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HomeMy WebLinkAboutMP 149E; La Costa Master Plan; Master Plan (MP)May 30, 1980 tncostn Mr. Jim Hagaman Planning Director CITY OF CARLSBAD Carlsbad, Ca. 92008 Dear Jim: Attached is the Supplement to the Proposed La Costa Master Plan which has been prepared in accordance with the City's P-C Ordinance as part of the processing requirements for our Master Plan Amendment. It is my understanding that the City Manager will be docketing very shortly a proposed amendment to the P-C Ordinance which would delete the requirements for on Economic Impact Report in conjunction with individual master plans. This effort by the City Manager is in recognition that studies of this nature are more appropriate when conducted on a comprehensive city-wide basis such as being undertaken in the Growth Management study. The attached information, there- fore, should be useful to Sedway/Cooke in their current efforts on behalf of the City. Recognizing the extended time i nvolved in completing an amendment to the P-C Ordinance, it is urged that in the meanwhile that City staff suspend their requirements for completion of an Economic Impact Report on our current Master Plan Amendment submittal. If there are any questions regarding the above, please let me know. Sincerely,, LA COSTA LAND COMPANY nm Goff Vice President-Planning & Research cc JG/eem Ends. City Manager Public Works Director Mr. Charles Grimm Mr. Michael Zander COSTA DEL MAR ROAD CARLSBAD, CALIFORNIA 9200S AREA CODE 714 TELEPHONE 430-9111 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: DRUMMY GARRETT KING & HARRISON P. 0. BOX 8010 Newport Beach, California 92660 Attention: Mr. Paul K. Watkins MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LA COSTA SAN DIEGO COUNTY, CALIFORNIA TABLE OF CONTENTS Page Article Title No. 1. DEFINITIONS 2 2. APPLICATION OF LA COSTA MASTER PLAN AMENDMENT 4 2.1 Incorporation 4 2.2 Amendment 4 3. USE RESTRICTIONS 4 3.1 Nuisances 5 3.2 Vehicle Restrictions 5 3.3 Signs 5 3.4 Animals 6 3.5 Oil and Mineral Rights 6 3.6 Unsightly Items 6 3.7 Roofs and Antenna 6 3.8 Garages 7 3.9 Neighborhood Association Use Restrictions 7 3.10 Declarant's Exemption 7 3.11 Window Covers 7 3.12 Temporary Structures 7 3.13 No Warranty of Enforceability 8 4. NEIGHBORHOOD ARCHITECTURAL CONTROL 8 4.1 Neighborhood Architectural Committees 8 4.2 Architectural Guidelines 8 4.3 Enforcement by Declarant 9 5. ANNEXATION PROCEDURES 9 5.1 Annexation without Approval and Pursuant to General Plan 9 5.2 Annexation Pursuant to Approval ... 9 5.3 Annexation Procedure 10 5.4 Effect of Annexation 10 5.5 De-Annexation of the Real Property. 10 5.6 Presumption of Valid Annexation ... 10 TABLE OF CONTENTS Page Article Title No. 6. GENERAL PROVISIONS 11 6.1 Enforcement 11 6.2 Invalidity of Any Provision 11 6.3 Violations and Nuisance 11 6.4 Violation of Law 11 6.5 Remedies Cumulative 11 6.6 Nonwaiver 11 6.7 Term 12 6.8 Construction 12 6.9 Singular Includes Plural 12 6.10 Effect of Declaration 12 6.11 Personal Covenant 12 6.12 Leases 13 6.13 Amendment 13 11 MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS LA COSTA SAN DIEGO COUNTY, CALIFORNIA THIS MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration"), made on the date hereinafter set forth, by DAON CORPORATION, a Delaware corporation ("Declarant"), is made with reference to the following facts: A. Declarant is the fee owner of certain real property located in the County of San Diego, State of California, more particularly described on EXHIBIT A attached hereto and by this reference made a part hereof (the "Property"). The Property is commonly referred to as La Costa, B, The Property possesses natural beauty which Declarant intends to preserve through the use of a coordinated master plan of developraent and the terms of this Declaration. The master plan provides for sensitive land planning, harmonious and appealing landscaping, structures and improvements, and the establishment of individual maintenance associations for portions of the Property. C. It is assumed that each purchaser of property in La Costa will be motivated to preserve these qualities through community cooperation and by enforcing not only the letter but also the spirit of this Declaration, The Declaration is designed to complement local government and municipal regulations, and where conflicts occur, the more restrictive requirements shall prevail, D, Declarant intends by this document to impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all Owners (as hereinafter defined) or occupants of the Property, Declarant hereby declares that the Property shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, and improved, subject to the following decla- rations, limitations, covenants, conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property, -1- and every part thereof, in accordance with the plan for the improvement of the Property, All of the declarations, limitations, covenants, conditions, restrictions, and easements shall constitute covenants which shall run with the land and shall be binding upon Declarant and its successors-in-interest and assigns, and all parties having or acquiring any right, title, or interest in or to any part of the Property, ARTICLE 1 DEFINITIONS Unless the context clearly indicates otherwise, the following terms used in this Declaration are defined as follows: 1.1 "Builder" shall mean and refer to any Person, other than Declarant, who purchases two (2) or more unimproved Lots; or who purchases less than two (2) Lots and subdivides such Lot(s) into two (2) or more Lots; in La Costa for the purpose of constructing Improvements thereon and marketing the same to members of the general public; or who leases, for a term equal to or in excess of thirty-five (35) years, a portion of the Property from Declarant and records a subdivision map with regard to such portion, 1.2 "Declarant" means DAON CORPORATION, a Dela- ware corporation, and its successors-in-interest, assignees, and transferees, but shall not include members of the public pur- chasing Lots within the Property, 1.3 "Declaration" means this Master Declaration of Covenants, Conditions and Restrictions, as the same may be amended from time to time, 1.4 "Guidelines" means those guidelines adopted by Neighborhood Architectural Committees pursuant to Article 5. 1.5 "Improvements" shall mean Structures, as defined herein, hedges, windbreaks, major plantings, major planted trees and shrubs and all other major landscaping of every kind, 1.6 "La Costa" shall mean the real property subject to this Declaration, 1.7 "La Costa Master Plan Amendment" means the La Costa Master Plan Amendment, as adopted by the City Council of Carlsbad on December 16, 1980, as Ordinance No. 9570, as the same may be amended from time to time. -2- 1.8 "Lot" shall mean a-ny parcel of real property on any recorded subdivision map pertaining to any portion of the Property, together with any improvements on the Lot. "Lot" shall also mean an estate in real property as defined in Section 783 of the California Civil Code, as well as an interest in a community apartment project, as defined by Section 11003 of the California Business and Professions Code and an interest in a stock coopera- tive as defined in Section 11003.2 of the Business and Professions Code. 1.9 "Neighborhood" means all Lots and the Neighbor- hood Common Area (if any) of an individual subdivision or develop- ment established by one or more final subdivision maps or final parcel maps, or other lawful land division. Neighborhoods shall be established by Declarant, or by Builders with the Declarant's permission. A Builder may develop a Neighborhood in phases compatible with construction and marketing requirements. 1.10 "Neighborhood Architectural Committee" shall mean the committee(s) created pursuant to Article 4. 1.11 "Neighborhood Common Area" means the area or areas set aside principally for the benefit of all Neighborhood Owners. Neighborhood Common Areas are typically owned and/or administered by a Neighborhood Association but may be owned and/or administered by individual Owners as well. Common examples include, but are not limited to the common area in a condominium project and the common lettered Lot in a planned unit development. Owners in a Neighborhood which is not a common interest subdivision may designate a Neighborhood Common Area as well. 1.12 "Neighborhood Association" shall mean any incorporated or unincorporated association formed to maintain and/or operate any portion of a Neighborhood which is owned by such Owners for the benefit of the Neighborhood Owners who are its members. A Neighborhood Association may also enforce or administer any Organizational Documents pertaining to a particular Neighborhood. 1.13 "Organizational Documents" shall mean any and all declarations of covenants, conditions and restrictions, and associated documents (such as articles of incorporation, bylaws, rules and regulations, Guidelines, and the like) affecting a particular Neighborhood. 1.14 "Owner" or "Owners" shall mean the record holder or holders of fee simple title to a Lot within the Property, including Declarant, or the vendee under an installment land sales contract, but shall exclude Persons having any interest -3- merely as security for the performance of any obligation. If a Lot is leased by Declarant to a Builder for a term equal to or in excess of 35 years and the lease or a memorandum thereof is recorded, the lessee and not the Declarant shall be deemed the Owner. 1.15 "Person" means a natural person, a corpora- tion, a partnership, a trustee, or other legal entity. 1.16 "Property" means that certain real property described on EXHIBIT A attached hereto and by this reference made a part hereof, and such other property as may be annexed to this Declaration under Article 5. 1.19 "Structure" shall mean and refer to any thing or device including, by way of illustration and not limi- tation, any building or other living quarters, garage, driveways and parking areas; porches and covered or'uncovered patios; sheds, greenhouses or bathhouses; tennis courts; stables; fences and walls; poles, fixtures, monuments and signs, antennas or other temporary or permanent improvement to the Property. ARTICLE 2 APPLICATION OF LA COSTA MASTER PLAN AMENDMENT 2.1 Incorporation. The provisions of the La Costa Master Plan Amendment are expressly incorporated into this Declaration to the same extent as if they were expressly set forth herein and shall, to the extent applicable, in the event of a conflict or incon- sistency, prevail over the provisions and conditions of this Declaration. 2.2 Amendment. Declarant reserves the right, at any time and from time to time, to obtain amendments to the La Costa Master Plan Amendment. ARTICLE 3 USE RESTRICTIONS In addition to all of the covenants contained herein and such further restrictions which may be imposed on portions of the Property through declarations of covenants, conditions and -4- restrictions approved by Declarant and recorded by Declarant and/or Builders, the use of the Property and each Lot therein is subject to the following: 3.1 Nuisances, No noxious, illegal, or offensive activities shall be carried on in any Lot, or in any part of the Property, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each of the Owners of his respective Lot. 3.2 Vehicle Restrictions, No trailer, camper, mobilehome, recreational vehicle, commercial vehicle, truck (other than standard size pickup truck), inoperable automobile, boat, or similar equipment shall be permitted to remain, to be constructed, or repaired upon any area within the Property, other than temporarily (for purposes of loading or unloading of passengers or personal property), unless placed or maintained within an enclosed garage or carport, or unless obscured from view of adjoining Lots, streets or alleys by a fence or appropriate screen. Commercial vehicles do not include sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by Declarant or a Neighborhood Associa- tion in its sole and absolute discretion. No noisy or smoky vehicles shall be maintained or operated upon the Property, except as reasonably necessary to the execution of the duties of the Owners or Neighborhood Associations under this Declaration, No trailer, camper or mobilehome shall be allowed to be parked on public streets within the Property, and any such parking shall be deemed to constitute a nuisance. Any fence or screen required under this Article shall comply with the Guidelines as to size, color or other qualifications for permitted fences or screens. Golf carts and similar vehicles shall be operated within the Property only pursuant to the Organizational Documents or such rules as Declarant may promulgate in the absence of an applicable provision in the Organizational Documents, 3.3 Signs, No signs shall be displayed to the public view on any Lots or on any portion of the Property except those signs approved by the Neighborhood Architectural Committees in accord- ance with their Guidelines, "For Sale" or "For Rent" signs shall be allowed provided they are of customary and reasonable -5- dimensions not to exceed four (4) square feet and comply with any Guidelines established therefor. Builders may post signs on their portions of the Property during construction and initial sales provided that the number, size, color, content, and loca- tion of such signs are approved by Declarant in its sole and absolute discretion. 3.4 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept on the Lots, provided they are not kept, bred or maintained for any commercial purpose, or in unreasonable numbers. Notwithstanding the foregoing, no animals or fowl may be kept on the Lots which result in an unreasonable annoyance or are obnoxious to residents in the vicinity. All dogs shall be kept on a leash when on any portion of the Property except its Owner's Lot. 3.5 Oil and Mineral Rights. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in the Property nor, subsequent to the recording of this Declaration, shall oil wells, tanks, tunnels or mineral excavations or shafts be installed upon the surface of the Property or within five hundred (500) feet below the surface of the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 3 .6 Unsightly Items. All weeds, rubbish, debris or unsightly materials or objects of any kind shall be regularly removed from the Lots and shall not be allowed to accumulate thereon. All clotheslines, refuse containers, woodpiles, storage areas, machinery and equipment shall be prohibited upon any Lot unless obscured from view of adjoining streets, lots, alleys, or Neigh- borhood Common Areas nearest such portion of the Property from a height of six (6) feet or less. Any fence or screen required by this Article shall comply with the Guidelines as to size, color or other qualifications for permitted fences or screens. 3.7 Roofs and Antenna. All Structures constructed in La Costa shall have tile or wood shingle roofs, unless otherwise approved by the appropriate Neighborhood Architectural Committee. No -6- projections of any type shall be placed or permitted to remain above the roof of any Structure with the exception of one or more chimneys, one or more vent stacks, or other items as may be approved by a Neighborhood Architectural Committee. No tele- vision, radio, citizen's band or other electronic antenna, pole, or device of any type shall hereafter be erected, constructed, placed or permitted to remain on any Lots unless and until the same shall have been approved in writing by the appropriate Neighborhood Architectural Committee, or unless the same shall be contained within a Structure. 3.8 Garages. No garage doors shall be permitted to remain open except for a temporary purpose. The principal use of garages shall be for the parking of cars; no garage shall be converted to living quarters without the consent of Declarant and any appropriate governmental agency. Garages shall be used in such a manner so as to accomodate the parking of at least the number of cars for which they were designed, 3.9 Neighborhood Association Use Restrictions. Nothing herein shall prevent a Neighborhood Association from adopting use restrictions for its portion of the Property which are more restrictive than those set forth herein, provided that such restrictions shall in no way modify the provisions of this Declaration. 3.10 Declarant's Exemption. Nothing contained in the Declaration shall be construed to prevent the erection or maintenance by Declarant or its duly authorized agents, of Improvements, Structures or signs necessary or convenient to the development, sale, operation, or other disposition of its Property and Declarant shall be further exempt, with respect thereto, from the provisions of Article 3 hereof except Article 3.5 hereof. 3.11 Window Covers. Curtains and drapes, shutters, or blinds of a neutral or unobtrusive color may be installed as window covers, subject to the appropriate Neighborhood Architectural Committee's approval. No window shall be covered with aluminum foil or similar material. 3.12 Temporary Structures. No Structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding -7- shall hereafter be used on any Lot at any time, either temporarily or permanently without the written approval of the appropriate Neighborhood Architectural Committee, 3,13 No Warranty of Enforceability, While Declarant has no reason to believe that any of the restrictive covenants contained in this Article 3 or elsewhere in this Declaration are or may be invalid or unenforce- able for any reason or to any extent. Declarant makes no warranty or representation as to the present or future validity or enforce- ability of any such restrictive covenant. Any Owner acquiring a Lot in La Costa in reliance on one or more of such restrictive covenants shall assume all risk of the validity and enforce- ability thereof and, by acquiring the Lot agrees to hold Declarant harmless therefrom. ARTICLE 4 NEIGHBORHOOD ARCHITECTURAL CONTROL 4.1 Neighborhood Architectural Committees, Each Neighborhood in the Property, through its Organizational Documents or otherwise, shall establish a Neighbor- hood Architectural Committee with the responsibility of reviewing and approving any building, fence, wall, balcony, screen, patio cover, tent, awning, carport, carport cover, antenna, Improvement, or Structure of any kind to be commenced, erected, painted, or maintained upon the Property, or any subdivision map or Lot split of any portion of the Property, or any alteration by any Owner or occupant of the Neighborhood. A Neighborhood Architectural Committee shall also review and approve the planting and/or maintenance of any plant, tree, or shrub which could, at full growth and maturity, unreasonably interfere with the view from any Lot. In evaluating such a plant, tree, or shrub, the Neighbor- hood Architectural Committee shall consider the view from all adjacent Lots as it existed on the dates those Lots were sold by a Builder or Builders to members of the general public, and the reasonably anticipated development of such view consistent with the original landscaping scheme of Declarant and the Builders, 4.2 Architectural Guidelines. Each Neighborhood Architectural Committee shall adopt Guidelines. Declarant shall approve the initial Guidelines adopted by the Neighborhood Architectural Committees -8- in its sole and absolute good faith discretion. Each Neighbor- hood Architectural Committee may, from time to time in its sole discretion, amend such Guidelines prospectively if done by unanimous vote; otherwise, Declarant's approval shall be required of any amendment. The Guidelines shall interpret and implement the provisions hereof by setting forth the specific standards and procedures for review and the Guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use in La Costa; the Guidelines shall be consistent with the purposes of this Declaration and shall have the same force and 0 effect as the Declaration and may be similarly enforced. 4.3 Enforcement by Declarant. Should any Neighborhood fail to establish a Neighborhood Architectural Committee as required by this Article, or should a Neighborhood Architectural Committee fail to perform its duties under this Declaration in Declarant's sole and absolute discretion. Declarant may at its sole election establish its own architectural committee, in its sole and absolute discretion and consistent with the purposes of this Declaration, to provide architectural control for that Neighborhood. ARTICLE 5 ANNEXATION PROCEDURES 5.1 Annexation without Approval and Pursuant to General Plan. All or any part of the real property described EXHIBIT B, attached hereto and by this reference made a part hereof, may be annexed to and become subject to this Declara- tion without the approval, assent or vote of the Owners, provided that a Declaration of Annexation ("Annexation Declaration") as described in Article 5,3 is recorded. However, no Annexation Declaration shall be executed and recorded pursuant to this Article 5.1 after the earlier to occur of (i) twenty-five (25) years subsequent to recordation of this Declaration or (ii) ten (10) years subsequent to the last recordation of an Annexation Declaration. 5.2 Annexation Pursuant to Approval. Upon the written assent two-thirds (2/3) of the Owners, any person owning real property other than the property described on EXHIBIT B who desires to add such property to the plan of this Declaration may file of record an Annexation Declaration, as described in Article 5.3. The provisions of this Article shall also apply to the property described on EXHIBIT B subsequent to the expiration of Declarant's power to annex such property to the plan of this Declaration as provided in Article 5-1. -9- 5.3 Annexation Procedure. The annexations authorized under the foregoing Articles shall become effective when, and only when, the last of each of the following events occurs: 5.3.1 A final subdivision map has been filed with respect to the real property to be annexed if required by law. 5-3.2 An Annexation Declaration has been recorded by Declarant or the owner described in Article 5.3 covering the applicable portion of the real property to be annexed. This Annexation Declaration shall incorporate this Declaration by reference and may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added property, and as are not inconsistent with the scheme of this Declaration. The Annexation Declaration shall state that the requirements of Articles 5.1 or 5.2 and 5.3 have been met, 5•4 Effect of Annexation, Upon any such annexation becoming effective, the real property thereby annexed shall become and constitute a part of the Property subject to the provisions of this Declaration. 5-5 De-Annexation of the Real Property, Any parcel annexed to the Property pursuant to the plan of Declarant, in accordance with Article 5.1 above, may be de-annexed by Declarant and removed from La Costa at any time by the recordation of an appropriate Declaration of De- Annexation; provided that such de-annexation shall take place before any Lot in such annexed property has been sold to a member of the general public (not a Builder), 5,6 Presumption of Valid Annexation. As to any person who in good faith acts or refrains from acting in reliance upon the apparent annexation of property pursuant to Articles 5.1, 5,2, 5.3 and 5.4, as evidenced by the declarations or other documents recorded there- under, it shall be conclusively presumed that all of the require- ments of this Article have been complied with and that such property is properly annexed to this Declaration, -10- ARTICLE 6 GENERAL PROVISIONS 6.1 Enforcement, Declarant, any Neighborhood Association, any Owner or Owners, and any governmental or quasi-governmental agency or municipality having jurisdiction over the Property shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, and reservations, now or hereafter imposed by this Declaration, and in such action shall be entitled to recover costs and reasonable attorneys' fees, 6.2 Invalidity of Any Provision, Should any provision of this Declaration be declared invalid or in conflict with any law of the jurisdiction where the Property is situated, the validity of all other pro- visions shall remain unaffected and in full force and effect, 6.3 Violations and Nuisance. Every act or omission whereby a covenant, condition or restriction of the Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by Declarant, or any Owner or Owners. 6.4 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occu- pation or use of the Property is hereby declared to be a viola- tion of the Declaration and subject to any or all of the enforce- ment procedures herein set forth, 6.5 Remedies Cumulative, Each remedy provided by the Declaration is cumulative and not exclusive, 6.6 Nonwaiver, The failure to enforce the provisions of any covenant, condition or restriction contained in the Declaration shall not constitute a waiver of any right to enforce any such provision or any other provisions of the Declaration thereafter. -11- 6.7 Term. The covenants, conditions and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the persons and entities set forth in Article 6,1, their respective legal repre- sentatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by a three-fourths (3/4) majority of the then Owners has been recorded at least one (1) year prior to the end of any such period, agreeing to change said covenants, conditions and restrictions in whole or in part. 6 - 8 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a residential and commercial community of tracts and for the maintenance of the Property and Neighborhoods. The Article headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. 6.9 Singular Includes Plural, Whenever the context of this Declaration requires, the singular shall include the plural and the masculine shall include the feminine. 6.10 Effect of Declaration. This Declaration is made with the intent to establish a general scheme for the use, occupancy and enjoyment of the Property and each and every Lot and portion thereof. Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this Declaration or as the compliance of any of these provisions with public laws, ordinances and regulations applicable to the Declaration. 6.11 Personal Covenant, To the extent the acceptance of a conveyance of a Lot creates a personal' covenant between the Owner of that Lot and Declarant or other Owners, that personal covenant shall terminate and be of no further force or effect from and after the date when a Person ceases to be an Owner. -12- 6.12 Leases. Any agreement for the leasing or rental of a Lot (hereinafter in this Article 6.12 referred to as a "Lease") shall provide that the terms of such Lease shall be subject in all respects to the provisions of this Declaration. The Lease shall further provide that any failure by the lessee under the Lease to comply with the terms of the foregoing documents shall be a default. All Leases shall be in writing. Any Owner who leases his Lot shall be responsible for assuring compliance by such Owner's lessee with this Declaration. Provided, however, the obligation of the foregoing sentence shall not apply to Declarant if Declarant leases a Lot for a term of twenty (20) years or more and such Lease is recorded. No Lot shall be leased or rented for transient or hotel purposes. 6.13 Amendment. Declarant reserves the right to amend this Declaration at any time and from time to time so long as it retains record fee ownership to at least ten percent (10%) of the total acreage of the Annexable Property described on EXHIBIT B. If Declarant is record Owner of less than ten percent (10%) of the total acreage of the Property or the Annexable Property, any amendment to this Declaration must have the written consent of a three-fourths (3/4) majority of the then Owners of the Property. The undersigned, being the Declarant herein, has executed this Declaration on , 198 . DAON CORPORATION, a Delaware corporation By: (Title) By: (Title) -13- STATE OF CALIFORNIA ) ) SS, COUNTY OF ORANGE ) On , 198_, before me, the under- signed, a Notary Public in and for said County and State, person- ally appeared , known to me to be the of Daon Corporation, whose name is subscribed to the within Master Declaration of Covenants, Conditions and Restrictions, and known to me to be the person who executed the within instrument on behalf of such Corporation, and acknowledged to me that such Corporation executed such instrument pursuant to its Bylaws or a resolution of its Board of Directors, WITNESS my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA ) ) SS, COUNTY OF ORANGE ) On , 198_, before me, the under- signed, a Notary Public in and for said County and State, person- ally appeared , known to me to be the of Daon Corporation, whose name is subscribed to the within Master Declaration of Covenants, Conditions and Restrictions, and known to me to be the person who executed the within instrument on behalf of such Corporation, and acknowledged to me that such Corporation executed such instrument pursuant to its Bylaws or a resolution of its Board of Directors, WITNESS my hand and official seal. Notary Public in and for said County and State •14- LEGAL DESCRIPTION OF PROPERTY (To Be Attached) EXHIBIT A LEGAL DESCRIPTION OF ANNEXABLE PROPERTY (To Be Attached) EXHIBIT B CITY 01- CARLSBAD T'LANNJNG COMMISSION rilNliT!: SPECIAL AIXIOURNHD MinrriNG ST. ELJZABl'TIi SJfi'Of CJIURCI! SHPTEMBBR 16, 198 0 ;iLLD AT; . LA COSTA CALL TO ORDLR The meeting ivas called to order tit 8:00 P.M. by Cha.irman Schick R_OL^L_CAU. Pres ent: -Absent: Staff Prercent: Chairman Schick, Commissioners Friestedt Jose, and Larson. Commissioners Leeds, Rombotis and Marcus. Tom. Hageman, Principal Planner and-Charles G r i m m, Associate P1 ?, n n e r . Chairman Schick advised that this special meeting of the Planning Commission was called to review the revisions of the Master Plan for La Costa; he stated this was the first of at least two special meetings to be held on these revisions and the Planning Commission wished to receive input from the public hearing curing these sessions. The staff report was presented by Tom Hageman .advising the public why the plan was being prepared, which areas are affected, and what the plan proposes. He then defined the Master Plan process as a refinement of .the General Plan which shows a xomprehen.sive land use approach to public facilities, i.e., roads, schools, parks, etc., and the relationship of land use types to each otiier. The Master Plan reflects unique or special characteristics of a particular area and lays out broad development types and standards. This sets t)ie frame- x^Gtk for future land use decisions. He emphasized that the Master Plan does not subdivide land; this mtist be done througli a separate subdivision procedure. It does, howcA'^er, call for spiecial reviev/ of designated areas-as they develoj) using a perm_it process and sets s])ecific criteria for item.s such as signing, landscaping and. grading. With the use of wall exhibits, he pointed out Planned Community (P-C Zone) areas of Carlsbad covered by Master Plans, and explained the reason for the P-C Zone as principally a holding zone in order to provide the city with a comprehensive look at large areas prior to development. He stated that La Costa h,,rs an existing Master Plan on the developed areas of La Costa tliat would remain unclianged; this is an amendment to that Master Plan intended to include new territory and add development st-^ndards, Charles Grimm of the city staff then presented a report setting forth the contents of tJic pl;!n. He stated that the plan is not in final form; changes may occur based on input at this and other meetings, particularly in the area of public facilities and processing. He pointed out that Environmental Impact Report No. 307, required by state law, was certified by the city in 1976 and mitigation m.easiires identified in the EIR included as .part of the Master Plaii text. The most significant of the mitigation m.easures include the submittal of detailed soils, archaeological, drainage and biology reports on each major project. The measures also call for the preservation of stream habitat and steep slopes. He explained that under land use, the Master Pla-n is divided into three subareas. With the use of exhibits he then pointed out these areas, giving the location, proposed uses and density. He stated that development will occur in phases, the first of which would probably begin by 1985, the second phase between 1985 and 1990 and construction under the third phase by 1990. He explained the development process by citing an example and describing the two alternatives from which a developer could select in developing the property. The first process is to utilize the current zoning standards in effect in the city; the alternative would be to use a Site Development Plan. The Site development Plan- allows the developer to be more innovative because it allows him to reduce lot sizes, cluster units or provide large open spaces areas along as he does not increase the desTjity in a neighborhood. A Site Development Plan must be fully reviev/ed by the Planning Commission and is submitted in conjunction with a Tentative Tract Map, which requires a public hearing. If the developer chooses to develop by the Site Development Plan process, he is subject to the general and individual standards outlined in the Master Plan. The general standards apply to all neighborhoods, while individual regulations differ for each neighborhood based on topography and special characteristics. ' , This Master Plan provides for a number of other regulations .such as provision of recreational vehicle storage, fire suppression, trail systems, signs and noise attenuation. The Master Plan also has wording for a provision of affordable housing. This section is tied to the adoption of the city's Housing Element and may allow a density bonus for rental units in certain areas, the most likely of which would be those areas shown on the map as SE 10, SE 16, SW 2, SW .3, and SW 8, Mr. Grimm, then pointed out on tlie liiap tlie proposed 223 acres of open space that will define tlic -^neighborhoods. With the use of wall aidSj existing and proposed parks for the area were pointed out, along with the approximate acreage. It,was stated that a copy of the Master Plan is available both in the Planning Dep.Trtmcnt and tlje Carlsbad City Library for review by the public. Chairman Schick then requested supplemental information from Mike Zander, the city's consultant for the La Costa Master Plan. Mr. Zander compared the La Costa Master Plan with.that of Lake Calavera which had been adopted by the city and pointed out major differences in the two plans, stating that a miaj'or difference is in La Costa's option to utilize either con- ventional zoning or the Site Development approach, which allows more design flexibility. He also mentioned that the plan offers opportunity for a density bonus designed to promote affordable housing. Chairman Schick then compared the sewer system of Lake Calavera Hills with that proposed for La Costa, which will utilize effluent where practicable. Mr. Zander advised that, ivhile the land use plan shos utility areas, it should be noted that, the Leticadia Sewer District is studying various sites. .Rather than showing sites on the • plan as open space, the plan shows one of the sites being proposed and the plan would be amended at tiie time of c. final selection of a site. Commissioner Jose asked whether affordable housing incorporated low income housing. Mr. Zander answered there is nothing sjjecific in the plan relative to low and moderate incom.s housing; this will be handled through the proposed Housing Element itself and will be applied throughout the city. This can be done either by an increase in density for apartments or by allowing a doubling of density in the RLM zone for a mobilehome park. Commissioner Jose then asked if the proposed commercial center in the southeast would be of the magnitude of May Company. Mr. Zander replied it would not; it is a community shopping center comiparable to the one across the street from May Company in which Von's is located or Flower Hill. Mr. Zander further mentioned to the Commission that through the Site Development Plan process, a few of the neighborhoods may elect to waive the 35' height limit and allow six story buildings. 3- Commissioner Jose asked whether an ordinance change would be required for tliis; Mr. Zander responded that zoning sets the development standards. In a Planned (lommunity Zone, the standards' are set by the Master Plan; when the Master Plan is adopted, the ordinance I'ecomes official. Commissioner Jose requested that staff spell out the definition of recreational storage particularly as to motorhomes, boats, golf carts, etc.; he also juadc mention of tiie m.inimum lot size. A recess was called at 9:00 P.M. Tho mieeting was recoiivened at 9:10 P.M., by Chairman Schick, who then_ accepted questions informally from the audience. A question was asked from the audience as to whether or not land shown under power lines was shown as open space; Charles Grimm responded that this land would be left in its natural state. Mr. Zander further informed the audience that the plan proposed a series of pedestrian trails with the potential of being linked to other city proiperties. Commissioner Schick pointed out that these areas were partially subject to SDG^^E easements. A citizen wished clarification of the low cost housing and trailer homies, and their proposed location, Charles Grim.m pointed out on the m.ap the potential sites. Commissioner Schick stated that the plan would bo refined to show actual locations prior to adoption. It was asked if the Circulation Element is a part of the Master Plan; staff responded in the affirmative. The plan will be coordinated with, the Circulation Element. Mr. Zander furtiier informed the audience that the county is presently undergoing possible changes in circulation. A question was raised relative to the status of Olivenhain Road, specifically whether it is county or city. Mr. Zander replied, it is both city and county and is currently one-half improved. It has an approximate 102 foot right-of-way, about one-half of which has been constructed. General questions ensued relative to the amount of traffic on Olivenhain Road and the effect the possible deletion of the proposed Melrose Road would have on traffic. Mr. Zander advised the audience to get involved and make their concerns knoivn to the county. He stated this could have impact on development within the county. Another question arose as to the total amount of dwelling units proposed cast of Rancho Santa Fe Road; Mr. Zander stated approximately 2,200 units ultimately. •4- Further conversation ensued relative co prospective traffic circulation and possible changes in alignment. A member of the audience wanted to Ivi-ov; the projected timing of the phase's; with the aid of a ii!ap, staff responded to the question. There'was more general conversation relative to the Circulation Element; specific questions wore answered and staff advised the audience that a copy of all documents relating to the proposed plan are on file in the city library, A question was asked about the proposed timing of the nine- hole golf Course; this was responded to by Jim Goff, who advised that it is intended for the first phase and is an integral part of the development of the northwest areas in that homes would be built around it. He estimated tlie tim.e of construction at tliree to five years. Commissioner Jose referred to an original plan for ghteen hole golf course; Mr. Goff replied that the design would not work - there is simply not room for an eighteen hole course at this location. When asked, he stated that the golf course would cover 105 acres approximately. A micmber of tlie audience asked when Master Plan would be adopted; staff responded hopefully by the end of this year. Corn;-ersation ensued relative to the CCf^R' S . within La Costa, vjith specific emphasis on wliose responsibility it is to enforce these conditions. Mr. Goff responded to the questions and advised the audience to leave their names and addresses for spec-ific information about the CCJ^R'S and he would contact them on an individual basis regarding the CC&R'S. It was aksed what the city's position is in regard to solar energy, solar rights, and solar -developments. Commissioner Schick said that the Planning Commission does not get involved in the economics of solar energy; nor do they set construction standards or insulation requirements. The question of solar rights was pursued with the questioner citing an example of allowing a two-story building to be built when it would shade the solar screen of an adjacent building. Commissioner Schick responded that Carlsbad presently has no ordinance relative to solar energy per se. Tom Hageman advised the Commission and audience that an crdinance relative to solar energy is forthcoming from tlie Planning Department and would be presented to the Com.mission in the near future. He further advised the Commission that a committee for an Energy Element will soon be established. General questions relative to trafi'ic flow and traffic control problems at Olivenhain Road and El Cain ino Real were discussed. Mr. Zander advised that b'Otli the city ahd county are v;orking on a traffic design at the jrresent time. A question relative to the area north of Rancho Santa Fe Road asking whether or not this area is a ])art of the Master Plan was offered; Mr. Goff advised that t'lis area is the San Marcos Reservoir; its purpose is tlie storage of reclaim.ed water for irrigation. The Commission continued this matter to October 1, 1980, at 7:00 P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California. The meeting was adjourned at 9:33 P.M. Respectfully Submitted, JAMES C. HAGAMAN ' Secretary to the Planning Commission JCH:JD:ar -6 STAFF REPORT Date: October 22, I98O To; Planning Commission From: Planning Department Case No.: MP-l'!f9(E) . Applicants La Costa Lajid Company (Jim Goff, V.P.) Request: Approval of a proposed Master Plan Amendment I. BACKGROUND A. Location and Description of Property The La Gosta community, within the City of Garlsbad, comprises 5,287 acres of land located 2.6 miles inland from the Pacific Ocean at the easterly end of Batiquitos Lagoon and approx. 6.5 miles southeast from the commercial center of Carlsbad (refer to the following Location Map). Of the 5»287 acres, 2,888 acres have already been developed, approved for development, or axe in the process of being approved for development by the Gity. There- fore, this Master Plan Amendment specifically covers 2,399 acres. The La Costa community also includes an axiditional approx. 2^ acres in the City of San Marcos and approx. 57 acres in the unincorporated area of the County of San Diego. B. Existing Zoning Subject Property: P-G (areas subject to Master Plan), R-1-15,000, R-l-10,000, R-l, R-2, RD-M, R-P, C-l-Q, G-2, 0-S and P-U (refer to Exhibit 1-2 of Master Plan.) North: P-Gj Gounty: A-72-8 East: San Marcos: A-1, L-M; County: A-70-8, R-S-3, S-90-2, S-90-8, R-R-1, R-R-.5 South: P-G, L-C, P-U; Gounty: A-70-8, R-R-3, G-36, A-70-8(FP) Wests P-M, E-A-Q, P-G, RD-M-Q, G-l-Q, C-1, R-l; County: S-90-10, A-70-8(FP), C-36, A-72-8 REGIONAL LOCATION MAP OCEANSIDE ^^yr '*T'«!iar«. STAFF REPORT October 22, I98O Page 2 G. Existing land Use Subject Property: Resort area (including spa, hotel, golf course, tennis courts, etc.), single-family residential, multiple-family residential (primarily condo- miniums), commercial and office uses, public works and utility facilities, vacant land Norths Mostly vacajit (Rancho Carrillo and Bressi Rajich) Easts Single-family residential (Meadowlark area). La Costa industrial park, estate residential, vacant land Souths Estate residential (Olivenhain area), single- family PUD (Rancho del Ponderosa), greenhouses, vacant land Wests Palomar Airport Business Park, greenhouses, agricultiore, single-family residential (Sea- port), Batiquitos Lagoon, vacant lajid D. History and Related Cases Refer to Section I.E. of the Master Plan (pages 1-3 to 1-5). E. Environmental Impact Information An environmental impact report (EIR-3O7) has been certified for this project in conjunction with GPA-38 and MP-1^9(A). The land uses analyzed in that EIR are basically identical to those con- tained in this Master Plan (only a couple of proposed park sites have been consolidated into one). The EIR identifies various mitigation measiures that have been included as conditions with- in the Master Plan text (see Chapter II). With the inclusion of these mitigation measures, all of the identified impacts of the Master Plan can be adequately mitigated. General Plan Information In 1976, the City approved a General Plaji AiK^dment (GPA-38) that amended the Land Use Element text and ^ikn and the Cir- culation Element. In October, I98O, the PllCining Commission recommended approval of a General Plan AmeiSSment (GPA-56) to amend the Parks and Recreation Element. The proposed Master Plan is consistent with those amendments and with the City's General Plan. STAFF REPORT October 22, I98O Page 3 G. Economic Impact Report Section 21.38.060(2)(B) of the Garlsbad Municipal Code requires a "land use and Public Facility Economic Impact Report that con- tains the followings a. Justification for the proportions of the various land uses based on the projected population and acceptable marketing or planning techniques. b. Projected fiscal impacts the development will have on the ability of the City and other governmental or quasi-public agencies to provide necessary services. This report shall include the approximate cost of dwelling units, anticipated land and sales taxes to the City, and costs of necessary public services. The report shall be prepared by an economic consultant independent of the applicant but at the applicant's expense." The Master Plan is accompanied by such a report entitled "Economic Analysis of La Costa Master Plan." The summary conclusions of that study are contained on pages.2 and 3 of the report. .Basic findings, and a brief discussion of each, are as follows: 1. Using certain assumptions, the report concludes that "during the 20-year build-out period, the revenues are shown to ex- ceed the costs." Three of these assumptions are: a. The developer will provide all necessary street improvements up to and including secondary arterial improvements or equi- valent free from potential reimbursement from the City's Public Facility Fee Fund; b. The developer will dedicate the land for all public parks free from potential reim- bursement from the City's PFF Fund; and c. The developer will dedicate all necessary school sites in addition to paying ajiy fees currently being required by the various districts. This matter will be discussed in more detail in the discussion section of this report. 2. The marketing expectations of the projected build-out of the project is realistic and not unreasonable. In other words, the proposed types ajid amounts of the various land uses appear to be appropriate. 3. The report concludes that the projected population could require additional local-serving commercial development. However, the report failed to recognize that additional neighborhood commercial areas can, and most likely will, occur without being designated on the Master Plan. This potential commercial development should eliminate any shortages of local-serving commercial developraent iden- tified in the Economic Analysis. STAFF REPORT October 22, I98O Page k H. Major Planning Considerations 1. Does the proposed Master Plan comply with the technical requirements of the Planned Community Zone? 2. Is the proposed Master Plan consistent with existing Master Plans? 3. What are the unique features of the proposed Master Plan? Can the necessary finding regarding the availability of public facilities for this project be made? 5. Does the proposed Master Plan comply with the "Intent and Purpose" section of the Planned Community Zone? II. DISCUSSION A. Compliance with Technical Requirements of P-C Zone 1. Format: The format used in the La Gosta Master Plan con- forms basically with the Code requirements. Certain related subjects have been combined and the order of subjects has been slightly modified for the sake of clarity. Staff encouraged these modifications. 2. Legal Maps Because of the size of the project area, a map scale of 1"=1,000' was used instead of 1"=200' as re- quired by the code. The scale used is adequate and is recommended by staff. 3. Land Use Graphics The applicant has done a good job of applying densities and development standards to the pro- perty. The various land uses conform well with the topo- graphy and fit well with one another. 4. Open Si)ace Graphics The proposed open space program has been well thought out. Approximately ^00 acres (16.7%) of the Master Plan area are designated as open space, parks or golf course. The open space system includes pedestrian trails. No equestrian trails are proposed as a part of this Master Plan. Bikelanes will be provided primarily on public streets. 5. Specific Development Provisions Graphics This requirement has been properly combined with the land use exhibits. Also, a Zoning Map has been included that identifies the zoning standards and other approvals for the areas of La Gosta already developed or in the process of being developed. STAFF REPORT October 22, 1980 Page 5 6. Public and Quasi-Public Facilities Graphics The Master Plan currently contains graphics for streets, schools, public parks, water and sewer service. The circulation exhibit should be modified to show the locations of the proposed traffic signals. Also, a graphic should be added or one of the existing graphics amended to show the approximate location of the proposed fire stations, library brajiches and administrative office. 7. Phasing Graphics Only three phases are shown. The neigh- borhood numbers do not imply phasing. 8. Topography Graphics This graphic is suppose to show "existing trees and other natural features." Also, the text of the Master Plan discusses areas containing rare ajid endangered plants. The topography graphic should be amended to show these areas. 9. Grading Graphics The code requires a graphic "to indicate where significsmt grading is anticipated and for what reasons it is necessary." These areas should be shown on the topography graphic. 10. Land Use Text: This section meets all of the code require- ments . 11. Special Development Regulations Texts These regulations have been properly included in the land use section and comply with all code requirements. 12. Public Facilities Text: The identification of the necessary public facilities are included. Refer to later discussion regarding the funding of these facilities. 13. Private Maintenance Texts The text contains proper pro- vision for the maintenance of private open space areas by homeowner's associations. Ik. Phasing Texts Only three phases are specifically estab- lished within the Master Plan. Some tentative periods for each of the phases are suggested in the Economic Report but not established as part of the Master Plan. It is appro- priate that no timing be applied to the Master Plan at this time, pending completion of the City's growth manaigement study now in progress. The results of this study may im- pose further timing requirements at a later date. STAFF REPORT October 22, I98O Page 6 15. Special Requirements Texts These requirements are iden- tified in the land use section of the Master Plan. 16. Mitigation Measures Texts As identified earlier, all of the mitigation measures in EIR-307 have been included as conditions of approval in the Environmental Constraints section of the Master Plan. 17. Landscape Plan Texts This plan is identified in the land use and open space sections of the Master Plan. 18. Sign Program Texts A comprehensive sign program for dir- ectional and identification signs has been included as part of the Master Plan. B. Consistency with Existing Master Plans The Calavera Hills Master Plan is the only existing Master Plan approved under the provisions of the current P-C code. The pro- posed La Gosta Master Plan is consistent with that master plan with regards to format and. in content involving the following sectionss I.A., I.B., I.C, I.D., I.E., II.A., II.B., II.C, III. C.(por.), III.F., III.G., III.H., III.I., III.J., IV.A., IV. B., IV.C.(no equestrian), V.A., V.B., V.C, V.D., V.E., V.F. and V.H. New and unique sections will be discussed later. One area worth discussing here is the method used to process this Master Plan as compared to the method used for the Calavera Hills Master Plan. The original Calavera Hills Master Plan was prepared by the applicant with little assistance from staff. That plan was then processed through the necessary public hear- ings with an extensive staff report identifying recommended changes. After Gity Council approval, staff revised the Master Plan to comply with the approved changes. For the La Gosta Master Plan, the applicant has worked closely with staff to develop a plan that will need only minor changes. In other words, the plan before you is basically as recommended by staff. C Unique Features of the La Costa Master Plan 1. Existing Areass Because there were no existing areas in the Calavera Hills Master Plan, this discussion in the La Costa Master Plan is unique. There are basically three types of existing areas. First are those areas outside of the City of Garlsbad. This Master Plan has no bearing what- soever over these areas other than identification. The se- cond type of existing area are those that are zoned with a specific base zone other than P-C These areas are identi- fied in the Master Plan along with each areas zone. This Master Plan also has no legal bearing in these areas. The STAFF REPORT October 22, 1980 Page 7 third type of existing area is those areas zoned P-G but already approved for development. The approving documents are identified in the Master Plan. If any of these areas should be amended subsequent to the approval of this Master Plan, said amendment would have to be consistent with the plain. 2. Overall Design Concepts: .This section discusses the three major sub-areas contained within the Master Plan area and the existing areas identified above. 3. Development Review Process: Whereas the Calavera Hills Master Plan only provides one method of processing de- velopment applications, the La Gosta Master Plan provides two methods. The first is referred to as the "Standard Review Process." Under this process, only a tentative subdivision map is processed. Development standards for the development, such as setbacks, building heights, par- king, etc., shall be governed by the corresponding zone identified for each neighborhood. Other Master Plan pro- grams, such as the sign program, open space plan, and phasing, would also apply. The other process is referred to as the "Site Development Plan Review Process." This process re- quires the approval of a site development plan as well as a tentative subdivision map. Under this process, develop- ment standards, previously regulated by the zone, shall be regulated through the approval of the site development plan. The Master Plan contains certain minimum standards and guidelines to be followed in the approval of the site development plan. All neighborhoods, except for those iden- tified as part of the community core or designated as a commercial neighborhood, have the option of developing under, either process. ^. Guaranteed Densities: When projects are processed under the standard review process, densities shall be guaranteed, but not allowed to exceed, as follows: RL-1.0 du/ac, RLM- 3.0 du/ac, RM-7.0 du/ac, and RMH-14.0 du/ac, provided all other applicable requirements of the Master Plan are met. Projects processed under the site development plan review process shall also be guaranteed these densities but also be allowed to exceed the densities if found consistent with all of the requirements of the Master Plan. 5. Special and Individual Development Standards: As mentioned previously, certain minimum standards and guidelines are provided for each neighborhood to be developed xmder the site development plan review process. STAFF REPORT October 22, I98O Page 8 6. Community Core: The Garlsbad General Plan includes a special treatment area designation over the proposed community core area in southeast Garlsbeui (La Costa). This area is expected to become the focal point for the La Costa community. The core contains community commer- cial, office, high density residential and public park land uses. All of the neighborhoods within the community core must utilize the site development plan review process. 7. Affordable Housing: The La Gosta Master Plan is consis- tent with the City's Housing Element of the General Plan. Also, two unique provisions are included. First, the Master Plan allows the approval of densities higher than the stated maximum when the project is limited to low and moderate income families. Second, the plan identifies areas suitable for mobilehome park development and allows approval of a doubling of densities in all identified RLM areas. 8. Funding of Public Facilities: Whereas the Calavera Hills Master Plan was one of the factors leading to the development of the Public Facilities Fee, the La Costa Master Plan is the first Master Plan processed since implementation of the fee. An in-depth discussion of this matter follows. 9. Sign Program: As mentioned earlier, the La Gosta Master Plan contains a comprehensive program for directional and identification signs. D. Funding of Public Facilities Prior to the implementation of the City's Public Facility Fee requirement (Policy #17), some public facilities were provided by the developer, some were provided hy the City and some were provided by special districts. For those facilities normally provided as a function of the City, a study prepared by staff recommended a 3.^-1% fee. This fee, if imposed on all new de- velopment, would have provided the Gity with 100^ of the necessary funding for new fire and paramedic facilities, general govern- ment facilities, library facilities, parks, traffic signals and arterial street improvements above the local street requirement. However, the Gity Council only approved a 2^ fee to be levied only on discretionary projects. Therefore, the current policy obviously leaves a gap in public facility funding that must be made up in some other way. STAFF REPORT October 22, I98O Page 9 The issue of how this gap is to be filled is a City-wide policy issue that should be addressed by the City Council as a separate issue from this Master Plan. It is anticipa- ted that this issue will be addressed by the City Council prior to their consideration of this Master Plan. However, in an attempt to identify some possible answers to this issue as it applies to this Master Plan, staff has prepared the following scenarios: (Note: All $ in 1979 dollars) 1. City Fundings Assuming the validity of the staff study on the PFF, if the Gity were to fund all of the identified municipal facilities through the PFF, the available amount of funds would fall short by approximately 1.5^' The Economic Report also identifies this shortage of one-time costs. City-wide, this shortage could amount to as much as $69,238,100 to be made up through some other source. The total La Costa community share of this shortage would be 3M or $2,35^,095. 2. Developer Fundings If the developer were to be required to provide all of the identified municipal facilities within the boundaries of the total La Gosta community, the pro- jected cost would be $18,390,488. This cost would be in addition to the projected payment of a PFF of $18,693,723. 3. Modified Fiindings The Economic Report shows that if all public park land were to be dedicated and the developer were to provide all street improvements up to and including secondary arterials, the one-time (capital) costs of the La Gosta project would be equal to the one-time (PFF) revenue generated by the project. It so happens that the cost of these two items, park land and secondary arterial improvements, is roughly equal to La Costa's share of the shortage identified in scenario #1 above. In other words, if La Gosta is required to dedicate all public park lands to the Gity and provide all street im- provements up to the secondary arterial level, as well as pay the 2% PFF (no credit given for said dedications and improvements), funds from the City's PFF will be sufficient to cover the costs of all other identified municipal facilities. One other item worth noting here is funding for public schools. The Economic Report states that there would basically be no problem in the funding of new school facilities ifs 1. The developer is required to dedicate the school sites to the various districts, 2. The developer continues to pay the full fee required by the various districts, and 3. There were no strings attached to the use of SB-201 fees. These assumptions STAFF REPORT October 22, 1980 Page 10 (or provisions) are contrary to the current procedures being used. In the past, the school districts have given credit for the dedication of sites in lieu of payment of fees. Here again is a policy issue that should be addressed by the Gity Council and the various school districts. E. Compliance with Intent and Purpose Staff believes that the proposed La Gosta Master Plan, with the changes identified above, not only meets the minimum provisions of the "Intent and Purpose" section of the P-C code, but offers further unique and innovative ideas not yet utilized by previous Master Plans. III. RECOMMENDATION Staff recommends APPROVAL of MP-149(E), attached as Exhibit "A", dated October 10, 1980 (Revised), subject to the following conditions s A. Prior to the processing of any of the neighborhoods within this Master Plan, the Master Plan text shall be revised as followss 1. Section V.G. (Sources of Public Facility Funding) shall be amended to reflect City Council policy regarding specific funding requirements of the various public facilities. 2. Section V.H. (Phasing of Public Facilities) shall be amended if necessary, to comply with any changes that occur as a result of condition A.1. above. B. Prior to the processing of any of the neighborhoods within this Master Plan, the Master Plan graphics shall be revised as follows s 1. Revise "Land Use" graphic (and base for other exhibits) as follows s a. Delete the "U" designation and applicable open space buffer from neighborhood SE-9. b. Revise boundaries of neighborhoods sw 1, SW 2, sw 7, SW 8, SW 9 and SW 11 to reflect natural drainage. 2. Revise "Circulation" graphic to show locations of planned traffic signals as identified in the Master Plan text. STAFF REPORT October 22, 1980 Page 11 3. Revise an existing "Public Facility" graphic or add a graphic to show the approximate location of the planned fire stations, library branches and administrative office. 4. Revise "Topography" graphic as followss a. Show existing trees, location of endangered plant species discussed in the text, and ciny other significant natural features. b. Indicate where significant grading (as defined by the Gity Engineer) is ^tieipated. IV. FINDINGS Staff recommends that the findings required by Section 21.38.110 of the Garlsbad Municipal Code can be made as followss A. The proposed development as described by the Master Plan is consistent with the provisions of the General Plan and any applicable specific plans. B. Although all necessary public facilities may not be available at this time, their availability, concurrent with the need, has been assured through the provisions of the Master Plan and ad.equate provisions have been provided to implement those por- tions of the Capital Improvement Program applicable to the subject property. C The residential and open space portions of the community will constitute an environment of sustained desirability and sta- bility; and it will be in harmony with or provide compatible variety to the character of the surrounding area; and the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having juris- diction thereof. D. The proposed commercial uses will be appropriate in area, location and overall design to the purjrases intended; and the design and development standards are such as to create an environment of sustained desirability and stability; and such development will meet performance standards established by Title 21 of the Garlsbad Municipal Code. E. In the case of institutional, recreational, and other similar nonresidential uses, such development will be appropriate in area, location and overall planning to the purposes proposed, and surrounding areas are protected from any significant ad- verse effects from such development. STAFF REPORT October 22, 1980 Page 12 F. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon. G. The proposed commercial developments can be justified economically at the locations proposed and will provide adequate commercial facilities of the types needed at such locations proposed. H. The area surrounding this development is or can be planned and zoned in coordination and substantial compatibility with said development. I. Appropriate measures are proposed to mitigate any significant adverse environmental impact as noted in the adopted Environmental Impact Report for this project. V. APPENDIX The following documents are attached for reference: A, Chapter 21.38 of the Carlsbad Municipal Code (Planned Community Zone). B. City Council Policy No. 17 (Piiblic Facilities) VI. EXHIBITS The official exhibits that accompany this report include the following: A. Resolution No. 1719 B. "Draft La Costa Master Plan, MP-149(E)", dated October 10, 1980 (Revised), prepared by the Carlsbad Planning Department. C. EIR-307, dated March 24, 1976, prepared by the Carlsbad Planning Department, D. "Economic Analysis of La Costa Master Plan" dated September, 1980, prepared by Angus McDonald and Associates, Inc. 21.38.010 Appendix A Chapter 21.38 P-C PLANNED COMMUNITY ZONE* Sections: 21.38.010 Intent-and purpose. 21.38.020 Pennitted uses and structures. 21.38.030 General provisions. 21.38.040 Master plan required. 21.38.050 Application. 21.38.060 Contents of master plan. 21.38.070 Exception to master plan. 21.38.080 Prefiling procedure. 21.38.090 Planning director's duties. 21.38.100 Planning commission duties. 21.38.110 City council action. 21.38.120 Amendment of master plan. 21.38.130 Implementation of master plan. 21.38.140 Additional standards. 21.38.150 Undeveloped' areas of existing planned communi- ties . 21.38.010 Intent and purpose. The intent and purpose of the P-C, planned community zone, is to: (1) Provide a method for and to encourage the orderly implementation of the general plan and any applicable speci- fic plans by the comprehensive planning and development of large tracts of land under unified ownership or devel„-5pmental control so that the entire tract will be developed in accord with an adopted master plan to provide an environment of stable and desirable character; (2) Provide a flexible regulatory procedure to encourage creative and imaginative planning of coordinated communities involving a mixture of residential densities and housing types, open space, community facilities, both public and pri- vate and, where appropriate, commercial and industrial areas; (3) Allow for the coordination of planning efforts be- tween developer and city to provide for the orderly develop- ment of all necessary public facilities to insure their availability concurrent with need; (4) Provide a framework for the phased development of an approved master planned area to provide some assurance to the developer that later development will be acceptable to the city; provided such plans are in accordance with the approved planned community master plan. (Ord. 9458 §l(part), 1976). Prior ordinance history: Ord. 9338, Ord. 9262, Ord. 9218, Ord. 9060) . 403 (Carlsbad 7/20/76) ^.38.020—21.38.050 21.38.020 Permitted uses and structures. In the P-C, planned community zone, the permitted uses and structures shall be established by a master plan of development approved in accordance with this chapter which may include any use found to be necessary and desirable for a community planned in accordance with the purposes of this chapter; provided that such permitted uses and structures shall be consistent with the general plan and applicable specific plans. Prior to ap- proval of a master plan, the property may be used as permitted by Chapter 21.07 for the E-A exclusive agricultural zone. After approval of a master plan, such agricultural uses may - be continued if the master plan so provides. (Ord. 9458 §1 (part), 1976). 21.38.030 General provisions. (a) The P-C zone may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner con- sistent with the purposes and objectives of this chapter. No P-C zone shall include less than one hundred acres of contig- uous land. (b) All land in each proposed planned community shall be held in one ownership or shall be under unified control unless otherwise authorized by the city council. For the purposes of this section, the written agreement of all owners in the planned community to develop in accord with the master plan as approved indicates unified control. (c) An owner may transfer sections of the development. The transferee shall be required to use the property in accord with the approved master plan. (d) A planned community shall be subject to all other applicable provisions of Title 20, Subdivisions, and Title 21, Zoning, of this code. Where a conflict in regulation occurs, the regulations specified in this chapter or the approved master plan shall control. (Ord. 9458 §l(part), 1976). 21.38.040 Master plan required. Prior to the approval for any permits for development on property zoned P-C, planned community, a master plan of development must be approved by the city council in accord with the provisions of this chapter. A master plan when approved by ordinance shall establish the regulations for the development of the planned community with- in the P-C zone, and the regulations shall become a part there- of. (Ord. 9458 §l(part), 1976). 21.38.050 Application. An application for approval of a master plan shall be made to the city council through the planning department and planning commission in accordance with procedures set forth below: (1) An application for a master plan may be made by the record owner or owners, or their duly authorized agents, of the subject property. It shall be filed with the planning 404 (Carlsbad 7/20/76) ( 0. 21.38.060 director and must contain the signatures of the record owner or owners of the subject property. (2) The planning commission may prescribe the form ahd content for such application. (3) A fee of one hundred dollars plus two dollars per acre for the first two hundred acres and one dollar per.acre for all acreage above two hundred acres, and shall be paid when the application is filed. (4) The application shall be accompanied with a prelimi- nary master plan graphic and text, open area plan, and sign program. (Ord. 9458 §l(part), 1976). 21.38.060 Contents of master plan. A master plan for the development of a planned community shall consist of the following: (1) Graphic plans of the proposed development that in- clude the following: (A) A map and legal description of the property with a north point scale not less than one inch equals two hundred feet, showing the date of preparation and the name and address of the plan's preparer, be in company or person, is required. (B) Location of the various land uses shall be indi- cated by the use of zone designations of development zones and overlay zones as provided in this title. Development of property within the area of each such zone shall be subject to the regulations of the indicated zone unless specifically modified as a part of the master plan approval. (C) An integrated open space program that is at least fifteen percent of the total master planned area is required, except that the city council may reduce this amount if the proposed open space is found to be adequate and is integrated with a proportional amount of offsite open space. Land uses considered as open space for purposes of this chapter are properties that are publicly or commonly owned for the bene- fit and use of the public or residents of the community such as parks, recreation facilities, greenbelts that are at least twenty-feet wide, natural areas that are a-h least ten thousand square feet in area, bikeways and pedestrian paths. These areas are to be indicated in the master plan and not used for any other purpose. (D) Specific development provisions to be applied such as a planned unit development permit or a conditional use permit shall be indicated. Development of property within areas so indicated shall be in accord with the terms of the permit and the provisions of this title applicable to such permits. (E) The location of public and quasi-public facili- ties such as schools, fire stations, transmission lines and booster stations shall be indicated. (F) The locations of major circulation systems and collector streets and their relationship to the circulation 405 (Carlsbad 7/20/76) 21.38.060 element shall be indicated. Bikeways, pedestrian paths, inter- connecting open space areas and and other special access means shall also be shown. (G) Facilities for water supply and sewerage disposal, including sewer and water trunk lines, fire station sites, storm drainage and flood control structures and any other public facility needed to properly service the proposed com- munity shall be indicated. (H) Phasing of development shall be indicated. Adequate public facilities, open space, recreation areas and street systems shall be provided for each phase. (I) A map showing topographical contours at no less than twenty-five foot intervals. Existing trees and other natural features shall be indicated on such map. (J) Proposed development shall be consistent with the topography to reduce the amount of grading. The graphic is to indicate where significant grading is anticipated and for what reasons it is necessary. (2) A text shall accompany the graphic and shall include in the order as listed below: (A) A description of each type of land use by acre and area indicating the number and type of anticipated dwell- ing units in each of the residential areas, anticipated uses in the commercial, industrial zones and the land area for parks, schools, common open area and other public facilities and community services, (B) Land use and public facility economic impact report that contains the following: (i) Justification for the proportions of the various land uses based on the projected population and accept- able marketing or planning techniques, (ii) Projected fiscal impacts the development will have on the ability of the city and other governmental or quasi-public agencies to provide necessary services. This re- port shall include the approximate cost of dwelling units, anticipated land and sales taxes to the city and costs of necessary public services. The report shall be prepared by an economic consultant independent of the applicant but at the applicant's expense, (C) Special development regulations, including any modifications of zone designation regulations, (D) A program to meet the needs for parks, schools and other public facilities based on the anticipated population of the community and the timing of its development, (E) Method to be employed for the maintenance of com- monly held private land such as open space, recreation areas, street and parking areas. Some possible methods, depending on the circumstances, are maintainance by developer, homeowners' association, maintenance district, or city, (F) Phasing schedule indicating the timing for each section of the development, what public facilities, open space, recreation facilities or amenities will be provided with each phase, 406 (Carlsbad 7/20/76) 1^1.38.070—iii.iu.uya (G) Special requirements as requested by the applicant oy-required by the city council which may include, but are not limited to, any of the matters v;hich may be regulated by speci- fic plan pursuant to Section 65451 of the Government Code, (H) Measures to be used to mitigate any adverse en- vironmental impact as noted in the adopted environmental im- pact report for the. project; • . (3) A landscape open area plan that includes all open spaces' as required by this chapter and all other such areas pro- posed for the developraent. This plan shall include a graphic indicating areas to be landscaped, left natural, used as recre- ation, open space and bike or pedestrian ways. In addition* the plan shall include the proposed ovmership, and indicate who shall have the responsibility for the maintenance of the various types of open areas; . (4) A community identification sign program that, in ad- dition to signs otherv/ise permitted, the master- plan area will show community entrance signs, directional signs end temporary •informational signs. The program may include the following:; (A) Graphic representation of design motif, (B) .Location of permanent comraunity entrance, direc- tional and informational signs, (C) Type, number and dimensions of temporary infoi'ma- tional and directional signs that v^ilD. be used during develop- ment only> • (D) Special sign progrejn for the coiRmcrcial and indu-i- trial portion of the community including standards for develop- mer.t based on sign -area footage per lineal foot, face oi: build- ing "and sign height maximums. A community identif,ication sign program is in addition to those signs permitted in Chapter 21.41, but in no case may the sign program exceed that allowed for comnmnity identity signs in Chapter 21.41. If no comiaunity identification sign program is desired, the master plan text shall so indicate. (Ord. 9458 §l(part)> 1976). - - " 21.38.070 Exception to m.aster plan. Areas within a master plan may be reserved for future planning, provided such areas do not exceed forty percent of. the entire metster plan ax-ea. Such jreserved areas shall be so indicated aud v/ill .require ainend ment to the master plan to include all rocTuJ.red contents prior •to development. (Ord. 9458 SKpart), 197(J) . 21.38.080 Profiling procedure. Prior to filing rin appli- cation for a master plan, cin ixppiicant laay profile the pro- po.sal with tl^c planning director for review. TJic direcLor sliall contact intorerjled department.'; unci acjoncy per.<-;oMna.l and cirrangc any necessary mooting.':; with the r.-pplicant. Thi.':; pro- cedure may involve a revicv; of the general ovU.lino of the pro-- p65;al. After revicv;, tlio plannxjiig d.irector :;liall furni.'ih the applicani-. v;itli v;rittoii connnc^ntr, recjarding t.he rt^vicv; coiifcrcnice:"; including recfMnmcndatiojK; a.':; £ippropr5ate Lo i)ifor;;i and :i'.>r..irA- 4 06--1 ' {C.>.rl.-.bad 7/,?0/7G) # .38.090 — 21.38.110 the applicant prior to his formal application for master plan approval. The planning director shall submit written com- ments within twenty days after completion of review or within thirty days after receiving written request for such comment from the applicant. (Ord. 9458 §l(part), 1976). 21.38.090 Planning director's duties. The planning director shall set a master plan for hearing before the plan- ning commission within sixty days of receipt of a complete application. The hearing date may be extended beyond sixty days provided there is written concurrence from the applicant". The public hearing shall be noticed and held in accordance with the provisions of Chapters 21.52 and 21.54. A staff report containing recommendations on the plan shall be pre- pared and furnished to the public, the applicant, and the planning commission prior to the hearing. (Ord. 9458 §1 (part), 1976). 21.38.100 Planning commission duties. The planning com- mission shall hear and consider the application for a master plan and shall prepare recommendations and findings for the city council including all matters set out in Section 21.38.110. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. (Ord. 9458 §1 (part), 1976). 21.38.110 City council action. (a) When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the cjity coun- cil, to be noticed and held in accordance with the provisions of Chapters 21.52 and 21.54. (b) The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may by ordinance approve a master plan if, from the evidence presented at the hearing, the council finds that all of the following facts exist: (1) The proposed development as described by the master plan is consistent with the provisions of the general plan and any applicable specific plans. (2) All necessary public facilities can be provided concurrent with need and adequate provisions have been pro- vided to implement those portions of the capital improvement program applicable to the subject property. (3) The residential and open space portions of the community will constitute an environment of sustained de- sirability and stability, and that it will be in harmony with or provide compatible variety to the character of the sur- rounding area, and that the sites proposed for public facil- ities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof. 406-la (Carlsbad 7/20/76) 21.38.120 (4) The proposed commercial and industrial uses will be appropriate in area, location and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance stan- dards established by this title. (5) In the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development. (6) The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic there- on. (7) Any proposed commercial development can be justi- fied economically at the location proposed and will provide adequate commercial facilities of the types needed at such location, proposed. (8) The area surrounding the development is or can be planned and zoned in coordination and.substantial com- patibility with the development. (9) Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted environmental impact report for the project. (c) The city council shall make no substantive modifi- cation of a proposed master plan as recommended by the plan- ning commission unless and until such modification has been referred to the planning commission for additional study, report and recommendation. Such additional study, report and recommendation shall be made by the planning commission with- in forty days of the date of the referral, unless and except as the city council may grant the planning commission addi- tional time for its review of the matter. Failure of the planning commission to act within the time limit constitutes their concurrence with the city council actions. (Ord. 9530 §2, 1979; Qrd. 9458 §l(part), 1976). 21.38.120 Amendment of master plan. (a) The amendment of a master plan may be initiated by the property owner or authorized agent as follows: (1) A request for an amendment shall be submitted to the planning department in written form and shall be ac- companied by such additional graphics, statements, or other information as may be required to support tthe proposed amend- ment. The planning commission shall consider the proposed amendment at its next regular meeting. (2) If the planning commission considers the amend- ment minor in nature, the additional graphics, statements or other information may be approved by the planning commis- sion and made a part of the original city council approval without the necessity of a public hearing. 406-lb (Carlsbad 10/15/79) 21.38.130 ( (3) A minor amendment shall not change the densities, or the boundaries of the subject property or involve an addi- tion of a new use or group of uses not shown on the original master plan or the rearrangement of uses within the master plan. If the planning commission determines that the amend- ment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing. (4) If public hearing is required, the applicant shall submit a completed application with graphics, state- ments, or other information as may be required to support the proposed modification. (5) A fee of fifty dollars plus one dollar per acre is required for all property within the portion of the master plan to be modified. (6) An application for a modification of a master plan for which a hearing is required shall be processed, heard, and determined in accordance with the terms of this chapter applicable to the adoption of a master plan. (b) The city council may by motion initiate an amend- ment to a master plan. Such amendments shall be processed, heard and determined in accordance with the terms of this chapter applicable to the adoption of a master plan. (Ord. 9458 SKpart) , 1976) . C 21.38.130 Implementation of master plan. (a) To in- sure that the provisions and requirements of the approved master plan are fulfilled, the following procedures shall be used: (1) Upon final approval of a master plan, tJhe plan- ning director shall affix the master plan designation nxjmber on the official zone map. (2) Subdivision of land in the master plan area shall meet all requirements of Titles 20 and 21 of this code and the approved master plan. (3) Development of property within a master plan pursuant to a special process such as site development plan, planned unit development permit or conditional use permit shall meet all requirements of the permit, the approved master plan, and the provisions of this title applicable to such ermit. (4) Ministerial permits such as building permits, busines licenses, and home occupations shall meet all re- quirements of this code and the approved master plan. (b) The planned community master plan process is part of the ongoing city planning effort. It is anticipated that amendments to the master plan may be necessary prior to com- pletion of the planned community. Approval and construction of a sectional part of a master plan shall not vest rights in the remainder of the plan. The plan is intended rather as a planning frcimework to insure that the parts of the plan /• as constituted are properly integrated into the city's plan- \ ning process. (Ord. 9458 §l(part), 1976). 406-lc (Carlsbad 7/20/76) • 38.140—21.38.150 C 21.38.140 Additional standards. The city council may by resolution adopt additional standards of development for master plans. Master plans approved or amended after the effective date of such regulations shall comply therewith- For amended master plans that are partially constructed, the new standards shall apply to the undeveloped portions only. (Ord. 945 §l(part), 1976). 21.38.150 Undeveloped areas of existing planned com- munities . Undeveloped portions of properties zoned P-C on the effective date of this chapter shall be regulated by this section as follows: (1) Properties of less than one hundred acres shall be considered lawfully nonconforming. The development of such property shall require a planned unit development per- mit or a condominium permit issued in accordance with the provisions of Chapter 21.45 or Chapter 21.4 7, whichever chapter is applicable to the development. If no master plan has been approved for the property, the land use shall be consistent with the general plan. If a master plan has been approved, the density and other provisions of such plan shall be consistent with the general plan. If a master plan has been approved, the density and other provisions of such plan shall constitute the underlying zone for purposes of the planned unit development or condominiiam permit. (2) Properties of more than one hundred acres for which no master plan has been approved shall comply fully with the provisions of this chapter. (3) Properties of more than one hundred acres, ^with an approved master plan, shall require either a planned unit development or permits which shall be accomplished in accordance with the provisions of Chapter 21.45 or Chapter 21.47, whichever chapter is applicable to the development. The density and other provisions of such plan shall consti- tute the underlying zone for the purposes of the planned unit development or condominium permits. The city council, by motion, or the property owner, by application, may ini- tiate an amendment to the master plan to bring it into ac- cord with the provisions of this chapter. If such eimend- ment is approved, the development of such property shall be in accordance with this chapter. (4) Notwithstanding the provisions of this section, property with an approved specific plan adopted pursuant to P-C zone regulations in effect prior to the effective date of this chapter can be developed in accord with such specific plan without further processing as required in this chapter. (Ord. 9535 §1, 1979: Ord. 9458 §l(part), 1976) . 406-ld (Carlsbad 10/15/79) •No. RE:GEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) TO SIBEET AND ^ cy s^/Aic^ rso"—ij ^— P O., STATE AND ZIPCODE 1 T~7r CERTIFIED FEE SPECIAL DELIVERY RESTRICTED DELIVERY SHOW TO WHOM ANO DATE DELIVERED SHOW TO WHOM, DATE, AND AODRESS OE DELIVERY SHOW rO WHOM AND DATE DELIVERED WITH RESTRICTED DELIVERY SHOW TO WHOM, DATE AND AODRESS OE DELIVERY WITH RESTRICTED DELIVERY yy TOTAL POSTAGE AND FEES \fyo POSTMARK OR DATE yj-f-^ 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 Citp of Carl^batr TELEPHON5; I7t4) 723-U8t County of San Diego 220 West Broadway San Diego, CA 92101 / NOTICE OF DETERiMINATIpN 1416 Ninth Street ^ Room 1311 Sacramento, CA 95814 Tliis is to advise that the Cit>' of Carlsbad on December 2, 19^ approved the following project: Project Description: Master Plan 149 (E) (MP 149 (E) ) This Master Plan provides standards for the nndevelnpp.d areas of La Costa. , , Project .-address/Location: East of El Camino Real, Tferth of Olivenhain Fid., ' South of Paionar Aixport BoadV and west of the eastem city b6rBi«3ary The Cit>* made the folloxving determinations regarding the environmental impact of the above described project: 1. .The project 2. the enxdronment. will. will not, have a significant effect on X An Environmental Impact Report xvas prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures x vere; the approval of the project. 4. A statement of Overriding Considerations were not, made a condition of _was, __x_yas not. adopted for this project. 5. Hie Project went tlirough prior environmental review or was part of a larger project which went through prior cnviroranental review. ND 5 FC 2 NOTICE OF DETERMINATION (Continued) A copy of the is available 5or public review at the Planning Negative Declaration _jj EIR with supporting document - - ent. City Hal^V-"^ f 1200 Elm Avenue, Carlsbad, CA 92008. ^ff^^^^^'^^^-^ ( DATE: December 5, 1980 CASE NO: MP 149 (E) APPLICANT: La Costa Land Co. • .PiSming^ D City of Carlsbad ND 5 PC 2 ^SO.OO ENVI^MENTAL IMPACT ASSESSMENT^RM Receipt No. EIA NO.. Date: March 31, 1980 Name of Applicant: La Costa Land company Address: 7682 EI Camlno Real, Suite 210, Carlsbad. California 92QQ8 Permit Applied For: (Master Plan Amendment) \ Case Nos.: ' Location of Proposed Activity: The proposed Master Plan Amendment applies to 2,427 acres of land within the 5,300-acre Rancho La Costa community in the City of Carlsbad. The La Costa community is located 2.6 miles inland from the Pacific Ocean • at the easterly end of Batiquitos Lagoon and approximately 6.5 miles southeast from the commercial center of Carlsbad, BACKGROUND INFORMATION l.v Give a brief description of the proposed activity (attach any preliminary devel opment pl ans). The proposed activity consists of an amendment to the La Costa Master Plan, first adopted by the City Council in September 5, 1972, and subsequently amended on November 2, '1976. The purpose of. this master plan amendment is to comply with the Planned Community Zone Ordinance adopted in July 1976, thereby providing the basis for further decisions on future land use in the La Costa community. ' 2. Describe the activity area, including distinguishing natural and manmade characteristics; also provide precise slope analysis when appropriate, see Page la. 3. Describe energy conservation measures incorporated into the design and/or operation of the project. see page la. FORM 44^, Page 1 of 4 PLANNING -la- BACKGROUND INFORMATION 2. Describe the activity area, including distinguishing natural and manmade characteristics; also provide precise slope analysis when appropriate. The proposed Master Plan Amendment involves the three undeveloped neighbor- hoods of the Rancho La Costa community: La Costa Northwest, La Costa Southwest, and La Costa Southeast, The northwest neighborhood consists of a broad north- south trending valley with elevations ranging from 80 feet to 300 feet above Mean Sea Level (MSL), The terrain of the southwest neighborhood may be described as gently rolling, with elevations ranging from 80 to 200 feet. This neighborhood is bisected by a westerly trending drainage way which is an intermittent tributary of Encinitas Creek, Higher elevations, ranging from 200 to 600 feet MSL, and somewhat steeper slopes are evident in the southeast neighborhood area. A portion of the southeast neighborhood is adjacent to San Marcos Canyon, a steep walled rugged canyon through which flows San Marcos Creek. San Marcos Canyon is the most notable natural topographic and visual feature of the La Costa community. 3, Describe energy conservation measures incorporated into the design and/or operation of the project. Energy conservation measures were incorporated into the existing La Costa Master Plan at the time of its adoption and are reiterated in this proposed Master Plan Amendment, The following energy saving techniques will be utilized wherever possible in the La Costa Master Plan area: a. Architectural design which reduces window and door openings and takes advantage of winter sun and summer shade b. Insulation for all structures according to state standards c. Solar heating for both space and water heating d. Landscaping using deciduous trees (to shade in summer and allow sun- light in winter) and windbreaks. Vl . k t • .. • ( EN^ONMENTAL IMPACT ASSESSMENT Fd^ 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 vicinity of the activity? 2. Could the activity affect the use 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? ^ 5. Are any of the natural or man-made features in the activity x .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? . ^ ^* Could 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 on fish species? x_ 9. Could the activity significantly affect fish,,wildlife or plant life? ±_ 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 activiny change existing features of any of the City's bcacrss? x 13. Could the activity result in the erosion or elimination of .agricultural lands? . 14. Could the act-^'vity serve to encourage development of .presently undeveloped areas or intensify development of already developed areas? ' ^ FORM 44, Page 2 of 4 * 15.. Will- the activity ^uire a variance from establis^fe 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? " * x 17. Will the activity require issuance of a variance or conditional use pemiit 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 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 amounts of dust? 24. Will the activity involve the burning of brush, trees, or • ' •" other materials? • • 3^ 25. Could the activity result in a significant change in the ouality of any portion of the region's air or-water resources? (Should note surface, ground water, off-shore). ' ^ 26.. Will there be a significant change to existing land form? (a) indicate estimated grading to be done in cubic yards, N/A .(b) percentage of alteration to the present land form. N/A ^ (c) maximum height of cut or fill slopes. -N/A . ,27. Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? III. State of No Siem'ficant rr-vironmontal 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: See Pages 3a and 3b. FORM 44, Page 3 of 4 -3a- III. State Of No Significant Environmental Effects The Final Environmental Impact Report for the La Costa Master Plan and General Plan Amendment (EIR-307) was certified by the City Council in April 27, 1976, This document addressed the environmental impacts of the current La Costa Master Plan and specified mitigation measures which were incorporated into the adopted Master Plan and are included in the proposed Master Plan Amendment. The presently proposed La Costa Master Plan Amendment does not involve any significant land use changes from the existing Master Plan which could result in additional environmental impacts or which have not been addressed in subsequent environmental impact reports. Basically, the proposed amendment divides the un- developed neighborhoods of the existing La Costa Master Plan area into smaller units to facilitate phased construction and development without affecting the overall design or housing density of the neighborhood. The only potentially significant land use changes in the proposed amendment are the inclusion of waste- water reclamation facilities in the La Costa Southeast neighborhood, as indicated by the "U" (utilities) land use designation. The facilities include an approxi- mately 19-acre effluent storage reservoir for the San Marcos County Water District's (SMCWD) wastewater reclamation project and a 15-acre site for the Leucadia County Water District's wastewater treatment plant. Both of these projects have undergone intensive environmental investigation and review separate from EIR-307, The Environmental Impact Report for the SMCWD Wastewater Reclamation Project was certi- fied in January 1979, and mitigation measures identified in that report have been incorporated into the design of the reservoir. Similarly, the Leucadia County Water District Integrated Sewage Treatment and Reclamation Program Draft Environ- mental Impact Report was prepared. Additional environmental review for either of these wastewater reclamation projects is not warranted. The residential housing densities in each of the neighborhoods included in the proposed Master Plan Amendment are, with one minor exception, indentical to those approved in the existing Master Plan, The exception is found in the La Costa Northwest neighborhood where a small portion of.Section NW-1, immediately south of Carillo Way, is proposed for low-medium density development (RLM; four to ten dwelling units per acre) which was formerly approved for medium density residential development (RM; ten to 20 dwelling units per acre). Thus, a reduction in the number of housing units which could be constructed on that parcel of land is cur- rently proposed. The proposed Master Plan Amendment shows an increase in the amount of land de- voted to open space. This fact would tend to lessen the potential environmental impacts of the La Costa community. other minor land use changes contained in the proposed amendment involve the relocation of two proposed elementary school sites within the La Costa community, one in the northwest neighborhood and one in the southwest, and the omission of two five-acre commercial parcels. Neither of these changes represent a significant departure from the overall land use designations provided in the existing La Costa Master Plan, Section 15067 of the "California Environmental Quality Act of 1970," as amended, guidelines states that where an EIR has been prepared for a project, no additional EIR need be prepared unless: -3b- a. Subsequent changes are proposed in the project which will require major revisions of the EIR, due to the involvement of new environ- mental impacts not considered in a previous EIR on the project, b. Substantial changes occur with respect to the circumstances under which the project is undertaken, such as a substantial deterioration in the air quality where the project will be located, which will require major revisions in the EIR due to the involvement of new environmental impacts not covered in a previous EIR. c. New information of substantial importance to the project becomes available, None of these three conditions apply to the currently proposed Master Plan Amendment, As discussed previously, the land use designations of the pro- posed amendment are essentially identical to those contained in the adopted La Costa Master Plan, Adoption of the proposed Master Plan Amendment will not affect the overall design and character of the La Costa community. Site-specific environmental information will, of course, be provided as each of the planned neighborhood developments are proposed for actual construc- tion. The mitigation measures adopted with the certification of EIR-307 require that EIR supplements be submitted to the City of Carlsbad prior to the tentative map approval. As detailed in the certified EIR and included in both the existing La Costa Master Plan and the proposed Master Plan Amendment, these supplements shall contain the following: a. Detailed soil and geologic investigations b. Detailed archaeological investigations c. Detailed biological surveys d. Mitigation measures and alternatives for all areas which have signif- icant resources e. A discussion of impacts attributable to the individual developments which have not been adequately assessed in the Master Plan EIR. iV:' Comments or Elabora^^nf; to Any oi the Qurit\n(^ i ii i ution II. (If additional space is needed for answering any questions, attach additional sheets as may be needed.) Signature victoria L. Gallagher ] (Person completing report) Date Signed: March 31, 1980 . 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 Planning Director, or. Revised December 22, 197 8 FORiM PLANNING 44 Pacte 4 of 4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Saint Elizabeth Seton Catholic Church, 6628 Santa Isabel, Carlsbad, California, at 8:00 P.M. on Tuesday , September 16, 1980, to consider approval of an amendment to the La Costa Master Plan on property generally located between El Camino Real and the eastern city boundary and between Palomar Airport Road and Oliven-hain Road and more particularly described as: Fractional Section 23, being fractional Section 24, Section 25; portions of Section 26 and 35; Section 36, a portion of Lot A of Rancho Agua Hedionda, Map No. 823 on file in the office of the County Recorder of San Diego County, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or wish to review precise locations, please call the Planning Department at 438-5591. CASE FILE: MPA-149E APPLICANT: La Costa Land Company PUBLISH: August 30, 1980 CITY OF CARLSBAD PLANNING COMMISSION' 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, gs. 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, published twice weekly in the City of Cadsbad, 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 penod exceeding one year — ' -7 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 PUBWC " HEARING • £<M|uS SiEI^BY GIVEN that tlflfqWitiing C(Mm<|iMi(.ef the Ci|^Carliba<{wpmM«Public hdinng'at the CoUM^nfmbers. Cll|wfC8rliba4ii2a|nM CMWad, CalUbiraiC^^eF.M. on wikneirilay, dctblitiWlASa. to ' coMider approval of jin «.mend-ment to the La Costa Master Plan on property generally locatetf be- tween El C>n>ino Real ^qd the east-ern city'boundary and bMween. Palomar Airport Roi^ipnd Olivenhain Road and more particu-larly deacribcfl as: v^^i F'ractianal Section 23, fVMtlonal Section 24, Section 25; portions of Section 26 and 3S; Section 36, and a portion of Lot A of Rancho Agua ^ Hedionda, Map No. 823 on file in thedfllce of theCountyJRWorder of • San Dipgo County, .State of Calt- fornia. Those, persons wishing to'ipeak on this proposal are cordially in-vited to attend the pubHc'hearing. Ifyou have any questions or wish to; review precise locations, please call the Plamiing Department at 438-5691. - • r.,.n-i^... Case'Fit'e'^^CA'tt^E^^ ApplieanpUTolfirLAND COM-PANY . ' . CIT¥<W CXRtSBAD PLANNINGCOMMISSION CJ S994: October U. 1980 October 11 19 80 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 the 11th day of October 1 9R0 2M/5-79 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 prmcipa I clerk of the printer of the CaMsbad Joumal 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 PUBLIC HEARING- notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been NOTICE ISi^REBYGIVEN that published in each regular and entire issue of said c"!^oJc'l^is^'^S'^^^^^^^ newspaper and not in any supplement thereof on Eiiiabeth > the following dates, to-wit: Soton Catholic Church. 6628 Santa . ^ IsabiU. Carlsbad. California, at 8:00 p.m. on Tuesday. September 16, 1980, to consider approval of an o j- i_ r 00 amendment to the La Costa Master oeptemDerO inOU Plan on property generally located • • . . belMreen El Camino R€al and the eastern city boundary and between Palomar Airport Road and Oliven-hain Road and more particularly i Q described as: FViictional Section 23. being frac-tiona) Section 24. Section 2S: por-tiotii of Section 26 and 35: Section 36,n»t:portion of Lot A of Rancho i O Agua Hedionda. Map No. 823 on.rile I V . . . . in (hieioltlce ofthe County Recorder of San Diego County. State of Cali- fomia. ' IllQse persons wishing to speali. . » on this proposal are cordially in- I V . . . . vited to iittend the public hearing. Ifyou liave'any questions or wish to ' revietv precisgjuicatiojis, please call %e^,9KQHSng'^paftm'ent at , _ 43M^4?>-^ > 19.... iFile: MPA-149E _^,. 'Land Com-pany , CITY OF CARLSBAD PLANNINGCOMMISSION 4 GJ 8983: September 6.1980 . , ^g^jfy under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the bth . day of September 1980 2M/5-79 Clerk of the Printer iTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Conmission of the City of Carlsbad will hold a public hearing at the Council Chambers, City of Carlsbad, 1200 Elm Avenue, Carlsbad, Califomia, at 7:00 P.M. on Wednesday, October 22, 1980, to consider approval of an amendment to the La Gosta Master Plan on property generally located between El Camino Real and the eastem city boundary and between Paloaniar Airport Road and Olivenhain Road and more particularly described as: Fractional Section 23, fractional Section 24, Section 25; portions of Section 26 and 35; Section 36, and a portion of Lot A of Rancho Agua Hedionda, Map Nb. 823 on file in the office of the County Recorder of San Diego Coimty, State of Califomia. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or wish to review precise loc- ations, please call the Planning Department at 438-5591. CASE FIIE: MPA-149E APPLICANT: La Costa Land Connpany PUBLISH: October 11, 1980 CITY OF CARLSBAD PLANNING COyiMISSION i LlMtT OF kM&TCR FUN .cv\]'L. ::c ^^;aLe P.eccivcc API'LICATIO:: FOR U/jyVER PLAM M?-149(E) CITY OF CARLI:BAD {PLF.?-.i;r. TYPE OR PRINT) Date: 9fi2/By_ 1) PL.QUE.ST: /\ Master PJaii to de^'elop those PC-zoned areas in Nori-hv/esf, Southeast (A r :i. e '; 1 y E x [.> 1 a i n ) and Soui-'hwest La Cosra not already covered hy eliher an adopted Masfer plan, or approved Site plan. 2) LOCATION: The subject property is geriOrally located on the east of El Camlno Real north of Alga Way; between El Camino Real, Levante Street, Olivenham Road and eastward oF San Marcos Canyori and Rancho Sante Fe Road and the Carlsbad city limits. Page Parcel 4) 5) ASSESSOR'S NUMBER: Book See Master Plan Exhibit I, legal map. Book Paqe Parcel (If more, please review with Planning Department to determine if other method to determine exact location is acceptable. OVjNER(S) : Name Address City Zip Phone La Costa Land Company, Cosia del Mar Road, Carlsbad 92008 433 -9111 Rancho La Costa, Inc., Cosfa del Mar Road, Carlsbad 92003 438--9111 PERSON RESPONSIBLE FOR PRFJPAPATION OF PLAN: James L, Goff Costa del Mar Road, Carlsbad 92008 436--4252 Name Address City Up Phone * 6) REGISTRATION OF LICENSE NO: 7) APPLICANTS SIGNATURE: I hereby declare that all inf ormatLe^fT contained v/itTii'h thi.3 applicatioi is true, and'that all standard conditions as indicated on the attach- ment have been read, understccd and agreed to. James L. GO.T Costa del Mar Road, Carlsbad 920; 436-4252 :xjje Address Vice presidenr, planning & Research City Phono Jl^op^Gsenting (Company or Corpcration) La Costa Land Company (Relationship to Property .0'.\'ner (s) Agent The City of Carlsbad Planning Department would appreciate the oppo.rtunity to work v/ith the a£.)plicant throiigliout the Planning st.-iqej of; Lhe propcsed deve lo{jinent. .Tn an e.f:fort to aid the applicant, tho Planning Department requests that it be given an opportunity to evaluate and discuris th.e application and plan.s prior to .submittal. This request is not a requirement; however, it may avoid major re- drafting or revision of the plan which only servos to lengthen tho processing time. ATTACHMENTS: Supplemental InCormation Form - Planning 2_q Standard Condition.^ - Plannincj 27 Preparation Cli'eck Li.st - Planniag 31^ ProcodurorT - Planninq .'-)G Fop.t-: J'laniiLnq 1^ •- February 1, 1979 SPEC IPTC PLAN/r-;.ASTER PLZsI V^'ENTAT I VE SUBDIVIS TON WvP/3PCCIAL USE PERMIT/ PUD/ CC>i\'D0MINIUM PERMIT/Pi^ECISE DEVELOPMENT PL.AN/SII'J.-: DEVELOPMENT PLAN. 1) Gross A,cre.s (or square footage if lesr, thor. acre) 2) Number of K(>^^X)X Units 15,900 (approximately by year 2CC0) 3) Type of Developm.ent Residential/Commercial Residential, CoiTLmerciaJ., Industrial 4) Present Zone PC Proposed Zone PC (If change requested) 5) General Plan Land Use Designation RL, RLM, RM, RMH, C, N, QS, TS, O .6) Source of water supply Costa Real MWD/ Olivehain MWD, San Marcos CWP 7) Method of sewage disposal Son Marcos CWP, Leucadia CWD, Chy of Carlsbad 8) Types of Protective Covenants to be recorded See Section III.G. 9) Transportation modes available to service the development automobile. North County Metropolitan Transit Pistrict 10) School District (s) serving the property Encinitas USD, San Dieguito UHS^ San Marcos USD, Carlsbad USD 11) If your project is for or anticipates being for more than 50 res- idential units do you prefer to dedicate land pay fees , or a combination thereof X 12) Methods proposed to reduce sound levels See Chapter III, Exhibits 111-15 to lil-19 (inci.) 13) Methods proposed to conserve energy Higher density around community core, utilization of State requirements for fixtures and insulation^ stub-outs for solar conversion, si te planning tor solar access. .Additional sheets may be attached if necessary to answer any of the above questions. FORM PLANNING 20 - February 1, 197 9 / If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. 1 APPLICAI^T: AGENT: MEMBERS: 95-2574494 Incorporated LA COSTA LAND COMPANY, an Illinois corporation March 27, 1968 Mame (vRiwMkwel, mmiumce, corporatxon, %K Costa del Mar Road, Carlsbad, California 92008 Business Address (714) 438-9111 Telephone Nuinber James L. Goff, Vice President, Planning & Research Name La Costa Land Company Costa del Mar Road, Carlsbad, California 92008 Business Address (714) 438-9111 ext. 373 Telephone Ntimber Rancho La. Costa, Inc., a Nevada corporation wintiare, corporation, : Costa del Mar Road, EiiiadMa4M.on) Carlsbad, Home Address CA 92008 Business Address (714) 438-9111 Telephone Nuinber Telephone Number Name Home Address •"- Business Address Telephone Number Telephone Nuinber {Attach more sheets if necessary) I/V7e declare under penalty of perjury that the infonnation 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. LA COSTA LAND COMPANY, an Illinois corporation Applicant BY Senior Vice President If after the information "you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICANT: Trustees of the Central States, Southeast and Southwest Areas Pension Fund Name (individual, partnership, joint venture, corporation, syndication) c/o Victor Palmieri and Conpany Incorporated, 609 South Grand Avenue, 7th Fl. AGENT: MEMBERS; Business Address (213) 680-0820 Los Angeles, CA gOUTT Telephone Number La Costa Land Conpany Name Costa Del Mar Road, Carlsbad, CA 92008 Business Address (714) 438-9111 Telephone Nuinber Name (individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Nuinber Telephone Number Name Home Address •• Business Address Telephone Number Telephone Number (.A.ttach 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 upcn as being true and correct until amended. TRUSTEES OF THE CFMTRAT, STATES, SOUTHEAST At© SOUTHS-JEST AREAS PENSION FUND 43-/—G'.-«*e*---iP«-rtner- Binrke, as Vice President of Victor Palmieri and Gonpany Incorporated, acting pursuant to a resolution of said Trustees April 8, 1980 tRCQStR Mr. James Hagaman Planning Director CITY OF CARLSBAD Carlsbad, California 92008 Dear Jim: On behalf of the La Costa Land Company, I am hereby submitting the La Costa Master Plan Amendment prepared pursuant to the Carlsbad Planned Community Zone (P-C Zone). Under separate cover, data necessary to undertake the economic impact analysis required by the P-C Ordinance, is also being forwarded to your office. With this submission, I am again requesting that you proceed without delay in accordance wil-h the City Counci! Agenda Bill No. 6140, dated January 15, 1980, to retain appropriate planning consulting services to complete the review of this Master plan Amendment, i would appreciate your confirming in writing not only the receipt of this submission, but identification of any supplementary materials required to insure this submission is complete. In addition, I am also requesting that you provide your time schedule of review of this document, particu- larly the date your planning consultant will commence work, when that work will be completed and approximately when we can anticipate a public hearing before the Planning Commission. I am very appreciative of the assistance and guidance provided by the Planning staff in pre- paring this document. The resulting product, 1 believe, faithfully follows the organization and content recommended by your office, modified only as necessary to reflect unique con- ditions in the La Costa community. I look forward to continued close working relationships that will insure the expeditious processing of the La Costa Master Plan Amendment through to adoption. I am confident of the success of this endeavor knov/ing we both share the im- portance of sound and timely planning for the La Costa community which is so integral to the future of Carlsbad. Sincerely, LA COSTA LAND COMPANY -Planning & Research JG/eem Enclosure COSTA DEL MAR ROAD • CARLSBAD, CAUFORNIA 9200B • AREA CODE 7I-* • TELEPHONE 438-9111 Receipt Nc ^Pate Receiver APPLICATION FOR MASTER PLAN MP 149E CITY OF CARLSBAD (PLEASE TYPE OR PRINT) Date: 1) REQUEST: A Master Plan to develop the northwest, southeast and southwest portions (Briefly Explain) of the La Costa community, as set forth in attached Master Plan Amendment, April 1980, and shown on Map 4 - La Costa Master Plan Amendment, enclosed therein. 2) LOCATION: The subject property is generally located on the east side of El Camino Real, southward of Palomar Airport to the southern and eastern City Limits of Carlsbad, 3) ASSESSOR'S NUMBER: Book Page Parcel See Chapter I, D. of attached Master Plan Amendment for leaal description. . , , Book Page Parcel (If moreplease revxew with Planning Department to determine if other method to determine exact location is acceptable. 4) OWNER(S) : Name Address City Zip Phone La Costa Land Company Costa Del Mar Road Carlsbad, Ca. 92008 (714) 438-9111 Ext373 5) PERSON RESPONSIBLE FOR PREPARATION OF PLAN: Jim Goff Costa Del Mar Road Carlsbgd, Ca.92008 (714) 438-9111 Ext373 Name Address City Zip Phone 6) REGISTRATION OF LICENSE NO: 7) APPLICANTS SIGNATURE: I hereby declare that all information contained within this application is true, and^Rat all standard conditions as indicated on the attach- f, understood and agreed to. Costa Del Mar Road, Carlsbad, Ca. 92008 438-9111 Ext.373 Address City Zip Phone (Representing (Company or Corporation) Ld Costa Land Company (Relationship to Property Owner (s) Vice President for Planning & Research 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 re- drafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form - Planning 20i Standard Conditions - Planning 2_7 Preparation Check List - Planning 31^ Procedures - Planning 36 FORM: Planning 15 - February 1, 19 7 9 SUPPLEMENTAL INFORMATION FORM SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/ PUD/ CONDOMINIUM PERMIT/PRECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN. 1) Gross Acres (or square footage if less than acre) 2427+ 2) Number of Lots or Units General Plan maximum of 3) Type of Development Residential and Commercial Residential, Commercial, Industrial Based on Carlsbad General Plan 4) Present Zone p-C Planned Community Proposed Zone RE, R-l, R-2, RMH, C, OS (If change requested) 5) General Plan Land Use Designation Same as Carlsbad General Plan, RL, RLM, RM, RMH, C, TS, OS 6) Source of water supply See Chapter V, 3.a. of attached Master Plan Amendment 7) Method of sewage disposal See Chapter V, 3.a.,b.,c.,&d. of attached Master Plan Amendment 8) Types of Protective Covenants to be recorded See Chapter III, 7. a., b., c., and d., of attached Master Plan Amendment. 9) Transportation modes available to service the development See Chapter V, B. 1., 2., and 3., of attached Master Plan Amendment. 10) School District (s) serving the property See Chapter V. C, 1., and 2., of the attached Master Plan Amendment. 11) If your project is for or anticipates being for more than 50 res- idential units do you prefer to dedicate land pay fees ' , or a combination thereof x 12) Methods proposed to reduce sound levels See Chapter III. C. of attached Master plan Amendment. 13) Methods proposed to conserve energy See Chapter II, C, 3. of attached Master plan Amendment. Additional sheets may be attached if necessary to answer any of the above questions. Attached copy of the La Costa Master Plan Amendment, April 1980. FORM PLANNING 20 - February 1, 1979 CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 729-1181 RECEIVED FROM. ADDRESS ly y^A 4 -'A y. y''^ cy . 1 CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 729-1181 RECEIVED FROM ADDRESS /t^^ryy: ^.A y. A^ ' RECEIVED FROM ADDRESS .._:-^^y^yc^A' yf^- A/C. NO. DESCRIPTION AMOUNT i AAAf .<^yy yff^y)if^^^yf/'M^-'^^.-^ Ay piy^jK^A% A W > y^ TOTAL gyj^ April 8, 1980 LRCOStR Mr. James Hagaman planning Director CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, Co. 92008 Dear Jim: Transmitted herewith is our check for $2,727.00, in accordance with instructions from your office relative to the filing fee for our Master Plan Amendment. Also included is a check for $50.00 to accompany our Environmental Assessment application. Sincerely, LA COSTA LAND COMPANY Goff Vice President Planning & Research JG/eem Enclosures COSTA DEL MAR ROAD • CARLSBAD, CALIFORNIA 9200S • AREA COOE 714 • TELEPHONE -438 - 91II