HomeMy WebLinkAboutCT 98-06; Poinsettia Shores - PA C; Tentative Map (CT) (6)Hofman Planning
Associates
Planning Project Management Fiscal Analysis
February 15, 2001
Anne Hysong
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
SUBJECT: Poinsettia Shores MP -• Santalina; Noise Walls
Dear Anne:
Thank you completing your review of the proposed changes to the noise mitigation walls identified in
my letters dated February 1 and February 14, 2001. This letter serves to document said review and
the Planning Department's decision regarding the requested changes.
Pursuant to our conversation yesterday, the Planning Department has approved the requested
changes to the noise mitigation walls located on Lot 1 and on Lot 27.
Lot 1 - Increase the height of the wall from the approved top of wall elevation of 118 feet up
to 119.5 feet.
Lot 27 - Change the rear Tubular Steel View Fence to a Glass View Fence between the
midpoint of Lot 27 and the lot line separating Lot 27 from Lot 28. This is an
extension of the required noise mitigation wall approved for Lot 28.
Regarding the request to extend the Glass View Fencing down the slope at the rear of Lot 27, the
Planning Department denies the request for an administrative change to the fencing plan for this
section of fencing. Since walls and fencing were one of the primary issues raised by the adjacent off-
site property owners during the public hearing process for Gantalina and there were conditions placed
on this project related to the design of the walls and fencing, it is the Planning Department's position
that this requested change would require an amendment to the Site Development Plan. This
amendment would also require the approval of the Planning Commission at a public hearing.
Provided below is a signature line that affirms the above statements. If the above is correct, please
sign and return a copy to my office for our records. Thanks again for your assistance.
Anne Hysong, Planning Devilment Date
Sincerely,
Stan Weiler
5900 Pasteur Court ° Suite 150 • Carlsbad ° CA 92008 • (760)438-1465 ° Fax: (760)438-2443
Hofmon Planning
Associates
Planning Project Management Fiscal Analysis
February 12,2001
Anne Hysong
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
RECEIVED
FEB 11 2001
CITY OF CARLSBAD
PLANNING DEPT.
SUBJECT: Poinsettia Shores - Planning Area C (Santalina); Wall Issues - Revised Information
Dear Anne:
Considering our conversation today, this letter provides you with some additional information
regarding the requested changes to the walls within the Santalina project.
Traffic Volume Changes
After reviewing the noise analysis prepared in February 1998 and comparing it to the latest noise
analysis prepared in February 2000,1 found that the primary assumptions that changed were the
future traffic volumes on 1-5 and the percentage of medium and heavy truck traffic on 1-5. The
original noise analysis assumed future daily traffic volume on 1-5 to be 215,600 based on a traffic
analysis prepared by P&D Technologies in April 1991. The updated noise analysis assumes a future
daily volume of 235,000 based on information received from CALTRANS (San Diego), February 7,
2000. The percentage of truck traffic on 1-5 in the original noise analysis stated that there would be
3.26% medium trucks and 3.73% heavy trucks. This information was obtained from the Caltrans
Highway Traffic Manual (1988). The updated noise analysis assumes 3.9% medium trucks and 4.0%
heavy trucks on 1-5 according to the Caltrans Highway Traffic Manual (1997).
Sound Wall - Lot 1; Increase in Height
The previous letter that I submitted to you on February 1 stated that the noise barrier along 1-5 was
originally approved at six feet in height. Upon review of the original noise analysis (attached) and
the approved tentative map, the barrier was approved at seven feet with six feet of exposed wall. The
top of wall elevation was approved at 118 feet and the revised noise analysis states that the elevation
of the wall needs to be 119.5 feet.
The noise barrier at Lot 1 can be accommodated by increasing the wall height by 1.5 feet.
To mitigate against the aesthetic impacts, Greystone Homes would plant appropriate
landscaping that would cover the wall.
5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 •> Fax: (760)438-2443
Sound Wall - Lot 27; Increase in Length
Again, I found that the noise barrier was originally approved as a seven foot barrier with six feet
exposed along the entire rear property line of Lot 28. This is different from what I described in my
letter to you on February 1. The revised noise analysis states that a six foot noise barrier along the
southern portion of the project must be extended to the halfway point on the rear property line of Lot
27. The difference between the approved noise analysis and the revised analysis is that the height of
the noise barrier decreases, but the length increases. This change may be the result of pad elevation
< changes as well as increase in traffic volumes. The base-of-wall elevation used in the original noise
analysis was 126.7 and the base-of-wall elevation in the revised analysis is 124.5.
With regard to the adjacent property owner's concerns, I recall that some of the adjacent property
owners stated during the public hearings that they did not like solid walls. They would prefer that
the any fences or walls would allow for views. Although these property owners would prefer that
there were no solid barriers, I believe that they understood that the city has ordinances requiring
mitigation for noise impacts. In order to meet those requirements, these property owners accepted
the view wall concept. I do not believe that going back to the adjacent property owners for their
acceptance of a view wall for noise mitigation purposes will accomplish anything. The noise
analysis states that the noise barrier must be extended,.therefore, the noise barrier must be extended.
The opinion of the adjacent property owners is inconsequential. Additionally, the April 13, 1999,
City Council minutes stated that "The developer shall consult with surrounding homeowners to
determine the most aesthetically pleasing design for walls/fences not required to mitigate noise that
are located along the project's Navigator Circle frontage. " It seems to me that it is the Planning
Department's role to make this decision.
Lot 27 - Greystone Homes is proposing to extend the view wall as required by the noise
analysis.
There is no additional information regarding the request to extend the view wall down the slope,
I hope this additional information is helpful.
Sincerely,
Stan Weiler
cc. Matt Howe
enclosures
Hofman Planning
Associates
Planning Project Management Fiscal Analysis
February 1,2001 \
Anne Hysong
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
SUBJECT: Poinsettia Shores - Planning Area C (Santalina); Wall Issues
Dear Anne:
As requested, this letter is prepared to provide you with background information regarding
changes to various walls within Planning Area C (Santalina) of the Poinsettia Shores Master
Plan. Greystone Homes is asking for concurrence with the requested changes.
Sound Wall - Lot 1; Increase in Height
The original noise analysis for the Santalina project stated that in order to mitigate noise
impacts from 1-5 a noise barrier of six feet in height along 1-5 would be adequate. Based on
an updated noise analysis by the same consultant (Mestre/Greve), the noise barrier adjacent
to Lot 1 needs to. be nine feet. The increase in the height of the noise barrier is due to
updated assumptions used in the noise analysis to account for an increase in traffic on 1-5.
The noise barrier at Lot 1 can be accommodated by increasing the wall height by
three feet. To mitigate against the aesthetic impacts, Greystone Homes would plant
appropriate landscaping that would cover the wall.
Sound Wall - Lot 27; Increase in Length
The revised noise analysis states that a six foot noise barrier along the southern portion of the
project must be extended to the halfway point on the rear property line of Lot 27. The noise
barrier was originally required as six foot view wall at the top of slope along the entire rear
property line of Lot 28. The wall was to terminate at the property line between Lot 27 and
Lot 28. The revised noise analysis states that the noise barrier must extend to the halfway
point of the rear property line for Lot 27.
Lot 27 - Greystone Homes is proposing to extend the view wall as required by the
noise analysis.
5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443
Also, one of the property owners on Lot 27 requested to have the view wall continue half
way down the slope, replacing the tubular steel fencing that is currently in place. This
request is to increase the property owner's view from his rear yard.
Lot 27 - If acceptable to the City, Greystone Homes would accommodate the request
of the property owner.
Enclosed are portions of the noise analysis prepared by Mestre Greve Associates identifying
the changes to the noise barriers. Also enclosed is an exhibit identifying the location of the
requested wall changes on Lot 27. Please review the information provided and notify me
regarding your determination of the requested changes.
Sincerely,
Stan Weiler
cc. Matt Howe
enclosures
BR Bruner&Rosi Management, Inc.
Serving the Homeowner Association Industry 1930 So. Coast Hwy. Suite 110, Oceanside, CA 92054-6466
Rosalena Owners Association
October 17, 2000 RECEIVED
NOV22200Q
ENGINEERING
City Council DEPARTMENT
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Council Members:
I am writing at the direction of the Rosaiena Owners Association Board of Directors. The Rosalena
Community is made up of 75 homeowners located on Navigator Circle, a private street, in Southwest
Carlsbad. At Windrose and Navigator Circle, Greystone Homes is building a new development called
Santalina. As members of our community watch the new homes going in, they have expressed concern
regarding the impact the additional traffic will have on the area communities, including Santalina.
The concern is the access into Santalina from Navigator Circle. Santalina is a gated community with
two entrances, the main entrance on Windrose and the second on Navigator Ckcle. The latter is the
entrance that causes concern. This gated entrance onto Navigator Ckcle is located just across the street
from the only access to the Vistamar Community, and onto the main access to Rosalena, which is a
busy narrow two-way street with parking on both sides. With the addition of the traffic from the
Santalina Community it will become a very dangerous street. This will be compounded when two or
three vehicles are trying to enter the Santalina gate causing vehicles to backup into the street.
Member of the Community met with representatives of the City and Greystone Homes to address the .
Communities concerns. At that time, the discussion was to eliminate the gate or make it an emergency
gate only. It was determined that neither of these solutions was practical. In an effort to resolve their
concerns, members of Rosalena continued to search for a solution that will accommodate everyone.
They have found an excellent compromise. Driving through the communities in San Pacifica, all of the
second gates are exit only gates. If the Santalina gate onto Navigator Circle was made an exit only gate
and a right turns only exit, it would make the street considerably safer.
In closing, the Rosalena Community request that the City consider making the Santalina Community
gate at Navigator Ckcle be an exit only gate and a right turn only. We understand the developer does
not object to this solution. Thank you for your consideration in this matter.
The Board of Dkectoi
cc: Citv of Carlsbad
•:\ Traffic Department
Planning Department
(858) 481-7823 - Del Mar (619) 670-7508 - El Cajon (760) 431-0148 - Escondido
(760) 433-8868 - North County * (760) 433-0507 - Fax
City of Carlsbad
' ^ V^V^BiH^^Vi^^^^^V*^^^^^^^^^^^^^^^^^^Planning Department
October 25, 1999
Major Michael L. Bennett
662 Compass Ct.
Carlsbad, CA 92009
SUBJECT: CT 98-06 - POINSETTIA SHORES PLANNING AREA C
Dear Mr. Bennett:
On April 13, 1999, the City Council approved a Planning Commission recommendation for approval of a
development proposal for Planning Area C within the Poinsettia Shores Master Plan. At both the
Commission and Council hearing there was testimony requesting that the secondary access for Planning
Area C be gated and available only as an emergency access. Both the Commission and the Council also
heard testimony that without the access the project did not comply with the City's cul-de-sac policy. In
other words, there would be too many units for a safe single access. In order to address the
neighborhood concerns, the Council approved the project with a requirement that the subject secondary
access be for residents only, thereby limiting the amount of potential traffic using it.
The Planning Commission on October 20, 1999 approved an amendment to extend the grading period for
Planning Area C to November 15th. The secondary access was not a matter before them and so they
could not take action on the issue. In order to convert the secondary access to an emergency access only
would require an amendment to the original conditions of approval.
Regarding your request for the City to condition the developer to provide a wall and/or landscape
screening' on the west side of Navigator Circle, this also would require an amendment to the original
approval. However, this would be more complicated because it would also require the developer to
acquire off-site rights to construct either or both. Please note that the existing neighborhoods in the
master plan have expressed concerns about additional walls.
As you have suggested in your October 23, 1999 letter to Mr. Howe from Greystone Homes, an informal
landscape solution worked out between you and Greystone Homes may be amenable to all parties.
Please note, however, that if the proposed landscaping alters the approved landscape plans for your
Planning Area (B-2), your HOA will need to submit a construction change to the City for approval.
Please contact me if you have additional questions or concerns or if I can be of further assistance.
Sincerely,
Anne Hysong,
Associate Planner
AH:eh
Gary Wayne
File
2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 - (760) 438-1161 • FAX (760) 438-O894
Maj Michael L. Bennett
662 Compass Ct.
Carlsbad Ca. 92009
PLANNING DEPARTMENTv City OfOctober 23,1999
Matthew J. Howe
Greystone Homes, Inc. / Lennar Homes
5780 Fleet Street
Suite 300
Carlsbad, Ca 92008
Sir
I appreciate your willingness to take the time Wednesday evening to discuss a landscaping solution to
the problems created by the planned intersection of Navigator Circle and Neptune Circle with the
development of Poinsettia Shores Area C. As we have discussed, the intersection will create additional
automobile noise and will cause automobile headlights to shine into the yards and homes of the
existing Vistamar residents along Navigator Circle. Anne Hysong, representing the City of Carlsbad
Planning Department, recommended that I work with your firm to find a solution to the problems that
this new construction will generate.
A commitment from Greystone to take responsibility for creating this new problem in our neighborhood
will certainly generate good will with respect to the project. I know that Greystone has identified a
possible need to grade on weekends in order to stay within the November 15th grading deadline; as the
closest residents to the site, we would be more likely to communicate positively with the City Engineer,
Planning Commission, and City Council about grading on Saturdays if we had an agreement with you
that addresses our other concerns.
The adverse affects on our quality of life and the value of our homes that this project is going to create
are issues that will not go away. It would seem reasonable to address them early, with a low cost
landscaping solution, rather than have the issue continue to drag on.
Respectfully,
_ ^___
Michael L. Benne
Major, United States Marine Corps
Cc:
Mayor Lewis
Carlsbad City Council
Carlsbad Planning Commission
Jean Moore Warrick
7521 Navigator Circle
Carlsbad, CA 920O9
April 21, 1999
Ms. Anne Hysong
City of Carlsbad Planning Department
205 Las Palmas Drive
Carlsbad, CA 92009
Dear Ms. Hysong:
POINSETTIA SHORES PLANNING AREA C
My husband and I attended the meeting of the Carlsbad City Council on April 13 at which
time the subject project was discussed.
As a homeowner in Rosalena, living directly across from the proposed project, I was
pleased with the amount of time the Council members devoted to the discussion.
I am sure you realize we are not happy with having an access and egress gate on our
private street into the new project. But we understand the need for two gates into a
development as large as this one will be.
I am writing about the still-open subject of the walls around the perimeter of the project,
facing the street. I was delighted that the Council members referred this matter back to the
Planning Department, with the request that the developer and the Rosalena Home
Owners' Association confer, leading to a solution that will be satisfactory to all parties.
The Greystone representative at the meeting indicated that a low wall with either a tubular
metal fence or some sort of plexiglass on the upper half would be acceptable to his firm. I
would like to cast a vote for tubular metal fencing on top of low walls for the following
reasons:
• It would be consistent with homes of nearby neighbors on Navigator Circle.
Rosalena is not a walled community. Our homes are open to the street.
Between and behind our houses, there is 56" high tubular metal fencing. Where
adjacent lots are at different elevations and require retaining walls, this fence is
placed on top of those walls. Vista Mar, a community of 16 cluster homes at the
corner of our street and Windrose Circle, directly across from the proposed
project, has low slump stone walls, with metal tubular fencing on the upper half,
facing the street. The walls are very attractive and promote an open and friendly
feeling as you pass bv the houses. Between houses is tubular metal fencing, of
the same type as between Rosalena's homes.
Ms. Anne Hysong
Page 2.
April 21, 1999
• The new homes in the Santander and San Sebastian developments have high
slump stone walls between the houses and the pavements. As you drive on
Avenida Encinas and Windrose Circle, you have the feeling that you are in a
walled city. What used to be a beautiful open view to the ocean, as you drove
around the curve on Avenida Encinas after you passed Ralph's shopping center,
is gone and all one can see are walls, walls, walls. Half walls, with tubular metal
fencing on the top, would have opened up the area significantly. I certainly hope
that the Planning Department will think long and hard before it permits future
developers to use miles and miles of such walls as are in our neighborhood and
now being built on Palomar Airport Road by the Rancho Carillo developer.
• The use of plexiglass or some similar material on the upper part of the walls
would certainly strike a discordant note in our community. There are no such
walls near us. I have observed this glass in other developments, and as time
goes by, it becomes scarred, is often dirty, and lowers significantly the
attractiveness of the homes.
Many homeowners have a considerable part of our assets invested in our homes. It is
critical for us to try to keep the value of these homes as high as possible. But beyond that,
the pleasure we get living in houses that we can be proud of and that are attractive, open
and conducive to promoting friendships with our neighbors is very important to our
well being.
Carlsbad is a delightful city in which to live. Let's keep it open and friendly.
Sincerely yours,
Jean Moore Warrick
Copies to:
City Councilpersons: Rosalena HOA Board of Directors
Mayor Bud Lewis
Ramona Finnila
Julie Nygaard
Matt Hall
Ann Kulchin
;
JR-13-1999 10=48 CITY OF CPRLSBflD
AGENDA ITEM*,
a
760 720 9461 P.02/02
Mayor
CltyCoaKO
City Counsel,
City Attorney
Ctyderit 4/5/99
PLEASE DO NOT APPROVE POINSETTIA SHORE AREA C
PAREL * 36-140-30 to be developed. THE DEVLOPERS
OF THIS MASTER PIAN (joko) have gotten away with
CRIMINAL ACTS OF FRAUD AND MISREP, THROUGH OUT THIS
*****DEVELOPMENT. WHY ARE NONE OF THE COUNSIL HEARING OUR
PLEAS? COME TO THE MASTER ASSOC. MEETINGS AND SEE
THE ANGRY
NOT ONLY ARE THEY SELLING COMMON AREA IN THE AIR AND
BELOW THE GROUND, PEOPLE HAVE BEEN MISLEAD. WHEN WILL IT
STOP? NOW THEY OPENED A POOL THAT DOES NOT HAVE HEAT OR
THE HOT TUB, BUT ONLY ONE WORKING TOILET. THEY HAVE
NO AREAS FOR CHILDREN, YET SELL FOURj_FIVE BEDROOM HOMES.
AREA C IS USED FOR NESTING FOR MANY DIFFERENT
AND RARE BIRDS. IT WILL ALSO BE THE ONLY OPEN SPACE LEFTJ I t
PLEASE_IPLEA5E. RECONSIDER LET- AS THEY PUT (FINDING A TRICKY
WAY IN SELLIN& US AIR)
cc/
mayor
city council memberscoast.al comm.
dept of real estate
TOTflL P.02
CREYSTONE HOMES, INC. / LENNAR HOMES CREYSTONE
HOMES
I <Slennof
^••H Homes, since 1954
5973 Avenida Encinas
Suite 101
Carlsbad, CA 92008
Office 760-804-7700
Fax 760-804-7716
February 18, 1999
Anne Hysong
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
SUBJECT: Poinsettia Shores Master Plan - Recreation Center
Dear Anne:
At your request, I have prepared this letter to address the issue regarding the opening of
the San Pacifico Recreation Center and the trail segment between Planning Areas A-2
and A-3 within the Poinsettia Shores Master Plan. These issues surfaced long before
Planning Area C was heard by the Planning Commission on January 17, 1999, but they
were raised again at that forum by a few of the neighbors within Planning Area B-2.
Unfortunately for Greystone Homes, the public hearing process for Planning Area C is
being used as a platform for disgruntled homeowners within Planning Area B-2 to voice
their grievances regarding issues that they have with the developer of their homes.
Although, Greystone Homes certainly has sympathy for those property owners, we have
not created nor have we been a party to the problems that they have indicated.
With regards to the opening of the recreation center, Greystone Homes does not have any
substantial influence or leverage to hasten the opening of the recreation center.
According to John Laing Homes (formerly Watt Homes and the builder of the recreation
center), the recreation center will obtain all "sign-offs" from the city and the county
health department this week. We expect to open the recreation center in mid to late
March.
In accordance with condition 14 of Planning Commission Resolution 3747 approving the
site development plan for the recreation center, completion of the recreation center shall
be achieved within two years after the issuance of the first building permit for a non-
model dwelling unit within the master plan. The first building within the master plan was
issued on August 1, 1997 for a dwelling unit within Planning Area B-2. Therefore, by
August 1, 1999 the recreation center must be open. Since this date is still several months
away and it is anticipated that the recreation center will be open within the next four to
six weeks, there is currently no violation of the conditions of approval for the recreation
center. Based on the information that I have recently received, I feel that all attempts to
provide for a timely opening of the recreation center are being made.
With regards to the issue of the trail segment between Planning Areas A-2 and A-3
leading from Windrose Circle to Avenida Encinas, the area where the trail is to be located
is currently under construction. Heavy equipment is still moving across this area due to
construction in both Planning Areas A-2 and A-3. Greystone Homes cannot open this
area for pedestrian use until the trail is constructed and construction in the vicinity has
been completed. I personally discussed this issue with one of the neighbors within
Planning Area B-2 and indicated to her that Greystone is working as quickly as possible
to complete the construction.
Condition 22 of planning Commission Resolution 3753 approving the tentative map for
Planning Area A-2 requires that this trail segment be constructed and landscaped prior to
occupancy of the adjacent residential units in Planning Area A-2. The trail segment
within Planning Area A-2 is complete. However, it currently terminates at the boundary
of Planning Area A-3 which is currently under construction. This remainder trail
segment is shown on the tentative map for Planning Area A-3. Condition 24 of Planning
Commission Resolution 3796 approving the tentative map for Planning Area A-3 also
requires that the remainder of the trail segment be constructed and landscaped prior to
occupancy of the adjacent residential units in Planning Area A-3. Since this area is still
under construction, the trail is not available for pedestrian use. I realize that this is an
inconvenience for those residents, however, Greystone Homes continues to maintain
compliance with the conditions of the tentative map and it is anticipated that the trail
segment will be completed and available for pedestrian us within the next two to three
months.
Greystone Homes has sold many homes within Planning Areas A-l and A-2. We have
been diligently disclosing as much information as possible to the homebuyers to ensure
that they all have a full understanding of ownership, maintenance responsibilities and the
opening of the recreation center and trails. Although some of the current homeowners
have called and asked questions regarding these issues, to my knowledge there have not
been any complaints to Greystone Homes nor the city.
We at Greystone Homes strive to maintain a high level of integrity and product quality.
It is our desire to not only meet the needs of our homebuyers, but also those needs of the
adjacent neighbors. We have talked to the developers within Planning Area B-l who
have assured us that they are diligently working toward the opening of the recreation
center. However, Greystone Homes does not have any additional leverage to expedite
the opening. We can only continue to be honest with the homebuyers and adjacent
neighbors regarding any issues raised and continue to address those issues to the best of
our abilities. I think that if you speak with any of the homebuyers and adjacent
neighbors, we have been faithful to those people. We do not feel that Planning Area C
should be used to solve issues that are outside of our control.
I appreciate all of your input during the processing of this project and hope to continue
with the dialog that we have enjoyed with you. If you have any questions, please feel
free to give me a call.
Sincerely,
-J\f] j^^h,~ lutfarn
Brian Nestoroff U ^
Greystone Homes
cc: Mayor Claude A. Lewis
Matt Hall, Mayor Pro-tem
Ramona Finnila, Council Member
Ann Kulchin, Council Member
Julianne Nygaard, Council Member
Gary Wayne, Assistant Planning Director
Adrienne Landers, Principal Planner
,tLUCE, FORWARD, HAMILTON ^-SCRIPPS m>
NANCY T. SCULL, PARTNER ATTORNEYS AT LAW • FOUNDED 1873
DIRECT DIAL NUMBER 619-699-2457
DIRECT FACSIMILE NUMBER 619-645-5398
E-MAIL ADDRESS: NSCULL@AOL.COM
SAN DIEGO OFFICE
OURFILENO.: 26183-00014
Februarys, 1999
BY HAND-DELIVERY
Ms. Anne Hysong
Associate Planner
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
Re: Poinsettia Shores
Dear Ms. Hysong:
I am writing this letter to you at the request of Stan Weiler of Hofman Planning Associates to
describe to you the proposed condominium structure which will be utilized by our client, Greystone
Homes, for the Poinsettia Shores Planning Area C Project. As you know, Greystone intends to
develop a fifty-eight (58) unit duplex condominium project. Under California law, a condominium
is comprised of a "separate interest", and an "undivided interest". The separate interest, which is
commonly referred to as "air space" actually can consist of an interest in air, or an interest in air and
real property. In this case, the separate interest component of this condominium will be comprised
of a three-dimensional cube. The lower boundaries of this three-dimensional cube will extend 15-20
feet below ground level elevation. The upper boundary would extend to the heavens above. One
side boundary would extend to the air space between the walls of the attached duplex structure, and
the other side boundary would extend to the lot line. I have attached diagrams showing the
configuration.
The undivided interest would consist of the balance of the lot. Each of the two owners would own
a one-half undivided interest in the area extending from the lower boundary of the cube to the center
of the earth.
Each owner will be responsible for maintaining the residence and all the other improvements situated
within the owners separate interest. This means that the owners maintain his or her residence, the
side yard, rear yard and front yard of either unit.
600 WEST BROADWAY, SUITE 2600 • SAN DIEGO, CALIFORNIA 92101 • TELEPHONE (619) 236-1414 • FACSIMILE (619) 232-8311
SAN DIEGO • LA JOLLA • NEW YORK • Los ANGELES • SAN FRANCISCO • CHICAGO
tM. ^-.
ATTORNEYS AT LAW • FOUNDED 1873
Ms. Anne Hysong
February 8, 1999
Page 2
The CC&Rs will provide, however, that if an owner fails to maintain his or her separate interest in
accordance with the provisions of the CC&Rs, then the Association could perform that maintenance
on behalf of the owner and charge the owner for any costs incurred by the Association. This
structure has the advantage of giving owners responsibility for their own home maintenance.
I would be happy to answer any questions which you may have regarding the structure.
Very truly yours,
Nancy T.(
of
Luce, Forward, Hamilton & Scripps LLP
NTS/avt
cc: Mr. Stan Weiler
Ms. Kristine A. Zortman
600 WEST BROADWAY, SUITE 2600 • SAN DIEGO, CALIFORNIA 92101 • TELEPHONE (619) 236-1414 • FACSIMILE (619) 232-8311
SAN DIEGO • LA JOLLA • NEW YORK • Los ANGELES • SAN FRANCISCO • CHICAGO
POINSETTI*SHORES PLANNING*AREA 'C'
TYPICAL OWNERSHIP & MAINTENANCE RESPONSIBILITY AREA EXHIBIT
-LOT LINE
SEE SHT. 2
FOR SECTION
LOT LINE
PUBLIC UTILITY-
EASEMENT
LEGEND:
CONCEPTUAL
BUILDING LINE
(TYPICAL)
LOT LINE
LOT LINE
CONDOMINIUM UNIT LINE
FENCE
LOT LINE
'CURB & CUTTER
UNIT OWNER MAINTENANCE
RESPONSIBILITY AREA
(PRIVATE OWNERSHIP)
HOMEOWNER ASSOCIATION
MAINTENANCE RESPONSIBILITY
AREA (ASSOCIATION PROPERTY)
NOTE:
THIS DRAWING IS INTENDED ONL Y TO BE AN APPROXIMATE VISUAL
ILLUSTRATION OF THE TYPICAL OWNERSHIP AND MAINTENANCE
RESPONSIBILITY AREAS FOR EACH LOT.
-* X X X-
SHEET 1 OF 2
REVISED 2/12/99
CONSULT J
MOO Potteur CourtSoil. 100
CorWxxl. CoBlomio 12006
760-931-7700
Fo»: 7W-UI-8UO
Civil Engineering
ProcessingSurveying
F:\JQBS\9610I9\9619NZ03 2-16-99 10=34=40 an
^OINSETTIA SHORE*
PLANNING AREA 'C'
TYPICAL OWNERSHIP & MAINTENANCE
RESPONSIBILITY AREA EXHIBIT
ONE LOT (JOINT OWNERSHIP)
UNIT 'A' OWNERSHIP
AND MAINTENANCE
UNIT 'B' OWNERSHIP
AND MAINTENANCE
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GROUND
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RESPONSIBILITY AREA I RESPONSIBILITY AREA
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NOTE:
THIS DRAWING IS INTENDED ONL Y TO BE AN APPROXIMATE VISUAL
ILLUSTRATION OF THE TYPICAL OWNERSHIP AND MAINTENANCE
RESPONSIBILITY AREAS FOR EACH LOT.
SHEET 2 OF 2
CONSULT**
MOD Pottnr Court
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CorMxxl. Cofihxnio 92008760-931-7700
Fan: 780-931-8880
Civil Engineering
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FAJDBS\961019\9619NZ03 2-12-99 H8>44 pn
Hofmon Planning
Associates
Planning Project Management Fiscal Analysis
February 2, 1999
Anne Hysong
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
SUBJECT: CT 98-06; Poinsettia Shores - Planning Area C
Dear Anne:
As requested, this letter is to formally request a 90-day extension to allow for the
continued processing of CT 98-06.
The tentative map along with the condominium permit, coastal development permit and
hillside development permit were first submitted to the city on February 27, 1998.
These applications were deemed complete on August 24, 1998. In accordance with
state law, final approval must be obtained within six months of the applications being
deemed complete. Since that date will be February 24, 1999 and we do not expect to
get to City Council until sometime in March, we are submitting this letter to formally
request a 90-day extension.
If you need any additional information of if you have any questions, please feel free to
give me a call.
Sincerely,
*^rStan Weiler
cc. Kristine Zortman
John Sherritt
5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443
01/25/99 MON 15:47 FAS 760 942 8480 Chuck Keeler
January 20,1999
To: Mr. Claude Lewis, Mayer
Re: Poinsettia Shores Master Plan/San Pacifico/Vista Mar B-2
January 20* Planning Dept. Meeting and February 2nd City Council Meeting
I would like to address the problems the home owners are having at Vista mar/B-2/Watt
homes. The efforts that we have gone to to work with the City and the Builder to resolve
these problems and the frustration I experienced and personally felt while at my first
Planning Dept. Meeting on January 20th
January 1997 we became aware of the Vista Mar project at Poinsettia Shores, A.K.A. San
Pacifico. We put our names on an interest list in April, sold our home in June for a July
move in only to find out that Watt had not filed the white papers with the Dept. of Real
Estate until July '97. We were forced to put our belongings in storage and find a rental.
(during racing season) As were other buyers.
The homes were transferred over to us in Dec. '97. The homes were rushed and there
were numerous problems with grading, streets, irrigation, title etc.... We started to
have dialog with the City of Carlsbad at this point, early 1998. We contacted Eric Munoz,
Mr. Ball, Mr. Rudolph, Gary Wayne and too many others to list Watt Homes would
placate the City but do little to solve these problems.
We then had questions on our title. Mr. Rudolph, Watt Homes and Chicago Title
conducted meetings that we homeowner's were refused access to. These title,
ownership, lot, irrigation, maintenance and annuity issues are not yet resolved.
We waited for the pool area (recreation center) to open. It had been promised to be ready
in March '98, then June, then July, then December??? We have been paying $135 a
month HOA Fees with no access to private facilities. The trail systems should be
completed as each phase goes in but this has not been done either. Now there is talk that
we may be shut out of some of the trail system. Vistamar B-2 is also the only phase with*
out a gated entry and demarkation? I could go on...
I feel that the Builder and the City of Carlsbad have abandoned us. We moved from Del
Mar hoping that Poinsettia Shores Master Plan (a.k.a. San Pacifico) would be like Aviara
(west). We have been sadly disappointed.
01/25/99 MON 15:47 FAS 760 942 8480 Chuck lieeley
The January 20th Planning Dept. Meeting was of importance to the Homeowners due to
the possible approval of Final map area C-l, Greystone. I believe that this is the last
map to be approved in the Poinseetia Shores/San Pacifico Development, We attended the
meeting to express our concerns that once this map is approved the builders may just
build out, sell and leave our area without finishing the Rec, Center, trails ect. The City of
Carlsbad and the Homeowners will then have no leverage to get the builders to fulfill
their obligations to the home owners. One homeowner wrote a lengthy letter to Gary
Wayne outlining our concerns but this letter was not passed along to Ann Heyson? At
the Planning Meeting I was appalled at the level of respect that the Applicant (Greystone)
was shown and the disrespect the homeowners who actually live in Carlsbad were
shown. When a motion to pospone was seconded the applicant panicked, he was allowed
to go and talk privately with Mr. Rudolf, Gary Wayne and Ann Heyson. The floor was
reopened for discussion and the applicant was allowed to use meir Engineer (if he was
one) to answer Council Members questions - the City's Engineer was not present When
the residents expressed interest in speaking again they were yelled at?, and denied the
opportunity to speak. Why is the City bending over backwards to help these Builders who
have consistently broken promises over the last year, used the cheapest materials, not
completed the private facilities ect.. ?
I am hoping that someone that reads this letter will lend us, the residents of Vistamar, San
Pacifico a hand in sorting out the ongoing problems in this development before it is too
late. We all loved Carlsbad, that is why we moved here. This Development could be
beautiful like Aviara but not with out your help! These builders have consistently taken
short cuts in this Development. We have also just learned that Greystone is not planning
to let us have access to a trail that runs in-between their two communities (A-2/3). This
trail gives us access to the pool. When we bought into this project it was sold to us on the
premise that all trails would be accessible to the homeowners in all developments of San
Pacifico. This is also stated in the Poinstta Shores Master Plan. My point being that if
someone in the City can not keep a close eye and a short leash on these builders then this
development and our property values will be harmed.
-Questions for City Counsel Meeting
1) Why is the City of Carlsbad signing off on building phases when the builder has not
yet met their obligations under the Master Plan - to finish private facilities and trails.?
2) Don't the Builders have to build per and follow the Poinsettia Shores Master Plan?
3) Will the Council postpone mis vote on Final Map C-l until Homeowner issues are
resolved?
01-25/99 MON 15:47 FAX 76U 942 8480 Chuck Keelej-ifcl O U -4
4) Why is the City of Carlsbad allowing builders to build condos (per permits) and then
advertise and sell them as single family homes?, (ie: Tramonto, Marea, Mar Vista, Vista
Mar and Oceanwalk?)
Thank you ft?your time and assistance.
Ms. K. Donnelly
618 Compass Ct
Carlsbad CA 92009
(760)942-4952
CC: Bill Compass/Courtney Hememan/RobertNielson/Bsily Noble/Peggy Savary/Kim
Welshons //Mr. Rudolf/ Mr. Ball/Gary Wayne/Ann Heyson/Eric Munoz // Claude
Lewis/Ramona Finnilla//Julianne Nygard/AimKulchin/Matt Hall // Testa and Assoc. //
N.C. Times // S.D. Tribune. //File
City of Carlsbad
Planning Department
December 29, 1998
Greystone Homes, Inc.
Attn.: Brian Nestoroff
5973 Avenida Encinas
Carlsbad, CA 92008
SUBJECT:CT 98-06 - POINSETTIA SHORES - PA C
The preliminary staff report for the above referenced project will be mailed to you
on Thursday, December 31, 1998, after 8:00 a.m. This preliminary report will be
discussed by staff at the Development Coordinating Committee (DCC) meeting
which will be held on January 11, 1999. A twenty (20) minute appointment has
been set aside for you at 10:00 a.m. If you have any questions concerning your
project you should attend the DCC meeting.
If you need additional information concerning this matter, please contact your
Planner, Ann Hysong at (760) 438-1 161, extension 4477, or you may contact your
Engineer, Clyde Wickham at (760) 438-1 161, extension 4353.
CITY OF CARLSBAD
GARY E. WtfYNE
Assistant Planning Director
GEW:AH:eh
c: File Copy
Hofman Planning
Attn.: Stan Weiler
5900 Pasteur Crt. #150
Carlsbad, CA 92008
2O75 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894
Hofman Planning
Associates
Planning Project Management Fiscal Analysis
November 24,1998
Anne Hysong
Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009
Subject: CT 98-06 - Resubmittal
Dear Anne:
This letter is in response to your letter of November 4,1998 regarding Planning Area C
of the Poinsettia Shores Master Plan. The following explains how we have addressed
your comments regarding unresolved issues:
Planning:
1. As requested, we have provided a 20' front yard setback for the building on Lot
24. Based on our conversation on November 16, 1998 a 24' driveway will be
allowed provided that Lot 24 has a 20' front yard setback.
2. We are in agreement to CC&Rs which will provide for 1) the general
maintenance requirements for all residential lots and structures within the
project; 2) the areas shared in common by owners of 28 duplex lots; and 3)
areas shared in common by owners of each duplex lot (exclusive use areas,
etc.).
3. Regarding the proposed trail connection, the area referred to in your letter is
located off-site. We have provided copies of DWG 265-2B to Clyde Wickham
which shows the alignment for the trail connection. However, this connection is
not located on-site and is not a part of the Master Plan trails. Since we will not
be required to construct the connection, we do not want to show off-site
improvements on our plans. We do not want to imply that we will be involved
with the off-site construction of the trail connection and believe that not showing
the connection on our plans will prevent confusion.
5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443
4. As requested, a Disclosure Statement with signatures from the current owners
was submitted to the City on November 16, 1998.
Engineering:
AROUND AT MAIN ENTRANCE:
1. A detail of the turning path for an AASHTO Type "P" vehicle requirement has
been incorporated into the plan (see Sheet 3 of the Tentative Map).
SECONDARY ACCESS FROM NAVIGATOR CIRCLE:
1. We agree with the requirements Scenario 3 which states that a sign must be
posted at the Navigator Circle entrance which states that the entrance is a
"RESIDENTS ONLY" entrance. A detail of this has been provided on the
Tentative Map.
CORNER SIGHT DISTANCE:
Regarding the Corner Sight Distance, O'Day Consultants will meet with the
Engineering Department to work out the details regarding this issue. No changes have
been provided on the Tentative Map.
DEVELOPER MUST SIGN THE TENTATIVE MAP:
Regarding the letter I sent to you dated October 14, 1998, I indicated the map was
signed but it was not. This was my mistake. The Tentative Maps accompanying this
resubmittal have been signed as requested.
TRAIL ACCESS STAIRS AND ADJACENT IMPROVEMENTS:
As stated above, since the off-site trail and access stairs are not a requirement for this
project, we have not shown details of the off-site trail/stairway construction. A copy of
DWG 265-2B has been forwarded to Clyde Wickham.
Accompanying this letter are three (3) copies of the revised Tentative Map, three (3)
copies of the Deck/Trellis Exhibits, and the redline check print from the Engineering
Department dated November 3, 1998. If you have any questions or need any
additional information please call me.
Sincerely,
J-&Za/£
Stan Weiler
t
City of Carlsbad
Planning Department
November 4, 1998
Stan Weiler
Hofman Planning Associates
5900 Pasteur Court
Carlsbad, CA 92008-7317
SUBJECT: CT 98-06/CP 98-05/HDP 98-04/CDP 98-27 -
PLANNING AREA C - POINSETTIA SHORES MASTER PLAN
Dear Stan:
The Planning and Engineering Departments have completed their review of your
October 15, 1998 submittal of the subject project, and the following issues remain
unresolved. Please review staffs comments and advise how you wish to proceed. If
the applicant wishes to proceed with the current design, staff will be unable to support
the project and it will be necessary to recommend denial.
Planning:
1. Please widen Street C to a minimum of 30' at all locations along the southern end of
the project. Please revise the setback table accordingly (my review indicated that
the percentages would still comply with the Master Plan requirements).
2. The project consists of 28 PUD lots with 56 airspace condo units. The project will
be conditioned to require CC&R's which provide for: 1) the general maintenance
requirements for all residential lots and structures within the project; 2) the areas
shared in common by owners of 28 duplex lots; and 3) areas shared in common by
owners of each duplex lot (exclusive use areas, etc.)
3. As the Engineering Department points out below, the proposed trail connection to
the adjacent property is located on a 2:1 slope. Please provide a section identifying
how this trail will be improved. Are stairs proposed down the slope?
4. Please provide a disclosure statement with signatures of current owners as required
to attach to the staff report for Planning Commission/City Council hearings.
Engineering:
AROUND AT MAIN ENTRANCE:
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1161 - FAX (760) 438-0894
[RCT 98-06/CP 98-05/HDF98-04/CDP 98-27 - POINSETTIA STORES MASTER PLAN
NOVEMBER 4, 1998
PAGE 2
The previous comments from this department on the proposed gate systems is that a
visitor ("P" vehicle) must be able to turn around and exit the project if entry is not
available, Not a 3 point turn, not a multiple forward and back motion just a simple
sweeping turn similar to a cul de sac. The design proposed has not been shown to
provide this simple "P" vehicle maneuver. We have asked that a detail be provided to
show these (two) gated systems and the specific design features associated with each.
SECONDARY ACCESS FROM NAVIGATOR CIRCLE:
As designed, secondary access to this development is required. The point of access on
Navigator Circle is identified in the Poinsettia Shores Master Plan and both the
entrance and exit maneuver is considered access. Emergency entrance and resident
exit only is not acceptable in terms of secondary access. Gates are optional and if
provided must include a turnaround for a design "P" vehicle. We have compromised
our position on Navigator Circle as a "residents only" entrance with out a visitor call box,
with signage, and with a vehicle activated gate opener. The Knox Box access for police
and fire is still required as on any gated system.
Stan's letter states that they respectfully disagree with the Engineering Departments
request for full access at this location. The same paragraph misquotes Fire Chief Smith
and then in closing adds " As a compromise .... Although we prefer the exit only
concept, we accept the compromise...." The plans have a comment from the design
engineer that says "We propose an exit only..."
We could approve 3 scenarios:
1. Reduce the project by 3 units, widen the main entrance to 2 lanes each direction to
a point that meets cul de sac policy standards, and leave the gate system as exit
only.
2. Remove the gate system on Navigator Circle, leave the project as designed.
3. Sign the Navigator Circle entrance as "RESIDENTS ONLY" include a detail on the
tentative map of the entrance and show Knox Box locations.
Think about which design you wish to develop and let us know the direction you decide.
Please let the Rosalina Homeowners association know your decision as well.
CORNER SIGHT DISTANCE:
The applicants Engineer and Planner have stated that the project is designed with
AASHTO standards for sight distance. AASHTO standards do not address residential or
condominium streets.. Therefore I ask, to what standard is Stan and Tim designing to?
-05/Hff9CT 98-06/CP 98-05/HDF98-04/CDP 98-27 - POINSETTIA STORES MASTER PLAN
NOVEMBER 4, 1998
PAGE 3
The concept is to provide a 25' corner cut-off on each side of an intersection. This clear
area is an open triangle to give a safe visible area for the mix of pedestrians, bicycles
and vehicles within the designed street system. We ask that the lot lines be pulled back,
that slopes be reduced and that an effort be shown to meet what we think, is an
important safety issue.
DEVELOPER MUST SIGN THE TENTATIVE MAP:
Stan says the-map is signed, Tim says not until we're done. The plan must be signed,
this is a complete/incomplete requirement.
TRAIL ACCESS STAIRS AND ADJACENT IMPROVEMENTS:
The requirement to show the proposed improvements and to accommodate the
construction was made on the last review where the plan said "trail by others". The plan
265-2B is not in the City for reference, the proposed walk runs off of a 2:1 slope, a pad
or view point is not provided, and the connection to existing improvements is not
shown. The proposed improvements related to the tentative map simply are not clear.
As called out in the master plan, the trail improvements will be required to be
constructed with this project. Exactly what is proposed for this development?
If you have any questions regarding the above comments, please contact me at (760)
438-1161, extension 4477 or Clyde Wickham at extension 4353.
Sincerely,
ANNE HYSONG^ U
Associate Planner
AH:mh
Attachment
c: Adrienne Landers
Clyde Wickham
Hofman Planning
Associates
Planning Project Management Fiscal Analysis
October 14, 1998
OCT 151998
Anne Hysong CITY
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
SUBJECT: CT 98-06 - Planning Area C - Poinsettia Shores Master Plan; 2nd
Resubmittal
Dear Anne:
Thank you for meeting with us last week to discuss the changes that we have made to
the tentative map. I felt that the meeting went very well and at this time it appears that
we have met all of the staff concerns regarding this project. I have prepared this letter
to provide you with an overview regarding how we have addressed the items from the
"Issues of Concern" letter from the Planning Department dated August 24,1998 and
the agreements that we made during our meeting of October 5,1998. This letter is
divided into three sections: Items Submitted, Planning Issues and Engineering Issues.
The Planning Issues and Engineering Issues correspond directly with the August 24th
letter.
Items Submitted:
With this letter, we are resubmitting the following items:
Three (3) copies of the tentative map
Three (3) copies of the balcony/trellis plan
Three (3) copies of the landscape plans
One (1) landscape plan with redline comments
One (1) tentative map with redline comments
One (1) front yard setback analysis table
One (1) copy of Street Maintenance Agreement for Navigator Circle
One (1) color copy of the ownership/maintenance areas exhibit
One (1) detailed unit ownership exhibit
Planning Issues:
1. It was agreed that Hofman Planning Associates will provide to the Planning
Department new QVz" x 11" exhibits at the appropriate time prior to the Planning
Commission hearing.
5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443
2, O'Day Consultants has prepared an exhibit that identifies ownership and
/^/maintenance responsibilities. The exhibit has been reviewed by Master
^' Homeowners Association and is consistent with the Master Homeowners
Association CC&Rs.
As requested, all retaining walls have been moved a minimum of three feet from
the right-of-way line adjacent to the public streets. Landscaping is shown in front
of these retaining walls to soften and screen the walls.
The retaining walls have been modified as requested in the Planning Department
letter dated August 24, 1998. The flagstone veneer treatment will be placed on
the lower retaining wall adjacent to Avenida Encinas and Windrose Circle for the
sections of the wall where there are dual retaining walls. The upper retaining
wall will be a stucco parged, slumpstone wall with a brick cap. Where there is a
single retaining wall adjacent to the public street, the retaining wall will be a
stucco parged, slumpstone wall with a brick cap and pilasters.
The site plan has been revised to accommodate your request for a minimum 15-
foot setback from the rear yard top of slope for all balconies except for Lot 26. It
was agreed during our meeting on October 5th that Lot 26 would be allowed to
encroach into the 15-foot setback. The balcony/trellis plan also requires that all
balconies maintain a 15-foot setback distance from the rear yard top of slope.
The balcony/trellis plan requires a minimum 15-foot setback from the rear yard
top of slope for all trellis where the rear yard slope is 15 feet or greater in height.
However, if a rear yard slope is less than 15 feet in height, then a trellis must
maintain a minimum 10 foot setback. The maximum height of any trellis is 12
feet.
With regards to the front yard setbacks to each building, the buildings were
relocated in order to meet this request. A revised Front Yard Setback table is
provided that demonstrates compliance with the master plan.
Engineering Issues: (From the memo dated August 26,1998)
1. Regarding the exit only gate issue, we respectfully disagreed with the
Engineering Department's request for a full access at Navigator Circle. We feel
that full access at Navigator Circle is not necessary from an emergency access
perspective nor is it desirable from the existing community.
On January 19, 1998 and again on September 24,1998,1 met with Mike Smith
of the Carlsbad Fire Department regarding this issue and on both occasions he
told me that the exit only gate would be acceptable. A letter signifying his
acceptance is provided.
-2-
Also in January of 1998, we met with representatives of the Rosalina
Homeowners Association to discuss the development of Planning Area C. One
of the aspects of our discussion was in regards to access and traffic. The people
we met with fully supported the exit only concept and would oppose full entry into
Planning Area C from Navigator Circle.
As a compromise, the Engineering Department agreed to allow for the design of
the gate as proposed with the stipulation that entry into Planning Area C from
this gate is provided for the residents only. Therefore, the residents of Planning
Area C will have the option of entering from either the main entrance off of
Windrose Circle or the gate off of Navigator Circle. Visitor entry into Planning
Area C will only be available from the main entry off of Windrose Circle. There
will not be a call box or turnaround area provided at the gate off of Navigator
Circle. A sign will also be posted that this gate that states that this entrance is
for residents only. Although we would prefer the exit only concept, we accept
the compromise provided by the Engineering Department.
2. We will provide the appropriate documentation and notations regarding access
and maintenance on Navigator Circle.
3. Access to the "Lamb" property has always been acknowledged and agreed to by
the developers of Planning Area C. Additional details showing how access is
provided is shown on the tentative map.
4. According to O'Day Consultants, a drawing for the off-site stairway and trail has
been approved. O'Day Consultants has placed the appropriate notations and
graphics on the site plan to clearly identify the approved future off-site trail
improvements.
5. According to O'Day Consultants, the project is in compliance with the proper
setback requirements in accordance with City Standard GS 14.
6. The cross sections of the retaining walls on the site plan contain notes that
identify the requirement for the provision of a railing. O'Day Consultants has
provided a graphic representation of a railing on top of the retaining wall in order
to satisfy this issue of concern.
Additionally, you had requested an elevation of any proposed railing to be
reviewed for aesthetic purposes. We are currently in the process of determining
the type of railing to be placed on the top of the retaining walls. Once this has
been determined, we will provide you with adequate details of the railing for your
review.
-3-
7. Although the footing detail shown in the Leighton & Associates soils report
provides a cross section that includes the retaining wall, the cross section was to
depict the drainage details and not the footing details of the retaining wall. There
was never any intent to locate the footings for the retaining wall within the public
right-of-way. O'Day Consultants has moved the retaining walls three feet from
the property line. With regards to the facilities located near the retaining walls,
O'Day Consultants has placed notations on the tentative map where needed
indicating that these facilities will be relocated if necessary.
8. According to O'Day Consultants, sight distance is met at the corner of Avenida
Encinas and Windrose Circle.
Sight distance is not met in accordance with the City of Carlsbad's design
standards at the entry gate. However, site distance is met in accordance with
ASSHTO standards. The Poinsettia Shores Master Plan says that "sight
distance criteria at street corners shall be determined by ASSHTO standards".
Since the remainder of the master plan has been approved using ASSHTO
standards, the Engineering Department agreed that this would be acceptable
subject to their review of this submittal. They also requested that the areas
within the sight distance corridor be located within the lots maintained by the
homeowner's association. The lot lines were adjusted to meet this request.
9. In order to address this issue, O'Day Consultants has prepared and ownership
and maintenance responsibilities exhibit.
10. The current property owner has signed the tentative map.
As indicated previously, we will be providing elevations of the railing on top of the
retaining walls in the near future. With this submittal, we have met all of your change
requests. If you have any questions or comments, or if you need any additional
information, please feel free to give me a call.
Sincerely,
4^&>
Stan Weiler
cc. Clyde Wickham
Kristine Zortman
John Sherritt
Tim Carroll
-4-
City of Carlsbad
Planning Department
August 24, 1998
Stan Weiler
Hofman Planning Associates
2386 Faraday Avenue, Suite 120
Carlsbad, CA 92008
SUBJECT: CT 98-06/CP 98-05/CDP 98-27/HDP 98-04 - PLANNING AREA C - POIN-
SETTIA SHORES MASTER PLAN
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your tentative map, condominium permit, coastal development permit, and hillside
development permit, applications no. CT 98-06, CP 98-05, CDP 98-27, and HDP 98-04, as to
their completeness for processing.
The items requested from you earlier to make your application complete have been received and
reviewed by the Planning Department. It has been determined that the application is now
complete for processing. Although the initial processing of your application may have already
begun, the technical acceptance date is acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that
could be discovered during project review and/or environmental review. Any issues should be
resolved prior to scheduling the project for public hearing. In addition, the City may request, in
the course of processing the application, that you clarify, amplify, correct, or otherwise,
supplement the basic information required for the application.
Please contact your staff planner, Anne Hysong, at (760) 438-1161, extension 4477, if you have
any questions or wish to set up a meeting to discuss the application.
7) MICHEL J. HOLZMILLER
Planning Director
MJH:AH:b
c: Gary Wayne Brian Nestoroff, Grey stone Homes
Adrienne Landers, Team Leader Data Entry
Clyde Wickham, Project Engineer Planning Aide
Bobbie Hoder
File Copy
2O75 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894
With regards to the noise issue, we have contacted Mestre-Greve regarding the site design in
order to minimize the influx of noise into the site. By facing nearly all the outdoor use areas
away from the freeway, the need for large noise barriers decreases. This will be a positive
aspect of the project in that by designing the units so that in most cases the garages face the
freeway and the outdoor living areas face the ocean, noise impacts are reduced and views are
increased. An update noise study will be provided to ensure that noise is adequately
mitigated.
As specified in the master plan, the units and the orientation of the units are designed to take
advantage of the views. In order to provide many of the views as well as create usable area ,J>\
for each unit, there are instances when the proposed project grading will require the installation v^r
of retaining walls. The retaining walls are proposed as crib type walls that will allow for <u,t/t
landscaping to be placed within the walls to soften the appearance of the walls. The usable ^ ^ \r
area created by these retaining walls will allow for the provision of minimum 15' x 15' rear
yards. However, most of the rear yards will maintain 20 feet or greater in depth.
Based on our meetings and discussion, you appeared very supportive of the project. The
reduction of the number of units, the duplex product type, the ability to meet the city's concerns
regarding noise and pedestrian circulation, represent a project that could be supported. We
understand that we will be required to process a Condominium Permit, Tentative Map and
Coastal Development Permit. The number of units will require that the application be brought
forward to the City Council foNijTal approval. ^ o o^P
At your suggestion, we have met with interested residents within the Sea Cliff and Rosalina
neighborhoods. We presented the same conceptual site plan and floor plans that we showed
to you. Both home owner groups supported the product type and felt that the duplex prQoduct
would be an asset to the master planned community. The Sea Cliff residents are concerned
with their views. We explained to them that the product that is being proposed is two stories
with a peak height of near 26 feet. Colin also had several poles with flags mounted on the top
installed on Planning Area C to represent maximum height of the proposed product. These
poles could be seen from the Sea Cliff neighborhood when looking in a south westerly and
westerly direction. Although the poles demonstrated that some south westerly views would be
reduced, the residents indicated that they would prefer the duplex product type with the
proposed reduced number of units instead of townhomes or stacked flats with up to 70 units.
We told the interested residents in both neighborhoods that we will continue to provide them
with updates regarding the progress of this project.
We are looking forward to working with you on this project in the future. If you have any
questions, please feel free to give Colin or me a call.
Sincerely,
.^^
Stan Weiler
cc. Colin Seid
City of Carlsbad
^_ ••^••••^^•••^•^••^•••^^•••••MPlanning Department
March 23, 1998
Area C Homebuilding Partners, L.P.
4141 Jutland Drive, Suite 200
San Diego, CA 92117
SUBJECT: CT 98-06/CP 98-05/CDP 98-27/HDP 98-04 - PLANNING AREA C/
POINSETTIA SHORES MASTER PLAN
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your tentative map, condominium permit, coastal development
permit, and hillside development permit, application nos. CT 98-06/CP 98-05/CDP 98-
27/HDP 98-04, as to their completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is
information which must be submitted to complete your application. This list of items must
be submitted directly to your staff planner by appointment. All list items must be
submitted simultaneously and a copy of this list must be included with your submittals. No
processing of your application can occur until the application is determined to be complete.
The second list is issues of concern to staff. When all required materials are submitted the
City has 30 days to make a determination of completeness. If the application is
determined to be complete, processing for a decision on the application will be initiated. In
addition, please note that you have six months from the date the application was initially
filed, February 27, 1998, to either resubmit the application or submit the required
information. Failure to resubmit the application or to submit the materials necessary to
determine your application complete shall be deemed to constitute withdrawal of the
application. If an application is withdrawn or deemed withdrawn, a new application must
be submitted.
Please contact your staff planner, Anne Hysong, at (760) 438-1161, extension 4477, if
you have any questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHACL J. HOLZMILLER
Planning Director
MJH:AH:mh
c: Gary Wayne Stan Weiler, Hofman Planning
Adrienne Landers
Clyde Wickham
Bobbie Hoder
File Copy
Data Entry
Planning Aide
2O75 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 - FAX (760) 438-O894
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
No. CT 98-06/CP 98-0/CDP 98-27/HDP 98-04 - PLANNING AREA C
Planning:
1. In accordance with the attached information sheet, please submit the slope analysis in
which onsite slope gradients are identified as required for Hillside Development review.
2. As required by the Master Plan, please provide a table identifying the percentage of
units proposed with 5' setbacks, 10' setbacks, and 20' setbacks that shows
conformance to the percentages permitted for Area C. Also, please provide the location
and area of common passive recreation required by the Planned Development
Ordinance.
ISSUES OF CONCERN
Planning:
1 . Please remove the substantial conformance signature block from the tentative map to
avoid confusion.
2- Please draw lot lines so that they are legible and clearly distinguishable.
3. Visitor parking shown at the end of the cul-de-sac appears to be a part of Lots 18 and
19 which are residential lots rather than common area.
4. The recently adopted Hillside Ordinance amendment limits the use of retaining walls in
developments proposing uphill manufactured slopes along the project perimeter
exceeding 40% and 15' in height to a single 6' retaining wall. The proposed retaining
walls do not conform with this standard and appear excessive at some locations.
5. A related issue to the use of walls is that it should not be necessary to raise the pad
grade up to 13' above existing grade (see section C-C on Sheet 3 of 4). Please
redesign so that pad grades are more consistent with existing grade and eliminate one
set of walls where possible. This may be accomplished by increasing wall heights
adjacent to I-5 and/or replacing walls with slopes.
6. Wall designs should incorporate the use of natural appearing rock to mitigate the
appearance of excessive hardscape.
7. The proposed design at the corner of Windrose Circle and Avenida Encinas would result
in two 6' high retaining walls and one 5' - 6' high noise wall. As previously
recommended, walls/fences should be designed with a minimum 10' separation. At
other locations along Windrose Circle, the proposed design would result in two 4' - 6'
retaining walls with a 6' fence above the second retaining wall. The combination of
walls/fences should not exceed 6'; therefore rear yard fences would not be allowed
above or slightly separate from retaining walls due to visual impacts. The only
~
exception to the 6' height limit is that an open 36" - 42" safety railing is required above
retaining walls exceeding 3'.
8. Please provide a 5' separation between the noise wall separating the project and the
retaining wall as shown by typical sections A-A and B-B on the tentative map to allow
adequate room for landscaping.
Engineering:
1. Engineering issues of concern will be forwarded under separate cover.
JILLSIDE DEVELOPMENT PERMIT0
OR
HILLSIDE DEVELOPMENT PERMIT AMENDMENT
INFORMATION SHEET
GENERAL INFORMATION
This sheet generally explains how your Hillside Development Permit (HDP) will be processed.
If you have any questions after reading this, please call the Planning Department at 438-1161
or review Chapter 21.95 of the Carlsbad Municipal Code and the Hillside Development
Guidelines.
A proposed! project^uiiTOg^tha^ prior to 3:30
p.m. A proppsed;projeGt;requinng that only one a^plratib^be^id|r»iustbe.subrnitted prior to
4:00 p.m.
When a Hillside Development Permit is needed:
A Hillside Development Permit (HDP) is required when development is proposed on land with a
slope gradient of 15% or greater and a slope height of greater than 15 feet. Development
means building, grading, subdivision or other modification of a hillside area.
It is highly recommended that you, as an applicant: 1) review Chapter 21.95 and Chapter 11.06
of the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading); and 2)
discuss the Hillside Development with a City Planner before submitting an application for a
Hillside Development Permit. The Hillside Development Permit should be submitted
concurrently with any permit or application for development of a Hillside area.
How your Hillside Development will be Processed
Generally the steps involved in reviewing your Hillside Development Permit application are as
follows:
1. A Hillside Development Permit application is submitted to the Planning Department at
2075 Las Palmas Drive. The application must be submitted with and reference any other
permit application such as a building or grading permit, tentative map, etc. All maps
submitted shall be folded to 8-1/2" x 11". Information items required:
a. A completed Land Use Review Application Form.
b. Five (5) copies of the slope analysis - Include north arrow and scale (see Section
21.95.020 of Carlsbad's Municipal Code). The slope analysis should be the same
scale as the site plan and grading plan.
Acres %
Identify slopes (1) 0 to less than 15% slope fj Q
(2) 15% to less than 25% slope n D
(3) 25% to less than 40% slope Q [J
(4) 40% or greater slopes Q Q
Indicate the acreage of land in each slope category TOTAL 100%
% Slope = Vertical Distance x 100
Horizontal Distance
(Distance between contour intervals)
FRM00011 3/98 Page 1 of 5
c. SLOPE PRORLE(S): five (5) copies - Include vertical and horizontal scale. A
minimum of three (3) slope profiles (slope cross sections) shall be provided and
indexed on the constraints map. See Section 21.95.020(b) of the Carlsbad
Municipal Code for additional requirements.
d. Assurance of SLOPE ANALYSIS and slope profile accuracy. Both the slope
analysis and slope profiles shall be stamped and signed by either a registered
landscape architect, civil engineer or land surveyor indicating the datum, source and
scale of topographic data used in the slope analysis and slope profiles, and attesting
to the fact that the slope analysis and slope profiles have been accurately calculated
and identified.
e. PRELIMINARY LANDSCAPE PLAN: five (5) copies on a 24" x 36" sheet(s) folded
to 8 1/2" x 11" size. The scale should be consistent with all other exhibits. Each
landscape plan shall contain the following information:
1.) Landscape zones per the City of Carlsbad Landscape Manual.
2.) Typical plant species, quantity of each species, and their size for each planting
zone in a legend. (Use symbols).
3.) An estimate of the yearly amount of irrigation (supplemental) water required to
maintain each zone.
4.) Landscape maintenance responsibility (private or common) for all areas.
5.) Percent of site used for landscaping.
6.) Water Conservation Plan.
f. Show with a SITE PLAN, GRADING PLAN, LANDSCAPE PLAN, AND BUILDING
PLANS AND ELEVATIONS how development fulfills the following Hillside
Development and Design Standards (21.95.060). Submit five (5) sets of each plan.
1.) Coastal Zone Requirement (if applicable).
2.) Contour grading.
3.) Area or extent of grading. To define the area or extent of grading, the area in
acres, of both cut excavation and fill areas shall be calculated. This calculation
shall be noted on the particular cut or fill area.
4.) Screening graded slopes.
5.) View preservation and enhancement.
6.) Roadway design.
7.) Hillside architecture.
8.) Hilltop architecture
9.) Hillside drainage
FRM00011 3/98 Page 2 of 5
01/19/1999 12:26 31065955 PAGE 01
COVER PAGE
DATED;. January 18, 1999
FROM: 'John .Lamb
1446 Devlin Drive
Los Angeles, Ca 90069-1804
Phone: (310) 659-3550
. Fax f; (310) 659-5558
TO:Planning Commission
•207:5.'La Palmas Drive
•Carlsbad, Ca 92009
Phq;ne: (760) 438-1161 X 4451
Fax; #: (760) 438-0894
SUBJECT: ,CT 98-06CP 98-Q5/CDP 98/27/HDP 98-40
Poinsettia Shores Planning Area C
A public hearing on the above project will be
•; held by the Planning Commission in the council
^chambers, 1200 Carlsbad Village Drive, Carlsbad,
.California on Wednesday January 20, 1999 at 6:00!
P.M.. John Lamb requests a delay of any decisions
tobe made.
PAGE:- 1 of 12
PAGE 2 of 2
STATEMENT BY JOHN LAMB
I am a 77% owner of a little over one acre of Carlsbad property
(Parcel #216-140-39-00) which borders on the west ;<side of the
San Diego freeway and .is on the north shore of Batiquitos Lagoon.
Mrs. Constance Sammis is the co-owner with 23%.
The Applicant is apparently Greystone Homes, which intends to
subdivide and build duplexes on 10 acres immediately to the
north and west of the one acre. I understand that; Greystone
has had several months to inform me of their plans but has
failed to do so. My recent telephone calls to them have not
been answered- •
Our one acre parcel has the highest point of elevation north .
and west of the lagoon and has a priceless view, yet I have
been told that a "sound wall" will be erected to seal off and
isolate oux one acre from the rest of the Batiquitos property
completely blocking the view. I am also afraid that if one
could see over the wall and gate the view would then be blocked
by dumpsfcers and two story duplexes that will sit 6ri elevated
bulldozed lots. The "sound wall" should continue straight along
the freeway boundary leaving our property ocean side of the wall
with the rest of the properties,
1 respectfully request that any action be delayed until I have
time to substantiate these objections and prepare others.
Yours truly,
(
""89SS&S90T8 3Z-ZI 666T/6I/T020 3Dtfd
Anne Hysong Lynn Donnelly
Carlsbad Planning Department 618 Compass Court
2075 Las Palmas Drive Carlsbad, Ca 92009
Carlsbad, Ca 92009 January 11,1999
(760) 603-9835
Re: CT 98-06/CP 98-OS/CDP 98-27/HDP 98-40 -Poinsettia Shores Planning Area C
Parcel#216-140-30
Dear Ms. Hysong:
This letter is in response to the Notice of Public Hearing on Area C, I would like to share some of my
concerns. The plans show quite clearly that Area C 's residents would exit and enter through the main
entrance on Windrose Circle, not Navigator Circle. This letter is to assure that during construction, the
traffic will not be relocated to Navigator Circle. This would greatly impact the residents of both Roselena
and Vistamar South (B-2). Windrose Circle is clearly a better choice to handle that sort of traffic.
Secondly there is the ever-present issues that is well known to both Ms. Finilla and Eric Munoz.
What kind of CONDO will they be? Is this the new type of condo, traditional condo or a hybrid that
nobody recognizes because it doesn't follow Carlsbad Municipal code 21.45? Do they own land in
common or just an ethereal piece AIR?. These question have not fully been answered for B-l and
especially B-2 lot 79 as of yet. Also we the homeowners have yet to realize any amenities in the
Poinsettia Shores Master plan after one full year of paying HOA fee's, we have no trails or recreational
facilities available to us. I believe it would be prudent to clear up some or all of these issues before
proceeding with Area C.
Sincerely,
Lynn Donnelly
cc.
Eric Munoz
Ramona Finilla
Mayor Lewis
January 23, 1998
TO: CITY MANAGER
FROM: ASSISTANT PLANNING DIRECTOR
CITIZEN CONTACT REGARDING POINSETTIA SHORES - AREA "C"
Today the Mayor and I met with several residents (including Mona Reasons) from the
Sea Cliff project located on the southeast corner of I-5 and Poinsettia Lane. The
residents asked for the meeting to voice their concern that the developer of Planning
Area "C", within the Poinsettia Shores Master Plan, is proposing to raise the grade of
the property and negatively impact their views of the ocean. They indicated that they
have met with the developer who is unwilling to accommodate their desire to "share" the
view. The residents were assured by us that the project would be reviewed for
compliance with codes and policies and with principles of good planning and
engineering. They were advised to submit letters requesting to be notified of any
hearings regarding Area "C".
If you would like more information or have questions regarding this memo, please
contact me.
Gary E. Wayne
c: Community Development Director
Planning Director
Associate Planner, Eric Munoz
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TELEPHONE (619) 236-1414 . FACSIMILE (619) 232-8311
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DATE:
TO:
FIRM:
November 24. 1997
Eric Munox
Citv of Carlsbad
CITY, STATE: Carlsbad. CA
FAX TELEPHONE NUMBER: 760-438-0894
CONFIRMING NUMBER: 760-438-1161 x4441
FROM: Nancv T. Scull. ESQ.PHONE: 619-699-2457
TRANSMITTING;!PAGES (including cover page)
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Anyone wto ivoemys Ws cammmKatiOfl in emr should notify us immed/Btety by telephone Bndietuin the original message tout.
TIME/DA TE TRANSMITTED BYOl'ERA TOR: November 24. 1997at
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DIRECT DIAL NUMBER 6 19-699-2457FACSIMILE NO.: 619-645-5310
INTERNET: NSCULL@LUCE,COM
SAN DIEGO OrriCE
OUR FILE NO.: 21239-1
November 20, 1997
BY TELECOPY
Rich Rudolf, Esq.
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Poinsettia Scores Master Plan
Dear Rich:
1 am writing this letter to you at the suggestion of the Planning Department to set forth
the proposed condominium structure which is anticipated to be used for Planning Area C
of the Poinsettia Shores Master Plan which will be developed by Col-Rich Communities.
Col-Rich Communities intends to develop a 58-unit duplex project in Planning Area C
which is currently designated to allow for the development of up to 70 units. The
Poinsettia Shores Master Plan specifies that Planning Area C may be developed with
duplex units but cannot contain any individually owned residential lots. The master plan
further specifies that the lot must be "owned in common." Preliminary discussions with
Planning Department staff have indicated that they would support a duplex condominium
product type on this site.
Given the foregoing, we suggested that the Tentative Map should show 25 residential
lots. Streets and slope areas would also appear as separately lettered lots on the map.
Within each of the residential lots, a duplex condominium unit (i.e., two attached units)
would be constructed.
Under California law, a condominium is comprised of a separate interest and an
undivided interest. In this case, we suggested that the separate interest component of the
condominium should be comprised of a three-dimensional cube. The lower boundaries of
this three-dimensional cube would extend 15 to 20 feet below ground elevation. (This
can be extended further to 50 feet if there are benefits to extending the depth of the cube.)
The upper boundary would extend to the heavens above, The side boundary would
C,nn WEST BROADWAY. SUITS 2600 • SAN DIEGO, CALIFORNIA 92101 • TELEWONB (619) 23$-NM • FACSIMILE (619) 2S2-H3I1
SAN DIEGO • LAJOUA • NEW YORK • Los ANGP.US • SAN FRANCISCO • CHICAGO
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LUCE, FORWARD, HAMILTON <£SCRIPPS
ATTORNEYS AT L/w . FOUNDED 187?
Rich Rudolf, Esq.
November 20, 1997
Page 2
extend to the air space between the walls of the attached duplex structure and the other
side boundary would extend to the lot line. Each of the two owners would also own an
undivided interest in the balance of the lot, The undivided interest would consist of a
one-half undivided interest in the area extending from the lower boundary of the cube to
the center of the earth. This structure would enable Col-Rich to comply with the master
plan lot ownership requirement.
With regards to the relationship of each until within the duplex structure, the roof lines
would be constructed so that each unit is completely and totally independent. The only
common element would be roof flashing. To address this issue, one of the units will have
an assessment to attach its roof flashing to the wall of the other duplex unit. One of the
advantages of this structure is that ownership and maintenance of the individual units will
be the responsibility of the unit owner. This proposed design will also further diminish
the possibility of one unit affecting the other unit.
I would be happy to answer any questions which you may have regarding the foregoing.
Also, 1 will be contacting you so that I may have the opportunity to discuss this matter
further in the presence of the Engineering and Planning Departments so that concurrence
regarding the proposed lot ownership can be achieved.
Very truly yours,
d- - jc*
Nanc£.TyScull
of
Luce, Forward, Hamilton & Scripps LLP
NTS/dlh
cc: Mr. Gary Wayne (By Telecopy)
Mr, Eric Munoz (By Telecopy)
Mr. Bob Wojaik (By Telecopy)
Mr. Colin Seid (By Telecopy)
Mr, Bill Hofman (By Telecopy)
C:\DMS\NTS\1229758.0I
SENT BY^LFH&S
SENT BY:
VOICE> 235-3541 =11-24-97 ;ll:06AM ; FAX#> (619)232-8311-
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II. !
V.fft*
City of
Public Works — Engineering
September 28,1998
Kristine Zortman
GREYSTONE HOMES, INC.
5973 Avenida Encinas, Suite 101
Carlsbad, CA 92008
POINSETTIA SHORES MASTER PLAN, PLANNING AREA C - PARK FEE
As requested, this letter was prepared to explain and document the expenditure of
park land credit for the Poinsettia Shores Master Plan. This letter also provides a
park-in-lieu fee amount required to be paid to the City of Carlsbad for impacts to park
facilities created by the development of Planning Area C.
In accordance with the Batiquitos Lagoon Educational Park Master Plan Parks
Agreement dated August 20, 1986, there were 3.95 acres of park land credit provided
to allow for future development within the master plan area. Several years after that
agreement was executed, the BLEP Master Plan was amended and is now recognized
as the Poinsettia Shores Master Plan. This master plan amendment changed the
original residential land use assumptions. The BLEP Master Plan was approved with a
total of 605 dwelling units (500 multiple family; 105 single family) and the Poinsettia
Shores Master Plan is currently being developed with a total of 531 dwelling units
(475 single family detached; 56 duplex). The Dedication of Land for Recreational
Facilities Ordinance (Carlsbad Municipal Code 20.44) specifies that single family and
duplex dwelling units create a greater demand for park facilities than multiple family
dwelling units. Although the residential development within the Poinsettia Shores
Master Plan is less in terms of overall dwelling units, the impacts are greater due to the
type of dwelling units being developed.
With the development of Planning Area J (Rosalina) and Planning Area B-2
(Watt Homes - Vistamar) as well as the approval of final maps for Planning Areas A-1
through A-4 and B-1, all remaining park land credits for the Poinsettia Shores Master
Plan have been fully expended. This is demonstrated by the accompanying Park Land
Demand table. Therefore, the remaining residential planning areas, Planning Areas C
and D, will be required to pay park in-lieu fees prior to the issuance of building permits.
Currently, the park in-lieu fee is $1,575.00 per dwelling unit. This fee per unit amount
will be effective until the City revises the Dedication of Land for Recreational Facilities
Ordinance and/or the Park In-Lieu Fee amount.
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 431-5769
s>
i
September 28, 1998
POINSETTIA SHORES MASTER PLAN, PLANNING AREA C - PARK FEE
Page 2
Based on the current park-in-lieu fee, Planning Area C will be required to pay a park
in-lieu fee in the amount of $88,200. This fee amount is determined by multiplying the
56 dwelling units by the current park in-lieu fee of $1,575.00 per dwelling unit. The
payment of the park in-lieu fee, or securing a bond or a letter of credit in the amount of
the park in-lieu fee identified must be provided to the City prior to the approval of the
final map. Providing a bond or letter of credit would allow for the actual payment of the
park in-lieu fee to be deferred until the issuance of building permits.
I hope that this letter serves to clarify the park fee situation for Planning Area C. Please
call me at 438-1161, extension 4362, if you have any questions.
Sincerely,
DAVID MAUSER
Assistant City Engineer
Enclosure
c: Public Works Director
Principal Civil Engineer, Bob Wojcik1
Associate Engineer, Clyde Wickham
Senior Planner, Eric Munoz
Stan Weiler, Hofman Planning Associates
Poinsettia Shores Master Plan - Park Land Demand
Planning
Area
J
A-1
A-2
B-2
A-3
A-4
B-1 (2)
Poinsettia
Units
77
36
49
16
50
61
158
Unit
Type
SFD
SFD
SFD
SFD
SFD
SFD
SFD
Population
perDU
3.00
3.00
3.00
3.00
3.00
3.00
3.00
Remaining Credits as of 9/17/98
D
r\ta»
28
56
Total 531
SFD
Duplex
3.00
3.00
Sq.Ft. Demand
perDU(1)
393
393
393
393
393
393
393
ParK Acreage
Demand
0.695
0.325
0.442
0.144
0.451
0.550
1.425
Available
Credits (ac.)
3.95
3.255
2.931
2.488
2.344
1.893
1.343
-0.083
0.000
393
393
0.253
0.505
4.791
0.000
0.000
0.000
(1) Based on the Park Land Dedication Formula Table (Section 20.44.040)
(2) Planning Area B-1 is the latest planning area to obtain a final map. The developers
for Planning Area B-1 paid $14,474.25 in park-in-lieu fees to resolve the deficiency in
park land credits.
September 17,1998