Loading...
HomeMy WebLinkAboutZC 206; EIA 586 Zone Change; Zone Change (ZC)• INITIAL STUDY SUMMARY DATE: December 28 1 1979 TO: James Hagarr.an 1 Planning Director FROH: Brian Hilich 1 Assistant Planner }1j£v SUBJECT: EIA NO. 586; ZONE CI-l:l-1.NGE AND MASTER PLAN AHENDMENT CASE NO: ZC-206/MP-149(0) DISCUSSION The proposed project involves an application for both a Master Plan Amendment and Zone Chanqe for land located in the north- east La Costa area. Specifically, the applicant is requesting that an approximately 45 acre tract of land be removed from the La Costa Master planned area. The Master Plan currently designates this property for both high (20 du/ac) and medium- high (14 du/ac) density residential development. In addition, the applicant is requesting that this property and the area to the southwest (approximately 67 acres) be rezoned from P-C (Planned Communi-t:y) to RDH--Q (Resident.ial Der:.sity- Multiple Zone, with a qualified develo~m~nt overlay zone). If the property is removed from the Master PJ.an area and rezoned,.a Master Plan would no longer be required prior to developing the property. However, the proposed RDM-Q zoning would require a Site Development Plan and public hearing prior to any development of the site. This would be in addition to any discretionary approvals required as part of a tentative tract ma.p or Planned Unit Development. It appears that a major impetus in removing this area from the Master Plan is due to the fact that La Costa Master Plan has not been approved in its final form. Thus, without the need for Master Plan approval, development can proceed more expeditiously. ~he General Plan currently designates the property for both medium (4-10 dujac) and medium high density (10-20 du/ac) residential development. Any development under the RDM-Q zoning would be required to be consist~nt·with the General Plan land use designations. Based on a comparison between the allowable densities under both the Master Plan and General Plan, it is evident that for a portion of the property, the General Plan permits a density somewhat less than that pr~posed by the Master Plan. An environmental impact report, EIR-307, was certified for all of the property covered by the La Costa Master Plan. In addition, this EIR also covered portions of the subject property not covered by the Master Plan. The EIR required, as a mitigation measure, supplemental environmental review· prior to the processing of any.applications for development in this area. Since the proposed zone change and master plan amendment are entirely·ad~inistrative in nature, no significant environ- mental imracts are anticipated directly from the project. In addition, any potential indirect impacts from this project as a result of physical development of the site would be subject to an environmental impact assessment as each discretionary action (i.e. , . site development plan, t.entati ve map, PUD, etc) is processed by the City. At that time, · mitigation measures necessary to reduce potential negative impacts could be applied on a project-by-project basis. Recommendation It is recommended that a declaration of negative environmental impact be issued with regard to the project based on the following justification: Justification 1) The project is administrative in nature and would not directly result in any significant environ~ental impacts to any flora, fauna, or any unique or historical features. 2) Any future proposals for development on the property \'lOuld be subject to an environmental impact assessment as each discretionary action (i.e., site development plan, tentative map, PUD, etc) is processed by the City. 3) Mitigation measures necessary to mitigat~ potential impacts could be applied to future development of the site on a project-by-project basis. 4) The City's General Plan (which, based on this project, would guide future development of the subject property) designates the site for .residential densities equal to or less than densities proposed by the master plan. BM:ar 1200 ELM AVENUE ·CARLSBAD, CALIFORNIA 92008 NEGATIVE DEC! .. ARATION CHANGE OF -'ONE PRO.JEGr TITIE : ~.. TELEPHONE: (714) "129-1181 PROJECT LCCtiTION: West of Rancho Santa Fe Road, r.orth of La Costa Avenue and south of the future Alga .Road extension. PROJEC:f DESCRIPTION: The proposed project involves an application for both a Master Plan Amendment and Zone Change. Specifically, the applicant is requesting that an approxrmately ·45 acre tr.:;ct of land be removed from theTa Costa f.1aster plannec_a_r_e_a-.- ln ·addition, the applicant is requesting that this property and the area to the southwest-(approxiniately 67 acres) be rezoned from v=G"(Planned Community) to ___ _ RDM-Q (Residential Density Multiple Zone, with a qualified development overlay zone). AnEnvtronmental fmpactReport,_1TIK-307), vJas certified tor all of the property covered by the La Costa Master Plan. Since the proposed zone change and master plan amendment are enttrely administrative 1n nature, no---sT§nTITcant envtronfllentaTirripacrs--- ~--~nticl_!:ate~. directly from the project. PROJECT PROPONENT: LA COSTA LAND COMPANY LCG NO: 586 PEHl-ITT/Filli NO: ZC-206/MP-149 (D) The City of Carlsbad h8.s conducted ar.. environ ... 'Tffttal revie\v of the above described project purur;ant to the GuideLines fer Jmplerr:r:ntati.on of the California Environmental Quality .l .. .ct and the Environmental Protc~tion. O·..:dinance of the City of Carlsbad. As a result of said reviev1, a draft Nee;ative Declaration (Dec] a.c;ltion of Non-Significcnt ImpacL:) is hereby issued for the subject project. Justificatioi1 for this actior1 is on file in the Planning Department o • A copy of the Negative D2claration w.i.th supportive doc:t.IDit:>nts :is on file in th2 Plarming Dep<:Itrnent, City Hall, 1200 Elm Avenue, Ca:.clsbad, C'A. C.AXnr::.::nts frc-m th~~ public are · i.'1vited, Please submit conrrents in writing to the Plmming Carmission \dthin five (5) days of dar.e 0f publication JANUARY 9, 1980 DA1ED:. fz z, {?-7 f - NOTICE OF DECL.7\RA'I'ION NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS IIEREBY GIVEN that ·the City of Carlsbad has issued Negative Declarations for the following projects: LOG NO. 586: The proposed project 'involves an application for both a Master. Plan Amendment and Zone Change. Specifically, the applicant is reque~ting that an approximately 45 acre tract of land be removed from the La Costa Master planned area. In addition, the applicant is requesting that this property and the area to the southwest (approximately 67 acres) be rezoned from P-C (Planned Community) to RDM-Q (Residential Density Multiple Zone, with a qualified development overlay zone). ·An Environmental lmpi~t Report, (EIR-307), was certified for all of the property covered by the La Costa Master Plan. Since the proposed Zone Chang~ and Master Plan amendment are entirely admn~istraiive in nature, no significant environmental impacts are anticipated directly from the project. APPLICANT: CASE NO: LA COSTA LAND COMPANY ZC-206/MP-149(0) A copy of the subject Negative Declar?tions with supportive information is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad. Comments from the public are invited. Please submit comments in writing to the Planning Department within five (5) days from the date of this notice. · PUBLISH: JANUARY 9, 1980 STAFF REPORT DATE: TO: Planning Commission FROM: Planning Department SUBJECT: ZC-206/MP-149(D), CHANGE OF ZONE FROM P-C TO RDM-Q AND AMENDMENT OF THE LA COSTA MASTER PLAN DELETING THAT PORTION IN THE MEADOWBROOK AREA. Location and Description The subject property is 134 acres located in northeast La Costa. The property is west of Rancho Santa Fe Road and at the present easterly terminus of Alga. As indicated in Exhibit A dated October 2, 1979, there are five parcels of which parcel 2 through 5 are part of this application. Parcel 1 is Rancheros, which is not a part of this application. Parcels 2 and 3 are on a relatively high ridge sloping down- ward to valleys to the east and south. Development in much of this area require grading. Parcels 4 and 5 are in a relatively flat valley running generally north and south. The property within this requested Master Plan amendment is only a portion of the land within the zone change application. The Master Plan amendment is for the removal of Parcel 2 and a little over half of Parcel 3 from the La Costa Master Plan. This encompasses approximately 45 acres. See Exhibit A, dated October 2, 1979, of Master Plan 149(D). On this exhibit there is a 2* notation. It represen~s the area without a landuse designation. Although part of La Costa Land holdings, it is not part of the La Costa Master Plan. The remaining portion of the zone change is not in the Master Plan Amendment because it is not presently a part of the Master Plan. Land Use Subject Property: North: South: East: West: Vacant, except for one old barn. Vacant Vacant, SMCWD wastewater treatment facility Single family residential development in the County area and industrial park toward the southwest. Vacant, and single family and multiple family development along El Fuerte and Alga. Existing Zoning Subject Property: North: South: East: West: P-C P-C P-C and L-C County, Residential & San Marcos Industrial P-C, R-1, C-1 and RO-M History and Related Cases MP-149: Master Plan No. 149 was adopted and last amended on November 2, 1976, by City Council Ordinance No. 9469, (MP- 149(8). The master plan included only the northwesterly portion of the subject property. The land use on the present master plan is residential with a density of 14 and 20 du/ac. The remaining portion of the subject property were purchased by La Costa Land Company after the adoption of the initial master plan and therefore are not part of Master Plan 149. Master Plan 149 is considered lawfully non- conforming since it was adopted prior to the revision of the P-C zone. Since this is a lawfully existing non-conforming master plan the property may only be developed by one of the following: 1) By a Planned Unit Development. 2) Amend the Master Plan to bring it into conformance with todays requirements and include all of the property within the Master Plan boundary. Environmental Impact Information A declaration of negative environmental impact has been made for the project based on the justification that: 1) The project is administrative in nature and any future development of the property would be subjected to an additional environmental impact assessment. 2) An environmental Impact report has been certified for that portin of the property located within the master planned area, finding that any potential adverse impacts could be mitigated through the master plan and/or on a project by project basis. These same mitigation measures could still be applied to the subject property as development of the property is subjected to discretionary review by the City. 3) The City's General Plan designates that portion of the property covered by the master plan for residential densities equal to or less than densities proposed by the master plan. 4) The project would not have a significant impact on any flora or fauna, nor any unique or historical environmental features. 2 c 0 General Plan Information A. Land Use The general plan designates parcels 3, 4 and 5 as Medium Density Residential (4-10 du/ac). Parcel 2 is designated as Medium High Residential (10/20 du/ac). The density requirements of the RO-M Zone are those assigned by the General Plan. The General Plan also indicates an elementary school on Parcels 4 and 5. Although the site is indicated on Exhibit A of ZC-206, it is not proposed for open space zoning (as other school sites are) since the property is not yet owned by the district. The General Plan circulation element indicates the continuation of Alga Road as a major arterial through to Melrose, which is to be a prime arterial. Melrose will intersect Palomar Airport Road to the north and connect with Rancho Santa Fe Road to the south. B. Public Facilities Sewer: Sewer service is not available for this development as of the date of this report. However, sewer service may be available in the near future. Sewer will be provided by San Marcos County Water District. To provide this service, the district will reactivate their facility immediately south of the subject project, west of Rancho Santa Fe Road. The City Council has directed the processing of subject applications since sewer service has been guaranteed by San Marcos County Water District. See attached letter dated August 17, 1979, from San Marcos County Water District. Application for reactivation are presently being processed. The Planning Staff has by appropriate suggested conditions to this application insured that development may not occur unless the City Council finds that sewer service is in fact available to serve this property. Therefore the staff is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service. Schools: This area is served by the San Marcos Unified School District. This application is not a residential development as defined in the school facility require- ments of the Carlsbad Municipal Code. Therefore determination of dedication of site or fees is not needed at this time. Water: Water service will be provided by the San Marcos Water District, and the applicant is required to comply with their rules and regulations. Gas and Electric: Gas and electric service will be provided by SDG&E. 3 --------------------------------------·------------ c On-Site and Adjacent Public Improvements: Public imprments will be required per the City Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: Staff has determined that they are not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. However, the Planning Commission may, by inclusion of an appropriate condition require that the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development would pay its appropriate share of the public facility it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. In addition park-in-lie fees would be assessed at the time of building permit issuance. C. Other Elements of the General Plan The project is consistent with all other elements of the City•s General Plan. Major Planning Considerations 1) Removal of subject property from the PC Zone deletes the requirement for master planning. Should this area be master planned? 2) The La Costa Master Plan contains a portion of subject property. What effect will the removal of this property from the Master Plan have on La Costa? Discussion The major reason the request for rezoning and deletion from the Master Plan is that before the property can be developed the Master Plan must be updated. This may take a relatively long time. Since this area is served by San Marcos Sewer District (whereas most of La Costa is served by the Leucadia District), and the San Marcos District is pr~pared to provide sewer, the property could be developed soon if taken out of the P-C Zone and La Costa Master Plan. The issue to be decided is, is it beneficial to have the subject property included in a Master Plan, or is this property not an integral part of the La Costa Master Plan? The PC Zone requires a master plan prior to development (except PUD 1 S maybe approved). A master plan requires public facility planning such as major streets, parks, schools, fire station, libraries, etc. Planning of these public facilities involve determination of location, financing and timing of construction. The larger the area of a master planned community the more extensive the public facility planning. 4 The master plan also provides for special development program to encourage community identity within the City. This will provide diversification of housing types and neighborhoods. The master plan provides for a measure of growth control. Presently the potential for unrestrained growth in the La Costa area (except for sewer availability), is that the master plan is nonconforming and must be updated. Also, the updated master plan may contain growth restraints as conditions of approval. The City Council is presently discussing the benefits of growth control, but as yet no definitive position has been taken. The subject property is at the periphery of the La Costa area being at the northeast corner. Therefore there is limited continuity with the major areas of La Costa. In fact the adjacent properties are to be built out as estates (Rancheros) on property generally physically separated from most of La Costa. The only major public facilities to be built in the subject area are the extensions of Alga and Melrose Avenues and the expansion of Rancho Santa Fe Road and an elementary school The San Marcos Creek Park site is adjacent to the south of the subject projects. Most of the site to be rezoned is presently not in the La Costa Master Plan, but would be included if the application for rezoning was denied. The subject site is peripheral to the major facilities and center of the La Costa area. Removing it from the Master Plan would have little impact on the master plan. For this reason staff has recommended approval of the request, but there are also obvious reasons to retain the area in the P-C Zone. The General Plan and Master Plan indicates an Elementary School site on the south side of Alga Road. The rezone application includes this site. However, the amendment to the Master Plan does not request the deletion of the site. The school site is contiguous with the Rancheros area, which will remain in the P-C Zone. For consistency between the zoning and Master Plan the school site should remain in the P-C Zone (contiguous with Rancheros). The school site is part of parcel 3 and therefore would have to be resolved at time of submittal of the Site Development Plan. Recommendation I. ZC-206 It is recommended that ZC-206 be APPROVED, except that the area noted as school site on parcel 3 shall remain in the P-C Zone for the following findings and conditions: 5 c 1) The proposed project is consistent with the General Plan since the RD-M-Q density range is based on the current general plan land use designation. 2) The Qualify Overlay Zone requires a Site Development Plan approved by the Planning Commission appealable to the City Council. Conditions may be placed on the site development plan to meet requirements of the general plan or any other needs. 3) The site is physically suitable for the type of density of the development since the site is adequate in size and shape to accommodate residential development at the density allowed by the RD-M Zone. 4) The project is consistent with all City public facility policies and ordinances since: a) The San Marcos County Water District has assured the City that sewer service will be available after the reactivation of their facility immediately south of the subject project. b) The Planning Commission finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commission has, by inclusion of an appropriate condition to this application, insured that development will not be approved unless the City Engineer finds that sewer service is available to serve the project. Building cannot remain occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service fr this condominium permit and tentative map approval. c) School sites aquisition or fees will be determined at time of submittal of the required site development plan. d) Water service will be provided by the San Marcos County Water District, and the applicant is required to comply with their rules and regulations. e) Gas and Electric service will be provided by San Diego Gas and Electric. f) Park-in-lieu fees are required at time of develop- ment. g) All necessary public improvements have been either provided or will be required at time of development. 6 h) At this time, the City Council is not prepared to find that all other public facilities necessary to· serve project will be available concurrent with need. The Planning Commission has, by inclusion_ of an appropriate condition, required that the project contribute to the costs of· such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the City Council is satisfied that the requirements of the public facilities element of the general plan have been satisfied. 5) The proposed change of zone will not cause any substantial environmental impacts, and a declaration of negative ~ environmental impacts has been made finding that: a) The project is administrative in nature and any future development of the property would be subjected to an additional environmental impact assessment. b) An environmental impact report has been certified for that portion of the property located within the master planned area, finding that any potential adverse impacts could be mitigated through the master plan and/or on a project by project basis. These same mitigation measures could still be applied to the subject property as development of the property is subjected to discretionary review by the City. c) The City's General Plan designates that portion of the property covered by the master plan for residential densities equal to or less than densities proposed by the master plan. d) The project would not have a significant impact on any flora or fauna, nor any unique or historical environmental features. Con·di ti on s 1) This approval is granted for that portion of land described in the application, ZC-206, and further described on Exhibit A dated 10/2/79. 2) The property to be rezoned is as shown on the attached legal map. 3) The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications.at time of development. These fees shall be based on the fee schedule in effect at the time of building permit application. 7 c 4) This zone change is approved upon the express condition that building or grading permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. 5) Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. II. MP-149(0) It is recommended that MP-149(0) be APPROVED based on the following findings and conditions: Findings 1) This area need not be a part of a Master Plan Community because: a) It is at the periphery of the La Costa Community and the City boundaries and therefore not an area centrally important. b) The public facilities needed in this area will be required at time of development. 2) Removing this project from the La Costa Master Plan will not have a detrimental effect on that Master Plan because: a) The property is on the periphery of the La Costa Master Plan Community. b) The property is separated from most of the La Costa area by a canyon and open area of a future proposed estate development. 3) The proposed master plan will not cause any substantial environmental impacts, and a declaration of negative environmental impacts has been made finding that: a) The project is administrative in nature and any future development of the property would be sub- jected to an additional environmental impact assessment. b) An environmental impact report has been certified for that portion of the property located within the master planned area, finding that any potential 8 adverse impacts could be mitigated through the master plan and/or on a project by project basis. These same mitigation measures could still be applied to the subject property as development of the property is subjected to discretionary review by the City. c) The City's General Plan designates that portion of the property covered by the master plan for residential densities equal to or less than densities proposed by the master plan. d) The project would not have a significant impact on any flora or fauna, nor any unique or historical environmental features. 4) Sewer will be provided in this area by San Marcos County Water District. A letter has been submitted from the District assuring sewer availability. The City Engineer will not permit grading or building permits unless he determines sewer service is available. Conditions 1) The property to be deleted from the La Costa Master Plan is as shown on Exhibit "A 11 dated 10/2/79 for MP- 149(D). 2) The applicant shall submit reproducible copies of the amended Master Plan prior to acceptance of any requests for development. 3) This zone change is approved upon the express condition that building or grading permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such permits and will continue to be available until time of occupancy If the City Engineer determines that sewer facilities are not available, building permits will not be issued. ATTACHMENTS Location Map (MP-149(D) Legal Map (ZC-206) Exhibit A (MP-149(D) dated October 2, 1979 Exhibit A (ZC-206) dated October 2, 1979 Letter dated August 17, 79, San Marcos County Water District BP/ar 9 ... u ---·----\ '\ :.;:-, \ ' \,. '· ( \ \ \ \ \ ! ' I -I I 1 I I P-d t-·--------------:----l i ; CASE NO.,MP-149(0) Date Rec'd q/7/79 I I MP-14ct (D) ME'At:>OvJBROOK-LA CQslj DCC Date: lt/(R/79 PC Date 11114/79 Description of Request: DE=:! E E.. AP~~INA.I Fl ::i. .47 ...O.CBE!:J FFVJM -n-n::. NOKI f-\EA..:SI 'PoRnnN. nFJBE LA 1"'"/f.7TA. t:;jA"SI E5 DEVE! DPb1Ebtr: P~ AN Address or Location of Request: 11-lc E..,A6T SiOE.... rJF ·~1 i=UE.R IE 51., NDB! t\ :! ~lmi OF Al./a6 R06-D Applicant: I..A ~af5TA LA~D C:.Q. Engr. or Arch. 61Cb EW:a!NF.EBINI'::a CfJ, Brief Legal: 8., ~:Q())....\ QF nfX':(1QN<?? 19 ~ -;::.:y) IJF --rnW~H)P )? €::{)vn-\ ~ "Pvb..NC:!E.. ?J Wffil~ 5AN 13t;Bt:lADl NLJ MEf3\DlA.b\ ~ IN T}-\E.. ~rry' OF CA5).;2'BAp Assessor Book: C.2:3-Q\()-)()~ e2..2.-D)2.-Q4 1 ~ce-Ol2.-Q6 General Plan Land Use Description: Bt=1 .t BMH · Existing Zone: P(~ . . . .. Proposed Zone: ~o~·· Acres : 4{a 1 7Cl No. of Lots: ~ pus NLA DU/Acre N/A School District: ~AN l'---iABCI)S llNIEl~i2 water District: ~ tvt6~ c..w.o Sanitation District:~fSi ~ Coast Permit Area: NO I ', ---. \ I· 1 P-C • 0 • ~. l __ ----------D: ·. __ -",..~~ ~\ ... •:" -' . - _/ . \ \ . ; \ \ I \ '-_ __. ·-~~,..-·· ; ~-~1' ... i .- ZC-21Jb M'CADDWBFOOK-· LA COSTA BA~EO ON DATA COMP\LED FMM Ol='F\C..IAL l :500 CSCAl.E ZDNlN~ ~ 4 U·et:JU;, E.Xt-\lSt\ A, DATe.O ~17 e, l9"1CI CASE NO. ZG-21Jt..o Date Rec 'd:.___CJu/_7w/:.._7 ...... 9_.__ ___ DCC Date: 11/w/79 PC Date I \ 114/71 PRESIOENT OBY ULANCHARD VICe: PRESIDENT STANLEY A. MAHR DIRECTORS HARRY B. KEEBAIJGH MA!l<OARET E. FERGUSON LEO P.SMJTH Gfi:NEftAL MANAGER JAMES F. McKAY ATTOP'tNEY VERNON A. PELTZER <.... ' san marcos county \-Vater district PHONE (714) 744-0460 • 788 SAN MARCOS f.IUULEVARD • SAN MARCOS, CALIFORNIA 92069 August 17, 1979 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: !'1r. James Hagaman Director of Planning Gentlemen: Re: Sewer Service -La Costa Northeast RICK ENG. Date Received AUG 2 2 1979 The La Costa Land Company (Applicant) the fee owner of the land shown on Exhibit 11A11 marked Parcels 1, 2, 3, 4 & 5 has requested the San Marcos County Water District (District) to provide a sewer service availability letter for the referenced property. Subject property is located within the District and within the sewer service improvements as follows: A portion of Parcels 1, 2, 3 All of Parcels 4 & 5 To be eligible for sewer service, applicant will be required to meet the following conditions: 1. Complete the annexation to sewer Improvement Districts 1, 2 & 6 those portions of Parcels 1, 2 & 3 lying out- side of the improvement districts boundary. 2. Construct all on-site and off-site sewer facilities to connect the proposed project to District's facilities and dedicate the faciliites to the District in accord- ance with the District's Standard Rules and Regulations. 3. Pay all fees required by the District on demand by the District. WAl EF< ·--BASIC TO ... LIFE ... HEALTH ... ANO PROGRESS. san'Tnarcos county. wafer district City of Carlsbad -2-August 17, 1979 4. Perform the terms of the 11 Agreement for Design and Construction of the Reclamation Facilities Between La Costa Land Company and the San Marcos County Water District .. with effective date of March 19, 1979, (Reclamation Agreement), to provide the fac- ilities and capacity to handle sewage for this project. Subject to the foregoing conditions this District will provide the project up to and including 750 Dwelling Unit Equivalents (D.U.E.'s) (computed at the rate of 250 gallons per day per D.U.E.) as follows: Parcel 1 ( (JA~c.K £~' ) 92 D.U.E.'s Parcel 2(.r.\~A~""~ C."i.NTE"-J l 00 II Parcel 3(~ ~AOt>c.J 6Jtoo!'-} 220 II Parce 1 4 (·1"\I(..AQtw~wl\n"') 300 II Parcel 5 (.Sourll-1"\li.Aoew'-'llak.) 38 II Actual connections to the system will be scheduled and provided in accordance with the terms of the Reclamation Agreement. It is understood by Applicant that this letter is based upon exist- ing conditions and is issued for planning purposes and that the conditions precedent specified above must be satisfied before service will be provided. This commitment to provide service has been made by the Board of Directors and is subject to the Applicants• compliance with the applicable rules, regulations, ordinances, procedures and policies of the District, including those relating to fees and charges, the California Environmental Quality Act of 1970, as amended, the applicant's agreement to construct any on-site and off-site fac- ilities, together with the applicant's providing security as required by the District for such construction. This letter of availability pertains solely to the proposed project and is not transferable to any other project, is not transferable to any other parcel of land, and is not transferable to any other applicant. Any act in violation of this provision, whether or not WAH.P --AASIC TO ... LIFE •.. HEALTH ... ANO PROGRESS. ~ ,..,, san\..1arcos county w~r district City of Carlsbad -3-August 17, 1979 legally effective to accomplish a transfer, automatically renders this letter null and void. This letter is void and of no further force and effect on or after June 1, 1982. Sincerely, ~~??~ ~~~~-F. Me General Ma · er JFM/mds Encls. cc: La Costa Land Company Rick Engineering~ Vernon A. Peltzer File WATER-BASIC TO ... LIFE ... HEALTH .•. AND PROGRESS. Carlsbad Journal Decreed A legal Newspaper by the Superior Court of Son Diego County 3088 PIO PICO AVENUE e P.O. BOX 248 • CARLSBAD, CA 92008 e 729-2345 Proof of Publication R ~ c _..; -. FEB 13 1980 STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, CITY 0:= C/\RLSB/,1) Flanning Dcp3rtment I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year 2M/5-79 NOTICE OF PUBLIC HEARING zc.a . . ---""'--next preceding the date of publication of the =::;=:.~:..,Alp~ notice hereinafter referred to; and thatthe notice =Ja.aad-putkalariJ of which the annexed is a printed copy, has been . "Aportloaotllectioallt.»ud30or published in each regular and entire issue of said T-blp 12 Soutb, RaDII J Welt, SaD Dlepllerldlu,iatbeettrotcarbbed. newspaper and not in any supplement thereof on ;:uc:=,~o::,.es.• the following dates, to-wit: Applieellt: LA COSTA LAND COIIPANY ' CARLSBAD CITY COUNCIL .. f.~ l?:r\l?-.r:Y. . 9. . . . . . . . . . . . . . . . . . . 19 .. S.Q ................................. 19 .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 .... ~ . . . . ZC,-'CJ)b . ~. . ~K-LACOSIA e.oeeo ~ 0)1;1).. GCMf'U.a> Fi'IDI"I O'FF'IC.IAI.. 1:~ ~ CJ .5888: February 9, 188l / Clerk of the Prmter Carls ad Journal Decreed A Legal New spaper by the Superior Court of San Diego County 3088 PIO PI CO AVENUE e P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication R E CEI VED STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, \o \~~ l~q'G f;o. ~/ '1J JAN 1 0 1980 CITY OF CA RLSBAD Planning Department I am a citizen of the United States and a resident of the co unty aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year 2M /5-79 NOTICE OF DECLARATION NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTJCIJI HlADY OIVIN tllattlle City or Clrllbld lila lllllld Nlllllvt Dtelaratlona rorllltlbllowlll proJtdl: LOG NO. &II: Tilt propoatd projttt Involve• an applleallon lbr llatba Mu- ter Plan Amtndmentand Zotlt CIIIJIII. lpeclncaUy. the applloant It l'lflutll· Inc thatanapproxlmattly41 am 1r1e1 or land Ill removed from tilt La COlli Muter planned area. In addition, tile applleant lt requtttln,thatthlt prop. trty and the area IO the IOUihWIII (l p. proximately 8'1 aertl) bt retoned from P·C <Planned Communi!)') to RDII·Q (Realdenllal Dtntll)' Multiple Zone, with a quallned development owerla)' aone>. o\n lavlronmeattl llnpaet ftt. port. <EJIWO'I), w11 cenlned lbr 111 or the property eovertd b)' the La Cotlt · Muter Plan. llnee the propoatd Zoae Chlftll aad Miller Plan llllllldiiiDI are enllreb admlnlalrtllvt In nature, no •llnlneant envlronmenlll llftpaett are anllclpaltd dlrttlb ftoomlbt proj. Itt. Applicant: LA COlT A LAND COli .. ANY C... No: zc.ar•MII(D) A copy of tile tubjttt Nllltlwe Dttla· NIIODI with IUpportlvt Jllf'DI'IDitloD ll nallable tor public review at the Plan- nlnl Dtpertment, Cltr Hall, JJOO lim Avenue, Carlabacl. Commeatt ftoom tbe public IN Invited. PI-tublllll tom• meDII In wriiiiiiiO the l'llllnllll Dt· partmeat within nve IS> d..,. n-om t!ae • date or thla notice. CJ W413: January e. 1880 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: .... JAI.lYP..:r:Y . 9 ................... 19 .. ~Q ................................. 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 9th dayof~~~~~~~~L---~+---------- Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PI CO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intell igence of a general character, and which newspaper at all times herein mentioned had and still has a bona f ide subscription list of paying subscribers, and w hich 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 2M/5-79 NOTICE OF PUBLIC HEARING ZC.206 SOTICE IS HEREBY GIVEN that the Pl1nn1nC CommiiSIOD or the C11Y or Culsbad will bold a pubht helriJIIIt the C11J Council ehamben. lJIIO Elm Avenue. Carlsbad. Cllifomil. 11 7 00 P.M. on Wednesday. November 14th, 1!179, to tonsider a Zone Chance from Exiltllll PC Zone to the RD-11-Q zone on property p ner1lly lotated on the n at side or El Fuerte St .. north od south of Alp Road.eaattofuture llelroae Drive. tnuthtoflltureCoriDihiL fiiCI-par· tlt~&~rly clelulbed •: A portloa ttl Sediolllll. a ud 30 or Towulllp l21io416. ..... 'w-. San Benal rdiDO lleridiu. ia the CIIJ or C~rhbed.ICtOrdiiiCIOIIap No. 'IO'Non Rle t•llleOfllceoftbeColllllr Retont.r or San Dteco Coun!J. k Th-,.,_ dellrb4 10 1p11 on the propolllllft tordiiU, Invited to II· tend the publle hearlnc.lfJOu hlvt any quelllODI. pleue tall '7»1181 and 11k for the Pl1nnit11 DePirtment. Applitant: LA COSTA LAND CARLSBAD PLANNING COIOIISSJON r--r--~:-,-.,....-:-----::-:---:-:-:-..J-__ J \ ;,.. \ \ '\ I \( •.'i \\ I' -:'\~! I t II II II •I I I • "-\ . ··~-... /·_\ n _.>'~\ ~ -~~~ ZL-ZDb ~ ~-LA~ ~ _, Otl ~ """"I.I!D I"NM ()A"IGIAL. 1:~ ~ --.v. ...,., 4 u.·~. ~ ..... ~. ~ z.. !'!!"_ CJ S~78: November 3. 19'19 next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a print~d 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: . . .N.oY~lfl.~~r:. 3. . . . . . . . . . . . . . . . . . . 19 .. 7.9 ................................. 19 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carl$bad, ~unty of San Diego, State of California on l:he rd day of N 0v ember 1979 (-)-~.a~-. <... _.} &/4 C:oTICE OF PUBLIC HEARING ZC-206 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, November 14th, 1979, to consider a Zone Change. from Existing PC Zone to the RD-M-Q zone on property generally located on the east side of El Fuerte St., north and south of Alga Road, east to future Melrose Drive, south to future Carinthia, and more particularly described as: A portion of Sections 19, 29 and 30 of Township 12 South, RAnge 3 West, San Bernardino Meridian, in the City of Carlsbad, according to Map No. 7076 on file in the Office of the County Recorder of San Diego County. Those persons desiring to speak on the proposal are cordially invited to attend the public hearing. If you have any questions, please call 729-1181 and ask for the Planning Department. APPLICANT: PUBLISH: La Costa Land November 3, 1979 CARLSBAD PLANNING COMMISSION .· I ' ' i .. ! P-Q ,, \ L._ ---·· . ---·-... --· ..... ---·-----··-- •· .. , .. ,. ; i . -. ::... -· ZC-2.0b . . . .. M~OK-·LACOS1A. . SA'OEO 0~ DATA. COMP\LE.D FPIOM C>t='FlGtAL ) : 5a1 ~ _,......_,,.._, ,_ ""'-"' A"r'OO A _, _ -::>"'1-c::va..ltt:l.t.,.-A. f""'>ATJ::.,-, ,..,-r-~ lQIQ [_ ______ _ I. I ! P-C ' \ . I -____________ \ '. :;.. \ I ·, \.. \ \ \ ' \· \ \ \ \ I I ---·-· ------·----'-I .: I I I. I I -1 r I I I I I \ \ ' .\...-- .. l --- [J .,. . ..;~· . - _.•;"'.- __ ,- ' . . ' I _ __, < -... ZC-Z.Ob tv'\~DK-·LACOSTA BA'OED ON D.AJ"A COM'P\LED F'~M C>A==l GlAL l : 500 ex::A1.,E. ZONlr46t lVIAP 4 ZG·ZCJI.t;, E.Xt-\lBt\ A, DATE.O OGT: e, 19"19 CASE NO. ZG-2.0{p Date Rec • d;___CJ..u/~7-L..L-./_,7~....9...._ ___ DCC Date: 11/(.o /79 PC Date 1\ /14/79 .. JOB NO. 6g87 RICIIC.£NGINEERING COMPANY I ~-~~~Lc~~~~~rtEN,l~ 3088 PJO PICO DR. • SUITE ?02 • CARLSBAD, CA 92008 TELEPHONE • AREA CODE 714 • 729-4987 LEGAL DESCRIPTION FOR: BY DC ZONE CHANGE CHK'D. ---·-. ·---·-·---·-.. DATE SHEET g/6/7g 1 OF 2. A parcel of land being a portion of Sections 1g, 2g, and 30 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of carlsbad, County of San Diego, State of California described as follows: BEGINNING at the Northeasterly corner of La Costa Meadows Unit No.3, accord- ing to Map thereof No.7076 on file in the Office of the County Recorders of said County and State; thence South ago 46' 50" East, along the Northerly line of the South Half of the Southwest Quarter of said Section 1g for 1248.83 feet to the Northwest corner of the South Half of the Southeast I Quarter of said Section lg; thence South ago 46' 10" East, along the Northerl' line of the South Half of the Southeast Quarter of said Section 1g for 1064.gg feet to a point on the Westerly Right of Way line of proposed Melrose Avenue; thence along said Westerly Right of Way line the following courses: South 17° 50' 30'' East, 868.85 feet to the beginning of a tangent 3263.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 17° 35' 14", a distance of 1001.5g feet; thence tangent to said curve South 35° 25' 44" East, 1453.13 feet; thence leaving said Westerly Right of Way line South 66° 54' 00" West, 965.51 feet; thence North 23° 06' 00" West, 660.00 feet; thence North 77° 00' 00" West, 2go.oo feet; thence North 28° 00' 00" West, 1605.g7 feet; thence South 78° og• 30" West, 300.10 feet; thence North 11° 50' 30" West, 34g.oo feet to a point on the Southerly Right of Way line of proposed Alga Road; thence along said Southerly Right of Way line the following courses: South 78° og• 30" West for 350.00 feet to the beginning of a tangent 1g4g.oo foot radius curve concave Southerly; thence Southwesterly along the arc of said curve through a central angle of 06° 00' 00" a distance of 204.10 feet thence tangent to said curve South 72° og• 30" West, 25g.ss feet; thence leaving said Southerly Right of Way line South 17° 50' 30" East, 450.33 feet; thence South 52° 42 1 00" West, 533.02 feet; thence North ago 42' 58" West, a distance of 351.51 feet to a point on the arc of a 1542.00 foot radius curve concave Southwesterly, a radial line to said point bears South ago 42' 58'' East, said point also being on the easterly boundary of La Costa Meadows Unit No.2, according to Map thereof No.6go5 on file in the Office of the County Recorder of said County and State; thence Northerly along the arc of said 1542.00 foot radius curve through a central angle of 18° 07' 32" a distance of 487.81 feet; thence tangent to said curve North 17° 50' 30" West, along said Easterly boundary of La Costa Meadows Unit No.2 a distance of go.82 feet to the Southeast corner of said Map No.7076; thence leavinq said Map No.6go5 and alonq the Easterly boundary of said Map No.7076 the followinq courses: North 17° 50' 30" West, 145.41 feet to the beginninq of a tangent 1042.00 foot radius curve concave Southwesterly; thence North westerly along the arc of said curve through a central angle of 12° 07' 30" a distance of 220.51 feet to a point of reverse curvature, of a 20.00 foot radius curve concave Northeasterly, aradialline to said point bears North 60° 02' 00" East; thence Northeasterly along the arc of said curve throuqh a central anqle of 77° 32' 3g" a distance of 27.07 feet to a point of reverse curvature of a 330.00 foot radius curve concave Northwesterly, a radial line to said point bears North 42° 25' 21" West; thence Northeasterly along the arc of said curve through a central angle of 2g" 22' 3g" a distance of l6g.2o feet; thence tangent to said curve North 18° 12' 00" East, a distance of 68g.32 feet to the beginning of a tangent 630.00 foot radius curve concave TITLE CO. REFERENCE COMPANY ORDER NO. I DATE DESCRIPTION REVISIONS BY I DATE I FORM 468 DAWCO PRESS ''''"\ RICCENGINEERING COMPANY I ~~~~1Lc~~~~~Y'::~ 3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008 TELEPHONE • AREA CODE 714 • 729-4987 JOB NO. LEGAL DESCRIPTION FOR: BY DC 6987 CHK'D. DATE SHEET 9/6/79 2 OF 2 Westerly; thence Northeasterly along the arc of said curve through a cental angle of 13° 44 1 44" a distance of 151.14 feet to the POINT OF BEGINNING. Said parcel of land containing 128.353 acres more or less. TITLE CO. REFERENCE COMPANY ORDER NO. DESCRIPTION BY REVISIONS I DATE DATE: January 30, 1980 TO: Frank Aleshire, City Manager FROM: Bud Plender, Principal Planner RE: ZC-206, Ref: AB 6094 The subject tract map has been continued to the February 5, 1980, meeting because the Planning Commission has not yet forwarded their resolution on this matter. The Planning Commission is holding approve:! pending the applicant entering into a secured agreement guaranteeing public facility fees. In addition staff wishes to prEpare further report on this ma~ter pertaining to school and park site issues. It is not possible to determine at this time when the applicant will enter into the secured agreement or if the City Council wishes to modify the process. Therefore staff: RECOMI-1ENDS that ZC-206 , be CONTINUED to an uncertain date and that the item be renotic0d when such new hearing date 1s determined. BP:ar Council Action: ---------- 2-5-80 Counci 1 withdrew the item from the agenda and directed it be renoticed at appropriate time. HEMORA.NDUM DATE: February 8, 1980 TO~ Frank Aleshire, City Mananger FRru~: ~ames Hagaman, Planning Director SUB.JECT: Zone Change and Haster Plan Amendment (ZC-206/MP-149(D), La Costa Land Company REF: Agenda Bill Nos: 6094 and 6095 These applications are for property in the northeast La Costa area, which is served by the fan Marcos County Water District for both water and sewer sGrvice. San Marcos County Water District provided a letter dated August 17, 1979, indicating sewer service will be available with the reactivation of the existing sewer plant. The Planning Commission processed the application in the anticipation th~t all permits, including the applications for a change of zone and precise development plan for the sewer plant expans~on would be approved. However the applications have been continued by the City Council pending approval of the sewage treatment plant. These applications for the sewer plant (PDP-3 & ZC-207) were approved by the City Counc:Ll on February 5, 1980. The City Council can now make a finding that sewer service is available for the subject applications and process the subject applications. The City Council also continued these cases pending disposition of the public facility fee agreement process. The City Council directed modification of the process, which appears to be to the applicant's satisfaction. It is anticipated that the agreement will be entered into prior to the hearing. During the previous discussions on continuing these applications staff noted that further reView of th~ school and park sites in the area would be necessary. A 15+ elementary school site in the San Marcos District and a 14.7 acre city park are indicated on both the ~eneral Flan and the La Costa Master Plan. The school is located at the future southwest corner of Alga and Melrose, the park site is to be west of Rancho Santa Fe Road adjacent to the San Marcos County Water District Treatment Plant. Both of these sites were established based on needs for the entire La Costa master planned area .. The removal of the subject property from the P-C zone and Master Plan does not reduce the needs for the sites. The applicant Memorandum Frank Aleshire, City Manager February 8, 1980 Page 2 recognizes this and has indicated they will cooperate in their ~:uture dedication and development.. The only question is how to accomplish this. The park site is incorporated in the Parks Agreement between the City of Carlsbad and the La Costa Land Company. This park will be dedicated with the first final subdivision in the area as delineated in the agreement. The City is presently processing the Rancheros tentative subdivision which will require this dedication. There is no agreements however for school site dedication. The present agreement the City has with the San Harcos School District as per SB 201 State legislation, is to pro- vide fees for temporary facilities. There are no provisions at this time to provide land in lieu of fees. The school district has indicated a need for the site and the Public Facilities Element requires guarantee of public facilities prior to approval. The Planning Co1rrmission has recommended that the school site be retained in the P-C zone, so that its disposition vlill remain in the r.l[aster Plan process.· Also the Q Overlay on the property to be rezoned will require future site plan approval. At that time the school site could be resolved. Hmvever, the issue of the school site should also be considered at this time since a Change of Zone and Master Plan applications are development permits. This is especially true in this case since the school site is sho~m on the La Costa Master Plan. If the City Council wishes to assist the San Marcos School District in acquiring the school site with the subject application, staff suggest the following condition be added to ZC-206 and MP-149(D). 11 The applicant shall enter into an acceptable agreement \'lith the San Marcos Unified School District to ensure that·necessary school sites will be provided. Said agreement shall be subject to the approval of the City Council prior to the issuance of the site development plan for the project area." Staff has assumed that the City Council wishes to provide for school site, if not staff should be so advised. BP:ar ~/13/80' ! ' J r ~ ( I l I I l I j I I f HEMORANDUM DATE: January 30, 1980 TO: Frank Aleshire, City Manager FROM: _({! Bud Plender, Principal Planner RE: ZC-206, ~Ref: AB 6094 The subject tract map has been continued to the February 5, 1980, meeting because the Planning Commission has not yet fo~1arded their resolution,on this matter. The Planning Commission is holding approval pending the applicant entering into a secured agreement guaranteeing public facility fees. In addition staff wishes to prepare further report on this matter pertaining to school and park site issues. It is not possible to determine at this time when the applicant will enter into the secured agreement or if the City Council wishes to modify the process. Therefore staff: RECOHMENDS that ZC-206 , be CONTINUED to an uncertain date and that the item be renoticed when such new hearing date is determined. BP:ar c MEMORANDUM DATE: January 24, 1980 TO: James Hagaman, Planning Director FROM:~ Bud Plender, Principal Planner SUBJECT: SEWER SERVICE, SAN MARCOS COUNTY WATER DISTRICT REFERENCE~ ZC-206/MP-149(D) The City accepted the above applications based on a letter of sewer availability from the San Marcos County Water District dated August 17, 1979. You may recall much of the acceptance was done by the City Manager. After Planning was directed to process the applications, we accepted the letter at face value and started the hearings. The letter notes that in some areas San Marcos County Water District allocates sewer to areas that need to be annexed to the District. The applications are now pending City Council hearing, waiting for a secured agreement on public facilities. Subsequently the City Council processed the San Marcos County Water District expanded treatment plant (PDP-3). After concluding their hearing, the City Council asked fo; information on growth inducing impacts. To answer this I drafted a sewer service map to find out what land will be serviced. In my research I found that the areas noted in the August 17th letter that will be annexed are not yet annexed. In fact application has not been made. Sharon Blanding, of Rick Engineering, indicated that this should not be a problem and they plan to make request for annexation after the approval of tentative maps. She suggests conditioning the tentative on this annexation. I don't think the Planning Moratorium will permit processing applications until the areas are within the San Marcos County Water District service area. In fact I question how we even accepted the Change of Zone and Master Plan applications. Maybe I'& wrong o~ ~y concern, since I assume the City Manager and City Attorney were aware of the need of annexation when t~ey discus~ed this matter. Would you review this matter again with the City Manager and City Attorney. I need direction before we can proceed with ZC-206 or accept the pending tentative map applications. BP:ar 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 c November 9, 1979 (tCitp of (t(:arlsbab TELEPHONE: (714) 438·5621 Dr. Ralph Kellogg, Superintendent SAN MARCOS UNIFIED SCHOOL DISTRICT 270 West San Marcos Boulevard San Marcos, California 92069 SUBJECT: CHANGE OF ZONE, MEADOWBROOK AREA CASE NO: ZC-206/MP-149(D) Dear Dr. Kellogg: The City of Carlsbad·is processing a Change of Zone from the P-C Zone to the RD-M-Q Zone and a Master Plan Amendment to remove a portion of the Meadowbrook area from the La Costa Master Plan. This area contains a proposed elementary school site. ···· As per the City Ordinance on dedication of land and fees for school facilities, the applications are not considered residential developments since the possible density is not being modified. Therefore your findings for school site or fees is not necessary with those applications. If you do not agree with this finding please let me know. Staff is recommending to the City Council that the zoning of the school site itself not be changed and remain in the P-C Zone. We anticipate that the applicant will be requesting development permits relatively soon on this property. Therefore, you should be considering if you need the site or fees. If the site is desirable for a school you may wish to make contact with La Costa Land Company. The Planning Commission will hear the applications on November 14, 1979, I anticipate that the City Council will hear it on December 4, 1979. If you have any further questions on this matter please contact me. Sincerely, td~ BUD PLENDER Assistant Planning Director BP:ar cc: Dave Larson • -----" LRCDStA EXECUTIVE OI"I"ICES Mr. J. Wayne Demetz City Manager CITY OF CARLSBAD Carlsbad, Ca. 92008 November 5, 1979 Subject: Attached Memorandum Regarding the Northeast La Costa area Project Dear Wayne: On this date, November 5, 1979, at noon, the attached memorandum was delivered to me. For yaur information, Mr. Burton L. Kramer is a senior vice president of the La Costa Land Company and I presume signed the applications for the Master Plan Amendments and Zone Change for Meadowlark. I suppose this is the reason that Mr. Bud Plender communicated with Mr. Kramer rather than Jim Goff or myself. I presume that this matter has been reviewed with you and you are aware of the situation. I, of course, believe and always have believed that the wording of the existing ordinance would allow the City to review and process this application. Apparently the former City Manager originally also thought so. I point out that had we been given more than 48 hours of notice concerning the delay . outlined in the attached memorandum, we almost undoubtedly could have obtained an · unconditional sewer letter from the San J.Aarcos County Water District, since they · are making commitments to other developers in other parts of the District~ It is difficult to do business when the ground rules continually change. FJM/eem Encl. Sincerely, L?f:OSTArND COMPANY Fred'i:4rey Vice President-Governmental Relations cc: Messrs. Roen, Roston, Zenoff, Kramer COSTA DEL MAR ROAO • CARLSBAD, CALIFORNIA 92008 • AREA CODE 714 • TELEPHONE 438•8111 WRITECT ... DON'T SA~ IT na~ __ l_l-_5_-_7_9 ______ _ Irv Roston TO---------------------------------------------Reply wanted------ ;.. Burton L. Kramer LRCDS~ FMm------------------------------------No reply necessary __ _ URGENf Bud Plender just called me about the Master Plan Amendment and Zone Change for Meadowlark. As you remember, on October 16, I received a letter from the City of Carlsbad which stated that the item had been placed on the November 14, 1979, Planning Commission agenda and the staff meeting (DCC) would be held on November 6, 1979, starting at 9 a.m. A copy of the letter from Plender went to both Fred Morey and Don Woodward. You asked me if the subject was Meadowlark, and I told you "yes." Plender called today to advise me that although the staff had finished their work on the Master Plan and Zone Change, the Planning Director had decided that the item was .. not ready .. to be.sent to the Planning Commission. The Planning Director's reasoning is that the amending of the ordinance to allow acceptance of conditional sewer letters would not take place until 30 days from tomorrow. I suggested to Bud that as long as conditions are always attached ·to applications, why couldn't a condition of the acceptance by the Planning Commission be that the acceptance would not take place until one day after the condition took effect, which would be December 6, 1979. Plender said that that was his position with the Planning Director, but the Planning Director felt that "he legally could not make that finding." Your schedule now is a DCC meeting on the 4th of December, and a meeting before the Planning Commission on the 12th of December 1979. I have sent a copy of this memo down to Fred Morey's office by messenger. BLK:my ff ,C: Fred Morey P"RSIIi)S .. T OilY BLANCHARD VICC PII&StO&NT STANLEY A. MAHrt OIIII&CTOIIS HARRY a. KEEBAUGH MARGARET E. FERGU$0N LI:O P'. SMITH G llH&IIAt.. MA>tAG&A JAMKS F'. M"KAY ATTOIINIIV VERNON A. PELTZER . "'"""' san marcos county water district PHONE (714) 744-0460 • 7&8 SAN MARCOS BOULEVARD • SAN MARCOS. CALIFORNIA 92069 August 17, 1979 City of Carlsbad 1200 Elm Avenue ;·' . {· Carlsbad, California 92008 Attention: ~tr. James Hagaman Director of Planning ., Gentlemen: Re: Sewer Service -La Costa Northeast The La Costa Land Company (Applicant) the fee m-mer of the land shown on Exhibit 11A11 marked Parcels 1, 2, 3, 4 & 5 has requested the San Marcos County Water District (District) to provide a se\'ler service availability letter for the referenced property. Subject property is located within the District and within the se\oJer service improvements as follows: A portion of Parcels 1, 2, 3 All of Parcels 4 & 5 To be eligible for sewer service, applicant will be required to meet the following conditions: .1. Camp l ete the annexation to se\oJer Improvement Districts 1, 2 & 6 those portions of Parcels 1, 2 & 3 lying out- side of the improvement districts boundary. . . 2. Construct all on-site and off-site sewer facilities to connect the proposed project to District's facilities and dedicate the faciliites to the District in accord- ance \tith the District's St.andard Rules and Regulations. 3. Pay all fees required by· the District on demand by the District. sa~ Cnarcos county wOer district . .:·' City of Carlsbad -2-August 17; 1979 , .... _ 4. Perform the terms of the "Agreement for Design and Construction of the Reclamation Facilities Beb1een La Costa land Company and the San Marcos County · Hater District" with effective date of l.Jarch 19~ 1979, (Reclamation Agreement), to-provide the fac- ilities and capacity to handle sewage for this project. . . Subject to the foregoing conditions this District will provide the project up to and including.750 Odelling Unit Equivalents (D.U.E.'s) (computed at the rate of 250 gallons·per day per. D. U.E.) as follm'ls: · Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 92 D.U.E. 's 100 II 220. II 300 II 38 II Actual connections to the system will be scheduled and provided in accordance··\'lith the terms of the Reclamation Agreement. It is understood by Applicant that this letter is based upon exist- ing conditions and is issued for planning purposes and that the conditions precedent specified above must be satisfied before service will be provided. This commitment to provide service has been made by the Board of · Directors and is subject to the Applicants• .compliance with the applicable rules, regulations, ordinances, procedures and policies of the District, including those relating to fees and charges, the California Environmental Quality Act of 1970, as amended, the applicant 1 s agreement to construct any on-site and off-site fac- ilities, together \\lith the applicant's providing security as required by the District for such construction. • This letter of availability pertains solely to the proposed project and is not transferable to any other project, is not transferable to any other parcel of land, and.is not transferable to any other applicant. Any act in violation of this provision, wh~ther or not san ~arcos county wa?er district City of Carlsbad -3-August 17 ~ 1979 :·'"... legally effective to accomplish a transfer, automatically renders this letter null and void. This letter is void and of no further force and effect on or after June 1~ 1982. · Sincerely~ ~~~-~~~-f· He ' · General Ma er JFM/mds Encls. cc: La Costa Land Company Rick Engineering Vernon A. Peltzer File · 1200' ELM AVENUE CARLSBAD, CALIFORNIA 92008 October 16, 1979 Burton Kramer Vice-President La Costa Land Company Costa Del Mar Road Carlsbad, CA 92008 SUBJECT: ZC-206/MP-149(D) TELEPHONE: (714) 438-5621 The subject applications have been determined to be complete by the Planning Department. The items have been placed on the November 14, 1979 Planning Commission agenda and a staff meeting {DCC) will be held on November 6, 1979, starting at 9:00 A.M., to discuss the staff recommendation. I suggest you attend this staff review as well as the Planning Commission meeting. If for any reasons these dates are modified you will be notified. BUD PLENDER Assistant Planning Director cc~ Fred Morey Don Woodward BP:ar i I ' ~·· .,; ' : I .. I ~-I i ~ ... "t, ,., '>,t I I ;,~ 1i I I I ., :;'c ~t"~ ·' ~-.~~·:~~ i-tA co$1-'A LA.~n: ~ · :: 14_ J. h.-~,;e:lol,ica..q_, , ; ' ~,f!;f~~£tlfo£t\' -. J6S5 I"ow.-th Avel\lj•~ JJJIOI£ Clllllltv.caw, ';,.: ~-:'l;~u\ ~,!;~, Califo~i:iia 92lU:J ~· · ··~;C~.i;UCOIIIU . -- .J ('>. 1_, __ _,.,.._,..,.._...,. ______ .lii;l.;;,._ -· AIICi"fll' ~ UNir Olrlt·· IIH ---- "· ".·~~,~~ ~ f 4,'. !..A 00$1\t,:;~ C<)u~ -. a~ L .. :.'ti&m.Jr , ~·-t., .,::,),t:a <iel ~~ta1· Road· "'"ncho ·x.a .. Co~u; Cal. • • .J ' noo,·J " _j ·• u" '"<'t~pot,-a~ea' A~:.:: ... ·------------------------. Corporation ·Gra~t Def:d ~,.,.,x_··~~-~ Ut .• AIKl'lf. ,.._ ·.,~ ,.vftt.u...,cO •-~ .'nTi.c .t.AAINCE ~ ;~u~-~ ...... . -:.• fOil .4 VALU!\BU: (.0:\Sit>UB'tlOI\, .....,;pc ol whido '"""""'r od<"''"l~. f.z.IJiET, t hiorclio. . C<)rpor~t.ion: LOI"l'Y, lllC., a N<!'Vada corporation; .. ~vJ:.·_''ril,a ¢o~_-l'' ation ... ' .. _ ........... tj,. .... ,.,tu,.,....., .. , ... .....,~;pmt.;···. ' . .... , . ~ C~.TA :~ ,CQ'!PA7iY, an Illinois corpotation ~::, . . ~ .. !loo fol~ .....,.iDN·,..! pt.,.rty "' 1"- (..-y ~\' ·San' D{e<K' ., •'. Parcell!.l 'tl\rough H inclusi'le, · 1\i. more pai:d:C:ularly ·· descri~ in Exhibil A atta.cheCI· hereto:>. :cbmprisfng 9 pages. \ hdurf'" me>. th.-'JtHirr· K' le aP<i (m •••4 ..... .,tf', \'f"l..,.ft.I!.HJ II.PJM'•irt<i _ --, kM•,.. I l ' I I 1'" Ill<",., br tlw __ ~--·---·· _________ I'N'l>i1!Wnt. •11d -----.. ~------····-------..•• ___ -~ lr.ftown tU' llfl~' ,,, ~ ~H~~Jt 'J;.:.;~ k-,.=~=~-! ~ f, .-::~-::: :::::::1 :t: w1tl·tl'l l~t~tr'MJ~r'"AI 1.41 hc:half Iff dw Cm-pw thlln'in Mt!t<!!d. an6. ..-LH<,.~-..1..-d *'' ift«' that t<uda c...,JIO"•Iian ~x·. dw wnl1111 ln~tm tt.w,., "''''"~ '"' 11" hv-1••., a r->lulil>R ••f "-' I ,f ,jll't'Cton. 'l: l 'I..., .. ,... i'>"nd ~:,..i rolicial '"L ,. ., l ... [ ze • - •A• T ~ I L II A L •A ... r AT ItO l lOIII 0' IMI rH!A$T QUAIIT ._, Q(TIOII Jto TOtlltWIIJ U •OUT o eUIG( ' WilT. UN lfiiiiAitDI"O IUt ICitiii!O AI ~Ol.LOII I A C L • '' " .. ' - - 'If( IIITI .. tttllllf' .... TIIMT ~T ... T • 01 L'U• • I"I.C N~·IT't• • era 1 •• IO• at a .. .. '"" ... ' STATE OF CALlFOilNIA) COlJinT OF SAI4 DIECO) SS. On • ·!eril S. 1968 , before me, the undersigned, a Notary Public ln a for eaid County and State, personally MDV ADJW • lr.DIIIIftl to M to be the Prut.dent, and lmown ~ .. to be die A .. btant Seer.tary of PI.AR&T, • , and LOrn', IIC., reap«tively, that executed the within inat~t, "-to • to tw tiM penou who executed lbe within Inst1'\lllent on behalf of tla COI'pCJl'a\:ltlne therein ~. and ec:il~~C~Wbdged to .ae that such corporatlo .. •-=utllll tl:ae within inatruaent pursuant to it1 by-lave or re1ol~tiona of tJ:ae lo.,_..a of Director•. wtTIISS .y band and official 1eal. stpacure;§: ·~ Jr r;;,_,. rton • -r • IUI1CN L. .. IIOfAI'f ......c.c.r.urear.U IUICIPAL C!IIICIII we..-oOOUNI'l .,._ ............ • t b · t+-1 1 1 re·Tl. P•·red it .1.. s delermined If after the informat1on y~u 11~ve ~-ml ~cc ~35 Jeen ., -n. , that. furth<;r information is rcci1.1ired, you will be sc ad'7h;ed. ?\PPLICAN'r: ~a Cost~-La~d _C:Q!ll.~ ______ .. Name (individual, partnership, joint venture, corporation, syadication) AGENT: MEMBERS: Costa Del Mar Road, Carlsbad Business Address - ( 714_l___i}~-91:..:::1;..::;;1 ______ _ Telephone Number Name Business Address Telephone Number Name (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Nt>.mber CA 920~0~8------------------ Home Address Telephone Number Home Address !elephone Nuniller (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. LA_Co5TA t4NtJ _C._~_. _____ _ Applicant "sy fB~-l.~ ·fir --.. Agent, Owner, Partner f.)ler'J:4a"'*• Rec . . \l" \v. ---·, ~¥¥"' APPLICATION NO. ZONE CHANGE r;:2tJ& \ i {P1ease Type or flt·int) Date : ____ . _e.-31_-:_7_9. _____ _ 1. 2 . ? " . REQUEST: Zone Change from thE: present existing __ RC ---- zone(s) to the RDMQ zone(s) LOCATION: The subject property is generally located on the West and side of Rai1cho Santa Fe Rdbetwecn_J_f]J.ture{Alga) La Costa Avenue 2:::-:2:::-:3::-----=o-=2-=-1------o-1------··-- Book 223 PageOlO Parcel 10 ---. ·--ASSESSOR'S NUMBER: 04 Parce1 __ Q5 ____ (If more~ please list 222 012 B.o o k-.£2£ Page _Q_l ~-- on bottom of this page). 4. PROPE"RTY OWl'lD 'S SIGtlATl!flt .O.cldress City Zip Phone 'P --·--~-===-- __ 'Burton KrameL-Yice Pres_ident La Costa Land Company Coata Del Mar Road Carlsbad, CA 92008 :e .... 4-L~;.r _ __,{~7. !.ll.. 4 3 8_--=-9=11=1=------------- 5. APPLICANTS SIGNATURE: I hereby declare that all information contained within this application is true. Name _____ A_ddr_e_s_s ______ ~City~--------Z~i~P--~Phone Same as above Representing (Company or Corporation) 6. Is this request consi~tent with the General Plan and applicable Specific Plans? --~Yue~s~------------ Please note: As per Section 21.52030 of the City Code, the Planning Director must find that this request is consistent with the General Plan or applicable Specific Plans, or the application shall not be accepted. This determination may be appealed to the Planning Commission and City Council. The City of Carlsbad Planning Department would appreciate the oppor- tunity 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- draft i n g or rev i s i on of the p l a n w 1: i c h on 1 y serves to 1 eng then the processing time. ATTACHMENTS: Supplemental Information Form -Planning 21 Preparation Check List -Planning 30 Procedures -Planning 35 FORM ....!:J~nin_g_} __ Date of Planning Commission ApprovtJ.l AlJf);rnJ#AL 45SESsoe's #t/M/JeE: 22Z ~/50~ t:J5c1 2 2 2 ·I 5 tP -?' ) ) .. SUPPLEMENTAL INFORMATION FORM CHANGE OF ZONE 1) Gross Acres (or square footage if less than acre) 128 acres 2) Present Zone PC Proposed Zone ;rt=D~M~Q~--------------------- 3) General Plan Land Use Designation RM 4) Source of Water Supply San Marcos County Water District 5) Method of Sewage Disposal is Public-gravity (San Marcos County Water District) 6) Types of Protective Covenants to be Recorded Not known at this t.i~e. 7) Transportation Modes Available to Service the Development North County Transit District 8) School District Serving the Property San Marcos Unified School District Palomar Community College District 9 l This application for a Change of Zone is supported by the following reasons: a} Such a Zone Change is warranted because ~ith .~be general pl~n. jt is consjstent bl Such a Zone Change will be in the interest of furtherance of public welfare because it will lead to the develo'pment of needed housing. c) The permitted uses in this proposed reclassification will not be detrimental in any way to surrounding properties because ______ __ · it is co~sisterit with the general plan. d) The property in this application is more suitable for the proposed zone than the existing zone because it specifies an appropriate zone and densit-y~f~o-r--t~hr-e·--p-1-.o-p_e_r~t-y-.- e) What were the original deed restriction, if any, concerning the type and class of permitted uses on the subject property? (Give expiration date of these restrictions} ·--~n~o~n~e~------------- FORM PLANNING 21 DATE OF PLANNING COMMISSION APPROVAL PREPARATION CHECK LIST DOCUMENTS REQUIRED FOR SUBMITTAL: 1} Application with supplemental information sheet comple·ted. 2} Environmental Impact Assessment or Report with Fees (if required). 3) Photostatic copy of deed with complete legal description of subject property or other form of description acceptable to the Planning Director. 4} Fee: $100.00 plus $5.00 per lot. 5) 300 Foot Radius Map - A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property, and each lot wit.hin 300 feet of the exterior boundaries of the subject property shall be consecutively numbered to correspond with the property owner's list. 6} Property Owner's List -Two copies of a typewritten list on self-adhesive (Avery} mailing labels of the name and address of all property owners within 300' as noted on the property owners map. This list must be accurate and taken from the latest equalized assessment roll on file in the Office of the Assessor of San Diego County, 1600 Pacific Highway, Room 103, 236-3771. ~/7) Disclosure Statement. ,·a) A written statement by the City Engineer that he finds there is adequate sewer capacity available for the proposed use at the site or that he finds that the proposed use and site can be adequately served by alternative City approved onsite sewer system. Applicant, please note, this determination must be done prior to submitting application and it may require prep- aration on your part to provide sufficient evidence to the City Engineer. It is suggested you make early contact with the Engineering Department for such determination. 9) For residential projects within Vista, San Marcos, Encinitas or San Dieguito School Districts, the applicant shall indicate whether he prefers land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If ·the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the Carlsbad Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. FORM PLANNING 30 PROCEDUH.ES 1) Application to Planning Comntission: In a.n effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application in its various stages of development prior to submittal. It is more effective if applicant mee·ts directly with staff; hovJever, written or telephone communication is acceptable. It is the responsibility of the applicant to make the initial contact for such meeting. 2) Submittal: Application will be accepted only if the application, plans and other pertinent materials are included. 3) Review: After accepting the application staff will submit it to the department review board (DCC) to ascertain if further information is necessary. Staff will attempt to conclude this review within two weeks, but in no case shall the review period be longer than 30 days from receipt of application. 4} Notice; Upon completion of the application review, the applicant will be informed by letter if further information is required if any, or if the application is complete what date it will be heard by the Planning Commission. 5) Planning Commission Calendar: The Planning Commission adopts an annual calendar that indicates application closing dates, staff review dates, a staff recommended review dates as well as Planning Commission hearing dates. The date your request will be heard is selected from this calendar. You may acquire this calendar at the Planning Department. 6} Staff Review: Staff prepares a report for the Planning Commission. This report is reviewed by the Departmental Coordinating Committee (DCC), which is made up of representatives from the departments of Planning, Engineering, Fire, City Manager and other as may be necessary. You are invited to this meeting to explain the project and respond to staff recommendations. Upon completion of this review, staff will prepare final staff recommendations to be sub- mitted to the Planning Commission. The final report with rec- ommendations wil~ be available at the Planning Department five days prior to the Plc.; ning Commission hearing (Friday afternoon prior to the Planning Cor :.ssion meeting date) . 7) Hearing: The Planning Commission meets every 2nd and 4th Wednesday of the month at 7:00 P.M., or as indicated on the Planning Commission calendar. Depending on the type of application, the Planning Commission will either make a recommendation and forward to City Council or take final action. 8) Appeals: Final actions by the Planning Commission may be appealed to the City Council, provided such appeal is filed within ten tlO) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of applications. 9) Final Decision: The City will notify the applicant and property owner of the final decision. FORM: PLANNING 36 DATE OP PLANNING COMMISSION APPROVAL DEC. 6, 1978. • .. APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of tlle information is completed and accurate_. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject: of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 share- holders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporat.ion be a publically held corporation, then state the'full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. I