HomeMy WebLinkAboutHDP 98-03; De Jong Property; Hillside Development Permit (HDP)The City of Carlsbad Planning Departmt..
A REPORT TO THE PLANNING COMMISSION tP
Item No. 0
P.C. AGENDA OF: June 6,2001
Application complete date: June 6,2001
Project Planner: Van Lynch
Project Engineer: Clyde Wickham
SUBJECT: CT 98-05xllHDP 9843x1 - 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 comer of the intersection of Black Rail Road and future Poinsettia
Lane in the Coastal Zone and Local Facilities Management Zone 20.
I. RECOMMENDATION
That the Planning Commission APPROVE Planning Commission Resolutions Nos. 4985,4986,
5004 ADOPTING a Negative Declaration, a one year extension of CT 98-05, and a one year
extension of HDP 98-03 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 11, 2002. The tentative map was approved by Planning Commission
Resolution No. 4506 and the hillside permit by Resolution No. 4507. The applicant has made a
timely and complete submittal and staff has agreed to process the request for a one-year
extension due to financial and design issues with this developer. Staff concurs with the applicant
that his financial and design situation has limited his ability to diligently pursue those acts
required to obtain a final map for the subdivision.
c
CT 98-05~1/HDP 98-03x1 DEJONG PROPERTY
June 6,2001
Pane 2
The original conditions of approval cited in Planning Commission Resolution No. 4506 and 4507
are still applicable to the project. A new condition has been added to the tentative map because
the City of Carlsbad is presently considering action to reform Bridge and Thoroughfare District
No. 2 (B&TD#2) to finance cost increases incurred and/or estimated to complete the design and
construction of Aviara Parkway and Poinsettia Lane within the boundaries of the district.
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 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 (PC 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:
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VL:cs:mh
Planning Commission Resolution No. 4985 (ND)
Planning Commission Resolution No. 4986 (CT)
Planning Commission Resolution No. 5004 (HDP)
Location Map
Request for Tentative Map Extension
Disclosure Statement
Planning Commission Resolution No. 4506 (CT 98-05)
Planning Commission Resolution No. 4507 (HDP 98-03)
Reduced Exhibits, Exhibit “A”
SI1
DE JONG PROPERTY
CT 98-05x1
DISCLOSURE STATEMENT
Applicant’s statcmcntordisclostln- of cmain ownership interests .on all applications which will rcqutre’
discretionary action on the part of the City Council OT any appointed Board, Commission or Committee.
The following infomation MI, be disclosed at the time of application submittal. Your project cannot
be rcviewcd until this information is completed. Please pnnt.
Note: Pcno~ ic. bfmd u *‘ky indi~idua4 m.ca-prrtnerrhip,. joint vcotu~, association, social club, fnmnrl
orgmization, corporation. estate. trurt, rcceivn, syndicate, in his and any other county, city rad couoty, city municipality, district or other political rubdivision or MY other pup or combination acting as a unit:”
Ageob my sign this document; however, the legal me md entity of the applicant and properly owner murt be provided below.
1. APPLICANT (Not the applicant’s agent)
Provide the -LEGAL names and addresses of bw( persons having a financial
interest in the application. If the applicant includes a Egrwration or DU~TI~TS~~~, include the
names,. title, addrurrcs. af all indxviduals. om. .more than 10% of the shares, IF NO
APPLKABLE @/A) IN THE SPACE BELOW If a miclv-owned comoratioa include tbc
names, titles, and addresses of the corparrte officers. (A separate page may be attached .if
necessary.)
Person Arip de tTtmg7Jr- c~m ADJ Holdings, LLC
Titie Anpa P A- .Tv Title” P t
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Address 605 East ”ad, Address Same
San Marcos, Ca. 92069
2. OWNER (Not thC OWnm’6 agent) .
Provide the COMP- names and addresses of &L persons having any ownership
interest in the property involved.’ Al60, provide the nature of the legal ownership (i.G partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
include the names, title, addresses of all individuals owning more than lO?h of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned cornration, include the names, titles, and’addresser of the corporate offrccrs. (A separate
pngc may be attached if neccsnnry.)
Person- Jr Corp/Paic ADJ Holdinus, LLC
Title Anna P. de Jona Title- Membpr
Address 605 East Mission Road,Address Same San Marcos, Ca. 92069
a. .e. * 3. NON-PROFIT Or'QMWTION OR TRUST -
If any person identified pursuant to (1) or (2) above is or I mu, list the
names and addresses of person serving as an omcer or director of the non-profit
organization or a5 trustce.or beneficiary of the. '
Non Profinrust Non Profiflrust
Title Title
Address Address
4. Have you had more than S250 worth of business trPnrrctcd with any member of City staff, Boards, Commissions, Commimes~mdlor Cwncil~wit~n.Ihe past, twelve (12) months? 0 yes ISJ NO If yesi @ease indicrte.pmon(s):
NOTE: Attach Wiorwrl sheets if necessary.
Arie de Jong, Jr. Managing Member Arie de Jong, Jr. Managing Member
Print or type name of owner Rint or typemarneofrpplicrnt
H:ADMIN\COUNTER\MSCLOSVRE STATEMENT U(98 Page 2 of 2
February 13,2001
Lloyd Hubbs, City Engineer
City of Carlsbad
Engineering Department
1635 Faraday Ave.
Carlsbad, CA 92008
Jack
Subject: ddong Project - Request for Extension of Tentative Tract Map CT 98-05
Dear Lloyd:
The purpose of this letter is to request a tentative tract map extension for the above referenced tract map
for a period of one year, in accordance the provisions of Carlsbad Municipal Code section 20.12. I 10.
Enclosed you will find a check for the required extension fee of $1,900.00.
As you are aware, CT 98-05 was originally approved on April 7, 1999, and was to remain valid for 24
months, as per Planning Commission Resolution #I4506 and the Carlsbad Municipal Code. The project
also included a Hillside Development Permit and a Coastal Development Permit, both of which are set to
expire on April 7,2001. 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 and significant expenditures have been made
in this regard. The effort to complete the final engineering was significantly delayed while the Coastal
Commission processed the required LCPA and the City processed a stock pile permit for Poinsettia Lane.
The stockpile effort has been abandoned in favor of processing the final map and integrating Poinsettia
Lane into the project engineering effort.
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.
hcerely, /
cc: Bob Wojcik
Arie deJong
David Shibley
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F T
PJIANNING COMMISSION RESOLUTION NO. 4506
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 33.4 ACRES 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
CASE NO.: CT 98-05
APPROVAL OF CARLSBAD TRACT NUMBER CT 98-05 TO
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 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.
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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
COMMENDS APPROVAL of DE JONG RESIDENTIAL PROJECT, CT
98-05, based on the following findings and subject to the following conditions:
Findings:
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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, any
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 fbture 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-
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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 environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project is conditioned to include biological mitigation measures
addressing the preservation of the resources on the site prior to approval of a final
map.
That the discharge of waste from 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.
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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-
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The project is consistent with the City-Wide Facilities and Improvements Plan. the
applicable local facilities management plan, and all City public facility policies and
ordinances since:
a. The project has been conditioned to ensure that the final map will not be approved
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 building cannot occur
within 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. All 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 full 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-
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That the buildable portion of the lot consists of an area of 8,000 square feet, \vhich
meets the requirements of Section 2 1.1 O.OSO(d)( 1) of the Carlsbad Municipal Code;
That the fiont, sides, and rear property lines, for purposes of determining required yards.
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 Airport Roam1 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.
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 fiom this approval, shall require an amendment to this approval.
2. 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 indemniQ, 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, fiom (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.
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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.
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.. . nd Servlces
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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 serve the subdivision.
Building permits will not be issued for development of the subject property 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 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fidfill the developer’s/subdivider’s agreement 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.
.. a1 CondltlogS
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.
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14. The Developer shall establish a homeowner’s association and corresponding covenants.
conditions and restrictions. Said CC&k shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. &. 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. re of AsscsuWn to Ma.uUu~ Common Area Jdots and Easements. 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 perform 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 canied out by the Association within a period of thirty
(30) days fiom 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 fiom the Owners as provided herein.
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C. Assem J,evied by the &. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform 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
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hisher respective Lot for purposes of collecting such special assessment 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.
15. 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, notifylng 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.
16. 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.
17. 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.
LandscaDe ..
18. The Developer shall prepare a detailed landscape and irrigation plan in conformance 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 thriving 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-
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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 Developer shall
enter into an AfTordable Housing Agreement with the City to purchase 4.2 affordable
housing credits in the Villa Loma housing project, in accordance with the
requirements and process set forth in Chapter 2 1.85 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 owners and
successors in interest.
The Developer shall dedicate on the final map, an open space easement for those portions
of lots 29 and 30 which 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 ccAn-ccX”, dated March 17,1999.
Removal of native vegetation and development of’ Open Space Lot@) 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 fiom the Homeowners Association accompanied by a report fiom a qualified
arboridbotanist indicating the need to remove specified trees andor 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.
mtative ma& 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 ReaWalomar 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
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20 LFMP fee, the creation of a fee or assessment district; or incorporation into a
Mello-Roos taxing district.
Condltlons; ..
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 met
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, indemnim and hold harmless thr 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
within 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 corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Final Map
(and in the CC&Rs 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 corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
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.
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The owner shall execute a hold harmless agreement for geologic failure.
Prior to approval of any grading or building permits for this project, the owner shall gi\.e
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.
ursemweemeptS
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.
rev-
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.
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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 be
made by a certificate on the final map for this project. All land so offered shall be granted
to the City free and clear of all liens and encumbrances and without cost to the City.
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
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
stonn drain or stonn 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
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prepared to th le satisfaction of th le City Engineer. In accordance with City Standards. the
developer shall install, or agree to install and secure with appropriate security as provided
by law, improvements shown on the tentative map and the following improvements:
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 8;
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 InlpROVE-
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 fiom obstructing the pipe outfall all to the satisfaction of the City
Engineer. #
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Notes
5 1. Note(s) to the following effect(s) shall be placed on the final 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 damage that may occur
on, or adjacent to, this 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 hamless 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
panhandlehlag lot design for lots 27 & 28 of this subdivision due to its
construction, operation or maintenance.
78.D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches
above the street level may be placed or permitted to encroach within the
area identified as a sight distance corridor in accordance with City
Standard Public Street-Design Criteria, Section 8.B.3. The underlying
property owner shall maintain this condition.
1 Map Notes
52.
53.
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 M&icipal 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 21.90. 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 21.90 of the Carlsbad Municipal Code.”
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.”
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Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect 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 Candltlons: ..
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 Con- ..
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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.
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65.
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c
B. Prepare and submit a colored recycled water use area map and submit this map to the
Planning Department for processing and approval by the District Engineer.
C. Prior to the preparation of sewer, water and recycled water improvement plans, the
Developer shall submit preliminary system layouts to the District Engineer 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 water 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 fiom 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-
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ders ;
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The tentative map approval shall expire twenty-four (24) months from the date of
Planning Commission document approving this subdivision.
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
“feeslexactions.”
You have 90 days fiom date of final approval to protest imposition of these fees/exactions. 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 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.
...
...
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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. by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNEY E. HEMEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1"- \
MICHAEL J. ~LZM~LER
Planning Director
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P -
<
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 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
98-03 FOR THE GRADING AND SUBDIVISION OF A 33.4
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
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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:
1.
7 -.
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 .
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Condltlm:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Hillside Development Permit 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 fiom this approval, shall require an amendment to this approval.
..
2. 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, V 98-
04 and the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program.
3. This approval shall become null and void if building permits are not issued for this
project within 24 months fiom the date of project approval.
4. 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 fees/exactions. 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 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. 4507 -3-
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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, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HGLZMKLER
Planning Director
PC RES0 NO. 4507 -4-
Cribwall
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73
deJong Property Panhandle Lot Setback Exhibit NORTH +- 2 Scale: 1"=40' %
Jack Hmthom 61 Associates 5375 Awnidcr Encinar Suite D Chfs&d, CA 92008 PH: (760) 438-4090 FAX: (760) 438-0981 W
EXHIBIT "A"
JUNE 6,2001
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