, care should be txaken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACIUTIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all lots. Lot numbers 1 through 6 during the month following the closing of the first sale of a lot. From that time, the subdivider is required to pay the associa- tion a monthly assessment for each lot which he owns. The remedies available to the association against owners who are delinquent in the payment of assess- ments are set forth in the CC&R's. These remedies are available against the subdivider as well as against other owners. The subdivider has deposited funds in escrow in the amount of $6,290,64 -4-of 7 pages FILE NO. 39731 as partial security for his obligation to pay these assessments. The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. EASEMENTS: Easements for utilities, television cable, rights-of-way, sewers, and other purposes are shown on the title report and the subdivision map No. 8677 recorded in the Office of the San Diego County Recorder, on September 22, 1977 as File No. 77-389325. RESTRICTIONS: This subdivision is subject to restrictions recorded November 19, 1964, in the Office of the San Diego County Recorder, File No. 211057 and on October 4, 1966 as File No. 160240; October 24, 1977 as File Nos. 77-438136 and 77-438137; and January 5, 1978 as File No. 78-005170; which include among other provisions, the following: All of the property fronting on the golf course shall be subject to an annual charge or assessment upon each lot which shall in no event exceed $1.50 per foot of the lot width, unless the provision is subsequently amended. (These assessments are based on front footage of lots adjoining the golf course. This money is used for maintaining open space golf cart easements and slope banks. This charge (to the common area lot) is included in the budget of Tara Ltd. Homeowners Association.) Non-payment of assessments may result in a lien with possible foreclosure against your property. The Association shall have the right to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. No outdoor television or radio antenna shall be permitted on any of the lots or common area without the prior approval of the Board. Each owner shall be restricted to no more than 3 small dogs, and/or no more than 2 birds, and/or no more than 1 cat and/or other species of domesticated pet. TAX ESTIMATES; If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows; TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1977-78 FISCAL YEAR IS $9,608. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. SPECIAL ASSESSMENT DISTRICT; Palomar Resource Conservation District Land $.002. This item is included in and collected on the County Tax bill. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions; An acceleration clause. This means that if you sell the property, the lender may declare the entire unpaid balance immediately due and payable. A late charge. This means that if you are late in making your monthly payment, you may have to pay an additional amount as a penalty. - 5 - of 7 pages FILE NO. 39731 The amount listed in the installment note may exceed the limitations imposed in applicable laws pertaining to late charges and to the extent they exceed legal limitations they may not be enforceable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terns of the loan. BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrow depository until legal title is delivered to you. (Ref. Sections 11013, 11013.2(a) of the Business and Professions Code). If the escrow has not closed on your lot within twelve (12) months of the date of your deposit receipt, you may request return of your deposit. GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS L0C:ATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDIVISION. SOIL CONDITIONS; An engineering report has been filed which indicates soil is expansive, and included in the report are certain recommendations. Subdivider has certified that he will comply with the recommendations of the engineer, that the purchasers' funds will be impounded in escrow, and that no escrows will close until recommendations have been completed. SEWAGE DISPOSAL; According to Leucadia County Water District, sewer service is available to the property^ PUBLIC TRANSPORTATION; Regularly scheduled bus service is 1 1/2 miles from the subdivision at El Camino Real and La Costa Avenue. SCHOOLS: The San Marcos Unified School District has furnished information of the nearest -6-of7pages FILE NO. 39731 schools, distances to the most remote lot, availability of school bus transportation, and bus charges, as indicated: Schools Alvin Dunn Elementary 300 Rancho Santa Fe Road San Marcos Junior High 650 Mission Road Distance (Miles) 6 1/2 Bus Available - Charges Yes Yes None None San Marcos High School 1615 San Marcos Boulevard 6 1/2 Yes None NOTE; San Marcos High School is severely overcrowded. Overcrowded conditions are anticipated at all remaining schools in the District. This school information was provided by the school district(s) prior to issuance of the public report. Purchasers may contact the local school district office(s) for any changes in school assignments, facilities and bus service. For further information in regard to this subdivision, you may call 213-620-2700, or examine the documents at the Department of Real Estate, 107 South Broadway, Room 7001, Los Angeles, California 90012. WPW/ - 7 - and last FILE NO. 39731 7682 El Camino Real, Suite 201 Carlsbad, CA 92008 January 26, 1977 Planning Department City of Carlsband Carlsbad, California 92008 Gentlemen: This is to authorize Mr. H. D. (Mike) O'Hara and/or Mr. John Ballew to act as my agents in the submission and presentation of a planned unit development at La Costa Country Club, City of Carlsbad, known as "Tara". Sincerely yours, TARALIMITED Robert S. Phillips ' General Partner ' 7> JAN 2 7 /977 LP CDStR COSTA DEL MAR ROAD -:- CARLSBAD, CALIFORNIA 92008 -:- TELEPHONE 714/753-1181 or 729-9111 January 24, 1977 (7 H.D. O'Hara Box 1009 Del Mar, Cal. 92104 Re: Lots 187-188-189-191 S 192 (Valley V) Dear Mike: This is to notify you we have no objection to your proposed grading plan. However, I feel that as long ditch exists I think it would be a good idea to install an 8" drain line to the existing gunite at the rear of Lot 194. My reasoning is that if the pool had to be drained, the chlorine water would not reach . our golf course. We would also be willing to grant you an easement for a sewer hook up to Golf Course Main behind Lots 191-192. Very truly yours. Robert H. Stork, Field Superintendent LA COSTA LAND COMPANY anient cc: I. Roston B. Kramer JOSEPH S. TUSHINSKY PRESIDENT CHAIRMAN OF THE BOARD SUPERSCOPB, INC. January 21, 1977 City o£ Carlsbad Planning Department PRESIDENT CHAIRMAN OF THE BOARD MARANTZ COMPANY, INC. 7 Gentlemen: I am the owner of Lot No. Valley Unit No. 4. I am planned unit development Phillips and Mr. Michael proposing for that site, given my full permission 187, La Costa aware of the that Mr. Robert O'Hara are and I have for the project, :ruly you JST:jr 7 m Z 7 1977 CITY OF CARLSBAD P/anning Department 20525 NORDHOFF STREET • CHATSWORTH, CALIFORNIA • 91311 January 19, 1977 City of Carlsbad Planning Departinent 1200 Elm Avenue Carlsbad, California 92008 C Dear sir: I am, at this time, in an escrow with Mr. Robert Phillips for the purchase of Lot 189, La Costa Valley Unit #4. I understand that Mr. Phillips is submitting this lot, along with others, to the City of Carlsbad for a plan unit develop- ment. I am aware of and approve of this submission. Sincerely, ^ -T A^ iymore Sey^ibre Vigm^ 14 Rue GraQ<ie Vallee Newport Beach, California 92660 JAW2 7 J977 OF CARLSBAD P.O. BOX 947 DRAG ON SERVICE 7204 PONTO DRIVE CATERPILLAR CLEANUP SERVICE CARLSBAD, CALIF. 92008 \/ A IV O R PTTVnT TT "R P"R ¥ W PT ^ ¥TVI^ TRASH AND DEBRIS REMOVAL PHONE: 753-4157 T/\il V-f JA J- ILl^ J. JL JTI. i J\ J. i-i k5 ^ J.i^V>4» CONTAI NER SER VIC E 438-4500 OR 767-5423 dba: SORRENTO VALLEY DISPOSAL CO. RANCHO SANTA FE DISPOSAL CO. BORREGO SPRINGS DISPOSAL CO. SALTON SEA COMMERCIAL CO. A> January 13, 1977 fS^"^ A Mr. H.D. O'Hara P.O. Box 1009 Del Mar, Calif. 92014 Dear Mr. O'Hara, In response to your telephone conversation of January 13, 1977, this is to advise you that Van Ort Enterprises, Inc. has the capability and necessary equipment to perform refuse collection for the proposed six to ten condominium project to be construct- ed off Almaden Lane, east of the Greenview Villas, in La Costa, California. Sincerely. Executive President VAN ORT ENTERPRISES, INC. RAY/mp . '^P A SATISFIED CUSTOMER IS OUR FIRST CONSIDERATION •^Z35^ • # APPLICATION NO. CARLSBAD TRACT 77-3 CITY OF CARLSBAD (Please Type or Print) ' Pater Jaimarv' 26.1977 1. REQUEST: Tentative Subdivision Map for: ' Land Division (Land division - air space division - combination land and air space division) 2. LOCATION: The subject property is generally located on the South ^side of Almaden Lnne betv/een Zamora Tay and, • • 3. ASSESSOR'S NUMBER: Book 215 Page 231 Parcel \5 Book 215 Page 231 Parcel 16 (If more, please list on bottom of page). Book 215 Pa^e 231 Pn,rcel 17 4. OWNER (S): Name Address City Zip Phone _ * / igent: Tara LTD. P.O.Box 1009 Del -iir. Ja. q?ni/l 755-02R1 5. Person responsible for preparation of Map Name Address City Zip Phone Pete Duca (Duoa-IIcGoy) 336 Pointsettia \ve. Corona Dft> Ifa-r r!r^,-Q?APR ^ 7U-S75-4437 -Registratian or License No.: R.a.ij. 24668 • APPLICANTS SIGNATURE: Thereby declare that all information contained within this application Is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to. Name Address City Zip Phone l^A^MATAMAm^ [ (7PA73S-023/ ~ Representing (Company or Corporation) TA^A Lfdy7/wAsd/^/fX^$/f/p) Relationship to Property Owner (s) The City of Carlsbad Planning Department would appreciate the \ opportunity to work with the applicant throughout.the Planning Stages of the proposed development. In ajn effort to aid the applicant, the Planning Department reque^sj^fea-trHt-Jbe^1 ven an opportunity to evaluate and discuss the'lr^^i^lii^giQ plans prior to submittal. This request is not a requiremeiit; • however, it may avoid major redrafting or rey/^l^lrp (af,-^the plan which only serves to lengthen the processing time. ATTACHMENTS: •. Supplemental Information Form - Planning Time Extension Agreement - Planning 37 Standard Conditions - Planning 28 Preparation Check List - Planning 33 Procedures -Planning 36 FORM: Planning fi Date of Planning Commicsion Approval ^PPLEMHIITAL INFQPsMATION F^M SPECIFIC PLAN/TENTATIVE SUBDIVISION MAP PLANNED UNIT DEVELOPMENT/SITE ^DEVELOPMENT PLAN . SPECIAL. USE PERMIT 1. Gross Acres (-or square footage if less than acre) 1.66 Aos. • Number of Lots Total 7, 6 and 1. Oommon lot 3. Type of Development Residential (Residential', Commercial,' Industrial) 4. Present Zone R1-10000 Proposed Zone R1-10000 (if change requested) 5. General Plan Land Use Designation R1-10000 A^^P/ - ^ a^/^J 6. Source of Water Supply Garlsbad Pimicinal ".7ater District . 7. Method of Sewage Disposal •Jzistin:'^ 3ewer System Runnin,^ Through Southem Portion Of Gubdision 8. Types of Protective Covenants to be Recorded Pinal Subdivision I.iap v.dll Record G. 0. h R's. For Subdivision 9. Transportation Modes Available to Service the Development^ Pone - J rivate Means .10. If residential development please complete the following: a) School District Serving the propertyX-^./^/i^SAfS^L^/^f/AfJ School District//^/^j2r>W>- S^3,/7 O/^^^/^ AfnlmSAfmA^A b) Are school facilities capable of serving this project: • • • .• " District will be furnised copy of tentative map and v/ill reply in v/rittin^. " (Written confirmation- of this requirement must be received by the Planning Department at least one week prior to Planning Commission hearing. If not received by this time the request will be denied.0 12. Methods proposed to conserve energyi^<^4^<^^^/y^/6^ /y; OmA^p}^^ mAh y/^/^/rf ^/df.chyey^fhiT/A/A . AAf^esTs-j^ A7t7Js//yj 4<^A ~ ^ Additional sheets may be attached If necessary to answer any of the above questions. FORM Planning 20 Date of Planning Commission Approval ^"^"75 STAT£ME;IT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD' The Subdivision Map Act sets a fifty (50) day time'restriction nn Planning Commission processing of Teniative Map ?h s ILe ?im?t can only be extended by the mutual concurrance of the app i^anlaL l^tu^'ll ?9^ePt^*ng applications for tentative maps co^cu?ren??y cess °thrf???l'r.S!°r' I' ^".^tternpt to speed up the ove?aH p^o cess, the fifty (50) day time limit is often exceeded-. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to\ion nta ?v'e"map'unt1/^'^ '''' '''''' appl?ca?ion"?or'?hr'" ceSsed and approv'^d. necessary entitlements have been pro- In either circumstance, the City will process your request within the earliest time period, however, in no circumstance shall this delay be greater than 150 days from the day of submittal of appli- cation. The undersigned understands that the processing time required by the City may exceed fifty (50) days, therefore the undersigned agrees to extend the fifty (50) day processing limitation and fully concurs with any extensions of time up to one hundred and fifty (150) days that may be required to properly review all of my appli- cations in order that the environmental impact report and any other prerequisites to this application may be processed concurrently. Signature Date Name (Print)^'Relationship to Application ' (Property Owner-Agent) FORM Planning 37 Date of Planning Commission Approval THE CITY OF CARLSB.4D TO WHOM IT MAY CONCERN: r This is to state, I am the legal owner of Lot ??'1S8, La Costa Valley Unit #4, It is with my complete approval that my lot he presented to your department for possible P. IT, D. development by purchaser. Purchaser i^ Robert S. Phillips, Pine Tree Associates, 8008 Girard Ave., Suite G, La Jolla, California. Tlmnk you for your attention. U^q^ C' '^AAAJX CaroleC. Pettit J/1/V2 7 1977