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HomeMy WebLinkAbout2004-02-03; City Council; 17491; Villages of La Costa Neighborhood 3.910 rl .rl a c, a, a k 0 rcI rn a, c, ? F: -4 c a, a, 10 a a, a d a, .. % 10 a Io m 0 I 0 0 CJ d z c 0 .d c, 5 4 0 10 2 a a, CI 0, 0 a 4 z 0 F: A G 2 3 0 0 .. 2 AB# 17,491 TITLE: MTG. 2-3-04 PUD 01-08(B) DEPT. PLN& VILLAGES OF LA COSTA NEIGHBORHOOD 3.9 DEPT. HD. CITY MGR +%W RECOMMENDED ACTION: Project Applications Administrative Reviewed by and Approvals Final at Planning Commission PUD 01 -08(BI That the City Council ADOPT Resolution No. 2004-036 , APPROVING Planned Unit Development Amendment PUD 01-08(B) for Villages of La Costa Neighborhood 3.9 as recommended for adoption and approval by the Planning Commission. To be reviewed - Final at Council X ITEM EXPLANATION: On December 17, 2003, the Planning Commission conducted a public hearing for this residential project. Since the Planned Unit Development Amendment is for more than 50 homes, the Planning Commission has made a recommendation to the City Council for its action. The Villages of La Costa Neighborhood 3.9 project consists of approval of building floor plans, elevations and plotting for 90 single-family dwelling units. The project site is located on the west side of re-aligned Rancho Santa Fe Road, on the east of Neighborhood 3.8 and within Local Facilities Management Zone 11. The lots for these neighborhoods were created through Master Tentative Map CT 99-04 and Planned Development Permit PUD 01-08, approved by the City Council in October 2001. As the minimum lot size for these neighborhoods is 6,000 square feet, a Planned Development Permit was required. The Planning Commission discussed the merits of the application, and voted 5-0 (Dominguez and Whitton absent) to recommend approval of the project to the City Council. A full disclosure of the Planning Commission’s discussion is included in the attached minutes. A complete description and staff analysis of the project is included in the attached staff report to the Planning Commission. ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared initial studies for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Villages of La Costa Master Plan MP 98-01 (EIR 98-07), dated October 23, 2001. EIR 98-07 evaluates the potential environmental effects of the development and operation of the “Villages of La Costa Master Plan” and associated actions inclusive of the proposed planning area reviewed here. The City Council certified EIR 98-07 on October 23, 2001. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-07 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-07 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Villages of La Costa Master Plan Final Program EIR. PAGE 2 OF AGENDA BILL NO. 17,491 The proposed project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-07 and no further CEQA compliance is required. EIR 98-07 and the respective initial studies for each application are avaitable at the Planning Department. FISCAL IMPACT: No fiscal impacts have been identified. EXHIBITS: 1. City Council Resolution No. 2004-036 2. Location Map 3. 4. 5. Planning Commission Resolution No. 551 8 Planning Commission Staff Report, dated December 17, 2003 Draft Excerpts of Planning Commission Minutes, dated December 17, 2003. DEPARTMENT CONTACT: Saima Qureshy, (760) 602-461 9, squre@ci.carlsbad.ca.us d 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 RESOLUTION NO. 2004-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO APPROVE BUILDING FLOOR PLANS, ELEVATIONS AND PLANNED DEVELOPMENT PERMIT PUD 01-08(B) TO PLOTTING FOR 90 SINGLE-FAMILY DETACHED HOMES GENERALLY LOCATED ON THE WEST SIDE OF RE-ALIGNED RANCHOSANTAFE ROADANDONTHE EASTANDSOUTH SIDES OF NEIGHBORHOOD 3.8, WITHIN THE LA COSTA OAKS SOUTH VILLAGE, NEIGHBORHOOD 3.9 OF THE VILLAGES OF LA COSTA MASTER PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: VILLAGES OF LA COSTA-NEIGHBOR- CASE NO.: PUD 01-08(B) HOOD 3.9 OF LA COSTA OAKS SOUTH 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 December 17, 2003, hold a duly noticed public hearing as prescribed by law to consider a Planned Unit Development Amendment; and WHEREAS, the City Council of the City of Carlsbad, on the 3rd day of Februarv , 2004, held a duly noticed public hearing to consider the Planned Unit Development Amendment, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to PUD 01 -08(B); 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 Planned Unit Development Amendment PUD 01-08(B) is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5518, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council, except as modified herein: “Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, planned commercial areas, and streets.” s 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 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 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, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 3rd day of Februarv , 2004, by the following vote, to wit: AYES: Council Members Lewis; Finnila; Kulchin; Hall and Packard NOES: None ABSENT: None ATTES~ Resolution No. 2004-036 - Page Two -2- EXHIBIT 2 /SITE VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.9 PUD 01=08(B) 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5518 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO PLANNED BUILDING FLOOR PLANS, ELEVATIONS AND PLOTTING DEVELOPMENT PERMIT PUD 01-08(B) TO APPROVE FOR 90 SINGLE-FAMILY DETACHED HOMES GENERALLY LOCATED ON THE WEST SIDE OF RE-ALIGNED RANCHO SANTA FE ROAD, ON THE EAST AND SOUTH SIDE OF NEIGHBORHOOD 3.8, WITHIN THE LA COSTA OAKS SOUTH VILLAGE, NEIGHBORHOOD 3.9 OF THE VILLAGES OF LA COSTA MASTER PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 1 1. CASENAME: VILLAGES OF LA COSTA - NEIGHBOR- HOOD 3.9 OF LA COSTA OAKS SOUTH CASE NO.: PUD 01-08(B) WHEREAS, I(. Hovnanian Companies of California, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as Lots 72 through 161 of City of Carlsbad Tract CT 99-04, Villages of La Costa - La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14379, filed in the office of the County Recorder of San Diego County, on April 29,2002 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Development Permit Amendment as shown on Exhibits “A” - “KK” dated December 17,2003, on file in the Planning Department, VILLAGES OF LA COSTA - NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH - PUD 01-08(B) as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of December 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 all persons desiring to be heard, said Commission considered all factors relating to the Planned 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 Planning Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - based on the following findings and subject to the following conditions: NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH - PUD 01-08(B) Findings: 1. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the development of single- family homes on minimum 6,000 square foot lots is consistent with the Villages of La Costa Master Plan development standards. The Master Plan is the adopted document, which governs any development within the Villages of La Costa. 2. . That the proposed project's density, site design and architecture are compatible with surrounding development, in that the subject site is currently subdivided into 90 single-family residential lots, a minimum of 6,000 square feet. The proposed building floor plans, elevations and plotting is consistent with the site as the proposed homes meet all the development standards of the Villages of La Costa Master Plan. 3. The Planning Director has determined that: a. the project is a subsequent activity of the Villages of La Costa Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [ 15 168(c)(2) and (e)]; and b. this project is consistent with the Master Plan cited above; and c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and . PC RES0 NO. 5518 -2- 'I 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 e. none of the circumstances requiring a Subsequent EIR or a Supplementa under CEQA Guidelines Sections 15 162 or 15 163 exist; and EIR f. the Planning Commission finds that all feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: 1. 2. 3. 4. Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 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 or a successor in interest by the City’s approval of this Planned Development Permit Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit Amendment 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 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 PC RES0 NO. 55 18 -3- g 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 5. 6. 7. 8. 9. 10. 11. 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 Development Permit Amendment, and (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Department a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Unified High School Districts that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Prior to the issuance of building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifring all interested parties and successors in interest that the City of Carlsbad has issued a Planned Development Permit Amendment by Resolution No. 5518 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 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. PC RES0 NO. 55 18 -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 12. 13. 14. 15. 16. 17. 18. 19. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) between Real Estate Collateral Management Company and the City of Carlsbad 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. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school districts provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Developer shall post aircraft noise notification signs' in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be PC RES0 NO. 55 18 -5- /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 20. 21. 21. 22. approved by the Planning Director (see Noise Form #3 on file in the Plannins Department). Any signs proposed for this development shall at a minimum be designed in conformance with the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. The Developer shall comply with all the conditions set forth by CT 99-04 in Planning Commission Resolution No. 5020 incorporated by reference herein. Construction shall begin on common recreation Lot 165 located in Neighborhood 3.9 prior to the occupancy of the first unit in Neighborhood 3.9 and shall be approved for use prior to the occupancy of the 45th unit in Neighborhood 3.9. The applicant shall not plot Plan 3 with the same deck configuration in instances where two or more Plan three units are located adjacent to each other. En pineering General 23. 24. 25. ... Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map and in the CC&Rs: “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” The limits of these sights distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. PC RES0 NO. 5518 -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 FeedAgreements 26. Prior to approval of any grading or building pennits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 27. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 28. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a precise grading permit for this project is required. Developer shall apply for and obtain a grading pemiit from the City Engineer prior to the issuance of any building permits for the project. Dedications/Improvements 29. 30. 31. Prior to issuance of any building permits, all improvements necessary to support development as shown on Improvement Plan number DWG 397-1 and DWG 397-13 shall be completed to the satisfaction of the City Engineer. Prior to issuance of a precise grading permit, City drawing number DWG 397-1 and DWG 397-1E shall be construction changed to show relocation of sewer laterals, water laterals, and driveways as necessary to support development of the homes as shown on the subject PUD 01-08 (B) site plan. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet PC RES0 NO. 5518 -7- /a 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 Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 32. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. c. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d. 33. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construction BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. d. e. f. PC RES0 NO. 5518 -8- /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 34. Prior to occupancy, Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. Code Reminder: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 35. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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 infomiation 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 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... PC RES0 NO. 5518 -9- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 17th, day of December 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Montgomery, Segall, and White NOES: None ABSENT: Commissioners Whitton and Dominguez ABSTAIN: None @- 1 ANNING COMMISSION ATTEST: MICHAEL J. HOLzMILh?R Planning Director PC RES0 NO. 5518 -10- EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Application complete date: October 20, 2003 P.C. AGENDA OF: December 17,2003 Project Planner: Saima Qureshy SUBJECT: PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and to recommend approval, pursuant to Section 7.2.7 of the Villages of La Costa Master Plan, of an amendment to Planned Development Permit, PUD 01-08, for building floor plans, elevations and plotting for the development of 90 single- family detached homes located within Neighborhood 3.9 of the La Costa Oaks South Village. The project site is located on the west side of re-aligned Rancho Santa Fe Road, on the east of Neighborhood 3.8 and within Local Facilities Management Zone 1 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 55 18 RECOMMENDING APPROVAL of Planned Development Permit Amendment, .PUD 01 - 08(B), based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project includes approval of architecture and plotting for 90 single-family dwelling units located in Neighborhood 3.9 of the Oaks South Village of the Villages of La Costa Master Plan. The lots for this neighborhood were created through Master Tentative Map CT 99-04 and Planned Development Permit PUD 01-08, approved by the City Council in October 2001. The minimum lot size for this neighborhood is 6,000 square feet and therefore a Planned Development Permit was required. Architecture for the units was not proposed at that time and pursuant to Section 4.6.4 of the Master Plan, could subsequently be processed through an amendment to the Planned Development Permit. The applicant is now proposing architecture and plotting for the subject neighborhood. The proposed homes consist of three floor plans ranging in size from 3,263 to 3,489 square feet. Each floor plan has three elevation styles and the project has a total of thirteen color schemes. The project complies with all City standards including the Villages of La Costa Master Plan and all necessary findings can be made for the approval being requested. City Council action is required as the Planned Development Permit contains more than 50 residential units. PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 Plan No. 1 2 2x Page 2 No. of 1st Floor 2nd Floor Living Area Garage Total Bldg. Elevation Styles times Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Plotted (24.4%) (3 car Craftsman Bungalow, optional) European Country 29 1,905 1,584 3,489 639 4,128 Spanish Colonial, (3 2.2%) (3 car Craftsman Bungalow, 22 2,323 1,046 3,369 617 3,986 ItaliadTuscan, optional) Italian 6 1,865 1,398 3,263 639 3,902 (6.6%) (3 car optional) 111. PROJECT DESCRIPTION AND BACKGROUND Background On October 23, 2001, the City Council certified the Final Program EIR, approved the Master Plan, a Master Tentative Tract Map and related applications for the Villages of La Costa project. The Villages of La Costa Master Plan establishes the permitted uses, development standards, and design criteria for each neighborhood as well as the development review process to be utilized. Master Tentative Tract Map CT 99-04 subdivided the area into open space areas, established neighborhood development area boundaries and created lots for Neighborhood 3.9. A final map has recorded for the Oaks South area, grading and improvement plans have been approved, and improvements are presently ongoing. Proiect Description The project site, Neighborhood 3.9 of the La Costa Oaks South Village of the Villages of La Costa Master Plan, is located on the west and north side of re-aligned Rancho Santa Fe Road, south of Neighborhood 3.8 and west of Neighborhoods 3.10 and 3.11 within Local Facilities Management Zone 1 1. The subject neighborhood contains 90 single-family residential lots, approved by the City Council in October 2001 through CT 99-04PUD 01-08. Architecture and plotting were not part of the previous approval. The Master Plan provides for architectural review of the units through the processing of an amendment to the Planned Development Permit. The applicant has now applied for the review and approval of building floor plans, elevations, and plotting. Pursuant to the Master Plan, three different floor plans are proposed ranging in size from 3,263 square feet to 3,489 square feet. A modified Plan 2 is included, referred to as Plan 2X, to address lots with unique layouts and small net pad areas. The Plan 2X has the same layout as Plan 2 but has smaller square footage. Each plan is two stories high. Floor Plans 1 and 2 have two-car garages, with an option for a third car garage, while Floor Plan 3 has a three-car garage. Each floor plan is proposed with three different elevation styles to create a variety of faqades in the Neighborhood. The following table provides a summary of square footage and elevation styles: PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 Page 3 * 3 33 (36.6%) 1,645 1,842 3,487 65 8 4,145 Spanish, (3 car) Craftsman Bungalow, European Country To determine compliance with the provisions of the Master Plan, an amendment to the Planned Development Permit is required for the development of homes on lots with a minimum area of less than 7,500 square feet. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project’s consistency with the standards contained in the Villages of La Costa Master Plan. The project’s compliance with the Master Plan is discussed in detail in the section below. Villages of La Costa Master Plan (MP 98-01(B)) The project is within the La Costa Oaks South area of the Villages of La Costa Master Plan. The Master Plan maps and text define the allowable type and intensity of land uses in each village and provides detailed development and design standards, development phasing and timing, and the method by which the Master Plan will be implemented. The subject neighborhood was divided into 90 residential lots through CT 99-04 and PUD 01-08 and compliance with the Master Plan standards related to the subdivision was analyzed at that time. The current application is for the approval of building floor plans, elevations and plotting of the units. An overall goal of the Master Plan is to create a balanced, open space oriented residential community. The development standards contained in the Master Plan support this goal by describing the design elements that are shared by all neighborhoods within the three Master Plan Villages. The following table shows compliance of the proposed project with the Architectural/ Site Planning Design standards and guidelines, contained in the Master Plan. PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 Guideline (VLCMP Reference) Front Yard Setback (4.6.2.B.2.a) Rear Yard Setback (4.6.2.B.2.e) Side Yards (4.6.2.B.2.c) Street Side Setback (4.6.2.B.2.d) Slope Edge Building Setback (4.3.4) Lot Width (4.6.2.B. 1) TABLE 2 - Development Standards Compl Standard 15‘ minimum, 20’ neighborhood average (See YLCMP for instructions about calculating averages) A porte cochere or arbor structure is allowed within the front yard setback to accommodate applicable alternate garage configurations. The cover cannot exceed 200 square feet in size and must have a 5’ minimum setback from property line. For lots with Min. 6,000 SF lot: 15’ minimum setback Minimum useable rear yard area shall be 15’ by 15’ The standardminimum lot width for Neighborhood 3.9 is 50 feet. Therefore the required combined minimum side yard for each lot within the neighborhood shall be 25% of the lot width (12.5 feet). Minimum of 5’ per side Maximum setback does not need to exceed 20’ in aggregate Lots at the end of cul-de-sacs may reduce each side yard to 5’ At least 50% of the units in each neighborhood shall have one side elevation where there are suficient offsets or cutouts so the side yard setback averages a minimum of 7’. IO’ minimum All main and accessory buildings that are developed on hilltops and/or pads created on downhill perimeter slopes of greater than 15’ in height shall be setback so that the building does not intrude into a .7’ horizontal to 1 ’ vertical imaginary diagonal plane that is measured from the edge of slope to the building. For all buildings, which are subject to this slope edge building setback standard, a profile of the diagonal plane shall be submitted with all other development application requirements. Lot widths vary from 50’ to 70’ For 6,000 SF lots: required width is 50’ minimum nce Table Compliance Neighborhood Average Front Yard Setback = 24.52’ All lots comply. Refer to the attached ‘Individual Lot Compliance’ table for each lot’s compliance. All lots comply with minimum 15’ setback. All lots provide the required 15’ by 15’ usable rear yard area. The combined minimum side yard for each lot within the neighborhood is 12.5 feet. Refer to the attached “Individual Lot Compliance” table for each lot’s compliance. All lots comply. All street side setbacks comply with the 10 feet minimum. All proposed units will meet the required slope edge setbacks. The following are each plan’s minimum distance required from the top of slope: Plan 1: 15.4’ Plan 2 and 2X: 15.8’ Plan 3: 16.2’ See the Slope Edge Building Setback exhibit on the site plans. All lots are at a minimum 50’ wide. PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 I Guideline (4.6.3.B.2) I Building Height (4.6.3.B.1) (4.6.3.B.4.e & 4.6.3.B.4.f) I (4.6.3.B.4.g) Front Building Elevations (4.6.3.B.6) (4.6.3.B.7) TABLE 2 - DeveloDment Standards ComDliance Table Standard P Corn liance For 2-story units: 40% of net pad area The Coveraee shall include: Garages and the perimeter area of a basement. The Coveraee shall exclude: Exterior structures such as covered porches Permanent structural elements protruding from buildings such as overhanging balconies that project less than 8’ from the building Porte cocheres not exceeding a length of 22’ and a width of 8’ Roof eaves extending less than 30” from the face of any building Awnings Open parking areas Structures under 30” in height Masonry walls not greater than 6’ in height (wing-walls, planter walls, grade separation retaining walls). Maximum of 30’ and 2 stories. 50% of units in the neighborhood must have 18 inch offset planes with a minimum of 10’ between front and rear planes. Each plane shall be a minimum of 30 square feet. 4 separate building planes for lots with a frontage greater than 45’. 50% of units in the neighborhood must have I8 inch offset planes with a minimum of 3’ between face of the forward-most plane and rear planes. Each plane shall be a minimum of 30 square feet 3 separate building planes for lots with a 45’ of frontage or less. 4 separate building planes for lots with a frontage greater than 45’. Front building fagades shall incorporate a minimum of 4 varieties of design elements to create character and interest to the home. These elements vary depending on the architectural style used. Minimum of 2 elements of enhanced architectural detailing incorporating good design is required for side & rear elevations adjacent to publiciprivate roads. All plans are two story; therefore, they can only cover 40% of the net pad area. Refer to the attached “Individual Lot Compliance” table for each lot’s compliance. All lots comply. Plan 1 = Two Stories, 29’ - 6” Plan 2 and 2X = Two Stories, 27’ Plan 3 = Two Stories, 29’ The details are shown on the architectural dans, building plane exhibit. All units :omply. ’Ian 1 = 5 Planes ’Ian 2 and 2X = 5 Planes ’Ian 3 = 4 Planes fie details are shown on the architectural ilans, building plane exhibit. All units :omply. ’Ian 1 = 4 Planes ’Ian 2 and 2X = 4 Planes ’Ian 3 = 4 Planes 411 elevation styles comply. Refer to the ittached “Building Elevation Design 3ements” table. 411 elevation styles comply. Refer to the ittached “Building Elevation Design 3lements” table. PUD 01 -08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 TABLE 2 - Development Standards Compliance Table Continued Guideline (VLCMP Reference) Elevations Fronting Circulation Element Roads (4.6.3.A. I .a) Floor Plans (4.6.3.BS.c & 4.6.3.BS.d) Single-Story Units (7.7.3.14.0 & 4.6.3.B.4.1) Two Story Units (4.6.3.B.4.n & 4.6.3.B.5.b) Where (3) Two Story Units occur in a row with less than 15 ft between homes- (4.6.3.B.4.b) Where (3) Two Story Units occur in a row with 15 ft to 20 ft between homes- (4.6.3.B.4.c) Single-Story Elements (4.6.3.B.4.d) Standard Homes adjacent to circulation element roads are required to receive special attention to detailing on the elevation fronting the roads. This will include window detailing equal to or better than that of the front elevation. The introduction of additional wall planes and balconies, where noise standards allow, is encouraged. Minimum of 3 per neighborhood Minimum of 3 front elevations shall be provided for each floor plan. For neighborhoods on ridgelineshilltops that are visible from a circulation element roadway, at least 20% of the units shall be single-story. Single-story shall be defined as a plateline maximum of 15’, (1 0’ preferred). Must include some single-story features. The second-story must not exceed 80% of the first-story square footage, including all garage area. One of the units must have a single-story building edge at least IO’ deep and shall run the length of the building. Single-story shall be defined as a plateline maximum of 15’. One of the units must have a single-story building edge at least 5’ deep and shall run the length of the building. Single-story shall be defined as a plateline maximum of 15’. 33% of units within a Neighborhood must have a single-story element, with a minimum depth of 3’, that is 40% or greater than the front elevation width. Porches and porte cochere elements qualify. L Please refer to the Corn attached liance “Building Elevation Design Elements” table for details on various design elements incorporated for each elevation type. The proposed project includes three floor plans with three elevation types for each plan. Not Applicable. Neighborhood has not been designated with a ridgeline or hilltop that is visible from a circulation element roadway by the Master Plan. All floor plans comply. Plan 1: 35.6% of 1’‘ floor Plan 2: 62.3% of 1’‘ floor Plan 2X: 55.8% of 1” floor Plan 3: 80% of I” floor Plan 1 incorporates a single-story building edge that is at least 10’ deep and runs the length of the building and is plotted where there are 3 units with less than 15’ between them. Plan 1 and 2X incorporate a single-story building edge that is at least 5’ deep and runs the length of the building and are plotted where there are 3 units with 15’ to 20’ separation between them. The architectural plans show all the floor plans having a single-story element that is greater than 40% of the width and a min. of 3’ deep. PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 Page 7 TABLE 2 - Development Standards Compliance Table Continued Guideline (VLCMP Reference) Entries, Front Porches, Courtyards, & Balconies (4.6.3.B.9,4.6.2.B.2.f & 4.6.2.B.3) Projections (4.6.2.B.3) Recreation Areas Resident Parking (4.6.2.B.4.a) Standard 25% of the units must have either a porch at least 5’ deep, across 33% of the width of the dwelling, or a courtyard or balcony, whichever is consistent with the architectural style. Porches require a minimum front yard setback of 10’ Porches shall have a minimum depth and length of 5’. A variety of roof elements (gables, shed, etc.) shall be provided over porches. A balcony above a porch may also serve this purpose. The front and sidewall of porches shall be open except for required and ornamental guardrails. These features shall qualify as a plane for the purposes of the architectural guidelines. Buildings on corner lots should consider having the porch wrap around the side of the building. Non-enclosed and non-habitable porches and balconies may encroach up to 5’ and 8’ respectively into the required front yard setback. Fireplace structures not wider than 8’, cornices, eaves, belt courses, sills, buttresses, and other similar architectural features projecting from the building may intrude up to 2’ into the required setbacks. Common recreation areas: Are required for neighborhoods with lot sizes less than 7,500 square feet Shall begin construction prior to the occupancy of the first unit and approved for use prior to the occupancy Of 50% of the units Minimum 2-car garage with interior measurements of 20’ by 20’. Two 1-car garages each having interior measurements of 12’ in width by 20’ in length may be provided as an alternative. I I Compliance 14.4 YO of the elevations incorporate a iont porch (All elevation types for Plan 1). 36.7% of the elevations incorporate a :ourtyard porch (All elevation types for ?Ian 3). go projections extend into the side ietback more than 2’ nor are any ireplace projections greater than 8’ in ength. All plans comply. ~~~~~~ ~~ Zommon recreation area located in qeighborhood 3.9 is Lot 167. 4 condition is included in Planning :ommission Resolution No. 55 18 to mure compliance with the Master Plan .equ irements. 411 plans include at a minimum one 2-car ;arage with an interior measurement of !O’X20’. PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 Page 8 TI Guideline (VLCMP Reference) Garage Criteria (4.6.2.B.2.b, 4.6.3.B.4.h, & 4.6.3.B.13) Roofs (4.6.3.B.4.k & 4.6.3.B.8) Colors (4.6.3.B.12) LBLE 2 - Development Standards Compliance Table Continued Standard 20’ minimum setback from the property line where garage doors face the street. Side-loaded garages must maintain a 15’ setback from property line. They also must be designed to appear as a livable portion of the home. Projects with three-car garages shall be a mix of two door garages, three door garages, and offset two door garages (2 planes separated by at least 18 inches). A variety of garage configurations should be used within each neighborhood to improve the street scene. (See VLCMP 4.6.3.B.13.g for examples of garage configurations) Roll-up garage doors are required. Architectural projections may encroach into the setback a maximum on 18” for garages. However, the projection shall not extend to the second story living space. Varied build-ing roof heights and roofmassing shall be incorporated into unit designs for each master plan neighborhood. Changes in roof direction shall be provided to create diversity and interest. Roof planes of units located at the top of slopes should attempt to parallel the slope. A variety of roof colors shall be used within each neighborhood. Minimum roof pitch of 3: 12 Colors should be consistent with the architectural style selected. Warm, earth tones are preferred, however other color combinations are acceptable depending upon architectural style. Within each neighborhood, a minimum of 3 different exterior color schemes shall be used for each floor plan within the same architectural styles. In all master plan neighborhoods, adjacent units within the same architectural style shall not utilize the same color scheme. However, similar or same colors may occur within different color schemes. “Adjacent“ includes units on either side of the subject unit as well as those directly across the street. Compliance All setbacks for garages that face the street are greater than 20’. All side- loaded garages have a setback of at least 15’ and they appear as livable portions of the homes. All 3-car garages are a combination of side and front loaded. All garage doors are roll-up sections. A variety of roof forms and massing are proposed with changes in direction and pitches. See elevations and roof plans for compliance. Various roof colors are proposed and shown on color palettes. Typical roof pitches: Plan 1: 4:12, 6:12 Plan2: 4:12 Plan 3: 4:12,6:12 The plotting of color schemes as shown on the plotting site plan complies with these requirements. The project incorporates 13 color schemes for 9 elevation styles. a3 PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 Page 9 7 Guideline (VLCMP Reference) Architectural Styles Permitted (4.6.3.C & 7.6) Design Standards (4.6.3.B.4.i & 4.6.3.B.5.e) Chimneys (4.6.3.B.11) Window Detailing (4.6.3.B.10) iBLE 2 - Development Standards Compliance Table Continued Standard Each Neighborhood shall contain one or more of the following Architectural Styles: Santa Barbara Mediterranean Craftsmen Bungalow Spanish Colonial Monterey Ranch ItaliadTuscan European Country California Contemporary - (limited to neighborhoods with a minimum lot size of 9,000 SF) 50% of exterior openings (doors/windows) in the front of each unit shall be recessed or projected a minimum of 2 inches or shall be trimmed with wood or raised stucco. Colored aluminum window frames shall be used (no mill finishes). The chimney and chimney cap shall be in scale with the size of the structure 2-chimney limit for dwelling units on lots less than 7,500 SF. The design of the windows shall include one or more of the following features: Deeply recessed Exterior wood trim Paned windows Accent colors on shutters Decorative window or other elements ledges Arched elements Accent and varied shape Shutters windows Raised stucco trim Window boxes and around windows planters with Window lintels architecturally evident supports windows surrounds Compliance The plans include the following Architectural Styles: Craftsman Bungalow Spanish Colonial 0 Italian/Tuscan European Country The windows and doors on front elevations are recessed a minimum of 2” and are trimmed with either wood or raised stucco. All chimneys and caps are in scale with the size of the structures. All plans have a maximum of 2 chimneys. The design of the windows include the following: Recessed windows Paned windows Arched elements Shutters Window lintels Accent and varied shape windows Window boxes and planters with architecturally evident supports The Master Plan requires that each front elevation shall incorporate a minimum of 4 enhanced architectural design elements and side and rear elevations shall incorporate a minimum of 2 such elements to create character and interest to the homes. The attached table, “Building Elevation Design Elements,” shows which elements are used for .each elevation and floor plans. The proposed project is located within Local Facilities Management Zone 11 in the southeast quadrant of the City. The impacts on public facilities created by the project, and the project’s compliance with the adopted performance standards were analyzed and evaluated at the time of approval of CT 99-04. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Villages of PUD 01-08(B) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH December 17,2003 Page 10 La Costa Master Plan (2000) MP 98-01 (EIR 98-07), dated July 16, 2001, T & B Planning Consultants, Inc. EIR 98-07 evaluates the potential environmental effects of the development and operation of the “Villages of La Costa Master Plan (2000)” and associated actions inclusive of the proposed neighborhood projects reviewed here. The City Council certified EIR 98-07 on October 23,2001. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-07 applicable to Neighborhood 3.09 has been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-07 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Villages of La Costa Final Program EIR. The proposed project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-07 and no further CEQA compliance is required. EIR 98-07 and the initial study for this project are available at the Planning Department. ATTACHMENTS: 1. 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Neighborhood 3.9 Location Map 6. Table “Individual Lot Compliance” 7. 8. Reduced Exhibits 9. Planning Commission Resolution No. 55 18 Table “Building Elevation Design Elements” Full Size Exhibits “A” - “KK” dated December 17,2003 SQ:bd:mh BACKGROlrND DATA SHEET CASE NO: PUD 01-08(B) CASE NAME: Villages of La Costa - Neighborhood 3.9 of La Costa Oaks South APPLICANT: K. Hovnanian Companies of California. Inc. REQUEST AND LOCATION: The proiect includes approval of architecture and plotting for 90 single-family dwelling units located in Neighborhood 3.9 of the La Costa Oaks South Village of the Villages of La Costa Master Plan. Minimum lot size for these neighborhoods is 6,000 square feet. The lots were created with Master Tentative Map, CT 99-04 and Planned Development Permit, PUD 01-08. The proiect site is located on the west side of re-aligned Rancho Santa Fe Road, on the east of Neighborhood 3.8 and in Local Facilities Management Zone 1 1. LEGAL DESCRIPTION: Lots 72 through 161 of City of Carlsbad Tract CT 99-04, Villages of La Costa - La Costa Oaks South, in the Citv of Carlsbad, County of San Diego. State of California, according to map thereof No. 14379, filed in the office of the County Recorder of San Dieno County, on APN: Various Acres: 33.9 Proposed No. of LotsKJnits: 90 GENERAL PLAN AND ZONING Land Use Designation: RLM Density Allowed: 0-4 Density Proposed: 2.7 Existing Zone: P-C Surrounding Zoning, General Plan and Land Use: Proposed Zone: P-C Zoning Site P-c North P-C South P-C East P-c West P-c General Plan Current Land Use RLM Mass grading for development RLM Mass grading for development RLM Mass grading for development RLM Mass grading for development RLM Mass grading for development PUBLIC FACILITIES School District: Encinitas Union Elementadsan Dienuito Unified HiPh Water District: Olivenhain Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, Project is within the Scope of Promam EIR 98-07 approved earlier DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will requir discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in hs and an 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 comoration or Dartnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE W/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Person COrp/Pafi K. ~WMAUIA~: bWlPAul€< or( fiLj6lfN14 IWG Title Title @/A Address Address 3bo STcVeJf RVE , I~LAU~ PE~CI~, ~4 72075 967C Zll 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 (ie, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a comoration or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned comoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person cOrp/part Real Estate Collateral Management ComDanv Title Title Address Address 1903 Wright Place. Suite 180 Carlsbad. CA 92008 2075 Las Palmas Dr. Carlsbad, CA 92009-1576 (760) 438-1 161 FAX (760) 438-0894 27 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonurofit orpanization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the. Non Profiflrust Non Profiflrust Title Title Address Address 4. Have you had more than $20 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? c] Yes ix] No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. ve information is true and correct to the best of my knowledge. zc \’ vl, 7 I Q? Signature of applicantdate Agent for RECM; Fred M Arbuckle, President of Morrow Developmt tmer C. c~~~~~L Print or type name of applicant ‘ 530 -0 3 nt’s agent if applicable/date ~~ ~ ~~ Print or type name of ownedapplicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 dl Page 2 of 2 I @I I i VILLAGES OF LA COSTA OAKS SOUTH - NEIGHBORHOOD 3.9 LA COSTA LOCATION MAP Individual Lot Data La Costa Oaks South Neiahborhood 3.9 I I I Building It II I I I I Setbacks cftl Average Side Yard Net Pad Covera e” I Plan I Elevation I Color I Front Rear Left Right Garage I Porch I Area(SF) I Sq. Footage ‘20, Net Pad Neighbodmod 3.9 Section B Table 4 Page 1 of 2 ii1iam3 30 Lot # areas. StruCbXes under 30 Inches In height and masonry walls wt Qrealer than 6 feel m haghl such as wing-walls. planter walls or grade-separabon retaining walls Setbacks (ft) Building Average Side Yard Net Pad Coveraae " Plan Elevation Color Front Rear Left Right Garage Porch Area (SF) Sq. Footage %of Net Pad Neighborhood 3.9 Section B Table 4 ~age2of2 3 f 11/12/2003 - - 32 2:: 33 : i. /. I- ,' r; . t. 1 .( I' t ,,. , .. 1- .. 1; I _> X W n z m Y 9 Li cn Q z m 2 W w w- a x 3 cn Y 0 t- W cn B a m z m n a 9 3 Q w W W 3 cn 35 36 37 SaLON 38 39 t-- Eli -. m w om M -0 d ***** l+ zo 4 n .. m 9 z < w 9 5 U VI Y3 S e rl no 4 CI VI 4 I I ,_I I I--, i IB z 6 E m b cr( 6 d u *it** 6 a **** h “4 6 E 5 I I P 4 m 53 -i Id I' ' ~' t ii 8 a B d **** W- i s 1 0 x CJ ZQ 4 U __ - - )F- ES OOO'9 KNV LO? 'NU4 +- t kk, I I r------------l 0 m VI b4 4 ZO 6 n .**. f I i I m ZO 4 n L m zo 6 U 6 a 8 VI Planning Commission Minutes E)pHIBIT 5 DRAFT Page December 17,2003 7. PUD 01-08(6) - VILLAGES OF LA COSTA-NEIGHBORHOOD 3.9 OF LA COSTA OAKS SOUTH - Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and to recommend approval, pursuant to Section 7.2.7 of the Villages of La Costa Master Plan, of an amendment to Planned Development Permit, PUD 01-08, for building floor plans, elevations and plotting for the development of 90 single-family detached homes located within Neighborhood 3.9 of the La Costa Oaks South Village. The project site is located on the west side of re-aligned Rancho Santa Fe Road, on the east of Neighborhood 3.8 and within Local Facilities Management Zone 11. Mr. Neu introduced Item 7 and stated that Associate Planner, Saima Qureshy, would make the presentation. Chairperson Baker asked Mr. Henthorne if he wished to continue with five Commissioners. He stated that he did. Chairperson Baker opened the public hearing on Item 7. Associate Planner, Saima Qureshy, presented the Staff Report stating that Item 7 was a project for the approval of building floor plans, elevations, and plotting for Neighborhood 3.9 of La Costa Oaks South of the Villages of La Costa Master Plan. This neighborhood is located west of realigned Rancho Santa Fe Road and the lots for this neighborhood were created through Master Tentative Map CT 99-04 and associated PUD 01 -08 by the City Council in October of 2001. This neighborhood contains a total of 90 single-family detached homes with a minimum of 6,000 sq ft lots. The applicant is proposing three floor plans and each floor plan has three different elevation styles. There is a total of nine different elevations. Floor plans for this project range from 3,200 to 3,489 sq ft. All the homes proposed are two stories and the project is consistent with architectural standards as contained in the Villages of La Costa Master Plan. Staff is recommending approval of this project. Chairperson Baker invited the applicant to make a presentation. Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, stated that he was representing the applicant, K. Hovnanian, in presenting Neighborhood 3.9 of the La Costa Master Plan. The Neighborhood 3.9 area is a small lot development within the La Costa Oaks South. The project is a small lot development as a result of the fact that it contains more than 50 units and it requires City Council approval. The project complies with all of the design guidelines and standards within Chapter 4 of the Villages of La Costa Master Plan. As Ms. Qureshy indicated, the project is comprised of three different plans as well as an X plan that is used in certain fit situations on restricted lots. There are three architectural styles per plan and the project incorporates four out of the six architectural styles that are permitted for use within this area. There are 13 color schemes that are utilized to further add differentiation and interest within the planned development area. The architectural product incorporates a variety of surface and roof materials and textures to enhance the product. The average front yard setbacks exceed the minimums in the Specific Plan at 24.5 feet. None of the building coverages exceed the maximums permitted under the regulations in the Master Plan and they comply with the Hillside Development Ordinance of the City. The project meets or exceeds all of the development criteria contained within the Master Plan that was approved by the City Council. There are four styles in the project including European Country, Spanish Colonial, Craftsman Bungalow, and Italian Tuscan. Each one of the plans incorporates at least three of the four architectural styles. The Master Plan requires that 50% of the units have four separate building planes. They incorporate a minimum of four design elements on the front facades and two for the sides and rears. That requirement is related to units that are viewed from public and private roads. In an effort to address concerns raised at previous Planning Commission hearings, they have attempted to incorporate many of the front architectural elements into the rear elevations to provide enhancement. He demonstrated and discussed a representative sample of the architectural quality in the SDP with a PowerPoint presentation. He showed one of each style and showed all of the elevations. He stated that the development team as well as the staff from the applicant’s company were present to answer questions. Commissioner Segall stated that in looking at the Site Development Plan that there were probably nine different groupings where the same plan was next to each other. He stated that he thought that in the plan that it was supposed to alternate and there wouldn’t be the same two floor plans next to each other. 69 Planning Commission Minutes December 17,2003 Page 19 Mr. Henthorn explained that the plan didn’t restrict floor plans being adjacent to each other, but rather the color palettes. He stated that it didn’t restrict architectural styles either, but that they were self-restricting that. He stated that there were a number of instances where the same floor plan was plotted adjacent to another, but they were adding variations in elevation styles as previously discussed and agreed upon. He stated that they were reversing floor plans that were adjacent to one another wherever possible. He said that there were three such situations that he knew about. Commissioner Segall stated that the previous Site Development Plans that the Planning Commission had approved were not Planned Unit Developments. Mr. Henthorn stated that Warmington Homes was a project that would go to the City Council in January, 2004. He further said that their first three projects ‘were not Planned Unit Developments and were final with the Planning Commission’s action. Commissioner Segall stated that he thought that there wouldn’t be two floor plans next to each other as part of the Master Plan. Mr. Henthorn stated that the Master Plan was consistent throughout. He stated that the floor plans and architectural styles were not restricted, but color schemes were. Commissioner Heineman observed that in the colored plan there were two or three instances in this development where there were Plan threes next to each other. Mr. Henthorn stated that those were the same floor plans, but that there were three or four architectural styles for each plan and no two architectural styles would be next to each other. Chairperson Baker noted that it was generally the Plan threes that were next to each other and asked if Plan three was the largest home. Mr. Henthorne stated that Plan 2 and 3 were roughly the same square footage. Ms. Qureshy stated that Plan 2 was the largest. Commissioner White commented that having the Plan threes adjacent to each other would not be a problem with regard to the front elevations because they were very different looking from one another, but the rear elevations looked the same for all the different styles. Mr. Henthorn reviewed the differences in the styles for Plan three, including a number of deck options. Chairperson Baker asked what determined which rear balcony was plotted where on any particular unit. Mr. Henthorne stated that the decks were options, but that the applicant would be willing to pre-plot them to ensure variations where those conditions exist. Chairperson Baker opened public testimony and invited those who would like to speak to the podium. Seeing none, she closed public testimony. DISCUSSION Commissioner White stated that all three front elevations of all three plans were very well done and the rear elevations for Plan 1 and 2 showed nice variety, but Plan 3 was not quite up to par with the first two plans. She stated that if the applicant was willing to pre-plot the balconies that she would prefer that. Chairperson Baker asked if they should be pre-plotted for the whole development or just for the plans that were adjacent to each other. Commissioner White stated that they should avoid having two houses near each other that looked the same. Commissioner Montgomery stated that it was a well-designed project and he was in favor of it. He stated that the applicant had gone beyond what the Planning Commission had been asking for in enhanced rear elevations. Commissioner Heineman agreed with the previous comments and thought that the pre-plotting was a good idea. He stated that he was in favor of the project. Commissioner Segall stated that he supported the project. He stated that there was a lot of integrity from the front to the back. Chairperson Baker stated that the project looked great. She was in favor of pre-plotting the Plan threes that were next to each other, but suggested leaving the balconies optional for the buyer throughout the rest of the development. All Commissioners agreed. Ms. Mobaldi stated that it should be made a condition. Planning Commission Minutes December 17,2003 Page 20 Commissioner Segall asked if the condition would mean that if a buyer wanted Lot 15 but it didn’t have a balcony because the home next to it did have one, that the buyer couldn’t add one. Chairperson Baker stated that the buyer would have to buy a Lot elsewhere that had the balcony they wanted already plotted. Commissioner Segall asked if the applicant was amenable to that. Jim Highland, with K. Hovnanian, stated that in those situations they could pre-plot a balcony on either, it would just be a different balcony, because there were three different balcony options. Commissioner Segall disclosed that both he and the applicant serve on the Chamber of Commerce Board of Directors and they have not discussed this project. Chairperson Baker called for a motion. MOTION ACTION: Motion by Commissioner White, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 551 8 recommending approval of Planned Development Permit Amendment, PUD 01 -08(B), based on the findings and subject to the conditions contained therein, and also containing the condition that on the Plan 3s the rear elevations and balconies will be pre- plotted to ensure a mix where adjacent to each other. VOTE: 5-0 AYES: NOES: None Baker, Heineman, Montgomery, Segall and White Chairperson Baker closed the public hearing on Item 7. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp 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 Proof of Publication 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 penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California This DAay of January, 2004 I Signature NORTH COUNTY TIMES Legal Advertising 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, February 3, 2004, to consider a request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and to approve, pursuant to Section 7.2.7 of the Villages of La Costa Master Plan, of an amendment to Planned Development Permit, PUD 01-08, for building floor plans, elevations and plotting for the development of 90 single-family detached homes located within Neighborhood 3.9 of the La Costa Oaks South Village. The project site is located on the west side of re-aligned Rancho Santa Fe Road, on the east of Neighborhood 3.8 and within Local Facilities Management Zone 11 and more particularly described as: Lots 72 through 161 of City of Carlsbad Tract CT 99-04, Villages of La Costa - La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14379, filed in the office of the County Recorder of San Diego County, on April 29, 2002. 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 January 30, 2004. If you have any questions, please call Saima Qureshy in the Planning Department at (760) 602-461 9. If you challenge the amendment to Planned Development Permit, PUD 01-08, 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: PUD 01-08(B) CASE NAME: VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.9 PUBLISH: January 23,2004 CITY OF CARLSBAD CITY COUNCIL VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD 3.9 PUD 01-08(B) CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 SAN DlEGUlTO SCHOOL DlST 701 ENClNlTAS BLVD ENCINITAS CA 92024 CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC W ORKS/COMMU N ITY SERVICES SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR SAN MARCOS CA 92069 LEUCADIA WASTE WATER DlST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DlST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE I03 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PROJECT PLANNER SAIMA QURESHY 0 1 /06/2004 AVERY.3 Address Labels CITY OF CARLSBAD PUBLIC WORKSlENG I N EERl NG DEPT ENCINITAS SCHOOL DlST 101 RANCHO SANTA FE RD ENClNlTAS CA 92024 OLlVEN HA1 N WATER D IST 1966 OLIVENHAIN RD ENClNlTAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I. 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Area for each lot is 6,000 sq. ft.Min. Area for each lot is 6,000 sq. ft. PUD 01-08(B) Approval of Architecture and Plotting Three Floor Plans ➤Plan 1 - 3,369 sq. ft. ➤Plan 2 - 3,489 sq. ft. ➤Plan 2X - 3,263 sq. ft. ➤Plan 3 - 3,487 sq. ft. Three different elevation styles for each floor plan Twelve color schemes Consistent with the Master Plan Plan 1 – European Country Plan 1 Plan 1 ––European CountryEuropean Country Plan 2 – Italian/Tuscan Plan 2 Plan 2 ––Italian/TuscanItalian/Tuscan Plan 2X – Spanish Colonial Plan 2X Plan 2X ––Spanish ColonialSpanish Colonial Plan 3 – Craftsman Bungalow Plan 3 Plan 3 ––Craftsman BungalowCraftsman Bungalow Environmental Review Evaluated in Final Program EIR 98-07 Proposed project determined to have no effects beyond those analyzed in EIR 98-07 Recommendation That the City Council approve PUD 01-08(B)