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HomeMy WebLinkAbout2003-09-09; City Council; 17303; North Park at La CostaAB# 17,303 TITLE: NORTH PARK AT LA COSTA SDP 02-1 OlPUD 02-1 3 MTG. 9-9-03 DEPT. PLN W- RECOMMENDED ACTION: CITYMGR % That the City Council ADOPT Resolution No. 2003-235 , APPROVING a Site Develop- ment Plan 02-10 and Planned Unit Development Permit 02-13 as recommended for adoption and approval by the Planning Commission. Project application(s) Administrative Reviewed by and Final at Planning Ap p rova Is To be Reviewed - Final at Council CT 02-25 SDP 02-10 PUD 02-13 On June 18, 2003, the Planning Commission conducted a public hearing for the Northpark at La Costa residential project located on 1.55 acres at the Northwest corner of Levante Street and La Costa Avenue. This project includes 12 two-story detached Single Family units and two Second Dwelling Units along a private driveway. Commission X X X The project applicant is requesting to satisfy the projects inclusionary housing requirement through the construction of two Second Dwelling Units. Pursuant to Section 21.85.070(A) of the Carlsbad Municipal Code, projects proposing to satisfy their inclusionary housing through the development of Second Dwelling Units rather than the construction of new inclusionary housing require City Council approval. Accordingly, the project's Site Development Plan (SDP 02-1 0) and Planned Unit Development (PUD 02-1 3) permits are before the City Council for approval of this request. On June 18, 2003, the Planning Commission approved the tentative map (CT 02-25) for the project and recommended approval of SDP 02-1 0 and PUD 02-1 3. ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Section 15332(a) of CEQA exemptions (Class 32) exempts the construction of projects characterized as in-fill development meeting the conditions described as follow: (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the project site has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. FISCAL IMPACT: All required improvements will be funded by the developer. The Facility Financing Section of the Zone 6 Local Facilities Management Plan lists the financing techniques being used to guarantee the public facilities needed to serve development within Zone 6. I 17,303 PAGE 2 OF AGENDA BILL NO. Facilities Zone Local Facilities Management Plan Growth Control Point Net Density GROWTH MANAGEMENT STATUS: 6 6 11.5 9.03 du/ac EXHIBITS: 1. City Council Resolution No. 2003-235 2. Location Map 3. 4. 5. Planning Commission Resolutions No. 5423 and 5524 Planning Commission Staff Report, dated June 18, 2003 Excerpts of Planning Commission Minutes, dated June 18, 2003. 1 L 1 c I E 5 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENT PLAN AND PLANNED UNIT DEVELOPMENT PERMIT PROJECT, LOCATED AT THE NORTHWEST CORNER OF LEVANTE STREET AND LA COSTA AVENUE IN THE SOUTHEAST QUADRANT. CASE NAME: NORTHPARK AT LA COSTA CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOP- FOR THE NORTHPARK AT LA COSTA, SINGLE-FAMILY CASE NO.: SDP 02-1O/PUD 02-13 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on June 18, 2003, hold a duly noticed public hearing as prescribed by law to consider a Site Development Plan and Planned Unit Development Permit; and WHEREAS, the City Council of the City of Carlsbad, on the 9th day of SEPTEMBER , 2003, held a duly noticed public hearing to consider the Site Development Plan and Planned Unit Development Permit, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to SDP 02-1 O/PUD 02-1 3; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Site Development Plan SDP 02-10 and Planned Unit Development Permit PUD 02-13 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5423 and 5424, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, I200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 9th day of SEPTEMBER , 2003, by following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None CLAUDEX. LEWIS, Mayof ' ATTEST: (SEAL) Resolution No. 2003-235 -2- the 4 EXHIBIT 2 SITE NORTHPARK AT LA COSTA SDP 02-lO/PUD 02-13 3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5423 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ALLOW THE DEVELOPMENT OF TWELVE RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND ONE PRIVATE STREET FAMILY HOMES AND TO CONSTRUCT TWO SECOND DWELLING UNITS TO MEET THE INCLUSIONARY HOUSING REQUIREMENT OR THE OPTION TO PURCHASE TWO AFFORDABLE HOUSING CREDITS WITHIN THE VILLA LOMA DEVELOPMENT ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF LEVANTE STREET BETWEEN LA COSTA AVENUE AND CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: APPROVAL OF SITE DEVELOPMENT PLAN SDP 02-10 TO LOT TO ACCOMMODATE TWELVE DETACHED SINGLE- NORTHPARK AT LA COSTA CASE NO.: SDP 02-10 WHEREAS, Touchstone Communities, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Levante 12, LLC, “Owner,” described as Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County, October 18,1972 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “M” dated June 18,2003, on file in the Planning Department, NORTHPARK AT LA COSTA - SDP 02-10 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June, 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of NORTHPARK AT LA COSTA - SDP 02-10, based on the following findings and subject to the following conditions: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that a) the site can easily accommodate the proposed twelve detached single-family homes while complying with all of the applicable City standards for the development; b) the project is consistent and compatible with the existing surrounding single-family and multi-family residential developments, in scale and design; c) the vacant site has been previously graded and devoid of any significant or sensitive vegetation; d) the proposed density of 9.03 dwelling units per acre is consistent with the Residential Medium High Land Use designation; e) the project will provide housing affordable to lower income households on site or off site; f) the project is consistent with the exterior and interior noise standards; and, g) the additional 120 Average Daily Trips (ADT) generated by the project can be accommodated by Levante Street and La Costa Avenue (local street and secondary arterial) serving the project site. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the site can accommodate the proposed 12-single family homes while providing all required setbacks, recreation space, guest parking and the project complies with all City Ordinances and standards, including the Levante Street Development Standards and Design Guidelines and the Planned Development Ordinance, without the need for a variance to any of the standards. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project site will be surrounded by a solid wall or fence; will provide common landscaping along the La Costa Avenue frontage; the proposed development meets all applicable setbacks of the underlying zone and the 7 PC RES0 NO. 5423 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Levante Street Development Standards and Design Guidelines; and the project architecture is compatible with the surrounding single-family and multi-family residential uses as well as the guidelines of City Council Policy No. 44 and the Levante Street Design Guidelines. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is served by La Costa Avenue, a secondary arterial, and Levante Street, a local street, which have been designed to accommodate the 120 ADT generated by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map whichever occurs first. 1. 2. 3. 4. 5. 6. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modi@ all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the SDP 02-10 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall submit to the Planning Department a reproducible 24” x 36,” mylar copy of the Site Development Plan reflecting the conditions approved by the final decision making body. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims B PC RES0 NO. 5423 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Site Development Pian, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. This approval is granted subject to the approval of CT 02-25 and PUD 02-13 and is subject to all conditions contained in Planning Commission Resolutions No. 5422 and 5424 for those other approvals incorporated herein by reference. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict two (2) Second Dwelling Units as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code, or the option to purchase two affordable housing credits within the Villa Loma apartment project, located south of Palomar Airport Road and west of El Camino Real. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Prior to building permit issuance, the floor plan for lot 3 shall be reversed from as shown on the approved site development plan. Prior to building permit issuance, the rear elevations for lots 1-7 shall be varied architecturally to the satisfaction of the Planning Director. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in 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. Failure to timely 9 PC RES0 NO. 5423 -4- 1 2 3 4 5 6 7 8 -9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follow that procedure will bar any subsequent legal action to attack, review, set aside, void. or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity 'charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given 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 18th day of June 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Montgomery, Segall, and White NOES: Commissioners Dominguez and Whitton ABSENT: None ABSTAIN: None t R, Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. HO&MILL&R Planning Director PC RES0 NO. 5423 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5424 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT PUD RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND ONE PRIVATE STREET LOT TO ACCOMMODATE TWELVE TWO SECOND DWELLING UNITS TO MEET THE TO PURCHASE TWO AFFORDABLE HOUSING CREDITS WITHIN THE VILLA LOMA DEVELOPMENT ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF LEVANTE STREET BETWEEN LA COSTA AVENUE AND CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: 02-13 TO ALLOW THE DEVELOPMENT OF TWELVE DETACHED SINGLE-FAMILY HOMES AND TO CONSTRUCT INCLUSIONARY HOUSING RE-QUIREMENT OR THE OPTION NORTHPARK AT LA COSTA CASE NO.: PUD 02-13 WHEREAS, Touchstone Communities, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Levante 12, LLC, “Owner,” described as Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County, October 18,1972 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibits “A” - “M” dated June 18, 2003, on file in the Planning Department, NORTHPARK AT LA COSTA - PUD 02-13 as provided by Chapter 21.45/2 1.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June, 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 13, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of NORTHPARK AT LA COSTA - PUD 02- FindinPs: 1. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the proposed project complies with the requirements of the RD-M and Qualified Development Overlay zones, and all applicable development standards and design criteria of the Planned Development Ordinance and Specific Plan 208 and that the property is designated for residential development. The project’s density of 9.03 du/acre is consistent with the Residential Medium-High (RMH) (8 - 15 du/ac) land use designation, and the project is consistent with the Housing Element and the Inclusionary Housing Ordinance as the developer is constructing two second dwelling units or purchasing off site credit to satisfy the inclusionary housing requirement. 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that the 12-unit residential planned development provides residential housing which is compatible with the surrounding development of residential planned developments, condominium projects and single family units; and the project is consistent with the requirements of the Planned Development Ordinance and Levante Street Development Standards and Design Guidelines. 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 vicinity, in that the proposed use is a residential use of a scale similar to surrounding residential uses, the project is consistent with the RMH General Plan and RD-M zoning designations and the proposed project is conditioned to conform to all design and development standards required by Specific Plan 208 and the Carlsbad Municipal Code; and all necessary improvements will be provided concurrent with the development of the project. PC RES0 NO. 5424 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Guidelines Manual, in that no deviations or modifications from the development standards of Chapter 21.45 are proposed. The project satisfies all applicable requirements for setbacks, lot sizes, lot coverage, resident and guest parking, private and common recreation areas, and is designed to be compatible with surrounding developments and to comply with the applicable architectural guidelines. 5. 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 site, in that the site is a previously graded, mostly level infill lot and there are no significant natural resources located on the site and the proposed grading substantially follows the existing site topography. 6. That the proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the proposed project consists of small lot, detached single-family residences adjacent to attached multi-family residences to the west, and detached single-family residences to the north and east, and is consistent with the purpose and intent of Specific Plan 208, thus maintaining compatibility with all surrounding developments. 7. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map whichever occurs first. 1. This approval is granted subject to the approval of CT 02-25 and SDP 02-10 and is subject to all conditions contained in Planning Commission Resolutions No. 5422 and 5423 for those other approvals incorporated herein by reference. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer Qr a successor in interest by the City’s approval of this Planned Unit Development. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Unit Development documents, as necessary to make them internally consistent and in conformity with the final action on the project. -3- 13 PC RES0 NO. 5424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Planned Unit Development, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. No attached or detached structure including but not limited to patio covers, trellises, decks, balconies, sheds and/or similar structures may be constructed within 15 feet of the rear property line for lots 1 - 7 pursuant to Specific Plan 208. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. l4 PC RES0 NO. 5424 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in 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. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 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, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given 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 18th day of June, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Montgomery, Segall, and White NOES: Commissioners Dominguez and Whitton ABSENT: None ABSTAIN: None D R\, Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. HOLkMILfER Planning Director PC RES0 NO. 5424 -5- EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: June 18,2003 ItemNo. @) Application complete date: February 2,2003 Project Planner: Greg Fisher Project Engineer: Jeremy Riddle SUBJECT: CT 02-25/SDP 02-1O/PUD 02-13 - NORTHPARK AT LA COSTA - Request for approval of a Tentative Tract Map, Site Development Plan and Planned Unit Development Permit to allow the development of a 14-lot subdivision consisting of 12 single-family residential lots, one open space lot, and one private driveway lot to accommodate 12 detached single-family dwellings plus two second dwelling units on property generally located on the north side of Levante Street between La Costa Avenue and Centella Street in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5422 APPROVING CT 02-25, and ADOPT Planning Commission Resolutions No. 5423 and 5424 RECOMMENDING APPROVAL of SDP 02-10 and PUD 02-13, based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The applicant proposes to consolidate and develop two vacant lots (totaling 1.55 acres) into a 14- lot single-family subdivision consisting of 12 two-story detached single-family dwellings and two attached second dwelling units sited along a 24’ wide private driveway with common open space and guest parking on an infill site located at the northwest comer of the intersection of Levante Street and La Costa Avenue. Access to the project will be taken off of Levante Street via a private driveway. The private driveway will provide direct access to resident garages and guest parking spaces. The development of the Planned Unit Development (PUD) also requires the processing and approval of a Tentative Tract Map (CT) and a Site Development Plan (SDP) due to its Qualified Development Overlay Zone designation (Q). The project’s proposed density of 9.03 dwelling units per acre is below the 11.5 dwelling units per acre allowed per the Growth Management Control Point for the property’s Residential Medium High (RMH) General Plan designation. As designed and conditioned, the project is in compliance with the Specific Plan 208 (SP 208) - Levante Street Development Standards and Design Guidelines, Planned Development Ordinance, Subdivision Ordinance, and relevant zoning regulations of the Carlsbad Municipal Code. The project also meets or exceeds all of the criteria set out by City Council Policy 44 (Neighborhood Architectural Design Guidelines) and City Council Policy 66 (Livable Neighborhoods). The proposed project has been determined not CT 02-25/SDP 02-10/PUD 02-13 - NORTHPARK AT LA COSTA June 18,2003 Page 2 categorically exempt from the provisions of CEQA. The project conforms to all applicable standards, there are no outstanding project issues, and findings can be made for the approval of the project. 111. PROJECT DESCRIPTION AND BACKGROUND The 1.55-acre project site is rectangular in shape and is located along the north side of Levante Street between La Costa Avenue and Centella Street. The pre-graded site is ckently vacant and devoid of any significant or sensitive vegetation. The project has frontage on Levante Street and La Costa Avenue. These two streets are improved to their ultimate public right-of-way width and contain curbs, gutters, and sidewalks. There are existing utilities in the public right-of-way with service extensions to the property. Minimal grading will be necessary (1,500 cdyds cut and 3,800 cdyds fill) to reshape the two lots into the proposed 14-lot subdivision. The site has a General Plan Land Use designation of RMH (8 - 15 ddac) with a growth control point, which allows 11.5 units per acre. It is zoned RD-M-Q and is located within Specific Plan 208 (Levante Street Development standards and Design Guidelines). The purpose and intent of SP 208 is to establish development standards to ensure that future multi-family residential development on the property is designed to be attractive, harmonious, and architecturally compatible with the existing lower density single-family neighborhoods that are located to the north of the Specific Plan area. The Specific Plan development standards are intended to provide a transition from the higher-density multi-family land use located to the east and west. The proposed project includes 12 single-family homes (ranging from 2,782 square feet to 2,856 square feet in area) on individual lots (ranging from 4,025 to 4,819 square feet in area) that are double loaded along a 24’ wide private driveway, which is accessed off of Levante Street. As shown on Exhibit “A” - “M,” proposed lots 8-12 front to Levante Street while lots 1-7 front to the internal private driveway. The private driveway has been designed with enhanced paving treatments. The project includes a landscaped common passive recreation lot adjacent to La Costa Avenue. Required guest parking will include four spaces located at the east end of the project adjacent to the common recreation area and two spaces along the project entrance driveway. Visitors will also have convenient access to public parking located along Levante Street. All 12 units will be two stories (maximum 26 feet, 11 inches) in height. The project will feature a variety of architectural styles consisting of tile roofs, stucco exteriors with wrought iron accents. Porches, courtyards, window treatments, wood roll up garage doors and various facades will create interesting architectural design elements. Each house includes a private rear or side yard area. The surrounding development consists of an attached multi-family condominium project to the west, single-family dwellings to the north, detached condominiums to the east and a mostly undeveloped lot to the south. Fire Station No. 6 is currently occupying a small portion of this undeveloped property on a temporary basis. Surrounding properties within the immediate /7 CT 02-25/SDP 02-10PUD 02-13 - NORTHPARK AT LA COSTA June 18,2003 Pane 3 ELEMENT neighborhood have already been developed with a variety of residential uses, including older single-family residences, newer single family, two-family and multi-family projects. USE, CLASSIFICATION, PROPOSED USES & GOAL, OBJECTIVE OR IMPROVEMENTS IV. ANALYSIS Land Use The project is subject to the following plans, ordinances and standards: PROGRAM Site is designated for 12 single-family homes at a A. B. Specific Plan 208; C. D. E. F. G. General Plan RMH (Residential Medium High) Land Use Designation; Planned Development Ordinance (CMC 21.45); Qualified Development Overlay Zone (Q) (CMC 21.06); Subdivision Ordinance (Title 20 of the CMC); Inclusionary Housing Ordinance (CMC 21 35); and Growth Management Ordinance (LFMP Zone 1). Residential Medium High at 8 to 15 ddac. This recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. As previously discussed, the project is located within SP 208 (Levante Street Development Standards and Design Guidelines). All Specific Plan development standards that are more restrictive than the underlying RD-M zone or PUD Ordinance take precedence. When a development standard is not covered in the Specific Plan, the underlying zone/PUD Ordinance shall take precedence. density of 9.03 ddac. A. General Plan The General Plan Land Use designation for the property is RMH. The RMH designation allows residential development at a density range of 8 - 15 units with a growth control point of 11.5 units per acre. The project’s proposed density of 9.03 ddac is below the Growth Management Control Point density (1 1.5 ddac) used for the purpose of calculating the City’s compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City’s certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City’s share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City’s Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City’s share of the regional housing need. The project complies with all elements of the General Plan as outlined in the table below: COMPLY? 18 CT 02-25/SDP 02-10PUD 02-13 - NORTHPARK AT LA COSTA June 18,2003 ELEMENT Housing Open Space & Conservation Noise Circulation GENERAL PLAN CON USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Provision of affordable housing. Minimize environmental impacts to sensitive resources within the City. Utilize Best Management Practices for control of storm water and to protect water quality. Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL. Require new development to construct roadway improvements needed to serve proposed developm2nt. LIANCE, CONTINUED PROPOSED USES & IMPROVEMENTS The developer will be constructing two rent restricted Second Dwelling Units as part of the Droiect. Project site has nosignificant native vegetation or habitat value and no known archaeological or paleontological resources. Project will conform to all NPDES requirements and provide a Storm Water Pollution Prevention Plan The project is consistent with the residential exterior and interior noise standards. (SWPPP) . All public facilities including curb, gutter and sidewalk.exist along the property frontage. COMPLY? Yes Yes Yes Yes Yes B. Levante Street Specific Plan 208 The proposed project meets the intent and purpose of SP 208 in that the bulk and scale of the proposed two-story detached single-family structures will be compatible with the surrounding residential development. The proposed small lot, single-family residential land use will provide an appropriate transition between the standard single-family land uses (R-1-7,500) to the north and the higher density multi-family residential land uses (RD-M/P-C) to the east and west. A 15- foot building setback and decorative five-foot fence/wall along the northern property line will provide an adequate buffer between this project and the existing single-family homes to the north. The project will provide adequate on-site parking and circulation to serve the needs of the residents and their guests, and it will not impact the availability of offsite street parking. The 12-unit detached single-family project meets or exceeds the development standards of Specific Plan 208 as outlined in the table below: CT 02-25/SDP 02-1OPUD 02-13 -NORTHPARK AT LA COSTA June 18,2003 Page 5 Specific Plan 21 Standard Lot Coverage Setbacks Building Height Guest Parking I Development Standards Cor Required/Allowed 50% Front (lots 8-15) 15 feet Street Side 30 feet Side Yard 5 feet Rear (lots 1-7) 15 feet Balconies & Second Story Decks (lots 1-7) 15 feet 30 feet 6 on-site spaces iliance Table Proposed <50% 15 feet 30 feet 5 feet 15 feet 15 feet (See Planned Development compliance table for all other reauired setbacks) 24 to 27 feet in height 6 spaces The project has been designed to comply with the Specific Plan’s general design standards, and by doing so has created an aesthetically pleasing and compatible project with the surrounding single-family and multi-family residential development. In summary, the project complies with the architectural design standards as follows: 1) the project is visually interesting as the individual units have been designed with varied and recessed entryway treatments; 2) all of the plans exhibit a variety of roof ridges and roof heights; 3) the units have been designed with a variety of faqade treatments including decorative roll-up wood garage doors to create a variety and visual interest along Levante Street and the private driveway; 4) further articulation of building faqades and roof planes have been accomplished by providing roof overhangs, architectural projections, building face trim and recessed doors; and 5) there are a variety of articulated shaped windows with contrasting moldings and texture creating further visual interest to the building elevations. Overall, the project’s architecture complements the surrounding development and is compatible with the surrounding residential land uses. C. Planned Development Regulations The project is being developed as a small-lot, single-family planned development and is subject to the regulations and standards contained in the Planned Development Ordinance (PD). The underlying RD-M zone (Chapter 21.24 of the CMC) permits single-family products as proposed. In general, the City’s PD Ordinance regulations (Chapter 21.45 of the CMC) supersede the development standards contained within the RD-M zone. However, where the PD regulations are silent, the RD-M zone is in effect. The project is also subject to the development standards of SP 208 as previously discussed. There are incidents where these development standards supersede both the RD-M zone and the PD ordinance. Listed in the table below are the PD standards that are relevant to the project not already discussed in the SP 208 discussion. The proposed 12-unit’ small lot detached single family project meets or exceeds the requirements of the Planned Development regulations as outlined in the table below: CT 02-25/SDP 02-10PUD 02-13 - NORTHPARK AT LA COSTA June 18,2003 Page 6 Planned DeveloDment ComDliance Standard Lot Sizes Lot Width Setbacks Resident Parking Architectural Design Elements Recreation Space (Private) Community Recreation Space Storage &ace Private Driveway RV Storage Reauired/Allowed 3,500 square feet 40 feet Front Yard (from Levante Street, lots 8-12) - 15 feet From Private Driveway: Garage 5 feet Residence 8 feet Rear (lots 8-12) 5 feet 2-car garage per unit Must comply with City Council Policy 44 Neighborhood Architectural Design Guidelines 18’ x 18’ of useable rear yard area 15 ’ x 15 ’ of useable side yard area for units with alley- loaded garage (lots 1-8) 200 square feet of centralized community recreational space per unit. (12 x 200 = 2,400 square feet) 392 cubic feet Der unit Minimum 24 feet wide Not required for project with less than 25 units ProDosed 4,025 to 4,819 square feet 44.44 to 52 feet 15 feet Garages and Residences are setback a minimum of 12 feet 5 feet 2 car garage per unit Complies (See Below) Provided for each unit Provided for each unit A common area passive park of not less than 2,400 square feet provided 398 to 482 cubic feet 24 feet wide N/A City Council Policy 44 Architectural Guideline Compliance The City Council, via Policy 44 (Neighborhood Architectural Design Guidelines), established special architectural guidelines. Similar to the Architectural Standards of SP 208, these guidelines require the architecture to be enhanced on the project units. The proposed 12-unit, small lot detached single family project complies with the requirements of City Council Policy 44 in that the units include single story building edges, separate building planes on all elevations, varied roof heights, front porches, visible entry ways, recessed doors and windows and a variety of architectural design elements such as varied window shapes, columns, exterior wood elements, varied garage door and entry treatments, window and door lintels and accent materials including brick, stone and shingles. CT 02-25/SDP 02- 1 OPUD 02-1 3 - NORTHPARK AT LA COSTA June 18,2003 D. Qualified Development Overlay Zone The subject property is zoned Residential Density Multiple Zone with the Qualified Development Overlay Zone (RD-M-Q). These lots are located adjacent to properties zoned single-family residential (R- 1) and developed with single-family homes. The Q Overlay Zone on the subject property requires the processing of a Site Development Plan to ensure compliance with the purpose and intent of SP 208. The 12-unit, small lot detached single-family project meets the required four findings for the Qualified Development Overlay Zone as outlined below: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that a) the site can easily accommodate the proposed twelve detached single family homes while complying with all of the applicable City standards for the development; b) the project is consistent and compatible with the existing surrounding single-family and multi-family residential developments, in scale and design; c) the vacant site has been previously graded and devoid of any significant or sensitive vegetation; d) the proposed density of 9.03 dwelling units per acre is consistent with the Residential Medium High Land Use designation; e) the project will provide housing affordable to lower income households on site; f) the project is consistent with the exterior and interior noise standards; and, g) the additional 120 traffic trips generated by the project can be accommodated by Levante Street and La Costa Avenue (local street and secondary arterial) serving the project site. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the site can accommodate the proposed twelve single family homes while providing all required setbacks, recreation space, guest parking and the project complies with all City Ordinances and standards, including the Levante Street Development Standards and Design Guidelines and the PD Ordinance, without the need for a variance to any of the standards. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project site will be surrounded by a solid wall or fence; will provide common landscaping along the La Costa Avenue frontage; the proposed development meets all applicable setbacks of the underlying zone and the Levante Street Development Standards and Design Guidelines; and the project architecture is compatible with the surrounding single-family and multi-family residential uses as well as the guidelines of City Council Policy No. 44 and the Levante Street Design Guidelines. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is served by La Costa Avenue, a secondary arterial, and Levante Street, a local street, which have been designed to accommodate the 120 Average Daily Trips (ADT) generated by the project. CT 02-25/SDP 02- 1 O/PUD 02-1 3 - NORTHPARK AT LA COSTA June 18,2003 STANDARD IMPACTS Citv Administration 44.47 sa. fi. E. Subdivision Ordinance COMPLIANCE Yes The Engineering Department reviewed the proposed tentative map and concludes that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code). No condition(s) will be placed on the project regarding street infrastructure as all frontage improvements have already been installed to City Standards. Access to the site will be from a private driveway off of Levante Street. The proposed ample building setbacks will allow for adequate air circulation and the opportunity for passive heating and cooling. All public facilities needed to serve the project are or will be in place prior to, or concurrent with, development. Library Waste Water Treatment F. Inclusionary Housing Ordinance 23.73 sq. fi. Yes 12 EDU Yes The proposed Northpark at La Costa development involves the creation of residential units through a subdivision and, therefore, must provide its proportionate share of housing affordable to lower-income households as specified in the Inclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance). The inclusionary housing requirement for this project is two dwelling units. The project proposes to construct two attached Second Dwellings Units to satis@ their lower income inclusionary housing requirement. Pursuant to Section 21.85.070 of the Inclusionary Ordinance, this request to satisfy inclusionary housing through the development of two Second Dwelling Units requires the approval of the City Council. The rent restricted Second Dwellings Units will be located on lots 8 and 12 and will be architecturally integrated into the main dwelling unit. In the event that City Council does not approve the request to satisfy inclusionary housing through the development of two Second Dwelling Units, the Housing and Redevelopment Director is allowing the applicant the option to purchase affordable housing credits within the Villa Loma apartment project, located south of Palomar Airport Road and west of El Camino Real. Since the Villa Loma development is contiguous to the quadrant in the which the market rate units are proposed, it can provide affordable housing credits for projects within both the southwest and southeast quadrants, subject to approval of the Housing and Redevelopment Director. By providing two second dwelling units or having the option to purchase credits for units within Villa Loma, the Northpark at La Costa development is providing its fair share of housing affordable to lower income households and, therefore, is consistent with the Inclusionary Housing Ordinance. G. Growth Management The proposed project is located within Local Facilities Management Zone 6 in the southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below. a3 CT 02-25ISDP 02- 1 OPUD 02- 13 - NORTHPARK AT LA COSTA June 18,2003 Parks Drainage Circulation Fire Pane 9 .088 acre (3,833 sq ft) Yes 4.01 CFSiBatiquitos Basin Yes 120 ADT Yes Station No. 6 Yes STANDARD Sewer Collection System Water ~~~ I Open Space I o acres I N/A I 1 elementary 1 junior high 1 high school IMPACTS COMPLIANCE 12 EDU Yes 2,640 GPD Yes I Schools I San DieguitoEncinitas I Yes 1 The project is 5.8 units below the Growth Management Dwelling Unit allowance of 17.8 dwelling units for the subject property. V. ENVIRONMENTAL REVIEW Section 15332(a) of CEQA exemptions (Class 32) exempts the construction of projects characterized as in-fill development meeting the conditions described as follow: (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the project site has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. A Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. Planning Commission Resolution No. 5422 (CT) Planning Commission Resolution No. 5423 (SDP) Planning Commission Resolution No. 5424 (PUD) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Reduced Exhibits Exhibit “A” - “M’ dated June 18,2003 GF:bd:mh BACKGROUND DATA SHEET CASE NO: CT 02-25ISDP 02-10/PUD 02-13 CASE NAME: Northpark at La Costa APPLICANT: Touchstone Communities REQUEST AND LOCATION: 12 single-family detached homes and two second dwelling units located along the north side of Levante Street between La Costa Avenue and Centella Street in the southeast quadrant of the City. LEGAL DESCRIPTION Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego. State of California, according to the Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County, October 18, 1972. APN: 223-170-21 & 22 Acres: 1.55 acres. Proposed No. of LotsNnits: 14 lotdl2 units GENERAL PLAN AND ZONING Land Use Designation: RMH-Residential Medium High Density Allowed: 8 - 15 units per acre Existing Zone: RDM-O Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Density Proposed: 9.03 du/ac Proposed Zone: N/A Zoning Land Use Site RDM-Q Vacant North R1-7500 Single-Family Residential South RDM-Q Fire StationNacant East Planned Community Residential (Condominium ownership) West RDM-Q Multi-family (Condos) PUBLIC FACILITIES School District: EncinitadSan Diemito Water District: Olivenhain Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): 12 ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other Notice of Exemption CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: CT 02-25lSDP 02-10PUD 02-13 LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RMH ZONING: RDM-O DEVELOPER’S NAME: Touchstone Communities ADDRESS: 11668 Sardis Place. San Dieno, Ca 92131 PHONE NO.: 858-204-1342 ASSESSOR’S PARCEL NO.: 223-170-21 & 22 QUANTITY OF LAND USEBEVELOPMENT (AC., SQ. FT., DU): 1.55 acres ESTIMATED COMPLETION DATE: Winter 2004 A. B. C. D. E. F. G. H. I. J. K. L. -~ City Administrative Facilities: Demand in Square Footage = 44.47 Library: Demand in Square Footage = 23.73 Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = .088 Drainage: Demand in CFS = 4.01 12 EDU IdentifL Drainage Basin = Batiquitos Circulation: Demand in ADT = 120 Fire: Served by Fire Station No. = 6 Open Space: Acreage Provided = NIA Schools: Elm=3.13. JHS=.864, HS=l.63 Total=5.624 Sewer: Demands in EDU 12 EDU Identify Sub Basin = NIA Water: Demand in GPD = 2,640 The project is 5.8 units below the Growth Management Dwelling unit allowance. - City of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownershp 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, fiaternal 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 persons having a financial interest in the application. If the applicant includes a comorahon or UartnershiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned comoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person K‘SPIM G ARZA CorpPart 7bL(&STONC&MMUNInES ,LLc Title Title MAN&EtZ? ~CWY 6MZR Address Address \\US S&@ IS putclE.<p NW INDIVIDUALS OWN MORE T” 10% OF THE SHARES, PLEASE INDICATE NON- CA q21’3\ 2. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL, names and addresses of 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 comoration or DartnershiD, 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 publiclv- owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) 1635 Faraday Avenue Carlsbad. CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us 8 3. NON-PROFIT uKGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonmofit oraanization or a trust. 1st 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 Profiflrust Non ProfitiTrust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Co&ittees and/or Council within the past twelve (12) months? 0 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. ?o - I-02 Signade oy&plicant/date NANh&U L€VhPJr€ I2,Ut TOU&STO~E LOMWW Ins, LCC Print or type name of owner Print or type name of applicant Signature of ownedapplicant’s agent if applicablejdate Pnnt or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 a8 Page 2 of 2 3; 8; $9 n u z z+ a -I 11 I 30 FRONT ELEVATION 1A 1 B"=1 *e i [I t FRONT ELEVATION 1 B 1/8"=1'-0" FRONT ELEVATION 1C 1 B"rl'0" 33 FAMILY CTR. CPT V n COURTYARD mnc P KITCHEN NOOK ns v I DINING ROOM 1 I 1 m LIVING ROOM wr V FIRST FLOOR PLAN 1A lW=l'-V 34 PM3 BEDRM. 3 CPT V /I M. BEDRM m 0 , HALL CPTP SECOND FLOOR PLAN 1A 1/8%1'-0" 35 FRONT ELEVATION 2A 1/8"=1'4" b FRONT ELEVATION 28 1 /B"rl '-0" 36 FRONT ELEVATION 2C 1Bn=lse 37 PLANE 1 I r L FAMILY CENTER CPT W OPT. BEDRM. 5 CPT LIVING CK W PUK 1 FIRST FLOOR PLAN 2A 7 mw-r 38 c BA.2 ns e RAN3 1 M. BEDRM CPT e PLANE 2 SECOND FLOOR PLAN 2A lB"=l'-O" 39 7 FRONT ELEVATION 3A 1 B*=1'-oH FRONT ELEVATION 38 lB"=1'4Y I FRONT ELEVATION 3C 1 fa”-l’-o“ ------- 1 RAMI I I FAMlLY CENTER CPI P 3 CARTANDEM GA~AGE cayc -. '\ P '\\ ' 8. /' LIVING me FIRST FLOOR PLAN 3A i w=i *-on 44 BA.2 no v PLANE 3 SITTING M M. BEDRM cm 9 PLANE 3 M D 9 I M. BEDRM cm BEDRM. 2 CPT V M 1 D I OPEN TO BELOW BEDRM. 4 BEDRM. 3 FUNE 3 \ L SECOND FLOOR PLAN 3A imiw-O" 43 1 IRI I DI IYF 1 I IW 1 II u FRONT ELEVATION 4A 1 la% 1 '# . RAM 1 FRONT ELEVATION 4B 1 law '-0" I PLANE 1 I I 1CARGARAGE I I I I I NOOK ns c K FAMILY CENTER HE K DINING CPl P LIVING CPl c FIRST FLOOR PLAN 4A 1 w=1 'e 45 \ PUNE 3 SECONDARY DWELLING UNIT w KllCHM AREh BEDRM. 2 m D f 3 UTIL. BEDRM. 3 m 0 LOFT mc M. BEDRM m v SECOND FLOOR PLAN 4A 1/8"=1'-0" Planning Commission Minutes June 18,2003 5. CT 02-25/SDP 02-1OlPUD 02-13 - NORTHPARK AT LA COSTA - Request for a Tentative Tract Map, Site Development Plan and Planned Unit Development Permit to allow the development of a 14-lot subdivision consisting of 12 single-family dwellings plus two second dwelling units on property generally located on the north side of Levante Street between La Costa Avenue and Centella Street in Local Facilities Management Zone 6. Mr. DeCerbo introduced Item 5 and stated that the Planning Commission’s decision would be forwarded to the City Council for the final decision. He stated that Assistant Planner, Greg Fisher, would make the presentation. Chairperson Baker opened the public hearing on Item 5. Assistant Planner, Greg Fisher, presented the Staff Report stating that Item 5 is a project called Northpark at La Costa that needed a Tract Map, a Site Development Plan, and a Planned Unit Development Permit. He stated that this property was located at the intersection of Levante Street and La Costa Avenue in the southeast quadrant. It is located across the street from the Casa La Costa project. The property is 1.55 acres and would have 12 single-family two-story homes on lots ranging from 4,025 to 4,819 sq ft. There will be one open space lot for a common passive recreational area and one private driveway lot for the project. Mr. Fisher reviewed photos of the vacant property. He described the site plan and stated that it would include a variety of architectural styles. He stated that the project is subject to the City Council Policy 66, the Livable Neighborhood Guidelines that is intended to create a neighborhood with a sense of community identity, which this project has with its overall orientation and interesting architectural elements. The zoning of this property has a Q Overlay designated as a Residential Density Multiple (RDM) Zone. Mr. Fisher reviewed the elements and specific plan for this project explaining the requirements for consistency with the surrounding area. The inclusionary housing requirement for this project is proposed to be met by two attached second dwelling units situated on Lots 8 and 12. Staff recommends approval of these units but they will need to be approved by the City Council. He summarized that the proposed use and density of the project is consistent with the City’s Zoning Ordinance and General Plan designation and it complies with the Planned Development (PD) Ordinance, Specific Plan 208, City Council Policy Plan 44, and City Council Policy 66. He commented that there were numerous ordinances that pertained to this property and is different from Casa La Costa. There are some development standards that are located within the PD Ordinance or the underlying zoning which is the RDM and within the Specific Plan 208. This project was developed with the most restricted development standards. He concluded with the recommendation that the Planning Commission adopt the proposed Resolution approving the Tentative Map, recommend approving the Site Development Plan and the Planned Unit Development. Commissioner White asked Mr. Fisher to clarify the proposal to have two second dwelling units to satisfy the affordable housing agreement. She stated that it was her understanding that those units would not have to be rented and the homeowner could use the unit as a guesthouse or a granny flat. Mr. Fisher confirmed that the second dwelling unit would not be required to be rented but that if it were, the rent would be restricted by agreement with the Housing and Redevelopment Department. Commissioner Dominguez stated his concern about this having two dwelling units that could easily get lost in the shuffle with the other developments that have only one or two affordable housing units. He expressed concern about the consistency of monitoring these units to ensure that they are in the intended pool of such housing. He asked if the applicant was insistent on not buying housing credits. Mr. Fisher replied that the applicant would like the City Council to make a judgment about the proposed arrangement although he would have the opportunity to buy credits in Villa Loma. Commissioner Montgomery asked about Lot 13 being designed for drainage down to Levante. He asked what the biofilter mechanism was. Mr. Wojcik stated that it functioned as a swale and because of the limited space, it would be rectangular with retaining walls on either side. He stated that the biofilter was a biological filter that runs the storm water through some type of vegetation to remove some of the solids and pollutants to have it percolate into the ground. They would have fencing along that swale so if there was any depth of water during a storm, it would be fenced to prevent kids from getting to it. As it approaches the public street, there are sidewalk underdrains. 47 Planning Commission Minutes June 18,2003 Page 22 Commissioner Whitton asked if the one-car garage on Lots 8 and 12 would be dedicated to the secondary dwelling units. Mr. Fisher stated that Lots 8 and 12 were the only lots that would have three- car garages but that he wasn’t sure that the extra space was for the additional unit. He stated that there would be six on-site guest parking spaces in the project as well as a nearby public street that would allow for such parking. Mr. DeCerbo commented that under the second dwelling provisions of the Municipal Code, parking requirements can be satisfied through tandem parking in the driveway. There is no requirement for an additional parking space. Mr. Fisher stated that the driveway would not be big enough in this case to accommodate a car. Commissioner Whitton observed that there is no mention in the conditions of the second dwelling units being rent restricted. Ms. Mobaldi replied that that condition would be included in the affordable housing agreement when the tenant is income qualified. Commissioner Whitton countered that he felt this was somewhat of a shell game because an affordable secondary dwelling unit is not required to be used as such. If it is used as such, then the owner negotiates the deal with the housing authority. Mr. Fisher stated that this was an acceptable way to meet the inclusionary housing requirement. Commissioner Segall noted that this issue has created concern for others on the Commission every time it comes up. Chairperson Baker invited the applicant to make a presentation. Dennis O’Neil, 10085 Pebble Creek Lane, El Cajon, 92021, with Touchstone Communities representing the applicant, stated that he was present to answer any questions the Commission may have. Commissioner White asked if the City were to ask the applicant to pay credits for Villa Loma instead of using the two secondary dwellings for inclusionary housing, if the applicant would build those dwellings anyway because there is a market for large homes that have the extra apartment. Mr. O’Neil stated that he believed that they would be built anyway because the architecture has already been designed. He understood that they were in compliance with the Code and they had directed the architect to design for those secondary units, which will stand-alone. Commissioner Whitton asked if the one-car garage would be associated with the secondary unit. Mr O’Neil confirmed that it would be. Chairperson Baker asked if the one-car garage was separated by a wall. Mr. O’Neil stated that there was an option to put a wall in, but if the unit was not rented, then the wall would not be built and the home would have a three-car garage. Ms. Mobaldi advised that even the purchase of credits in this instance, which is different than an in lieu fee, would have to be approved by the City Council. Theoretically, Council could say they had to build their inclusionary housing as part of this development and it couldn’t be a second dwelling unit. As a practical matter in a smaller development, the housing policy team has recommended that second dwelling units or purchase of credits be allowed. The in-lieu fee is only applicable when there are less than seven units. Chairperson Baker asked if the elevations on the rears of the homes would be attractive for those across the street looking at them. Mr. Fisher stated that the rear elevations have been spruced up to look good for precisely that reason. Chairperson Baker asked where the yards would be. Mr. Fisher indicated on the maps where the yards would be. Chairperson Baker stated that she had been to this property that day and saw some homes being built on another lot south of Levante and asked about that. Commissioner Segall said it was on the Q-Overlay. Mr. Fisher indicated on the map where that was located on the north side. He stated that the owner, Mr. Mathis, had proposed plans to develop one single-family home on each lot. Chairperson Baker asked if those had to follow the same Q-Overlay that the rest had to follow. Mr. Fisher said that they would. Commissioner Segall asked if the single-family home didn’t have to come before the Planning Commission even if it’s in the Overlay. Mr. Fisher confirmed that a single-family home did not need to come before the Commission. He reported that the owner, however, was considering splitting the lot into a subdivision in which case it would come before them. Planning Commission Minutes June 18,2003 Page 23 Chairperson Baker opened public testimony and invited those who would like to speak to the podium. Chris Young, 3308 Azahar Place, Carlsbad 92009, stated that he had lived at this address since 1985 and is one of the residents living below this proposed development in the cul-de-sac. He stated that 15 years ago he and a group of residents worked with both Staff and the City Council when the first development on the five lots was built winning their approval to create the Q-Overlay regarding limiting certain height restrictions and increasing setbacks and landscape buffer zones. The objective was to prevent a wall-like fortress along the edge of the five lots for those living below those lots. He stated that he felt the density was somewhat high for this project, but his primary concern is the rear view. He asked if grading was planned for the lower lot to bring it to the level of the first lot, defeating the whole idea of what the Q-Overlay created. He expressed concern about the traffic issue in the area with cars congesting at the Levante stoplight. Martha Baron, 331 1 La Costa Avenue, Carlsbad, stated that her property was connected to the back of the proposed project. She stated that she had gardens that she terraced and built that cost over $50,000 and she was concerned about the grading that would take place. She stated that she wanted to be sure that her property wasn’t damaged while the building occurred. Chairperson Baker closed public testimony and asked Mr. Fisher to address these concerns. Mr. Fisher reiterated that the density of the project was just over 9 units per acre, which was on the low end of the allowed 8-1 5 per acre. Technically the developer could put 3-6 more units on this property if it were redeveloped into an apartment or condominium project. With regard to the rear architecture, he stated that it did have articulation and different building planes. The landscaping easement is on the furthest lot to the west that will have a buffer zone between the project and the single-family homes nearby. Mr. Fisher reviewed the history pertaining to this project stating that the project was approved in the late 1980’s and it went to appeal to the City Council who denied the appeal and approved the Planning Commission’s decision. After that, the homeowners in the area persuaded the City Council to direct Staff to participate in adopting this Specific Plan that had its own development standards. One of the issues was the homes that would overlook the existing single-family homes below. The standard for the rear yard setback was increased considerably. The developer would like to work with the homeowners with regard to the fencing. Everything proposed is within the Code. Mr. Wojcik responded to the question about fill on the lower lot explaining that the existing elevation of the lower lot is 288 ft. and the proposed pads are from 290.3 ft. to 292 ft. Chairperson Baker asked which lot numbers this pertained to. Mr. Wojcik answered Lots 1, 2, and 3 would be raised 3-4 feet. Chairperson Baker noted that La Costa Avenue slopes as it goes west and asked if these properties slope as well as they go west. She asked how much further below the project the properties on Azahar were. Mr. Wojcik replied that it went down to an elevation of 282 ft. making the difference 8 ft. Commissioner Segall asked Mr. Fisher if the rear elevations would all be the same on Lots 1-7 stating that the layout of the homes all look the same. Mr. Fisher replied that City Policy 44 says there must be different building planes for the front and rear of the properties. He stated that these architectural guidelines have been met in this project. Chairperson Baker asked Mr. O’Neil to address Ms. Baron’s concerns about grading the property and asked if there were any assurances they could give her that her gardens would remain undamaged. Mr. O’Neil stated that they would not go on her property at all. Chairperson Baker asked Mr. O’Neil to comment on the rear elevations. Mr. O’Neil stated that he didn’t know the details about the rear elevations other than they complied with the design guidelines. He stated that the project had a good color scheme and variation in roof. He didn’t know if the sidings would wrap to the back, but the color would wrap to all four sides. Commissioner Whitton asked what the height difference was from the rear elevations to Mr. Young’s home below. Mr. O’Neil stated that it was more than 8 feet. Commissioner Whitton asked if no fencing or open fencing would, therefore, be appropriate in the back rather than a block wall. Mr. O’Neil stated that it probably would and pointed out that there was mature vegetation on that slope currently. With regard to the grading, he added that there were two large Planning Commission Minutes June 18,2003 Page 24 development pads that would be stepped along the edge with a foot difference between each one accounting for the 3-4 ft difference of fill in the middle. Commissioner Montgomery asked if they were cutting into a portion of one parcel to fill in the other. Mr. O’Neil said that was correct. Commissioner Segall stated that he needed more information about the rear elevations. Mr. Grim stated that the footprint does look similar for all the homes, but that there are differences in the windows and roof features. Each faGade does not have a different articulation. Commissioner Segall stated concern about that similarity. The Commissioners then took a few minutes to examine the plans with the Staff and Engineers. Commissioner Montgomery asked if there was any proposal for a traffic signal to be installed at Levante and La Costa Avenue. Mr. Wojcik replied that there was a condition added to this project that the developer pay a proportionate share based on ADT for a signal at that intersection. There is no schedule currently as to when that signal would be installed, however. The Transportation Division has proposed a study on La Costa Avenue because of the general concerns expressed by residents in that area. Commissioner Montgomery asked if there was reason to believe a signal would be installed at some point. Mr. Wojcik stated that the Transportation Division analyzes intersections for meeting the Caltrans traffic signal warrants, including accidents, and if one or more warrants are met, the intersection could be considered for having a traffic signal installed. Commissioner Segall asked if Lot 3 could be reversed so that it’s identical to Lot 6 to break up the rear fasade. Mr. O’Neil responded that he was not prepared to say that they would reverse it as they would have to consult the civil engineer first. He stated that he wasn’t averse to it, however. Commissioner Whitton observed that a number of them had significant concerns about this project and stated that he would prefer to have the answers to questions about the second dwellings and the rear elevations before voting on this Item. Chairperson Baker suggested that they make this recommendation subject to the approval of the Planning Director rather than continue this project. Mr. DeCerbo confirmed that they could put a condition on the project that the rear elevations are revised to provide a variety and subject to the approval of the Planning Director. Commissioner Segall agreed with this as long as it was clear that they didn’t have three units in a row that look identical. Commissioner White added that they meant a different profile not just enhanced window treatments, but rather a different roofline. Commissioner Dominguez stated his concern that they were approving a quasi-legal document, a Site Development Plan. Ms. Mobaldi stated that she felt that it would be fine since they had expressed how they specifically wanted it changed. She said they could clarify that if what they were requesting turned out not to be feasible that they would want to see the project again. Commissioner Dominguez asked Ms. Mobaldi if they could recommend to the City Council that they do not allow these secondary units to satisfy the inclusionary housing requirements. Ms. Mobaldi stated that they could. DISCUSSION Commissioner Dominguez stated that he would like to see some real enhancements on this project and suggested continuing the project. He wanted to adamantly recommend that the proposed inclusionary housing credits not be accepted by the Council. Commissioner Segall asked Mr. DeCerbo if colored rear elevations were required. Mr. DeCerbo stated that all sides of each unit should be shown in the report but not necessarily in color. Commissioner Segall asked to see the color rear elevations. Mr. O’Neil stated that they had worked closely with the Staff to meet and exceed the design guidelines with variation in architecture. He stated that they would be willing to work further with Staff, but wondered why they would be asked to continue this if they had met the requirements. Commissioner Montgomery 3-0 Planning Commission Minutes June 18,2003 Page 25 replied that it was the Q-Overlay that had the Commissioners reviewing this because the Q-Overlay was based upon the wishes of the owners below the property. The Q-Overlay is in place so that the developments above are satisfactory, and that is subjective. Chairperson Baker confirmed that it was discretionary and up to the Planning Commission to decide. Chairperson Baker discussed the secondary dwelling units being used as inclusionary housing when there’s no mechanism to force those units to be rented. She didn’t feel that they should be counted for low-income or inclusionary housing. She recommended to the City Council that they insist that the developer buy into Villa Loma. Commissioner White concurred and stated that she would like to hear from the Housing Office as to how it was decided that these secondary dwelling units can be used to satisfy the inclusionary housing requirements. Commissioner Whitton stated that he understood that the secondary dwelling units are units approved by the City Council but felt that this was a shell game and wanted some clear guidance on this matter. He stated that he did not feel these units should be counted as inclusionary housing. Commissioner Dominguez concurred with Commissioner Whitton. Commissioner Montgomery stated that he felt the secondary dwelling units could be included if it was walled off and a true separate apartment, but by not enforcing the walled-off apartment, that causes an issue. Commissioner Heineman asked Ms. Mobaldi if State regulations were partly at fault in their concerns with these secondary units. Ms. Mobaldi clarified that in order to self-certify the Housing Element, which the City of Carlsbad is working towards, certain standards must be met which she understood would be met when they presented their next Housing Element. She believed that second dwelling units could be counted towards affordability if they are rent restricted and income qualified. Currently they are not mandated to allow second dwelling units to be used to satisfy the inclusionary requirement. Commissioner Heineman stated he viewed it as an unsatisfactory situation and agreed with his fellow Commissioners. Commissioner Segall agreed also adding that with so many home-based offices now that even with a walled-off unit, it is an ideal office situation and allowing credit for inclusionary housing defeats the purpose. Ms. Mobaldi added that secondary units are walled off in that they have to have a separate entrance, so it is an individual unit distinct from the house. Chairperson Baker stated that it had a connecting door. Chairperson Baker asked for a motion. MOTION ACT1 ON : Motion by Commissioner White, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5422 approving CT 02- 25, and adopt Planning Commission Resolutions No. 5423 and 5424 recommending approval of SDP 02-10 and PUD 02-13 based upon the findings and subject to the conditions contained therein and subject to the Planning Commission’s direction to the applicant that the applicant submit new rear elevation plans subject to the approval of the Planning Director based upon the discussion that the Commission had that evening regarding footprints and rear elevations on units 1-7 and subject to the Planning Commission’s concern about the use of the secondary dwellings as an acceptable means to satisfy the applicant‘s affordable housing requirement. Commissioner Segall stated that he would be willing to support this and not delay it for a month if part of it is that Lot 3 is reversed so there aren’t three houses in a row and that the Planning Director ensures that there is enough diversity in elevations between all of the homes so they don’t repeat each other. Planning Commission Minutes June 18,2003 Page 26 Commissioner Heineman stated that he was in favor of the motion. Commissioner Montgomery stated that he was in favor of the project. Commissioner Dominguez stated that he would be opposing the project. Commissioner Whitton stated that he also would be opposing the project as it stands. Commissioner White stated that she could support the project with those conditions. Chairperson Baker stated that she could also support the project with the conditions. Ms. Mobaldi asked if the Commission was specifying that Lot 3 was the one that had to be reversed. Commissioner Segall stated that it had to be Lot 3 or there would be three in a row. Commissioner Dominguez stated that he felt they really didn’t know what they were buying into with this and that he didn’t feel the direction provided in the motion was clear enough. Ms. Mobaldi suggested that if Lot 3 could be reversed then the Planning Director could decide its fate, but if it could not be reversed, then the project would have to come back before the Commission. Chairperson Baker called for a vote. VOTE: 5-2 AYES: NOES: Whitton and Dominguez ABSTAl N : None Baker, Heineman, Montgomery, Segall, and White NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, [DATE], to consider a request for approval of a Site Development Plan and Planned Unit Development Permit to allow the development of a 14-lot subdivision consisting of 12 single-family residential lots, one open space lot, and one private driveway lot to accommodate 12 detached single-family dwellings plus two second dwelling units on property generally located on the north side of Levante Street between La Costa Avenue and Centella Street in Local Facilities Management Zone 6 and more particularly described as: Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County, October 18, 1972 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after [DATE]. If you have any questions, please call Greg Fisher in the Planning Department at (760) 602-4629. If you challenge the Site Development Plan and Planned Unit Development Permit, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: SDP 02-1 O/PUD 02-1 3 CASE NAME: NORTHPARK AT LA COSTA PUBLISH: [DATE] CITY OF CARLSBAD CITY COUNCIL From: Greg Fisher To: Ray Patchett Date: 9/8/03 3: 1 OPM Subject: Northpark at La Costa - CC Hearing item Good afternoon Ray, Cindee Hollingsworth asked me to send you this email regarding Ramona's question. There is a proposed wall constructed of concrete block and plexiglass located behind lot 7. This wall was required per the acoustical report (noise study) performed on the project to help mitigate noise levels along La Costa Avenue. The top half of the wall is constructed of plexiglass because of the view amenity towards the northwest from this site. There is also a wall that varies in height up to a six feet located along the easterly property line (side) for lot 7 and continues south along the guest parking area and passive park area. This wall is also required to help reduce noise impacts from La Costa Avenue. The wall height near the front of the passive park area is 30 inches not 30 feet. Please let me know if there are further questions. Greg Fisher Greg Fisher Assistant Planner City of Carlsbad (760) 602-4629 phone (760) 602-1052 fax gfish@ci.carlsbad.ca.us 4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, September 9, 2003, to consider a request for approval of a Site Development Plan and Planned Unit Development Permit to allow two second dwelling units in conjunction with a 14-lot subdivision on property generally located on the north side of Levante Street between La Costa Avenue and Centella Street in Local Facilities Management Zone 6 and more particularly described as: Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County, October 18, 1972 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September 5, 2003. If you have any questions, please call Greg Fisher in the Planning Department at (760) 602-4629. If you challenge the Site Development Plan and/or Planned Unit Development Permit, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. 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92009-7713 CARLSBAD CA 92009-6409 TERRILL L FLANAGAN 3313 VIVIENDA CIR CARLSBAD CA 92009-7713 KIRK & PATRICIA KING 3307 VIVIENDA CIR CARLSBAD CA 92009-7713 MARK MAWAZINI 3301 VIVIENDA CIR CARLSBAD CA 92009-7713 JAMES M & LISA SINGER 3340 VIVIENDA CIR CARLSBAD CA 92009-7712 JONATHAN NERENBERG 3204 CARVALLO CT CARLSBAD CA 92009-7702 KATHLEEN A SCHRADER 3210 CARVALLO CT CARLSBAD CA 92009-7702 MICHAEL EPPERLY ADAM & DASA GUZIK 3311 VIVIENDA CIR 1374 WINDSOR RD CARLSBAD CA 92009-7713 CARDIFF CA 92007-1347 BOLAND & PARKE COMMUNIT JAMES W ARSLANIAN 3305 VIVIENDA CIR 3303 VIVIENDA CIR CARLSBAD CA 92009-7713 CARLSBAD CA 92009-7713 POOYA & NIKKI DARUGAR MICHAEL A BERRIER 5546 CARRIAGE LN 3342 VIVIENDA CIR SANTA ROSA CA 95403-1369 CARLSBAD CA 92009-7712 TR CORNWELL JEFF ADAMOFF 7035 ELFIN OAKS RD 3202 CARVALLO CT ESCONDIDO CA 92029-5906 CARLSBAD CA 92009-7702 TR MCGREGOR THOMAS M SOULLIERE 3206 CARVALLO CT 3208 CARVALLO CT CARLSBAD CA 92009-7702 CARLSBAD CA 92009-7702 H J & ELLEN HAINES ROBERT PORTER 3212 CARVALLO CT 3217 CARVALLO CT CARLSBAD CA 92009-7702 CARLSBAD CA 92009-7702 MARGARET A KORNACKER GILBERT M DINGLEY TR KERNS 3215 CARVALLO CT 3213 CARVALLO CT 1844 HAYMARKET RD CARLSBAD CA 92009-7702 CARLSBAD CA 92009-7702 ENCINITAS CA 92024-1017 TR DEHUFF CHRISTOPHER M HINSHAW BARRY J NIMAN 1036 CALAVERAS DR 3207 CARVALLO CT 7585 DELGADO PL SAN DIEGO CA 92107-4126 CARLSBAD CA 92009-7702 CARLSBAD CA 92009-7705 LOUIS N & MARY PAQUIN DAVID L TREPANIER MARJORIE T ACQUISTAPACE 7583 DELGADO PL 7581 DELGADO PL 7579 DELGADO PL CARLSBAD CA 92009-7705 CARLSBAD CA 92009-7705 CARLSBAD CA 92009-7705 ALONZO E HUNTER GREGORY S KEPPLER PHILIP & PAULA KACSIR 7577 DELGADO PL 781 S NARD0 AVE 06 7573 DELGADO PL CARLSBAD CA 92009-7705 SOLANA BEACH 92075-2339 CARLSBAD CA 92009-7705 MARY E HORNER JASON T & JAMIE PATTON CONCEPCION M GARCIA 7571 DELGADO PL 7599 CALOMA CIR 7597 CALOMA CIR CARLSBAD CA 92009-7705 CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 ' FRED L & ANNE EADY TR GILL SONNY ZANTUA 7595 CALOMA CIR 7593 CALOMA CIR 7591 CALOMA CIR CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 LEONID GORNIK MITSUHIRO UCHIMURA JEFFREY COHEN 7589 CALOMA CIR 7587 CALOMA CIR 7585 CALOMA CIR CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 GARY K & KAREN SAUNDERS ROBERT L FELL JAMES P & JUDY PINPIN 7583 CALOMA CIR 7581 CALOMA CIR 7579 CALOMA CIR CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 DAMON R WEISSER MARILYN MARTINEAU GREGORY J CARROLL 7577 CALOMA CIR PO BOX 632722 7573 CALOMA CIR CARLSBAD CA 92009-7714 SAN DIEGO CA 92163-2722 CARLSBAD CA 92009-7714 ROBERT W & TAMARA KEEFE MARVIN L CRENSHAW TR SCHMIDT 7571 CALOMA CIR 823 MORNING SUN DR 7336 CADENCIA ST CARLSBAD CA 92009-7714 ENCINITAS CA 92024-1935 CARLSBAD CA 92009-7624 JERRY & SHERYL PORTNOY RENEE FANNIN ANTHONY C NENKO 7565 CALOMA CIR 7563 CALOMA CIR 2436 SACADA CIR A CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 CARLSBAD CA 92009-8041 SAM & MAY MORISHIMA MARILYN A & DANA SHERTZ MARIA C RODRIGUEZ 2540 DONNER WAY 7557 CALOMA CIR 7555 CALOMA CIR SACRAMENTO CA 95818-3933 CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 SUBHASH NANGIA WILLIAM L SARATI TOMISLAV PETROVIC 7578 CALOMA CIR 7580 CALOMA CIR 7582 CALOMA CIR CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 CARLSBAD CA 92009-7714 TR MCDOWELL WILLIAM L KING ROXANNE P CORNEJO 7567 AGUA DULCE CT 7565 AGUA DULCE CT 2533 THISTLE CREEK ST CARLSBAD CA 92009-7701 CARLSBAD CA 92009-7701 SANTA ROSA CA 95404-7739 YU PA1 ANDREW & KAREN MALKIN DEBRA A PATANELLA 3699 BARNARD DR 734 7559 AGUA DULCE CT 7557 AGUA DULCE CT OCEANSIDE CA 92056-4025 CARLSBAD CA 92009-7701 CARLSBAD CA 92009-7701 LOWELL E & AGNES GATES KIP R MEMMOTT MARY L CAMPBELL 7555 AGUA DULCE CT 914 SEA CLIFF DR 7551 AGUA DULCE CT CARLSBAD CA 92009-7701 CARLSBAD CA 92009-1139 CARLSBAD CA 92009-7701 RUSSELL A KURTZ TR RUBINS DOUGLAS W MCBAIN 7550 AGUA DULCE CT 7552 AGUA DULCE CT 7554 AGUA DULCE CT CARLSBAD CA 92009-7701 CARLSBAD CA 92009-7701 CARLSBAD CA 92009-7701 JOSEPH M MARSHALL DAVID A CHRISTIE STANLEY D JONES 1445 ROXBURY DR 7558 AGUA DULCE CT 118 3308 DORADO PL LOS ANGELES C 90035-2814 CARLSBAD CA 92009-7701 CARLSBAD CA 92009-7706 KEVIN & KAREN THOMSON F D CALLISON MARIA T DECASTRO 3310 DORADO PL 3312 DORADO PL 3314 DORADO PL CARLSBAD CA 92009-7706 CARLSBAD CA 92009-7706 CARLSBAD CA 92009-7706 LOUIS A STORROW JANE S BEVERIDGE ROBERT & BARBARA ONEIL 3316 DOMDO PL 3318 DORADO PL 3320 DORADO PL CARLSBAD CA 92009-7706 CARLSBAD CA 92009-7706 CARLSBAD CA 92009-7706 DAVID L & KATHLEEN HERR JUDITH A WHITE WENDY LOFTIN 3321 DORADO PL 3319 DORADO PL 3317 DORADO PL CARLSBAD CA 92009-7706 CARLSBAD CA 92009-7706 CARLSBAD CA 92009-7706 CHRIS R LADEN KENNETH S LAKE GEORGE W WALKER 3315 DORADO PL 7240 CARPA CT 1048 HYGEIA AVE CARLSBAD CA 92009-7706 CARLSBAD CA 92009-7812 ENCINITAS CA 92024-1708 REZA SIRY MIKE M FARSHCHI BRIAN K BACHI" 3309 DORADO PL . 6758 LOS VERDES DR 4 3305 DORADO PL CARLSBAD CA 92009-7706 RANCHO PALOS 90275-7609 CARLSBAD CA 92009-7706 DORIAN S LINKOGLE LAURA A GARVER JOHN A SELLS 41720 CALLE CABRILLO 3301 DORADO PL 3336 DEL RIO CT TEMECULA CA 52592-9201 CARLSBAD CA 92009-7706 CARLSBAD CA 92009-7815 TR OLSON JOHN R DELAND SCOTT FELD 7045 LLAMA ST 3350 DEL RIO CT 3352 DEL RIO CT CARLSBAD CA 92009-6520 CARLSBAD CA 92009-7815 CARLSBAD CA 92009-7815 CHARLES M BERNSTEIN JOHN B & JANE DORE DEBRA L WILSON 3354 DEL RIO CT 3353 DEL RIO CT 3351 DEL RIO CT CARLSBAD CA 92009-7815 CARLSBAD CA 92009-7816 CARLSBAD CA 92009-7816 JAMIE M PREVOST JOSEPH G CHAREST JOSE A GONCALVES 3349 DEL RIO CT 3347 DEL RIO CT 3345 DEL RIO CT CARLSBAD CA 92009-7816 CARLSBAD CA 92009-7816 CARLSBAD CA 92009-7816 TR DAVIDSON JORDAN & JUNK0 SCHUCKIT ABBY M GOLDEN 4925 RANCHO GRANDE 3341 DEL RIO CT 3339 DEL RIO CT DEL MAR CA 92014-4243 CARLSBAD CA 92009-7816 CARLSBAD CA 92009-7816 TR MURPHY WENDELL H BEVERIDGE DORIS N KERR 3337 DEL RIO CT 3335 DEL RIO CT 7808 ESTANCIA ST CARLSBAD CA 92009-7816 CARLSBAD CA 92009-7816 CARLSBAD CA 92009-8320 SAN D PRESBYTERY TR WRIGHT CHRIST PRESBYTERIAN CHU 8825 AERO DR 220 7806 ESTANCIA ST 7807 CENTELLA ST SAN DIEGO CA 92123-2292 CARLSBAD CA 92009-8320 CARLSBAD CA 92009-8316 *** 228 Printed *** NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, September 9, 2003, to consider a request for approval of a Site Development Plan and Planned Unit Development Permit to allow two second dwelling units in conjunction with a 14-lot subdivision on property generally located on the north side of Levante Street between La Costa Avenue and Centella Street in Local Facilities Management Zone 6 and more particularly described as: Lots 227 & 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County, October 18, 1972 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September 5, 2003. If you have any questions, please call Greg Fisher in the Planning Department at (760) 602-4629. If you challenge the Site Development Plan and/or Planned Unit Development Permit, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: SDP 02-10/PUD 02-13 CASE NAME: NORTHPARK AT LA COSTA PUBLISH: AUGUST 18,2003 CITY OF CARLSBAD CITY COUNCIL NORTHPARK AT LA COSTA SDP 02=1O/PUD 02-13 PROOF OF PUBLIC'TION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalLy of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 1 Sth Day of August, 2003 - This space is the County Clerk's Filing Stamp fLw-td s-a0-03 Proof of Publication of ~~ 1- I QD I NORTHPARK AT LA COSTA SDP 02-1WUD 02-13 %$E FlUk SDP 02- 1O/PUD 02-13 %B8MM:NOR?HPARKATIAcosTA MloflGT 18.3W.S I Signature NORTH COUNTY TIMES Legal Advertising