HomeMy WebLinkAboutHDP 98-03; De Jong Property; Hillside Development Permit (HDP) (10)h -~
.he CYtJr of Carrlsbad Planning Departme&.
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: July 17,2002
Application complete date: March 26,2002
~~ ~~~
Project Planner: Van Lynch
Project Engineer: David Rick
SUBJECT: CT 98-05x2 - DEJONG PROPERTY - Request for a one year
extension of time to allow for the final map to be approved on property located at
the northeast corner of Black Rail Road and future Poinsettia Lane in the Coastal
Zone and Local Facilities Management Zone 20.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5261, 5262, and
5263 ADOPTING a Negative Declaration and APPROVING a retroactive one year extension
of CT 98-05x1, and a one year extension of HDP 98-03x1 based upon the findings and subject
to the conditions contained therein.
11. INTRODUCTION
The owners of Carlsbad Tract 98-05, DeJong Property, have requested a one-year time extension
for the tentative map and hillside development permit of a 30 lot/28-unit single-family
subdivision on a vacant parcel at the northeast comer of the intersection of Black Rail Road and
future Poinsettia Lane. This proposed one-year extension of Carlsbad Tract 98-05 would allow
the final map to be filed after the applicant has proceeded with the final design.
111. PROJECT DESCRIPTION AND BACKGROUND
The project is for the creation of a 30 lot/28-unit single-family subdivision on a vacant parcel at
the northeast comer of the intersection of Black Rail Road and future Poinsettia Lane. The
project consists of 28 single-family lots all with a lot area greater than 7,500 square feet. Two
open space lots are proposed, one with an area of 21.19 acres containing sensitive habitat and the
other with an area of 1.49 acres in which common landscaping and a trail (Trail Segment No. 30)
will be constructed parallel to future Poinsettia Lane. The project was conditioned to purchase
4.2 affordable housing credits in the Villa Loma housing project to satisfy the project’s
affordable housing requirement and the City Council has approved the purchase of those units.
The applicant is requesting that the tentative map and hillside development permit be extended
for one year to May 1 1, 2003. The tentative map was approved by Planning Commission
Resolution No. 4506 and the hillside permit by Resolution No. 4507. A one year extension of
the map and hillside development permit was granted by the Planning Commission on June 6th
2001. The applicant has made a timely and complete submittal and staff has agreed to process
the request for a one-year extension since the developer experienced delays in processing due to
solvency of the Bridge and Thoroughfare District and public right-of-way compensation and
aquisition. Staff concurs with the applicant that the delays are reasonable and justifiable to
warrant a one-year extension.
P
’ CT 98-05X2MDP 98-03L - DEJONG PROPERTY
July 17,2002
The original conditions of approval cited in Planning Commission Resolution No. 4506 and 4507
are still applicable to the project. Two new conditions were added to the map. The first new
condition added is the tentative map extension requiring that the developer pay the current
Bridge and Thoroughfare District No. 2 (B&TD#2) fee which was recently adjusted to finance
estimated cost increases incurred to complete the design and construction of Aviara Parkway and
Poinsettia Lane within the boundaries of the district. Condition Number 4 of Planning
Commission Resolution No. 4986 requiring the property owner to enter into an agreement with
the City to pay their contribution for Bridge and Thoroughfare District No. 2 once the new
impact fees were determined upon reformation of the District is no longer applicable and is
removed from this extension. The other condition added addressed the requirement that the
developer submit a Storm Water Management Plan (SWMP) with their application for a grading
permit. The SWMP is required to identify potential pollutants that could enter the City storm
drains and methods to treat storm water runoff.
Staff has received the application and has scheduled the extension in accordance with the
Subdivision Map Act. The Coastal Development Permit 98-26 (Planning Commission Reso. No.
4508) will be extended by the Planning Director, per Section 21.201.210, after Planning
Commission action on the map and hillside permit extension.
IV. ANALYSIS
The applicant has been diligent in pursuing all items requested for the Tentative Map extension.
As stated above, the project remains in compliance with current codes, policies and growth
management requirements.
V. ENVIRONMENTAL REVIEW
This project was originally approved with a Mitigated Negative Declaration (Planning
Commission Resolution No. 4503). Staff has reviewed the request for extension and the
Planning Director has determined that the project is still in compliance with the prior
environmental documents and has issued a Negative Declaration for the map and hillside permit
extension.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
VL:cs
Planning Commission Resolution No. 5261 (Neg Dec)
Planning Commission Resolution No. 5262 (CT)
Planning Commission Resolution No. 5263 (HDP)
Location Map
Request for Tentative Map Extension
Disclosure Statement
Planning Commission Resolution No. 4986 (CT 98-05x1)
Planning Commission Resolution No. 4506 (CT 98-05)
Planning Commission Resolution No. 5004 (HDP 98-03x1)
Planning Commission Resolution No. 4507 (HDP 98-03)
Reduced Exhibits, Exhibit “A”
DEJONG RESIDENTIAL MAP EXTENSION
CT 98=05~2/HDP 98-03x2
April 8,2002
Jack - Henthom & Associates
5365 Avmida Encinas, Suite A
Carlsbad, California 92008
(760) 438-4090
-
Fax (760) 438-0981
Lloyd Hubbs
City of Carlsbad
Engineering Department
1635 Faraday Ave.
Carlsbad, CA 92008
Subject: deJong Project - Request for Extension of Tentative Tract Map CT 98.05~1
Dear Lloyd:
This letter shall serve as a request to file a tentative tract map extension for the above referenced tract
map. On behalf of Arie deJong, I am presently seeking an extension of one year. I have also enclosed the
appropriated extension fee of $1,900.00.
As you are aware, the tentative map was originally approved on April 7, 1999 and was to remain valid for
24 months, as per Planning Commission Resolution #4506 and the Carlsbad Municipal Code. The map
was extended for one year on June 6,2001 per Planning Commission Resolution # 4986 and is set to
expire on May 11, 2002. The approvals also included the necessary extensions for the project’s Hillside
Development Permit and Coastal Development Permit, both of which will expire on May 11,2002 as well.
Since the approval of the tentative tract map extension depends in part on the status of the permits, the
owner has filed an application for extension of the Coastal Development Permit with the Director of
Planning. A copy of the CDP application and fee check is included for your information.
Mr. deJong is diligently pursuing the process of completing the filing of the improvement and final
engineering plans to complete the process of the subdivision. Significant expenditures have been made in
this regard. However, questions relating to the solvency of the Poinsettia Lane Bridge and Thoroughfare
District and the ultimate ability of the district to compensate for right of ways and district funded
improvements forced the applicant to place final map activities on hold during the past year. Now that
the City has completed right of way acquisition and the District has been amended, the applicant is in a
position to move forward with final map recordation. Enclosed are the signed and completed Engineering
Application, Agreement for the Imposition of New Conditions (signed and notarized) , mailing labels,
copies of the conditions of approval along with the approved tentative map, updated title report,
extension fee of $1,900 and a copy of the Coastal Development Permit extension package.
We appreciate your consideration of the extension and look forward to moving ahead with the
development process. Please call me if you have any questions or need any additional information.
..
Sincerely,
cc: Arie deJong
David Shibley
- 1-
DISCLOSURG STATEMENT
Appbcant’r statement or disclostoc of cmam ownership interests on all appl~cations which will requlre
discretionary action on the part of the City Council m any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of appllcatton submittal, Your project cannot
bc reviewed until this lnfonnation is completed. Please pnnt.
Note: Pcnoa is. dcfraed u “Any indi~ibrrl, fipIs.ca-pat&uccLhip,. joint venture, associat)on, rocirl club, hnml
organization, corporation. estate, trust. receiver, syndicate, ia this and my other county, city and county, c~ty municipality, district or other political subdivision or MY other proup or combhrtion acting as a mt.”
Agecab my sip this document; however, the legal name and entity of Ihe rpplicant md property owner murl be provided below.
1. APPLICANT (Not the applicant’s agent)
hovidc the COMPLETE. LEG& names and addresses of & pcrsons having a financial
interest in the application. If the applicant includes a comratlon or ~~bl~f~hfg, Include the
namcs, title, addrrnrts of all in&viduals omg more than 10% of the shares. LF NO
APPLICABLE (N/A) IN THE SPACE BELOW If a @iclv-owned comoration. include the
nnmcs, titles, and addresses of the corporate officers. (A separate page may be attached if
ncccssay.)
Person Arip tip ,Tnng.:Jr- corp/pm ADJ Holdings, LLC
Titie- P An .Tnnz . Title-a Member
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Address-East Mi -ad, Address Same
San Marcos, Ca. 92069
2. OWNER (Not the owner’6 agent)
Provide the COMPW names and addresses of &L persons having any ownership
interest in the property mvolved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, ctc.). If the ownership includes a
-orhi& include the names, title, addresses of all rndividuals owning more
than 1Wh of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEbSL INI?!CP.TE NCN-.L!PLICABLE (WA) Dl THE SPACE BELOW. If a publiclv-
owned cornoration. include the names, titles, and addresses of the corporate officers. (A separate pngc may be attached if necessary.)
Person- ,Tr . Corp/parr ADJ Holdinas, LLC
Title Anna P. de Jona Title- r
Address 605 East Mission Road,Address Same
San Marcos, Ca. 92069
1635 Faraday Avenue Carlsbad. CA 92008-7314 0 (760) 602-4600 FAX (760) 602-8559 @
3. NON-PROFIT Or I WTION OR TkWT .-. .
If my person identitled pursuant to (1) or (2) above is In~nbf~fitul~~nlldtlon or n ma, list the
names and addresses of person serving as M officer or director of the non-profit
organization or as trustee.or beneficiary of the. .
Non ProfiVTrust Non ProfiVTmst
Title Title
Address Address
4. Have you had more than S250 worth of business trPnucted with any member of City staff, Boards, Commissions, Comunmes-end/orCouncil wtthin-the pest twelve (12) months?
[7 yes Q NO If yes, please indicate pcrson(s):
~
NOTE: Attach Wional sheets if necessary.
information is brue mud cmc
//
Arie de Jon% Jr. Managing Member Arie de Jong, Jr. Managing Member
Pnnt or type name of owner Print or typcmmt of npplicnnt
Stgnature of owncr/applIcat"r agent if applicablddate
nnvifl R- .whlnv a Print or type name of owndappl~cant'r.agmt-
H:ADMIN\COUNTER\OISCLOSURE STATEMENT 1/98 Pogo 2 of 2
1
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
i
PLANNING COMMISSION RESOLUTION NO. 4986 I
!
A RESOLUTION OF THE PLANNING COMMISSION OF THE I
CITY OF CARLSBAD, CALIFORNIA. APPROVING A OM- j
YEAR EXTENSION FOR THE DEJONG PROPERTY
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
THE INTERSECTION OF BLACK K4IL ROAD AhD I
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMEKT
ZONE 20.
CASE NAME: DEJONG PROPERTY MAP EXTENSION
CASE NO.: CT 98-05x1
WHEREAS Arie deJong, Jr. Family Trust, “Developer and “Owner.” has filed
a verified application with the City of Carlsbad regarding property described as:
Being that portion of Lot 2 of Section 22, Township 12 south,
Range 4 west, San Bernardino Base and Meridian, in the CiF
of Carlsbad, State of California according to official plat
thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Extension as shown on Exhibit “A” dated June 6, 2001, on file in the Planning
Department DEJONG PROPERTY MAP EXTENSION - CT 98-05x1, as provided by Title
20 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of June 2001, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map Extension; and,
WHEREAS, on May 11,1999, the City Council approved CT 98-05 as described
and conditioned in Planning Commission Resolution No. 4506.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
1
3 -
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
” 73
23
24
25
26
27
28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing. he
Commission APPROVING DEJONG PROPERTJ‘ hl.4P
EXTENSION - CT 98-05x1 based on the follo\\ing finding and subject
to the following conditions.
Findings:
1. All of the findings contained in Planning Commission Resolution KO. 3506 dated
April 7, 1999 for CT 98-05 are incorporated herein by reference and remain in
effect.
-. 3 That a one-year extension is appropriate and necessary for this project due to
financial and design issues.
Conditions:
1. This approval is granted subject to the approval of HDP 98-03x1 and CDP 98-26x1 and
is subject to all conditions contained in Planning Commission Resolution Nos. 4507 and
4508 for those other approvals.
_. 3 All of the conditions contained in Planning Commission Resolution No. 4506 dated
April 7, 1999 for CT 98-05 are incorporated herein by reference and remain in
effect except for Code Reminder No. 71, which is replaced by new condition No. 3
below.
3. This Tentative Map is granted for a period of one (1) year retroactively from May
11,2000 through May 11,2002.
4. The City of Carlsbad is presently considering action to reform Bridge and
Thoroughfare District No. 2 (B&TD#2) to finance cost increases incurred andlor
estimated to complete the design and construction of Aviara Parkway and Poinsettia
Lane within the boundaries of the district. Prior to approval of a final map or
issuance of a building permit on the project site, whichever occurs first, the property
owner shall enter into an agreement with the City whereby the owner/developer
agrees not to oppose the reformation of B&TD#2 and further agrees to pay their
project’s fair share contribution for the B&TD#2 facilities in accordance with the
fee schedule as may be adopted by the City Council upon reformation of B&TD#2.
In the event building permits are issued in advance of the reformation of the
district, the owner/developer shall post a cash deposit with the City in the amount of
the proposed fee as estimated in the latest revision to the B&TD#2 Fee Study Report
available at the time of building permit issuance.
PC RES0 NO. 4986 -2-
1
3
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE
Please take NOTICE that approval of your project includes the “imposition“ of fees. dedications.
reservations, or other exactions hereafter collectively referred to for convenience x
“feesiexactions.”
You have 90 days fi-om date of approval to protest imposition of these fees!esactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the Cit!. 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 feesiexactions
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th of June 2001, by the following
vote, to wit:
(7
AYES: Chairperson Segall, Commissioners Baker, Heineman, L’Heurew
Nielsen, and Trigas
NOES:
ABSENT: Commissioner Compas
ABSTAIN:
/-
JEFFE-N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HaLZmLER .
Planning Director
PC RES0 NO. 4986 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
” 33
23
24
25
26
27
28
B1,ANNING COMMISSION RFSOJ,UTIOX NO. 4506
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 33.4 ACRES INTO 30 LOTS Oh’ PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
THE INTERSECTION OF BLACK RAIL ROAD AND FUTURE
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20
CASE NAME: DE JONG RESIDENTIAL PROJECT
APPROVAL OF CARLSBAD TRACT NUMBER CT 98-05 TO
SE NO.: CT 98-05
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”. has filed ;t
verified application with the City of Carlsbad regarding property owned by Arie De Jong, Jr.
Family Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
I
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “A)’- “X” dated March 17, 1999, on file in the Planning
Department DE JONG RESIDENTIAL PROJECT - CT 98-05, as provided by Title 20 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of March 1999 and
on the 7th day of April 1999 hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
I
1
3 -
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
I 1 I
I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing. the Commission
RECOMMENDS APPROVAL of DE JONG RESIDENTIAL PROJECT. CT
98-05, based on the following findings and subject to the following conditions:
Findinm:
1.
3 -.
3.
4.
5.
6.
That the proposed map and the proposed design and improvement of the subdivision as
condition, is consistent with and satisfies all requirements of the General Plan, an\'
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable City
regulations except for the maximum panhandle length for Lots 27 and 28 for which
a variance is concurrently recommended for approval.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties to the south and west are designated for single family
residential development on the General Plan, in that they are designated as RLM
(Low-Medium Density Residential). Property to the north contains native habitat.
The adjacent property to the east will be developed as a City park and is designated
as OS. The open space on-site provides an adequate buffer from the park site.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the applicable City regulations.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map the developer will vacate and adjust any
easements that conflict with proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single family residences with adequate separation to
provide residents with adequate air circulation within and surrounding any future
residential units.
PC RES0 NO. 4506 -2-
1
3 -
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7.
8.
9.
10.
I
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and en\ironmcntal
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or Lvildlife or their ~
habitat, in that the project is conditioned to include biological mitigation measures 1 addressing the preservation of the resources on the site prior to approval of a find
map. I I
That the discharge of waste fi-om the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elmination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the following:
a.
b.
C.
d.
e.
f.
Land Use- The project is consistent with the City’s General Plan since the
proposed density of 1.8 ddacre is within the density range of 0-4 ddacre
specified for the site as indicated on the Land Use Element of the General Plan,
and is at or below the growth control point of 3.2 du/acre.
Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards.
Noise - The proposed residential project has been conditioned to include
construction methods and ventilation systems on designated units in order to
meet required interior noise levels at second story locations.
Housing - That the project is consistent with the Housing Element of the
General Plan and the Inclusionary Housing Ordinance as the Developer has
been conditioned to enter into an Affordable housing Agreement to purchase
4.2 affordable housing credits in Villa Loma.
Open Space and Conservation - The proposed project will provide 23.18 acres
of open space within two open space lots to preserve areas containing
sensitive habitat. The project will also provide a 20 foot trail easement and
construction of a portion of Trail Segment No. 30.
Public Safety - The project includes fire suppression zones to reduce the
potential for structures to be lost as a result of a fire within open space Lot
29.
PC RES0 NO. 4506 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
" 33
23
24
25
26
27
28
11.
12.
13.
14.
15.
The project is consistent with the City-Wide Facilities and Improvements Plan. thc
applicable local facilities management plan, and all City public facilit!. policies and
ordinances since:
a. The project has been conditioned to ensure that the final map will not be appro\.ed j
unless the City Council finds that sewer service is available to serve the project.
In addition, the project is conditioned such that a note shall be placed on the final
map that building permits may not be issued for the project unless the District
Engineer determines that sewer service is available. and buildin, (7 cannot occur
withm the project unless sewer service remains available, and the District
Engineer is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
b. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
c. Park-in-lieu fees are required as a condition of approval.
d. AI1 necessary public improvements have been provided or are required as
conditions of approval.
e. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 20.
That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the areas immediately surrounding the
proposed panhandle lots contain sensitive habitat and significant fill would also be
required based on the existing topography. The use of panhandle lots to provide
access to this developable area is the most environmentally sensitive way of
providing access.
That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide fill public street access to other properties within the same block of the subject
property, in that access will not be precluded to adjacent properties as they either
currently have access or are steep slopes containing sensitive vegetation and will not
be developed.
PC RES0 NO. 4506 . -4-
1
3 -
3
4
5
6
7
<
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16.
17.
18.
That the buildable portion of the lot consists of an area of 8,000 square feet. \vhici:
meets the requirements of Section 2 1.10.080(d)( 1) of the Carlsbad Municipal Code;
That the front, sides, and rear property lines, for purposes of determining required ~wds.
are as shown on Exhibit “Y” labeled De Jong Property Panhandle Lot Setback ~
Exhibit, attached hereto and on file in the Planning Department.
That this project could have a potentially significant negative cumulative traffic impact
on the Palomar Axport RoadlEl Camino Real intersection. However, this project has
been conditioned to pay its fair share of the “short-term improvements” thereby,
guaranteeing implementation of a mitigation measure that reduces the potential impact to
a level of insignificance.
Condltlons: ..
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
-. 3 The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
3 The 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 Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
Maps and Exhlblts
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Tentative Map as approved by the final decision making body. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shall be submitted to
the City Engineer and approved prior to building, grading, final map, or improvement
plan submittal, whichever occurs first.
..
5. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving (resolution(s)) on a 24” x 36” blueline drawing.
Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
PC RES0 NO. 4506 -5-
1
3 -
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
” 33
23
24
25
26
27
28
c
Facilities and Services
6.
7.
8.
9.
10.
11.
The final map shall not be approved unless the City Council finds as of the time of such
approval that sewer service is available to senre the subdivision.
Building permits will not be issued for development of the subject propert!. unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy. A note
to this effect shall be placed on the final map.
The Developer shall pay the public facilities fee adopted by the City Council on July 2s.
1987, (amended July 2, 1991) and as amended fkom time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfill the developer’s/subdivider’s ageement to pay the
public facilities fee dated February 11, 1998, a copy of which is on file with the City
Clerk and is incorporated by this reference. If the fees are not paid, this application will
not be consistent with the General Plan and approval for this project will be void.
Prior to the issuance of a building permit, the developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
The developer shall post a sign in the sales office in a prominent location that discloses
which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
General Co- ..
12. 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 residential
housing project are challenged this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
13. Approval of CT 98-05 is granted subject to the approval of ZC 98-02, LCPA 98-01,
HDP 98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program. CT 98-05 is subject to all conditions
contained in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, HDP
98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program.
PC RES0 NO. 4506 -6-
1
3 -
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
.- h I
j
14. The Developer shall establish a homeowner’s association and corresponding covenants.
conditions and restrictions. Said CC&Rs shall be submitted to and approved b!. thc
Planning Director prior to final map approval. Prior to issuance of a building permit thc
Developer shall provide the Planning Department with a recorded cop!. of the official j
CC&Rs that have been approved by the Department of Real Estate and the Plannins !
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. ure of Assoclatlon to Mam 1. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perfom such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project.
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
.. ..
C. s.s i . In the event the City has performed the
necessary maintenance to either Common Area Lots andlor Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perfom such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
PC RES0 NO. 4506 -7-
1
3
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
33 ”
23
24
25
26
27
28
15.
16.
17.
I I I
I
hisher respective Lot for purposes of collecting such special assessnlenI in ’
accordance with the procedures set forth in Article of this Declaration.
d. The required items listed in the Mitigation Monitoring and Reporting Program for
the project.
Prior to the approval of the final map, 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, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Tract Map, Hillside Development Permit,
Coastal Development Permit, and Variance by Resolutions No. 4506,4507,4508 and
4509 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.
This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period not to exceed an
additional 180 days for a total of 240 days from the date of City Council approval,
upon a showing of good cause.
The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard
area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall
prohibit the storage of recreational vehicles in the required front yard setback.
Landscape
18. The Developer shall prepare a detailed landscape and irrigation plan in confoimance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thnving condition, free from weeds, trash, and
debris.
19. The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
20. Prior to approval of the final map, the Developer shall be required: 1) to consult with the
United States Fish and Wildlife Service (USFWS) regarding the impact of the project on
the Coastal California Gnatcatcher; and, 2) obtain any permits required by the USWFS.
PC RES0 NO. 4506 -8-
1
& 3
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
21.
22.
23.
24.
25.
26.
The Developer shall implement, or cause the implementation of, the Dejong Residential
Project Mitigation Monitoring and Reporting Program.
Prior to the approval of the final map for any phase of this project. the De\.eloper shall
enter into an Affordable. Housing Agreement with the City to purchase 4.2 affordable ,
housing credits in the Villa Loma housing project. in accordance \\ith the
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The
draft Affordable Housing Agreement shall be submitted to the Planning Director no later
than 90 days after the California Coastal Commission action on the project. The
recorded Affordable Housing Agreement shall be binding on all future o\\mers and
successors in interest.
The Developer shall dedicate on the final map, an open space easement for those portions
of lots 29 and 30 whch are (in slopes, wetlands, coastal sage scrub or other constrained
land plus all other lands set aside as part of the Citywide Open Space System) in their
entirety to prohibit any encroachment or development, including but not limited to
fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other than
that approved as part of (the grading plan, improvement plans, biological revegetation
program, landscape plan, etc.) as shown on Exhibit “A”-“X”, dated March 17,1999.
Removal of native vegetation and development of Open Space Lot(s) 29 and 30.
including but not limited to fences, walls, decks, storage buildings, pools. spas, stairways
and landscaping, other than that approved as part of (the grading plan, improvement
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “A”-
“X”, dated March 17, 1999, is specifically prohibited, except upon written order of the
Carlsbad Fire Department for fire prevention purposes, or upon written approval of the
Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a
request from the Homeowners Association accompanied by a report from a qualified
arboristhotanist indicating the need to remove specified trees andior plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing
native vegetation the report required to accompany the request shall be prepared by a
qualified biologist.
Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the (i.e.
jentative mu) within Open Space Lot(s) 30. If the City of Carlsbad accepts dedication
of the trail easement, the trail shall be constructed as a public trail and will be the
maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad
does not accept dedication of the trail easement, the trail shall still be constructed but it
shall be constructed as a private trail and shall be the maintenance and liability
responsibility of the Homeowners Association.
The Developer shall pay his fair share for the “short-term improvements to the El
Camino ReaYPalomar Airport Road intersection prior to approval of the final map
or the issuance of a grading permit, whichever occurs first. The amount shall be
determined by the methodology ultimately selected by Council, including but not
limited to, an increase in the city-wide traffic impact fee; an increased or new Zone
PC RES0 NO. 4506 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
" 33
23
24
25
26
27
28
20 LFMP fee, the creation of a fee or assessment district; or incorporation into 3
Mello-Roos taxing district.
Enyineeringndltlons; ..
NOTE: Unless specifically stated in the condition, all of the following engineering
27.
28.
29.
30.
31.
32.
conditions upon the approval of this proposed major subdivision must be nlet
prior to approval of a final map.
Prior to issuance of any building permit, the developer shall comply with the
requirements of the City's anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
There shall be one final subdivision map recorded for this project.
All concrete terrace drains shall be maintained by the homeowner's association (if on
commonly owned property) or the individual property owner (if on an individually
owned lot). An appropriately worded statement clearly identifying the responsibility
shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map.
The developer shall defend, indemnify and hold harmless the City and its agents, officers.
and employees from any claim, action or proceeding against the City or its agents.
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
Prior to hauling dirt or construction materials to or from any proposed construction site
withn this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
The developer shall install sight distance conidors at all street intersections in accordance
with Engineering Standards and. shall record the following statement on the Final Map
(and in the CC&Rs if applicable).
"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 comdor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
Fees/Agreements
33. The developer shall pay all current fees and deposits required.
34. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
PC RES0 NO. 4506 ' -10-
1
- 7
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
" 77
23
24
25
26
27
28
35.
36.
37.
The owner shall execute a hold harmless agreement for geologic failure.
Prior to approval of any grading or building permits for this project, the onmer shall gi\.r
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
This project is within the proposed boundary of the Aviara Parkway - Poinsettia Lane
Bridge and Thoroughfare Fee District #2. This project is required to pay a fair share
contribution towards the construction of Aviara Parkway - Poinsettia Lane in
accordance with the fee program.
eemem
38. The developer may enter into a reimbursement agreement with the City for right of
way dedication and for required improvements to Poinsettia Lane as identified in
the Aviara Parkway - Poinsettia Lane Bridge And Thoroughfare District Number 2.
If the agreement is entered into, it must be approved prior to dedication of right of
way and prior to the beginning of construction.
Grading
39.
40.
41.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. The preliminary soils report
has identified debris, old cars and trash to be removed and disposed of offsite. The
grading plans for this project shall reflect the areas of removal and shall conform to
the recommendations contained in the Preliminary Geotechnical Investigation dated
January 12,1998.
Prior to the issuance of a grading permit or building permit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan
is submitted to the City Engineer. The plan shall clearly show all the geology as exposed
by the grading operation, all geologic corrective measures as actually constructed and
must be based on a contour map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the engineering geologist. The plan
shall be prepared on a 24" x 36" mylar or similar drafting film and shall become a
permanent record.
.. 1catlonsnrnDrovemegtS
42. Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
PC RES0 NO. 4506 -1 1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
" 37
23
24
25
26
27
28
43.
44.
45.
46.
47.
48.
49.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer shall bc
Streets that are already public are not required to be rededicated.
The full width of Poinsettia Lane shall be dedicated by the owner along the project
frontage based on a center line to right-of-way width of 51' feet and in conformance with
City of Carlsbad Standards.
Black Rail Road shall be dedicated by the owner along the project frontage based on a
center line to right-of-way width of 30' feet and in conformance with City of Carlsbad
Standards.
Direct access rights for all lots abutting Poinsettia Lane shall be waived on the final map.
The only exception to this condition is the access to SDG&E facilities and to any
public trail system.
Direct access rights for lots 1 and 20 to Black Rail Road shall be waived on the final
map.
The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide 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 approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
made by a certificate on the final map for this project. All land so offered shall be granwd i
to the City free and clear of all liens and encumbrances and without cost to the Cir?. '
i
I
the following:
A.
B.
C.
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.
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 Federal, State, County and City
requirements as prescribed in their respective containers.
Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Plans, specifications, and supporting documents for all public improvements shall be
PC RES0 NO. 4506 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
” 33
23
24
25
26
27
28
prepared to the satisfaction of the City Engineer. In accordance with Cit?. Standards. rhc
developer shall install, or agree to install and secure with appropriate securit!. as provided
by law, improvements shown on the tentative map and the following impro\rements:
A.
B.
C.
D.
Poinsettia Lane full half width improvements (as a 102’ major arterial)
within the boundary of this subdivision. Improvements to include but not be
limited to full width grading and drainage improvements, A.C. paving 6:
base, curb, gutter & sidewalk, public utilities, median hardscape, irrigation,
and landscaping within this arterial roadway.
Black Rail Road full half width improvements (as a 60’ local street) along the
frontage of this project. Improvements include but are not limited to grading.
curb, gutter & sidewalk, A.C. paving & base, irrigation, landscaping and
public utilities within this roadway.
Sewer, Water and Storm Drains onsite and offsite to serve this subdivision as
required and as shown on the tentative map.
Check Dams downstream of drainage outlets across open space lot 29 as
shown on the tentative map and as required downstream to control erosive
velocity of drainage. Location and design of these check dams to be
determined in final design of this project, subject to the approval of the City
Engineer.
OFF-SITE IMPROVEMENTS;
E. The fully improved median portion of Poinsettia Lane, a 102’ wide major
arterial plus an 18 foot wide lane. The offsite improvement of Poinsettia Lane
shall include but not be limited to full width grading, transitions, AC berms,
drainage facilities, and median curbs as identified in the Aviara Parkway -
Poinsettia Lane Bridge and Thoroughfare District Number 2.
F. Offsite transitions and/or reconstruction may be required for Black Rail
Road and for Poinsettia ,Lane to provide a smooth transition to the
satisfaction of the City Engineer.
A list of the above improvements shall be placed on an additional map sheet on the final
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements
listed above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
50. Drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not provided, shall be designed and incorporated into the
gradinghmprovement plans for the project. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall all to the satisfaction of the City
Engineer.
PC RES0 NO. 4506 -13-
1
- 3
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
Final Map Notes
5 1. Note(s) to the following effect(s) shall be pl .aced on the fi .nal map as non-mapping data:
78.C.2.The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure. ground
water seepage or land subsidence and subsequent damaze that may occur
on, or adjacent to, ths subdivision due to its construction, operation or
maintenance.
78.C.l.Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
78.C.2.The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any Joint Access and Utility and
any subsequent damage that may occur on, or adjacent to, the
panhandle/flag lot design for lots 27 & 28 of this subdivision due to its
construction, operation or maintenance.
78.D.
Final Map Notes
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 conidor in accordance with City
Standard Public Street-Design Criteria, Section 8.B.3. The underlying
property owner shall maintain this condition.
52. The Developer shall provide the following note on the final map of the subdivision and
final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management
Control Point for each General Plan land use designation. Development cannot exceed
the Growth Control Point except as provided by Chapter 2 1.90. The land use designation
for this development is RLM, 3.2 dwelling units per non-constrained acre.
Parcels 1 through 30 were used to calculate the intensity of development under the
General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one
of these parcels must also include parcels 1 through 30 under the General Plan and
Chapter 2 1.90 of the Carlsbad Municipal Code.”
53. The following note shall be placed on the Final Map: “Prior to issuance of a building
permit for any buildable lot within the subdivision, the Developer shall pay a one-time
special development tax in accordance with the City Council Resolution No. 91-39.”
PC RES0 NO. 4506 -14-
1
& 3
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
54.
55.
56.
57.
58.
I
1
Approval of this request shall not excuse compliance with all applicable sections of rhc
Zoning Ordinance and all other applicable City ordinances in effecr at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements ’
pursuant to Title 24 of the State Building Code.
The Developer shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Fire Condltlons; ..
59. Structures on lots 27 and 28 shall be constructed in conformance with Section 504 of the
1997 edition of the Urban Wildland Interface Code.
Water CondltlogS; ..
60.
61.
62.
63.
64.
The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
any meter installation.
The Developer shall provide detailed information to the District Engineer regarding water
demand, imgation demand, fire flow demand in gallons per minute, and projected sewer
flow in million gallons per day.
The entire potable water system, recycled water system and sewer system shall be
evaluated in detail by Developer and District Engineer to insure that adequate capacity,
pressure and flow demands can be met.
All District pipelines, pump stations, pressure reducing stations and appurtenances
required for this project by the District shall be within public right-of-way or within
easements granted to the District or the City of Carlsbad.
Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirements.
PC RES0 NO. 4506 -15-
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
65.
66.
67.
68.
69.
-.
B. Prepare and submit a colored recycled water use area map and submit this map to thc !
Planning Department for processing and approval by the Distnct Engineer.
C. Prior to the preparation of sewer, water and recycled water improvement plans. the ~
I
Developer shall submit preliminary system layouts to the District En, Oineer for
review, comment and approval.
”
The following note shall be placed on the final map. “This project is approved upon the
expressed condition that building permits will not be issued for development of the
subject property unless the District serving the development has adequate water and
sewer capacity available at the time development is to occur, and that such Lvater and
sewer capacity will continue to be available until time of occupancy.
All potable water and recycled water meters shall be placed within public right of way.
The following items shall apply if checked:
No more than 19 homes shall be served on a single potable water distribution pipeline.
For those locations with more than 19 homes, a looped potable water pipeline system
shall be designed.
The Developer will be responsible for construction of all sewer mains as necessary for the
service of this project. Construction of the sewer main within Poinsettia Lane will
include connection to the existing sewer in Poinsettia Lane at the western boundary of
Aviary Planning Area 111.
The Developer will be responsible for the construction of approximately 1800 lineal feet
of 18” PVC recycled water main, approximately 1800 lineal feet of 12” PVC potable
water main and approximately 1800 lineal feet of 30” welded steel potable water main
along Poinsettia Lane from Black Rail Road to the boundary of Aviara Planning Area 111.
The Developer’s Engineer will show the recycled water main and the potable mains on
the Poinsettia Lane Improvement Plans. The Developer will be reimbursed for the cost of
construction of the recycled water main and the potable water mains as described above
in accordance with terms of a signed reimbursement agreement between the Carlsbad
Municipal Water District and the Developer.
General:
70. If any of the foregoing 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 Tentative Tract Map.
PC RES0 NO. 4506 , -16-
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
Standard Code Reminders;
71.
72.
73.
74.
75.
The tentative map approval shall expire twentyfour (24) months from th
Planning Commission document approving this subdivision.
:e dare of‘ ’
The 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 the Carlsbad Municipal Code and the City Engineer.
Some improvements shown on the tentative map andor required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications.
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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. 4506 -17-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
33 ”
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 7th day of April 1999. h~. thc
following vote, to wit:
AYES : Chairperson Heineman, Commissioners Compas. L’Heureus.
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. &ZM~I!LER
Planning Director
PC RES0 NO. 4506 -1 8-
Cribwall
"
of the Urban WiIdIand Interface Code
A-2 Fire
Suppression Zone )
deJong Property NORTH ; Panhandle Lot Setback Exhibit Scale: 1"=40'
VJ
J& Hmh 8 hsocicrtes 5375 Awn& EncinaJ Suite D Curkbad, CA 92008 PH: (760) 438-4090 FAX: 1760) 438-0981
1
3 -
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFOIXNI.4. .@PROVING A OXE-
YEAR EXTENSION FOR THE DEJONG PROPERTY
GENERALLY LOCATED Oh: THE NORTHEAST CORNER OF
THE INTERSECTION OF BLACK RAIL R0.0 .4h’D
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: DEJONG PROPERTY MAP EXTENSION
CASE NO: HDP 98-03x1
WHEREAS Arie deJong, Jr. Family Trust, “Developer and “Owner.“ has filed
a verified application with the City of Carlsbad regarding property described as
Being that portion of Lot 2 of Section 22, Township 12 south,
Range 4 west, San Bernardino Base and Meridian, in the City
of Carlsbad, State of California according to official plat
thereof,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit extension as shown on Exhbit(s) “A“ dated June 6, 2001, on file in the
Carlsbad Planning Department, DEJONG PROPERTY MAP EXTENSION - HDP 98-03x1,
as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of June 2001, consider
said request; and
WHEREAS, at said 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 Hillside Development Permit extension; and
WHEREAS, on May 11,1999 the City Council previously approved HDP 98-03
as described and conditioned in Planning Commission Resolution No. 4507.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
1
- 3
3
4
5
6
7
8
9
10
11
12
1-3
14
15
16
17
18
19
2a
21
22
23
24
25
26
27
2E
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing. the Commission
APPROVES. DEJONG PROPERTY MAP EXTENSIOK - HDP 98-03x1
based on the following findings and subject to the fo1lou.ing conditions:
Findinps:
1. All of the findings contained in Planning Commission Resolution No. 4507 dated
April 7, 1999 for HDP 98-03 are incorporated herein by reference and remain in
effect.
2. That a one-year extension is appropriate and necessary for this project due to
financial and design issues.
Conditions:
1. This approval is granted subject to the approval of CT 98-05x1 and CDP 98-26x1 and is
subject to all conditions contained in Planning Commission Resolution Nos. 4506 and
4508 for those other approvals.
_. 3 All of the conditions contained in Planning Commission Resolution No. 4507 dated
April 7, 1999 for CT 98-05 are incorporated herein by reference and remain in
effect except for Condition number 3 which is replaced by new condition No. 3
below.
3. This Hillside Development Permit is granted for a period of one (1) year
retroactively from May 11,2000 through May 11,2002.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030.. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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. 5004 -2-
1
3
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 6th day of June, 2001. b!. thc
following vote, to wit:
AYES : Chairperson Segall, Commissioners Baker, Heineman. L’Heureus.
Nielsen, and Trigas
NOES:
ABSENT: Commissioner Compas
ABSTAIN:
942, JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNTNG COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5004 -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
pJ .ANNING COMMISSION RESOLUTION NO. 4507
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP
ACRE SITE INTO 30 LOTS ON PROPERTY GENEWLY
LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF BLACK RAIL ROAD AND FUTURE
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
!
I
98-03 FOR THE GRADING AND SUBDIVISION OF A 33.4 1
E NO: P 98-03
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr. Family
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibit(s) “A” - “X” dated March 17, 1999, on file in the
Carlsbad Planning Department, DE JONG RESIDENTIAL PROJECT, HDP 98-03, as
provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of March 1999 and
on the 7th day of April 1999, consider said request; and
WHEREAS, at said 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 Hillside Development Permit; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
” 33
23
24
25
26
27
28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing. the Commission
COMMENDS APPROVAL of DE JONG RESIDENTIAL PROJECT.
HDP 98-03 based on the following findings and subject to the following
conditions:
Findings:
1.
2.
3.
4.
5.
6.
7.
That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages;
That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map;
That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that 1) the grading design avoids steep slopes
except where a circulation element road is involved; and 2) manufactured slopes are
contoured to follow the natural topography.
That the proposed development or grading will not occur in the undevelopable portions of
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in
that the significant steep slopes greater than 40% are preserved in open space. The
proposed area of encroachment is for Poinsettia Lane a circulation element road for
which the code provides an exclusion ,
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual., in that the grading follows the natural
topography, the future homes would be setback from the tops of manufactured
slopes, and all manufactured slopes will be screened with landscaping that includes
a combination of ground cover, shrubs, and trees where permitted by the fire
suppression zones.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that the project’s grading and design does not encroach into steep slopes except as
needed to construct Poinsettia Lane.
That the site requires extensive grading to accommodate a circulation-element roadway,
in that a significant amount of fill is required for Poinsettia Lane .
PC RES0 NO. 4507 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Condltlow: ..
1.
3 e.
3.
4.
Staff is authorized and directed to make, or require Developer to make. all corrections I
and modifications to the Hillside Development Permit document(s) necessw to make
them internally consistent and in conformity with final action on the project.
Development shall OCCLU substantially as shown in the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Approval of HDP 98-03 is granted subject to the approval of ZC 98-02, LCPA 98-01.
CDP 98-26, V 98-04 and the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program. HDP 98-03 is subject to all conditions contained
in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, CDP 98-26, \’ 98-
04 and the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
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 residential
housing project are challenged this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
PC RES0 NO. 4507 -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
1
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannins
Commission of the City of Carlsbad, California. held on the 7th day of April 1999. b!. thc
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas. L'Heureu~,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
PC RES0 NO. 4507 -4-
" " COURTNEY E. HEMEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. ~ZLZ~LER
Planning Director
U 1 CT 98-05 /COP 98-26 IHDP 9843 IZC 98-02lLCPA 98-01 N9&C
TENTATIVE TRACT MAP
' L"-$ DEJONG CITY OF CARLSBAD, CALIFORNIA
PUBLIC UTIUnES UID DISTRICTS
PREUMINARY TITLE REWRl PRXESSED BY
TENTATIVE TRACT MAP 1
SHEET
DEJONG PROPERTY or
CITY OF CARLSBAD. CALIFORNIA 5
CT 98-05 ICDP 98-26 IHDP 98-03 IZC 9602/LCPA 96411VgBM
SEE SHEET 3 I2:..-.'. I DEJONG PROPERTY OT
TENTATIVE TRACT MAP
6 AWY MILS Is-
CT 98-05 ICDP 98-26 lHDP 98-03 /ZC 984YLCPA 98-01 N98-04
SEE SHEET 2
I
I
SEE SHEET 5
CT 98-05 ICDP 98-26 IHDP 88-03 IZC 98-02ILCPA 98-01N98M li
!I
'I
:I /i
II
ji I
1;
I
c: f I
Im rnEPUE0 I* TENTATIVE TRACT MAP 4
SHE
HlJNSAKER &~S~Iyl.S DEJONG PROPERTY
IR
CT 98-05 ICDP 98-26 IHDP 98-03 IZC 98-02/LCPA 98-0llvse-ol
! ;:.
..
!
, , (' , ,I '
I.
,
I.
I
',;'
a P
I
.* . .. I
i
I
!
PlEPmII TENTATIVE TRACT MAP WEEl
HUNSAKER ! .%??'F DEJONG PROPERTV SEE SHEET 4