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HomeMy WebLinkAbout2001-11-07; Planning Commission; ; SDP 01-06|PUD 90-04A|V 01-04 - ARROYO VISTAcity of Carlsbad Planning Deparra A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: November 7,2001 Application complete date: June 25, 2001 Project Planner: Christer Westman Project Engineer: Jeremy Riddle SUBJECT: SDP 01-06/PUD 90-04(A)/V 01-04 - ARROYO VISTA - A Site Development Plan to approve floor plans and elevations for 155 single-family residential homes on approved lots that are a minimum 7,500 square feet; proposed fence design and location; RV storage area design; and, a Minor Amendment to the project's Planned Unit Development to allow reduced front yard setbacks on the 61.17 acre site generally located east of Rancho Santa Fe Road and north of Calle Acervo in Local Facilities Management Zone 11. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5060, 5061, and 5097 APPROVING a Site Development Plan, Minor Planned Unit Development Amendment, and Variance. II. BACKGROUND This item was scheduled on October 17, 2001, but was continued because a single inconsistency with the Planned Development Ordinance was identified just prior to the hearing. After discussing possible solutions to rectify the inconsistency, it was determined that a variance could be and has been included in the project application. The issue is that when a project includes ten or more structures in a row the Planned Development Ordinance requires separation between those structures determined by their number of stories. The separation between three and two-story structures is 20 feet. The separation between two-story and single story structures is 15 feet. The separation between two single story structures is 10 feet. Although separation between two two-story structures is not specifically identified in the Planned Development Ordinance, an Administrative. Policy was established to require 20 feet of separation between two-story structures when they are part of a row often or more structures on a single street. The Arroyo Vista subdivision was approved with five rows of lots greater than ten. Subsequently, homes were proposed for the subdivision and located within each of the residential lots using the R-l side yard setback standard often percent of the lot width versus based on their number of stories. Special circumstances apply to the subject property in that the site's natural topography dictates several approaches to subdivision design including longer streets which run parallel to the hillside contours versus perpendicular to the hillside contours. Longer streets result in longer rows of residential lots. Reducing the overall development area by reducing lot sizes to a SDP 01-06/PUD 90-04(A^ 01-04 - ARROYO VISTA November 7,2001 Page 2 __ minimum 7,500 square feet versus 10,000 square feet was preferred because of the hillside terrain. Although the project lots were established by Planned Unit Development, the proposed building separation is consistent with the R-l standard of side yard setbacks equal to ten percent of the lot width. Adjacent subdivisions have been developed with similar street configurations without benefit of 20 foot separation between two-story buildings. A strict application of the zoning ordinance could therefore be determined to deprive this property of privileges enjoyed by other property in the vicinity under the R-l-10,000 and PC zoning classifications. Additional special circumstances apply to the subject property in that the project is not subject to the Small Lot Architectural Guidelines, however, the project's buildings have been designed and distributed throughout the subdivision to implement the guidelines to a great degree. The guidelines were established by City Council Policy and are another approach to providing visual relief when there are several homes in a row on a single street. Plans one and two have entirely single story edges and together constitute more than 20 percent of the project. The remaining Plans three, four, five and six all have single story elements over the front 20 percent of the building. All of the proposed homes have four building planes along the front. More than 66 percent of the proposed homes have an average 8.5 foot side yard facade change. Further more, no home is proposed with three garage spaces side-by-side. All of these elements reduce the visual impact often or more two-story units in a row on a single street. An other special circumstance applies to the subject property since the project is subject to a Planned Development Ordinance which is currently being revised to eliminate the "ten in a row" requirement and replace it with architectural standards which will satisfy the intent of reducing the visual impact of several two-story buildings in a row. As a result of architectural design and the inclusion of several single story edge and single story floor plans the project complies with many of the draft replacement architectural standards. More than 20 percent of the proposed homes have a single story building edge. Other than volume ceilings at entries, all proposed homes are single story along the front. No home is proposed with a three-in-a-row car garage. Finally, more than 75 percent of the homes are proposed with visible front doors. Support for the requested variance may be derived from the Small Lot Architectural Guidelines which determined that on a case by case basis the decision makers should determine if the intent is met to ensure that the project does not appear "boxy" or as "row housing." As provided in the foregoing findings the project substantially conforms to the intent of reducing the visual impact of ten or more two-story structures in a row on the same street and Staff can support the requested variance. A resolution for the approval of a variance has been included in the Planning Commission's packet. Denial of the variance will require the applicant to take an alternate course of action including but not limited to the design of new floor plans for the rows of lots in question, drop development on key lots to create a break and therefore eliminate "ten in a row", and/or relocate more single story plans (Plans one and two) to the rows of lots in question. SDP 01-06/PUD 90-04(A^ 01-04 - ARROYO VISTA November 7, 2001 Page3 ATTACHMENTS; 1. Planning Commission Resolution No. 5060 (SDP) 2. Planning Commission Resolution No. 5061 (PUD) 3. Planning Commission Resolution No. 5097 (V) 4. Staff Report dated October 17, 2001 with attachments lent' City of Carlsbad Planning Deparme A REPORT TO THE PLANNING COMMISSION Item No. ( 8 P.C. AGENDA OF: October 17, 2001 Application complete date: June 25, 2001 Project Planner: Christer Westman Project Engineer: Jeremy Riddle SUBJECT: SDP 01-06/PUD 90-04(A) - ARROYO VISTA - A Site Development Plan to approve floor plans and elevations for 155 single-family residential homes on approved lots that are a minimum 7,500 square feet; proposed fence design and location; RV storage area design; and, a Minor Amendment to the project's Planned Unit Development to allow reduced front yard setbacks on the 61.17 acre site generally located east of Rancho Santa Fe Road and north of Calle Acervo in Local Facilities Management Zone 11. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5060 and 5061 APPROVING a Site Development Plan and a Minor Planned Unit Development Amendment. II. INTRODUCTION This application is for the delayed architectural review of single-family homes to be located within "Arroyo Vista," Units 2 & 3 of the Shelley Tract Map (CT 90-03/HDP 90-11/PUD 90- 04/SUP 90-04). The Site Development Plan application is only for the review of the building elevations and floor plans, entry monumentation, RV storage area design and fence design and placement. A minor amendment to the project's Planned Unit Development is proposed to allow for 10 to 20 foot front yard setbacks with a 15-foot average. Minor amendments to a PUD may be approved by the Planning Commission and made part of the original City Council approval. The proposed project complies with the requirements of the Zoning Ordinance and staff recommends that the requests be approved. HI. PROJECT DESCRIPTION AND BACKGROUND On December 15, 1998, the Shelley Tract was approved by City Council with a condition that a Site Development Plan be approved by the Planning Commission prior to the issuance of building permits for product design and siting, entry monumentation, and fence design and placement. The "Arroyo Vista" portion of the Shelley Tract Map (Units 2 & 3) consists of 155 single-family residential lots on a 61.17 acres located east of Rancho Santa Fe Road and north of Calle Acervo. Lots within this project have a minimum area of 7,500 square feet. The Final Map and grading plans have been approved for the Shelley project and the site is currently being graded. In addition to the Site Development Plan application, the applicant has requested a minor amendment to the project's Planned Unit Development to allow for 10 to 20 foot front yard setbacks with a 15-foot average pursuant to Section 21.45.090 of the Planned Development o SDP 01-06/PUD 90-04(^ ARROYO VISTA October 17, 2001 Page 2 Ordinance. The proposed front yard setbacks are allowed by Section 21.45.090 of the Planned Development Ordinance. A minor amendment to the project's Planned Unit Development is necessary because the proposed front yard setbacks were not reviewed for this project at the time the Planned Unit Development was approved for the Shelley Tract Map. As shown on the exhibits, the applicant is proposing six different floor plans ranging in size from 2,440 to 3,998 square feet. The project consists of four different architectural styles, which include Spanish Colonial, French Country, Traditional and Italianate. Plan 1 is a single story plan, while Plans 2-6 are two story units. All plans provide two covered garage spaces and allow for an optional third covered garage space as either a tandem space or an offset one-car garage. The RV storage area provides twenty-one parking spaces 10-12 feet wide and varying from 20 to 35 feet deep. A total of 4,880 square feet is required for all 4 units of the Shelly Tract Map. The design provides 5,040 square feet of storage area within a secure and screened area. IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the Residential Low-Medium Density (RLM) General Plan Land Use Desig- nation, the Planned Development Ordinance, and the approved Shelley Tract Map (CT 90-03). The following analysis section discusses compliance with the General Plan, Planned Development Ordinance and a brief description of architecture. A. GENERAL PLAN The General Plan designation for the project site is Residential Low-Medium (RLM) Density. The surrounding properties carry the RLM and Residential Low (RL) Density General Plan designations. The RLM designation allows single-family residential development at a range of 0-4 dwelling units per acre (du/ac). The RLM range has a Growth Control Point of 3.2 du/ac. The density of this project is 2.86 du/ac. An objective of the General Plan is to achieve a variety of safe, attractive housing in all economic ranges throughout the City. The project is not proposed with "affordable" housing units onsite. As conditioned by the Shelley Tract Map (CT 90-03; Planning Commission Resolution No. 4350), satisfaction of the project's fair share of affordable housing will be in the form of payment of an inclusionary housing impact fee assessed on each individual residential lot. This fee is paid at the time of building permit issuance. The project qualifies for the payment of a fee in lieu of onsite construction because the Shelley Tract Map (CT 90-03) application was deemed complete prior to the adoption of the Inclusionary Housing Ordinance. B. PLANNED DEVELOPMENT ORDINANCE/PUD 90-04(A) A Planned Unit Development (PUD 90-04) was approved for the Shelley Tract Map (CT 90-03) by City Council on December 15, 1998. The PUD was approved to allow the project to be subdivided into lots less than 10,000 square feet in return for an increase in open space. In addition, the lot layout, along with the street system, open space lot and RV lot locations, were approved by the Shelley Tract Map and Planned Development. However, architectural design was not reviewed at the time the Tract Map and Planned Unit Development were approved. SDP 01-06/PUD 90-04(A" October 17, 2001 Page 3 'ARROYO VISTA Instead, the Planned Unit Development was approved with the condition that the Planning Commission approve a Site Development Plan prior to the issuance of building permits for the project. The applicant is requesting a minor amendment to the approved Planned Unit Development. This amendment would allow for 10 to 20 foot front yard setbacks with a 15-foot average pursuant to Section 21.45.090 of the Planned Development Ordinance. Reduced front yard setbacks are allowed by Section 21.45.090 of the Planned Development Ordinance. A minor amendment to the project's Planned Unit Development is necessary because the proposed front yard setbacks were not reviewed for this project at the time the Planned Unit Development was approved for the Shelley Tract Map. The project with the proposed amendment still meets all applicable requirements of the Planned Development Ordinance as demonstrated in Table 1 below: Table 1: Planned Development Ordinance Standard Density Product Type Lot Size Setbacks: Major Arterial Front Yard Side Yard Building Height Lot Coverage RV Storage Resident Parking Guest Parking Storage Space Recreation Open Space Street Widths Requirement Maximum of 173 single-family detached units Single-family Detached Minimum of 10,000 sq. ft. per R-l -10,000 3,500 sq. ft. allowed by PUD 40 feet 10' minimum with a 15' average Minimum 10' building separation Building Height: 30' maximum Maximum 40% lot coverage 3,100 sq. ft. (20 sq. ft./unit) 2 full-sized covered spaces per/du 42 spaces 392 cu. ft./du 200 sq. ft. per dwelling (31,000 sq. ft.) 36 feet curb to curb Compliance 155 units at 2.86 du/net ac Single-family Detached 7,500 sq. ft. minimum 7,500 - 32,278 sq. ft. 55+ feet 10' min. with 15' average 10+ feet minimum 27.0' maximum 40% maximum 5,040 sq. ft. combined with units 1 and 4 2-3 full sized covered spaces per unit Approximately 290 street parking spaces Provided within individual garages 825+ sq. ft. per unit (estimated) 40 feet curb to curb SDP 01-06/PUD 90-04(Aj^ ARROYO VISTA October 17,2001 Page 4 C. ARCHITECTURE The proposed floor plans and elevations are in compliance with all applicable requirements of the R-l Zone and Planned Development Ordinance. This project is not subject to the requirements of the Small Lot Architectural Guidelines that were in effect when the project was deemed complete because all of the lots are 7,500 square feet or larger. D. GROWTH MANAGEMENT The project was previously analyzed for compliance with the adopted Local Facilities Management Plan for Zone 11 as the Shelley tract map. Compliance was analyzed with respect to density and adequacy of public facilities. There are no outstanding public facilities issues. A summary of the impacts to public facilities for this portion of the Shelley tract map (CT 90-03) follows: STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 538.89 sq. ft. 287.41 sq. ft. 155 EDU 1.08 acre Encinitas Creek Basin 1550ADT Station No. 6 13.77 53 elementary/19 Jr.High/43High School 155 EDU 34,100GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The Residential Low-Medium (RLM) growth control point of 3.2 du/ac would allow 173 single- family dwellings. This portion of the Shelley tract map was approved 18 units below the growth control point allowance of 173 dwellings. V. ENVIRONMENTAL REVIEW An EIR (EIR 90-06) was completed for the Shelley Tract Map and circulated for public comment in 1993. The project was changed when approximately 10 acres were sold to the Encinitas Union School District to build Olivenhain Pioneer Elementary School. Therefore, the EIR was updated and re-circulated for public comment. The environmental issues identified in the re-circulated EIR were land use/local facility management plan, cultural resources, noise, traffic and circulation, biological resources, hydrology, water quality, aesthetics/visual quality, air quality, geology and soils. The initial study (EIA-Part II) prepared in conjunction with this project determined that the project is consistent and within the scope of the EIR 90-06. It can be seen with certainty that these subsequent discretionary actions will not have a significant effect on the environment and is therefore not subject to additional CEQA review. SDP 01-06/PUD 90-04(AF ARROYO VISTA October 17,2001 Page 5 ATTACHMENTS: 1. Planning Commission Resolution No. 5060 (SDP) 2. Planning Commission Resolution No. 5061 (PUD) 3. Location Map 4. Disclosure Statement 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 8. Planning Commission Resolution No. 4352 7. Exhibits "Al" - "A75" dated October 17, 2001 CW:cs:mh SITE ARROYO VISTA SDP01-06/PUD90-04(A) DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Continental Residential, Inc. Title Title Address Address 2237 Faraday Ave., 92008 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Continental Residential, Inc. Title Title Address Address 2237 Faraday Ave., 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 TIJ) NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ( (y \dOY/W3^1^ Signature of owner/daYe £)Signature of applicant/dale Baw-fcethrr Print or type name of owner Dave Loth . YYXfr Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Continental Residential, Inc. is a subsidiary of D.R. Horton a publicly owned company. Donald R. Horton the Chairman who owns 12% of the stock of D.R. Horton is the only individual owning more than 10% of the shares. Donald R. Horton Chairman 1901 Ascension Blvd. Suite 100 Arlington, TX 76006 BACKGROUND DATA SHEET CASE NO: SDP 01 -06/PUD 90-04CA) CASE NAME: Arroyo Vista APPLICANT: Continental Residential. Inc. REQUEST AND LOCATION: A Site Development Plan to approve floor plans and elevations for 155 single-family residential homes on approved lots (minimum 7,500 square feet), to approve the fence design and location and RV storage area design and a Minor Amendment to the project's Planned Unit Development Permit to allow for 10 to 20 foot front yard setbacks with a 15 foot average pursuant to Section 21.45.090 of the Planned Development Ordinance on the 61.17 acre Arroyo Vista site (Units 2 & 3 of Shelley Final Map 14196 - See CT 90-03). LEGAL DESCRIPTION: A portion of Lots 13 and 14 of the subdivision of Rancho Las Encinitas, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 848, filed in the Office of the County Recorder of San Diego County. APN: 264-010-42 Acres: 61.17 Proposed No. of Lots/Units: 155 units GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium (RLM) & Open Space (OS) Density Allowed: 0-4 du/ac Density Proposed: 2.86 du/ac Existing Zone: RL-M & OS Proposed Zone: RL-M & OS Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site R-1-10000 RLM Vacant North R-l-10000 RLM & OS Vacant South RR2 (Encinitas) Residential Single-family homes East R-1-25000&OS RL & OS Single-family & OS West R-1-10 &R3 (Encinitas) RLM, OS Single-family & vacant PUBLIC FACILITIES School District: Encinitas Union Elementary/San Dieguito Union High School Water District: Olivehain Municipal Sewer District: Olivehain Municipal Equivalent Dwelling Units (Sewer Capacity): 155 ENVIRONMENTAL IMPACT ASSESSMENT I I Negative Declaration, issued__ I I Certified Environmental Impact Report, dated_ [X] Other, Exempt: Section 15061(b)(3) CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: ARROYO VISTA SDP 01-06/PUD 90-04(A) LOCAL FACILITY MANAGEMENT ZONE: U GENERAL PLAN: RLM ZONING: R-l-10.000 DEVELOPER'S NAME: Continental Homes ADDRESS: 2237 Faraday Avenue Suite 100 Carlsbad CA 92008 PHONE NO.: 760-931-1980 ASSESSOR'S PARCEL NO.: N/A QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 155 single family A. City Administrative Facilities: Demand in Square Footage = 538.89 B. Library: Demand in Square Footage = 287.41 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 155 EDU D. Park: Demand in Acreage = 1.08 E. Drainage: Demand in CFS = N/A F. Circulation: Demand in ADT = 1550 G. Fire: Served by Fire Station No. = 6_ H. Open Space: Acreage Provided = N/A I. Schools: N/A J. Sewer: Demands in EDU 155 K. Water: Demand in GPD = 34.100 L. The project is 18 units below the Growth Management Dwelling unit allowance. PLANNING COMMISSION RESOLUTION NO. 4352 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD. CALIFORNIA. RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT 4 PUD 90-04 ON PROPERTY GENERALLY LOCATED EAST OF RANCHO SANTA FE ROAD AND NORTH OF CALLE 5 ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY TRACT MAP 6 CASE NO.: PUD 90-04 WHEREAS, Daniel Shelley, "Developer", has filed a verified application with the City 8 of Carlsbad regarding property owned by Daniel Shelley, "Owner", described as 9 That portion of lots 13 and 14 of the subdivision of the Rancho Las Encinitas, in the City of Carlsbad, County of San Diego, .. State of California, according to Map thereof No. 848, filed in the office of the County Recorder of San Diego County, June 12 27,1898; and 13 An easement and right-of-way for road purposes over and across that portion of the southerly 60 feet of the westerly half of lot 14 of Rancho Las Encinitas, which lies east of the center . c- line of the county road known as Road Survey No. 454-A. 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Planned Unit 18 Development Permit as shown on Exhibit(s) "A"-"K" dated September 16, 1998 ,on file in the 19 Planning Department, SHELLEY TRACT MAP, PUD 90-04, as provided by Chapter 20 21 45/21.47 of the Carlsbad Municipal Code: and 21 WHEREAS, the Planning Commission did, on the 7th day of October, 1998, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development Permit 27 28 1 NOW. THEREFORE. BE IT HEREBY RESOLVED by the Plannin 2 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission 5 RECOMMENDS APPROVAL of SHELLEY TRACT MAP, PUD 90-04, based on the following findings and subject to the following conditions: 6 Findings; That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and 9 all adopted plans of the City and other governmental agencies, in that the project does not propose any amendment to any of the described documents and has been *" designed as required by the referenced documents. That the proposed use at the particular location is desirable to provide facilities which 12 will contribute to the long-term general well-being of the surrounding neighborhoods and the community, in that the project will provide additional housing units and 13 significant preserved open space and passive recreation in the form of a public trail within an area that is developed with similar residential neighborhoods. . r 3. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the 16 vicinity, in that the project has been designed in a similar fashion to the existing residential neighborhoods and will not introduce land uses that have the potential for causing health or safety hazards. 10 4. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design 20 Guidelines Manual, in that all residential lots have a minimum of 7,500 square feet and an average of 10,630 square feet where a minimum of 3,500 square feet is required; streets are curvilinear; and, significant open space lands have been included in the project design. . That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the 24 site, in that the project has been "terraced" consistent with natural contours; major slopes adjacent to the central open space lots have been undulated; and, the central 25 open space lots will be landscaped for habitat enhancement. 6. That the proposed project's design and density of the developed portion of the site is 27 compatible with surrounding development and does not create a disharmonious or 28 PC RESO NO. 4352 -2- 1 disruptive element to the neighborhood, in that the proposed lot sizes arc equal to or larger than adjacent residential developments; the project density is below the - growth control point and is similar to existing surrounding development; and, it is anticipated that the home development will be of similar size and design to other residential home development in the area. 4 7. That the project's circulation system is designed to be efficient and well integrated with 5 the project and does not dominate the project, in that the project will have typical street scenes of a single family residential neighborhood. 6 Conditions:7 „ 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Planned Unit Development document(s). necessary to make 9 them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed 10 development different from this approval, shall require an amendment to this approval. 11 2. Approval of PUD 90-04 is granted subject to the approval of CT 90-03. PUD 90-04 is ,j subject to all conditions contained in Planning Commission Resolution No. 4350 for CT 90-03. 13 3. Prior to the issuance of building permits for any residential structure, a Site 14 Development Plan (SDP) shall be reviewed and approved by the Planning Commission. The SDP shall include fence design and location, setbacks from top of slopes consistent with Chapter 21.95 of the Carlsbad Municipal Code, architectural , s styles and details with an emphasis on street scene, visibility from public rights-of- way and the central open space lots. 17 NOTICE 18 Please take NOTICE that approval of your project includes the "imposition" of fees, 19 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 21 You have 90 days from date of final City Council approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in 22 Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. 23 Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 26 zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given 28 PC RESO NO. 4352 -3- 1 2 -> 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of October, 1998. by the following vote, to wit: AYES: NOES: Chairperson Noble, Commissioners Compas, Monroy. Nielsen, and Savary ABSENT: Commissioners Heineman and Welshons ABSTAIN: --W ^x---c^.v\fc BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOEZMILLER Planning Director PC RESO NO. 4352 -4-