HomeMy WebLinkAbout1995-06-20; City Council; 13200; Poinsettia Shores Area A-3C1I-v OF CARLSBAD - AGEFA BILL
POlNSElllA SHORES PLANNING AREA “A-3”
CT 94-06/PUD 94-05
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 95 - I& 9 APPROVING the Tentative Tract
Map and Planned Unit Development for Poinsettia Shores Planning Area “A-3” - CT 94-06/PUD
94-05.
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ITEM EXPLANATlON
On May 3, 1995, the Planning Commission conducted a public hearing and recommended
approval with a 6-l vote (Monroy) of a Tentative Tract Map and Planned Unit Development (CT
94-06/PUD 94-05) for a 52 lot subdivision consisting of one private street lot, one open space
lot and 50 5,000 square foot minimum sized lots to accommodate 50 detached single family
homes. The project site is within the 10.7 acre P-C (Planned Community) zoned parcel of
Planning Area “A-3” of the Poinsettia Shores Master Plan located north of the Batiquitos Lagoon,
east of the railroad right of way in Local Facilities Management Zone 9 as shown on the attached
Location Map. No persons other than the project applicant gave public testimony during the
Planning Commission public hearing. The site is subject to the development standards and
design guidelines of the Poinsettia Shores Master Plan and the Planned Development Ordinance
(Chapter 21.45 of the Carlsbad Municipal Code).
A “no” vote was cast at the Planning Commission hearing (Monroy) because he felt that the
General Plan does not clearly allow the provision of off-site affordable housing dwelling units to
satisfy a master plan’s inclusionary affordable requirement. The Planning Commission did
approve a minor master plan amendment (MP 175-F) on April 19, 1995 which set the stage for
the City Council to consider the applicant’s off-site affordable housing proposal and pending
Affordable Housing Agreement. As of the date of preparation of this agenda bill, a City Council
date had not been set to consider the Affordable Housing Agreement.
The proposed single family subdivision features contemporary roof tile and stucco architecture
with three floor plan types ranging in size from 2,341 square feet to 3,175 square feet with
building heights ranging from 25 to 28 l/2 feet. A 36 foot wide internal street system will serve
the project and allows for guest parking on both sides. Only finish grading will be required for
the site which is currently mass graded per the master tentative map approval for Poinsettia
Shores (CT 94-01).
The project complies with all applicable master plan and Planned Development Ordinance
development standards and design criieria. In addition, the project is not proposing gated
entrances in keeping with the Coastal Commission action of May 1994 which approved the
Poinsettia Shores Master Plan (MP 175-D) and corresponding Local Coastal Program
Amendment (LCPA 91-02). Gated entrances were prohibited by the Coastal Commission action
for planning areas A-3, A-4 and the existing Rosalena subdivision (area J) unless a Local Coastal
Program Amendment is processed and approved.
The proposed project provides required trail segments and is consistent with the West Batiquitos
LCP, the Local Facilities Management Plan for Zone 9, and the Poinsettia Shores Master Plan.
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ENVIRONMENTAL REVIEW
The environmental impacts created by the proposed project have been analyzed through
completion of an Environmental Impact Assessment (EIA). The EIA referenced the previous \
environmental review already conducted for the site. Previous environmental review for the site
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PAGE TWO OF AGEiVDA BILL NO - . +2oo
consists of two Mitigated Negative Declarations which were approved with the Poinsettia Shores
Master Plan (January 1994) and Tentative Tract Map (July 1994). The EIA concluded that: (1)
the required mitigations per the previous Mitigated Negative Declarations have been completed
(cultural resource monitoring during mass grading) or are designed into the project (noise policy
compliance); and, (2) the proposed project will not create additional environmental impacts
beyond those already assessed. Therefore, a Notice of Prior Compliance was issued and duly
noticed on March 27, 1995.
FISCAL IMPACTS
All public facilities required to serve the proposed project will be available prior to or concurrent
with development as mandated by the facilities plan and finance plan for Local Facilities
Management Zone 9. No negative fiscal impacts will be incurred by the City since the developer
is responsible for all costs of ensuring the availability and construction of all public facilities.
EXHIBITS
1: City Council Resolution No. 9 5 - I(oq
2. Location Map
3. Planning Commission Resolution Nos. 3769 and 3770
4. Planning Commission Staff Report, dated May 3, 1995
5. Draft Excerpts of Planning Commission Minutes, dated May 3, 1995.
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RESOLUTION NO. 95-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP AND PLANNED UNIT
DEVELOPMENT FOR A 52 LOT SUBDIVISION
CONSISTING OF ONE PRIVATE STREET LOT, ONE
OPEN SPACE LOT AND 50 RESIDENTIAL LOTS TO ACCOMMODATE 50 DETACHED SINGLE FAMILY
HOMES ON 5,000 SQUARE FOOT MINIMUM SIZED
LOTS WITHIN PLANNING AREA “A-3” OF THE
POINSETTIA SHORES MASTER PLAN LOCATED
NORTH OF BATIQUITOS LAGOON, IN THE COASTAL
ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA SHORES - AREA A-3
CASE NO.: CT 94-06/PUD 94-05
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on May 3, 1995, hold a duly noticed public hearing as prescribed by law
to consider a Tentative Tract Map and Planned Unit Development; and
WHEREAS, the City Council of the City of Carlsbad, on the 20th day of
JUNE , 1995, held a duly advertised public hearing to consider said Tentative Tract Map
and Planned Unit Development and at that time received the recommendations,
objections, protests, comments of all persons interested in or opposed to CT 94-06/PUD
94-05; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council APPROVES City Council Resolution No.
95-169 , and that the findings and conditions of the Planning Commission as set forth
in Planning Commission Resolution Nos. 3769 and 3770, on file in the Planning
Department and made a part hereof by reference are the findings and conditions of the
City Council, except as modified by No. 3 below.
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3. Planning Commission Resolution No. 3769, Condition No. 22 on page
8 shall read as follows: Prior to the approval of the final map for any phase of this Project,
the Developer shall enter into an Affordable Housing Agreement with the City to provide
and deed restrict 90 dwelling units as affordable to lower-income households for the useful
life of the dwelling units either in Planning Area D of the Master Plan (CT 94-10) or an
offkite location to the satisfaction of the City Council, in accordance with the requirements
and process set forth in Chapter 21.85 of the Carlsbad Municipal Code and the Poinsettia
Shores Master Plan. The recorded Affordable Housing Agreement shall be binding on all
future owners and successors in interest.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
COUNCIL of the City of Carlsbad, California, on the 20th day of JUNE 1995, by
the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
E A. LEWIS, Mayor
4TTEST:
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EXHBCT 2
BATIQUITOS LAGOON
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POINSETTIA SHORES
F?A. A-3--CT 94-06/PUD 94-05
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PLANNING COMMISSION RESOLUTION NO. 3769
A RESOLUTION OF THE P LANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP, CT 94-06, FOR A 52 LOT SUBDIVISION CONSISTING OF ONE PRIVATE STREET LOT, ONE
OPEN SPACE LOT AND 50 RESIDENTIAL LOTS TO
ACCOMMODATE 50 DETACHED SINGLE FAMILY
HOMES ON 5,000 SQUARE FOOT MINIMUM SIZED
LOTS, ON PROPERTY GENERALLY LOCATED NORTH
OF THE BATIQUITOS LAGOON WITHIN PLANNING
AREA “A-3” OF THE POINSETTIA SHORES MASTER
PLAN.
CASE NAME: POINSETTIA SHORES - AREA “A-3”
CASE NO: CT 94-06
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Tentative
Tract Map as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did on the 3rd day of May, 1995, hold a public hearing on property described
aS:
Lot 3 of Carlsbad Tract 94-01, in the City of Carlsbad, County
of San Diego, State of California, according to Map No. 13181,
filed in the office of the San Diego County Recorder.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to CT 94-06.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL, of Carlsbad Tract CI’ 94-06, based on the
following findings and subject to the following conditions: G
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Pindines:
General
1. The Planning Commission has reviewed the exactions imposed on the Developer
contained in this resolution, and hereby finds that the exactions are imposed to
mitigate impacts caused by or in reasonably related to the project, and the extent
and the degree of the exaction is in rough proportionality to the impact caused by
the project.
Tentative Mau
2.
3.
4.
5.
6.
7.
That the proposed map and the proposed design and improvement of the subdivision
as conditioned, is consistent with and satisfies all requirements of the General Plan,
the Poinsettia Shores Master Plan, 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 ail required public improvements will be provided, ail necessary
facilities and services will be available, and all applicable City standards will be
applied and enforced to promote public health, safety and welfare.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General
Plan, in that the subject planning area and surrounding planning areas are
designated for Residential-Medium (RM) development which allows 4-8 dwelling
units per acre. Planning Area “A-3” proposes an allowable density of 4.7 du/ac.
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 all applicable City and Master Plan standards and design
guidelines are accommodated by the subject planning area site and proposed project.
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 the Master Pian and buildout of individual planning areas has been designed
and structured so that no conflicts with any easements will occur.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act), in that no such contract pertains to or
exists for the subject master plan property or planning area site.
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 primary
building orientation and placement, in combination with the proposed variety of
floor plan types and dominant wind/solar radiation patterns, will allow utiiization
of natural heating and cooling opportunities.
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8. 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, in that the project complies with ail applicable facilities and
financing plans to assure the balance of housing needs in the region against public
services availability without impacting environmental resources.
9. 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 previous environmental analysis and review
associated with the Master Plan and master tentative map have documented the lack
of any significant impacts to fish, wildlife or their respective habitats created by the
buiidout of the Master Plan.
10. 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
drainage requirements of the Master Plan at buiidout have been considered and
appropriate drainage facilities have been designed and secured. In addition to City
Engineering standards and compliance with the City’s Master Drainage Plan,
National Pollutant Discharge Elimination System (NPDES) standards will be
satisfied to prevent any discharge violations.
Growth Manwement
11. 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.
Statutory School fees will be paid, or the obligations of the existing Schools
Agreement will be satisfied, to ensure the availability of school facilities in the
Carlsbad Unified School District. The Carlsbad Unified School’District and
the project applicant, Kaiza Poinsettia Corporation, have signed a School
Facilities Funding and Mitigation Agreement dated August 29, 1994, stating
that school facilities will be available to this project.
4 All necessary public improvements have been provided or are required as
conditions of approval.
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12.
13.
4 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.
e) Park in lieu fees have already been provided, allowing the approval and
development of this planning area.
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 9.
Landscauing
14. That the project is consistent with the City’s Landscape Manual, adopted by the City
Council by incorporation by reference in Carlsbad Municipal Code Section 1428.020.
Local Coastal Proaram Consistency
15. That the proposed project is consistent with ail applicable policies of the West
Batiquitos segment of Carisbad’s Local Coastal Program in that the proposed land
use, density and detached single family product type is consistent with LCP land use
designations for the subject planning area.
Environmental
18. The Planning Commission finds that:
al the project is a Residential Project consistent with a Community Plan (the
Poinsettia Shores Master Plan) as described in Section 15183 of the CEQA
Guidelines;
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the Project is consistent with the Poinsettia Shores Master Plan;
there were Mitigated Negative Declarations approved in connection with the
prior approval of the Poinsettia Shores Master Plan;
the Project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declarations prepared for MP
175(D) and CT 94-01 as noticed on August 12, 1993 and May 9, 1994,
respectively; and
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e) none of the circumstances requiring Subsequent or Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist.
19. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the Mitigated Negative Declarations which are appropriate
to this Subsequent Project have been incorporated into this Subsequent Project.
Planning Conditions:
Apurovai
1.
2.
The Planning Commission does hereby recommend approval of the Tentative Tract
Map for the Poinsettia Shores Project entitled “Planning Area A-3”, dated May 3,
1995, (Exhibits “A” - “O”, dated May 3,1995, incorporated by this reference), subject
to the conditions herein set forth. Staff is authorized and directed to make or
require the Developer to make all corrections and modifications to the project’s
exhibits and/or documents, as necessary to make them internally consistent and
conform to City Council’s final action on the project. Development shall occur
substantially as shown on the approved exhibits. The tentative map exhibits are
intended to be the basis for substantial conformance with regards to the designation
of specific floor plan types per lots. Any proposed development substantially
different from this approval, shall require an amendment to this approval.
Architectural amendments may be processed according to the architectural
amendment process outlined in the Master Plan (p. 75).
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 Subdivision Map.
3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
Maus and Exhibits
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Tentative Map as approved by the Planning Commission. 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.
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5. The Developer shall provide the Planning Director with a 500’ scale mylar of the
subdivision prior to the recordation of the final map. Said map shall show all lots
and streets within and adjacent to the Project.
6. The Developer shall include, as part of the plans submitted for any permit plan
check, a reduced, legible version of the approving resolutions on a 24” x 36” blueline
drawing. Said blueline drawings shall also include a copy of any applicable Coastal Development Permit and signed approved site plan.
Facilities & Services
7. 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.
8. 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.
9. 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 21.90 of the
Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s
agreement to pay the public facilities fee dated December 9, 1994, 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.
10. This Project shall comply with all conditions and mitigation measures which are
required as part of the Zone 9 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits, including,
but not limited to the Zone 9 LFMP Amendment (LFMP 87-09(A)) that was related
to the approval of the Poinsettia Shores Master Plan and the Zone 9 Finance Plan
as approved on September 6,1994.
General Conditions
11. 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.
12. Approval of CI 94-06 is granted subject to the approval of PUD 94-05.
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13. The Developer shall establish a homeowner’s association and corresponding
covenants, conditions and restrictions. Said CC&Rs shall be submitted to and
approved by the Planning Director prior to final map approval. The CC&Rs shall,
incorporate the following items:
(4
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(D)
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G)
No private development shall be permitted within open space areas, easement
areas or recreational areas.
Ail open space and landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
A provision stating the City’s right but not obligation to enforce the CC&Rs.
Any amendments to the CC&Rs shall be subject to the review and approval
of the Planning Director and City Attorney.
Guest parking only is allowed on both sides of the 36 foot wide private street.
Maintenance and iiabiiity of ail recreation areas, common areas including
trail segment; and common faciiities including drainage facilities and devices.
The provisions required by Condition Nos. 32, 33, 49 and 50 of this
resolution.
Suecific Onsite Conditions
14. An exterior lighting plan including parking areas shall be submitted for Planning
Director approval prior to the approval of the final map. All lighting shall be
designed to reflect downward and avoid any impacts on adjacent homes or property.
15. Prior to occupancy of the dwelling units within the subject planning area, the master
plan recreation center (Area “M”) and recreational vehicle storage area (Area “E”)
shall be completed subject to the provisions contained in Condition #14 of Planning
Commission Resolution Number 3747 for SDP 94-03.
Landscaue
16. The Developer shall prepare a detailed landscape and irrigation plan in conformance
with the approved Preliminary Landscape Plans (Exhibits “L” - “0” dated May 3,
1995), the landscape guidelines of the Poinsettia Shores Master 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.
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17. The first submittal of detailed landscape and irrigation plans shall be accompanied
by the project’s building, improvement, and grading plans.
Signs and Identification
18. Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
Miscellaneous Pianniw Conditions
19. The Developer shall display a current Zoning and Land Use Map in the sales office
at all times, or suitable alternative to the satisfaction of the Planning Director.
20. All sales maps that are distributed or made available to the public shall include but
not be limited to trails, future and existing schools, parks, and streets.
Outside Agencv Permits
21. Prior to approval of the final map for CT 94-06, the Developer shall receive approval
of a Coastal Development Permit that substantially conforms to this approval. A
signed copy of the Coastal Development Permit must be submitted to the Planning
Director. If the approval is substantially different, an amendment to Tentative Tract
Map CT 94-06 shall be required.
Affordable Housing
22. Prior to the approval of the final map for any phase of this Project, the Developer
shall enter into an Affordable Housing Agreement with the City to provide and deed
restrict 90 dwelling units as affordable to lower-income households for the useful life
of the dwelling units either in Planning Area D of the Master Plan (CT 94-10) or an
offsite location to the satisfaction of the Community Development Director, in
accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code and the Poinsettia Shores Master Plan. The recorded
Affordable Housing Agreement shall be binding on all future owners and successors
in interest.
Open Snace and Trails ’
23. Prior to approval of the final map, the Developer shall dedicate as permanent open
space for pedestrian access purposes a trail easement for trails shown on the
Tentative Map within Open Space Lots 9 and 51 in conformance with Exhibits “C” - “E” and “L” I “0” and the Poinsettia Shores Trails System as described in the
Poinsettia Shores Master Plan pages 24-33. Trail maintenance and liability
provisions are outlined on the project’s landscape exhibit cover sheet, Exhibit ‘IL”.
24. Per the master plan, occupancy of residential units will be granted only after the
adjacent trail segment (within Area “A-3”) is constructed and landscaped to the
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24. Per the master plan, occupancy of residential units will be granted only after the
adjacent trail segment (within Area “A-3”) is constructed and landscaped to the
satisfaction of the Planning Director. The project’s landscape exhibits are intended
to be the basis for substantial conformance with regards to the pedestrian trail
location and alignment.
25. All open space areas, slopes, trail segments and landscaped areas shall be
maintained, and liability assigned, as outlined on the Landscape Exhibits (“L” - “0”)
dated May 3, 1995.
Ewineerine Conditions:
26.
27.
28.
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30.
31.
32.
33.
This project is located within the West Batiquitos Lagoon Local Coastal Program.
All development design shall comply with the requirements of that plan.
Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
The applicant shall comply with all the rules, regulations and design requirements of
the respective sewer and water agencies regarding services to the project.
The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
There shall be one final subdivision map for this project.
The applicant shall provide an acceptable means for maintaining the private
easements within the subdivision and all the private: streets, sidewalks, street lights,
storm drain facilities and sewer facilities located therein and to distribute the costs
of such maintenance in an equitable manner among the owners of the properties
within the subdivision. Adequate provision for such maintenance shall be included
with the CC&Rs subject to the approval of the City Engineer prior to approval of the
final map.
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&&s.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An extension may be
requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
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The applicant 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 approval of the final map, the owner of the subject property shall execute
an agreement holding the City harmless regarding drainage across the adjacent
property.
No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the applicant is
unable to obtain the grading or slope easement, the tentative map shall either be
amended or the plans shall be modified so grading will not occur outside the project
site in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
Rain gutters must be provided to convey roof drainage to an approved drainage
course or street to the satisfaction of the City Engineer.
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.
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. 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.
Prior to issuance of building permits, the applicant shall underground all existing
overhead utilities within the subdivision boundary. Phasing of the undergrounding
in accordance with construction phasing may be done with the approval of the City
Engineer and the Planning Director.
Direct access rights for all lots abutting Avenida Encinas shall be waived on the final
map.
The applicant shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
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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 prior to approval of the final map, issuance of grading or building permit, whichever occurs first.
Prior to approval of the final map, the design of all private streets and drainage
systems shall be approved by the City Engineer. The structural section of all private
streets shall conform to City of Carlsbad Standards based on R-value tests. All
private streets and drainage systems shall be inspected by the City. The standard
improvement plan check and inspection fees shall be paid prior to approval of the
final map for this project.
The improvement plans for the above private streets system shall include the public
street access on Avenida Encinas, Street “M”, and the following, all to the
satisfaction of the City Engineer:
k Remove median and replace with pavement in the public portion of Windrose
Circle between Navigator Circle and the private street entrance to this
project.
B. Restripe the above portion of Windrose Circle.
Prior to occupancy of any unit within this project, the public improvements of
Avenida Encinas shown on D-337-9 shall be completed to the satisfaction of the City
Engineer.
Street “M” at Avenida Encinas shall be gated or otherwise restricted to the
satisfaction of the City Engineer and Pire Marshal, to allow egress and emergency
access only.
Prior to final map approval the design and functional operation of the gate in Street
“M” shall be approved by the City Engineer. The City shall have the right but not
the obligation to enforce restriction via Street “M”. Wording to this effect shall be
approved City Engineer and placed in the project CC&Rs. A note to this effect shall
be placed on the final map.
Prior to approval of the final map the applicant shall enter into a secured Basin
Maintenance Agreement for the existing basin adjacent to and west of the Rosaiena
development. The applicant shall maintain the basin, to the satisfaction of the City
Engineer, until all construction in the Master Plan area contributing drainage to the
basin is completed. The Basin Maintenance Agreement shall then turn over the
maintenance obligation to the Master Homeowners Association. Notification of this
obligation shall be included in the Master Homeowners Association CC&Rs.
Fire Conditions:
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Prior to the issuance of building permits, complete building plans shall be submitted
to and approved by the Fire Department.
Additional onsite public hydrants may be required.
Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing hydrants.
Applicant shall submit a site plan to the Fire Department for approval of access,
driveways and general traffic circulation.
An all-weather access road shall serve the project during construction.
All required fire hydrants, water mains and appurtenances shall be operational prior
to combustible building materials being located on the project site.
Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the project shall be submitted
to the Fire Department for approval prior to construction.
Prior to submittal of water improvement plans, the applicant shall submit to the Fire
Department a map, showing the street network, conforming to the following criteria:
* 400' scale * Photo reduction on mylar
l At least two existing streets and/or intersections shall be referenced on the map (not
a separate vicinity map) * Maps shall include the following information:
Street centerlines
Street names
Fire hydrant locations.
Carlsbad MuniciDal Water District Conditions:
58. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands can
be met.
59. The developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of building permit. The San Diego
County Water Authority capacity charge which will be collected at issuance of
application for meter installation.
60. This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the water district serving the
development determines that adequate water service and sewer facilities are available
at the time of application for such water service and sewer permits will continue to
be available until time of occupancy. This note shall be placed on the final map.
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61. The developer shall adhere to all conditions as set forth in the Water District’s
approved potable water, sewer and reclaimed systems analysis dated March 21,1994.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
62. The Developer shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
Final Man Notes
63. 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.”
64. The following note shall be placed on the Final Map. “Improvements designated on
the improvement plans for this subdivision are private and are to be privately
maintained.”
Imurovement Plan Notes
65. A note shall be placed on the improvement plans stating which utilities are public
and which are private.
General
66. 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 provide herein.
67. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
68. 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.
Landscane
69. 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.
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Ewineering
70. 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. Prior to approval of
the final map, the applicant must submit and receive approval for grading plans in
accordance with City codes and standards.
71. The developer shall exercise special care during the construction phase. of this project
to prevent offkite siltation. Planting and erosion control shall be provided in
accordance with the Carlsbad Municipal Code and the City Engineer.
I PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, held on the 3rd day of May, 1995, by the
1 following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin, Nielsen,
Noble and Savary
~ NOES: Commissioner Monroy
ABSENT:
ABSTAIN:
CARLSBAD PLAkING-COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 3770
A RESOLUTION OF THE PLANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A PLANNED UNIT
DEVELOPMENT PERMIT, PUD 94-05, FOR A 52 LOT
SUBDIVISION CONSISTING OF ONE PRIVATE STREET
LOT, ONE OPEN SPACE LOT AND 50 RESIDENTIAL
LOTS TO ACCOMMODATE 50 DETACHED SINGLE
FAMILY HOMES ON 5,000 SQUARE FOOT MINIMUM
SIZED LOTS, ON PROPERTY GENERALLY LOCATED
NORTH OF THE BATIQUITOS LAGOON WITHIN
PLANNING AREA “A-3” OF THE POINSEJTIA SHORES
MASTER PLAN
CASE NAME: POINSETT’IA SHORES - AREA “A-3”
CASE NO: PUD 94-05
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did on the 3rd day of May, 1995, hold a public hearing on property described
aS:
Lot 3 of Carlsbad Tract 94-01, in the City of Carlsbad, County of San
Diego, State of California, according to Map No. 13181 filed in the
office of the San Diego County Recorder.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to PUD 94-05.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of Planned Unit Development Permit,
PUD 94-05, based on the following findings and subject to the following conditions:
FindinPs:
1.
2.
That the granting of this permit will not adversely affect and will be consistent with
Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans,
and all adopted plans of the City and other governmental agencies, in that the
proposed project implements the approved Poinsettia Shores Master Plan, is
consistent with the provisions, standards and design criteria of the Planned
Development Ordinance (Chapter 21.45 of the Municipal Code), the Zone 9 Local
Facilities Management Plan documents including the Zone 9 Finance Plan, and the
West Batiquitos Local Coastal Program as certified by the Coastal Commission.
That the proposed use at the particular location is necessary and desirable to provide
a service or facility which will contribute to the long-term general well-being of the
neighborhood and the community, in that buildout of the Master Plan will contribute
to the long term general welfare of the area by providing development consistent with
the City’s General Plan. The project represents a diversiiled element of the
Poinsettia Shores community. The location for this use is reflected in the existing
General Plan and Master Plan for the site, which was amended and approved by
appropriate action of the City Council in 1994 at duly noticed public hearings. The
Plan is divided into residential planning areas and open space areas. This Planned
Unit Development Permit for Planning Area “A-3” accurately and properly
implements the approved Master Plan.
3. That such use will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity, or injurious to property or improvements
in the vicinity, since the project is partial buildout of a comprehensive master plan
which wlii provide major infrastructure and public improvements that will enhance
the general welfare of the City. In addition, the project is designed to function to all
applicable City standards and will be consistent with the City’s General Plan.
4. That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090, the design criteria set forth in Section
21.45.080, and has been designed in accordance with the concepts contained in the
Design Guidelines Manual, in that no deviations or modifications from the
development standards of Chapter 21.45 are involved and ail design criteria have
been satisfied including: (a) a functional relationship between structures,
landscaping and open space areas; (b) the provision of adequate usable open space,
street systems, recreational opportunities and adequate resident and guest parking
spaces; (c) compatibility with existing and future permitted land uses while not
creating a disruptive element to the community; (d) the provision of an internal
street system that does not dominate the project’s design or conflict with any
recreational areas, trail areas, parking locations or other common areas of the
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project; (e) the provision of adequate recreation facilities; and (f) structures that will
promote architectural harmony.
That the proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on
the site, in that the site of the subject planning area has been recently mass graded
so that no significant natural resources or sensitive topographic considerations are
involved.
That the proposed project’s design and density of the developed portion of the site
is compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood, in that all applicable provisions are
complied with so that no disruptive elements will be created by the buildout of the
Master Plan.
That the project’s circulation system is designed to be efficient and well integrated
with the project and does not dominate the project, in that the propos$ circulation
system meets all standards while not dominating the project or adversely impacting
any of the project’s features or amenities.
Pianniw Conditions:
1.
2.
. . . .
. . . .
. . . .
. . . .
. . . .
The Planning Commission does hereby recommend approval of the Planned Unit
Development Permit for the Poinsettia Shores Project entitled “Planning Area A-3”,
dated May 3, 1995, (Exhibits “A” - “O”, dated May 3, 1995, incorporated by this
reference), subject to the conditions herein set forth. Staff is authorized and directed
to make or require the Developer to make all corrections and modifications to the
project’s exhibits and/or documents, as necessary to make them internally consistent
and conform to City Council’s final action on the Project. Development shall occur
substantially as shown on the approved exhibits. Any proposed development
substantially different from this approval, sh-all require an amendment to this
approval.
Approval of PUD 94-05 is granted subject to the approval of CT 94-06. PUD 94-05
is subject to all conditions contained in Planning Commission Resolution No. 3769
for the Tentative Tract Map, CT 94-06.
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C
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, held on the 3rd day of May, 1995, by the
following vote, to wit:
ATTEST:
AYES: Chairperson Welshons, Commissioners Compas, Erwin, Nielsen,
Noble and Savary
NOES: Commissioner Monroy
ABSENT:
ABSTAIN:
CARLSBAD PLANNIN G COMMISSION
//
w Planning Director
PC RESONO.3770
-.
APPLICATIOh LOMPLETE DATE:
DATE:
TO:
FROM:
SUBJECT:
MAY 3, 1995
PLANNING COMMISSION
PLANNING DEPARTMENT
CT 94-06/PUD 9405 - POINSE’ITIA SHORES PLANNING AREA “A-3” - A request
for a recommendation of approval of a Tentative Tract Map and Planned
Unit Development for a 52 lot subdivision consisting of one private street lot,
one open space lot and 50 residential lots to accommodate 50 single family
detached homes on 5,000 square foot minimum sized lots within the 10.7 acre
P-C (Planned Community) zoned parcel of Planning Area “A-3” in the
Poinsettia Shores Master Plan located north of the Batiquitos Lagoon and
east of the railroad right of way, in the Coastal Zone, within Local Facilities
Management Zone 9.
I. RECOMMENDATION
DECEMBER 22. 1994
STAFF PLANNER: ERIC MUNOZ
STAFF ENGINEER: JIM DAVIS
STAFF REPORT 0 2
That the Planning Commission ADOPT Planning Commission Resolution Nos. 3769 and
3770, RECOMMENDING APPROVAL of CT 94-06 and PUD 94-05, respectively, based on
the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This project is proposing a Tentative Tract Map and Planned Unit Development to develop
Planning Area “A-3” in conformance with the Poinsettia Shores Master Plan with 50
detached single family homes. A Tentative Tract Map is required per the Subdivision Map
Act to subdivide the property into 5,000 square foot minimum sized lots. A Planned Unit
Development Permit (PUD) is required since the project addresses several components of
the intent and purpose of the Planned Development Ordinance as listed in Section 21.45.010
of the Zoning Ordinance. Specifically involved are: separate ownership of planned unit
development lots, development in accordance with the General Plan and applicable master
plan, the allowance of flexibility in project design while providing for essential development
standards and the provision of development which will be compatible with existing and
permitted future surrounding developments. Accordingly, the project proposal includes
subdivision into less than 7,500 square foot lots and the use of private streets.
C. -
CT 94-06/PuD 94-05
POINSETTIA SHORES PMNNIN G AREA “A-3”
MAY 3,1995
PAGE 2
The site has a General Plan land use designation of RM (Residential-Medium). Per the
Master Plan and RM designation, Area “A-3” is allowed a density range of 4-8 dwelling units
per acre (du/ac). The development of 50 units on 10.7 acres of land with the proposed
density of 4.7 du/ac, therefore, is consistent with the Master Plan.
The site itself is essentially flat and has no unique topographic features or significant
environmental resources. North of the site is the Avenida Encinas roadway. East and south
of the site is the vacant land of Areas “A-2” and “A-4”, respectively. West of the site is the
railroad right of way.
The master tentative map for Poinsettia Shores (CT 94-01) approved in August 1994 allowed
the mass grading of the master plan property, the construction of the Avenida Encinas
roadway and related infrastructure to allow the development of individual planning areas.
Only finish grading is required to the mass graded site for the development of Area “A-3”.
The project’s finish grading involves 4,300 cubic yards (CY) of cut, 13,500 CY of fill with
9,200 CY of import.
The location of Planning Area “A-3” within the Master Plan is depicted on the attached
Location Map. The detached single family homes will feature three floor plan types as
shown on Exhibits “F” - “II”: Plan type A has approximately 2,341 square feet (proposed
height 25 feet); Plan type B has 2,911 square feet (proposed height 27 feet), and; Plan type
C has 3,175 square feet (proposed height 28% feet). Elevations are depicted on Exhibits “ ‘1 I - “K”. No plan type exceeds two stories. The proposed architecture is contemporary
with roof tile, stucco accented with wood trim and a variety of roof planes and articulation.
Every unit provides more than the minimum area requirement for a two car garage.
An internal 36 foot wide private street will serve the project with guest parking allowed on
each side. The overall site plan for the project is depicted on Exhibits “C” - “E”. The
project is designed to meet the City’s Noise Policy that applies to new residential
development (over 5 units) within the City. Noise barrier wall heights and details
(consistent with the project’s noise study dated July 1, 1994) are shown on Exhibits “C”, “D”,
“I” and “N”. A pedestrian access gate is located at the terminus of Street “5” through the
noise wall adjacent to the railroad right of way to provide public access to the public trail
segment within “A-3” (Exhibits ‘ID”, “N” and “0”).
The project will take access from Windrose Circle via a private street. Gated entries are not
proposed since the Coastal Commission approval of the Poinsettia Shores Master Plan and
corresponding Local Coastal Program Amendment in May 1994 prohibited gated entrances
into Planning Areas “A-3” and “A-4”. The intent was to maximize the public access
opportunities to the public lagoon blufftop trail system. The trail segments required for “A-
3” consistent with the Master Plan are shown on Exhibits “C” - “D” and “I” - “N”. Unlike
other trail segments in the Master Plan, the trail segment adjacent to the railroad right of
CT 94WPUD 94-05
POINSETTIA SHORES P IANNING AREA “A-3” MAY 3,199s PAGE 3
way and blufftop areas of “A-3” and “A-4” are coastal resource pedestrian trails specifically
intended for use by the general public, in addition to master plan residents. The trail
segment shown for the east portion of “A-3” adjacent to Planning Area “A-2” is a private
pedestrian trail intended for exclusive use by the master plan residents.
Signage is proposed for the subject planning area near the project entrance in the form of
a Village Identity Sign and a Community Entry Monumentation Sign (to identify the
Poinsettia Shores Master Plan/community) both of which meet pertinent Master Plan criteria
(Exhibits “L”, “M” and “0”). The proposed landscape concept (Exhibits “L” - “0”) is
designed to screen the development along the perimeters; and to promote land use
compatibility with adjacent future planning areas.
III. ANALYSIS
The proposed project is subject to the following land use plans and regulations:
A. Carlsbad General Plan
B. Poinsettia Shores Master Plan - MP 175(D)
C. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance)
D. Carlsbad Municipal Code, Title 21 (Zoning Ordinance), including:
1. Chapter 21.45 Planned Development
2. Chapter 21.85 Inclusionary Housing
3. Chapter 21.90 Growth Management
E. West Batiquitos Local Coastal Program (LCP)
A. GENERAL PLAN
The approval of the Poinsettia Shores Master Plan involved several findings of consistency
with the City’s General Plan. All development consistent with the master plan is therefore
inherently consistent with the General Plan. By providing a product type at or below the
approved density for the subject plamring area, the master plan’s implementation maintains
consistency with the General Plan.
By supplying residential market rate units per the master plan, the project is consistent with
the Land Use and Housing Elements of the General Plan. The master plan was not
CT 94-06/PuD 94-05
POINSETTIA SHORES PLANN-IN G AREA “A-3”
MAY 3, 1995
PAGE 4
required to provide any additional open space beyond natural open space areas previously
dedicated by the master plan property. Since natural open space dedications are not
required of this planning area, this project is consistent with the Open Space Element of the
General Plan. By conducting a noise study and designing the project to comply with the
City’s noise policy for new residential development, the project is consistent with the Noise
Element of the General Plan.
B. POINSETTIA SHORES MASTER PLAN - MP 175(D)
The proposal for Area “A-3” is in conformance with the governing master plan. The master
plan allows up to 51 single family dwelling units to be constructed on 5,000 square feet
minimum sized lots (50 dwelling units are proposed). The master plan provides certain
development standards and design criteria which are complied with and summarized as
follows: (1) a minimum average setback of 25 feet for all homes within the planning area
from Avenida En&as is maintained (an average setback of 29 feet is proposed); (2)
minimum lot size is 5,000 square feet; (3) no structures will exceed the 30 feet/two story
height limit associated with this planning area; (4) the proposed architecture is consistent
tith the City’s Small Lot Architectural Guidelines with regards to roof line articulation and
integration of single story elements. In addition, the Master Plan refers to the PD
Ordinance (since a Planned Unit Development Permit is involved). Compliance with the
PD Ordinance development standards is discussed in Section D.1 of this report.
All other aspects of the master plan pertinent to Area “A-3” are complied with by the
proposed project including the provision of a trail segment, noise policy compliance,
adequate and appropriate landscaping and the provision of private passive and active
recreation areas.
C. CARLSBAD MUNICIPAL CODE - TITLE 20
Since land subdivision into 5,000 square foot minimum sized lots consistent with the Master
Plan is proposed, this project must comply with the Subdivision Map Act and the City’s
Subdivision Ordinance (Title 20). As reviewed and conditioned by the Engineering
Department, the proposed project meets all applicable requirements relating to subdivisions
in the City. No serious public health problems will be created by the proposed subdivision.
All necessary public facilities and infrastructure improvements, including circulation,
drainage, sewer, water and utilities have either already been provided through the master
tentative map (CT 94-01) or are conditions of approval for this project. All required
findings per the Subdivision Map Act and the City’s Title 20 are contained in ‘Planning
Commission Resolution No. 3769 for CT 94-06.
CT 94-06/PUD 94-05
POINSETTIA SHORES PLMININ G AREA “A-3”
MAY 3, 1995
PAGE 5
D. CARLSBAD MUNICIPAL CODE - TITLE 21
D.l. Chanter 21.45 Planned Development
In addition to the specific development standards established by the Poinsettia Shores
Master Plan (as discussed above) the Planned Development (PD) Ordinance is designated
as the implementing ordinance for Planning Area “A-3”. All of the required findings for the
granting of a Planned Unit Development Permit (governed by the PD Ordinance) are
contained in Planning Commission Resolution No. 3770 for PUD 94-05. Below is an
overview of the PD standards compared against the proposed project.
PLANNED DEVELOPMENT ORDINANCE COMPLIANCE
I REQuIRED/ALL.OWED I PROPOSED
Density I 4-8 DU/AC - 51 units I 4.7 DU/AC - 50 units
Lot Size I S,OOO square foot minimum 5,300 sq fi miu/6,866 sq ft
average/14,060 sq ft maximum
Front Yard Setback I 20’ minimum from back of sidewalk 20’ minimum from back of
off private streets sidewalk off private streets
Building Separation I
10’ min. w/allowable protrusions up 10’ mi413.5’ Avg. w/allowable
to 2’ each unit protrusions up to 2’ each unit
Building Height 30 max/2 stories 25,27 and 28.5’ for three different
plan types/2 stories max
Private Street Width
30’ - no parking on street
32’ - parking on one side
36’ - parking on both sides
36’ internal private street system
with parking allowed on both sides
for visitors
Parking
Resident
Guest
100 covered spaces
15 spaces
150 covered spaces (garages)
64 on-street spaces
RV Storage 1 Provided for w/PA “E”-SDP 94-03 1 Provided for w/PA “E”-SDP 94-03
Storage Space I Satisfied by 2 car garage space Satisfied by 2 car min. garage
space
Recreation Space
Common Active
Private Passive
Provided for w/PA “M”-SDP 94-03 Provided for w/PA “M”-SDP 94-03
PA ‘M” plus private rear yard passive PA “M” plus 15 x 15’ min (225 sq
areas, 15 x 15’ minimum ft) private passive areas
The project also is consistent with the design criteria outlined in the PD Ordinance.
Findings relating to the project’s conformance to these design criteria are contained in
CT 94-06/PUD 94-05
POINSETTIA SHORES PLANNIN G AREA “A-3”
MAY 3, 1995
PAGE 6
Planning Commission Resolution No. 3770 for PUD 94-05. In summary, the plan is
comprehensive and innovative in that it accounts for the location, constraints (noise) and
shape of the site. Adequate usable open space and recreation areas are provided. Buildings
are well integrated and the provision for required parking areas and vehicular and
pedestrian circulation is made. Being a part of an approved master plan, there will be no
disruptive elements introduced into the community by the proposed project.
The internal street system is functional while not dominating the site and all common areas
are accessible to the future residents and well related to each other. Finally, architectural
harmony will be obtained within the area through appropriate building height limitations,
perimeter screening/buffering and proper planning of adjacent planning areas.
D.2. Chanter 21.85 Inclusionarv Housing
This project’s inclusionary affordable housing requirement is satisfied by the approval and
development of Planning Area “D” within the Master Plan (Cl? 94-lO/CP 94-03/SDP 94-08)
or the approval of an off-site Affordable Housing Agreement. Either case will result in the
provision of 90 affordable housing units, consistent with the Master Plan. A detailed
summary of master plan affordable housing provisions is contained in the staff report for
Area “D” (CT 94-10). While no units in the subject subdivision are required to be restricted
as affordable housing units, the project will be conditioned so that no final map approval
will be granted until the on-site project for Area “D” (Cl? 94-10) receives final map
approval; or an off-site Affordable Housing Agreement is approved by the Planning Director
and Community Development Director.
D.3. Chanter 21.90 Growth Management
The proposed project is located within Local Facilities Management Plan Zone 9 in the
Southwest Quadrant. The impacts created by the development on public facilities and
compliance with the adopted performance standards are summarized as follows:
FACILITY IMPACTS
City Administration 185 square feet
Library 99 square feet
Waste Water Treatment 50 EDU
COMPLJANCE
Yes
Yes
Yes
Parks
Drainage
N/A
N/A
Yes
Yes
Circulation
Fire
500 ADT
Station No. 4
Yes
Yes
CT 94-06/PuD 94-05
POINSETTIA SHORES P LANNING AREA “A-3”
MAY 3,199s
PAGE 7
II FACILITY I IMPACTS
Open Space N/A
Schools CUSD
Sewer Collection Svstem 50 EDU
II Water I 11,000 GPD
COMPLIANCE II
Yes
The project is 14 dwelling units below the Growth Management Growth Control Point.
Required facilities and services will be available to serve the buildout of the master plan
including the development of the proposed project. All required Growth Management
findings are contained in Planning Commission Resolution No. 3769 for CI’ 94-06.
E. WEST BATIQUITOS LCP
The approval of the Poinsettia Shores Master Plan in January 1994 included a Local Coastal
Program (LCP) Amendment (LCPA 91-02) for the West Batiquitos LCP which was
approved by the California Coastal Commission on May 12, 1994. Coastal Commission’s
certification of LCPA 91-02 established the Poinsettia Shores Master Plan as the
implementing ordinance/document for the West Batiquitos LCP. All development consistent
with the master plan, such as the proposal for this planning area, is therefore in
conformance with the West Batiquitos LCP and all applicable coastal regulations. A Coastal
Development Permit will be required prior to final map approval.
ENVIRONMENTAL REVIEW
As discussed in the Initial Study for this project (Environmental Impact Assessment Form,
Part II), all potential environmental impacts associated with the development of this
planning area have already been identified and mitigated to a level of insignificance.
Environmental analysis and documentation for the master plan and subsequent planning
areas was conducted for the Poinsettia Shores Master Plan (MP 175(D)) and the master
tentative map (CT’ 94-01) resulting in the issuance and approval of Mitigated Negative
Declarations. Since all applicable mitigation measures have either been completed or
designed into the project (i.e. noise attenuation/noise policy compliance and
archeological/paleontological monitoring during the site’s mass grading), no environmental
impacts will result from the proposed development of this planning area. Therefore, a
Notice of Prior Compliance was issued and duly noticed on March 27, 1995.
3”
CT 94-06/PuD 94-05
POINSETTIA SHORES PLANNIN G AREA “A-3”
MAY 3, 1995
PAGE 8
V. SUMMARY AND RECOMMENDATION
The proposed project is in compliance with the Carlsbad General Plan, Poinsettia Shores
Master Plan, West Batiquitos LCP and Carlsbad Municipal Code, Titles 20 and 21 as
described in this report. Therefore, staff recommends approval of CT 94-06 and PUD 94-
05, based on the findings and subject to the conditions contained within their respective
resolutions.
A’ITACHMENTS
1.
2.
3.
4.
5.
6.
7.
8i
9.
10.
Planning Commission Resolution No. 3769
Planning Commission Resolution No. 3770
Location Map
Environmental Impact Assessment Form, Part II dated March 22, 1995
Notice of Prior Compliance dated March 27, 1995
Background Data Sheet
Disclosure Form
Local Facilities Impact Assessment Form
Reduced Exhibits “A” - “0”
Mbits “A” - “O”, dated May 3, 1995.
4
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 94-O6/PUD 94-05 and CT 94-07/PUD 9446
DATE: March 22. 1995
BACKGROUND
1. CASE NAME: Poinsettia Shores - Plannine Areas A-3 and A4
2. APPLICANT: Kaiza Poinsettia Cornoration
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 7220 Avenida Encinas. Suite 200
Carlsbad. CA 92009
(619) 931-9100
4. DATE EIA FORM PART I SUBMITTED: Anril25. 1994
5. PROJECT DESCRIPTION: Two nlannintz areas within the Poinsettia Shores Master Plan: (1) Area “A-3”
consisting of 50 detached single family homes on 5.000 sa fi minimum lots on 10.7 acres. and (2) Area
“A-4”
planning areas involve Tentative Tract Mans (to subdivide land) and Planned Unit Develonment (PUD)
Permits nursuant to the Citv’s Planned Develonment Ordinance and are consistent with the Poinsettia
)
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a “Potentially Significant Impact”, or “Potentially Significant Impact Unless Mitigation
Incorporated” as indicated by the checklist on the following pages.
- Land Use and Planning X Transportation/Circulation - Public Services
- Population and Housing - Biological Resources - Utilities and Service Systems
- Geological Problems - Energy and Mineral Resources - Aesthetics
- Water -- - Cultural Resources
X Air Quality & Noise - Recreation
- Mandatory Findings of Significance
1 Rev. mop5 3%
DETERMINATION.
(To be completed by the Lead Agency).
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be
prepared.
I fmd that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
cl
q
I find that the proposed project MAY have significant effect(s) on the environment, but at least one effect
1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the
effect is a “potentially significant impact” or “potentially significant unless mitigated.” An
ENVIRONMENTAL IMPACT REPORT/MITIGATED NEGATIVE DECLARATION is required, but it
must analyze only the effects that remain to be addressed. cl
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR / MITIGATED NEGATIVE DECLARATION p ursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR / MITIGATED NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared. q
Planner Signature Date I
Planning Director S@ature u 314 5- Date , I
2 Rev. lj3q9S 33
- .
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration,
or to rely on a previously approved EIR or Negative Declaration.
A brief explanation is required for all answers except “No Impact” answers that are adequately supported by
an information source cited in the parentheses following each question. A “No Impact” answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like
the one involved. A “No Impact” answer should be explained when there is no source document to refer to,
or it is based on project-specific factors as well as general standards.
“Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not
adversely significant, and the impact does not exceed adopted general standards and policies.
“Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation
measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.”
The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant.
Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the
environment, but &I potentially significant effects (a) have been analyzed adequately in an earlier EIR or
Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures
that are imposed upon the proposed project, and (c) none of the circumstances requiring a supplement to or
supplemental EIR are present and all of the mitigation measures required by the prior environmental
document have been required or incorporated into this project, then no additional environmental document
is required (Prior Compliance).
A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any
of its aspects may cause a significant effect on the environment.
If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are
mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are
agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant
Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be
meDared.
.
. - When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR
if the signiflcant effect has been analyzed adequately in an earlier EIR p ursuant to applicable standards and
the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that
earlier ElR.
. An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the
following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier
ElR pursuan t to applicable standards, and the developer does not agree to mitigation measures that reduce
the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact
has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact
to less than significant, or; (4) through the EL&Part II analysis it is not possible to determine the level of
significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in
reducing a potentially significant effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
Rev. lpops 34
Issues (8lxl supoating cnfam8tial sxlrax):
I. LAND USE AND PLANNING. Would the proposal:
II. POPULATION AND HOUSING. Would the proposal:
a)
W
d
4
e)
Conflict with general plan designation
or zoning? (Source #l)
Conflict with applicable environmental plans
or policies adopted by agencies with jurisdiction
over the project? (Source Ws: 1,3)
Be incompatible with existing land use in the
vicinity? (Source #l)
Affect agricultural resources or operations
(e.g. impacts to soils or farmlands, or impacts
from incompatible land uses)? (Source Ws: 12)
Potentidly
signifhzult
ea&ntirlly Unlea hTh8n
sirlifii Mitig8tioo siificult
wt InoorporrM m=t lLTgct
x
x
x
x
Disrupt or divide the physical arrangement
of an established community (including a low-
income or minority community)? (Source # 1)
a) Cumulatively exceed official regional or local
population projections? (Source #l)
b) Induce substantial growth in an area either
directly or indirectly (e.g. through projects
in an undeveloped area or extension of major
i.nfkWucture)? (Source #l)
c) Displace existing housing, especially affordable
housing? (Source #l)
Rev. 1/30/9s 3b
, .
III. GEOLOGIC PROBLEMS. Would the
a)
W
cl
4
d
9
I)
h)
0
proposal result in or expose people to potential
impacts involving:
Fault rupture? (Source iys: 2,4)
Seismic ground shaking? (Source #k’s: 2,4)
Seismic ground failure, including
liquefaction? (Source tys: 2,4)
Seiche, tsunami, or volcanic hazard? (Source Ws: 2,4)
Lkdslides or mudflows? (Source Ws: 2,4)
Erosion, changes in topography or
unstable soil conditions from excavation,
grading, or fill? (Source Ws: 2,4)
Subsidence of the land? (Source Ws: 2,4)
Expansive soils? (Source Ws: 2,4)
Unique geologic or physical features? (Source Ws:
2,4)
IV. WATER. Would the proposal resnlt in:
a) Changes in absorption rates, drainage pattern
or the rate and (y110uat of surface runoff? (Source
#s: 23)
b) Exposure of people or property to water related
hazards such as flooding? (Source iws: 23
fisgizs
FCltit?ntLlly Upseg signifii Mitiglttic8l e
lmp8ct lnwparated Impect zt
x
x
x
x
x
x
x
x
x
lQaler hnd suppatiag hlfam8tim sarrcer):
cl
4
d
9
g)
h)
0
Discharge into surface waters or other
alteration of surface water quality (e.g.
temperature, dissolved oxygen or
turbidity)? (Source Ws: 25)
Changes in the amount of surface water
in any water body? (Source #s: i,5)
Changes in currents, or the course or direction
of water movements? (Source #2)
Change in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? (Source #2)
Altered direction or rate of flow of
groundwater? (Source #2)
Impacts to groundwater quality? (Source #2)
Substantial reduction in the amount of
groundwater otherwise available for
public water supplies? (Source #2)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation? (Source
#s: lJ,8)
b) Expose sensitive ~CCCP~O~S to pollutants? (Source Ws:
12)
c) Alter air movement, moisture, or temperature,
or cause any change in climate? (Source Ws: 12)
d) Create objectionable odors? (Source #s: 1,2)
potenti8lly signifii
PC&ZltUy Unlea
SW=- *** &Z
lv=t lizcgzd lmpwt l$ct
x. -
x
x
x
x
x
x
x
x
x
x
Rev. l/30/95 38
.
lcsales (and suppating lnfcsmatial !sourca): -
VI. TRANSPORTATION/CIRCULATION.
Would the proposal result in:
a)
b)
cl
4
e)
9
g)
Pcmltially
siinifii
m=t
Potentially
Significant
U&SS LesThan
* * * SipiSant
lizgEl lmF=t lnfzt
Increased vehicle trips or traffic congestion? (Source
#s: 1,6,8) x
Hazards to safety from design features
(e.g. sharp curves or dangerous intersections)
or incompatible uses (e.g. farm equipment)? (Source
ws: 12)
Inadequate emergency access or access to
nearby uses? (Source Ws: 1,2)
Insufficient parking capacity on-site or
off-site? (Source iys: 13)
Hazards or barriers for pedestrians or
bicyclists? (Source Ws: 1,2)
Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)? (Source Ws: 1,2)
Rail, waterborne or air traffic
impacts? (Source #s: 12)
VII. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened or rare species or their
habitats (including but not limited to plants, fish,
insects, animals, and birds? (Source Ws: 1,2,3)
b) Locally designated species (e.g. heritage
trees)? (Source Ws: 12)
x
x
x
x
x
x
x
x
4
lasna (and supporting lllfmtiat sources):
c) Locally designated natural communities
(e.g. oak forest, coastal habitat, etc.)? (Source Ws:
1293)
d) Wetland habitat (e.g. marsh, riparian and
vernal pool)? (Source Ws: 1 J,3)
e) Wildlife dispersal or migration
corridors? (Source Eys: 1,2,3)
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation
plans? (Source ws: 1~)
b) Use non-renewable resources in a wasteful and
inefficient manner? (Source Ws: 1~)
POtddy
Significant
m=t
Potentially
Sipificaut
U&S LesThan
Mitigation Significant
Incupxated m=t lgct
c) Result in the loss of availability of a known
mineral resource that would be of future value
to the region and the residents of the State? (Source
#KS: 12)
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited to:
oil, pesticides, chemicals or radiation? (Source #‘s:
12
x
x
x
x
x
x
x
b) Possible interference with an emergency
response plan or emergency evacuation plan? (Source
KS: 12) x
c) The creation of any health hazard or
potential health hazard? (Source Ws: 1,2) x
d) Exposure of people to existing sources
of potential health hazards? (Source Ws: 1,2) x
r
lssleo (fuxl suppating lnfamatiat solutes):
e) Iucrease fire hazard in areas with flammable
brush, grass, or trees? (Source Ws: 1,2)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (Source Ws: 12)
b) Exposure of people to severe noise
levels? (Source Is: 1,7)
Potentially
Significant
w=t
Potentially
Significaut
UIlkSS LessTlm
Mitigation Significaat
Inuxpcsated hpect lngt
x
x
x
XI. PUBLIC SERVICES. Would the proposal have an
a)
b)
d
4
d
effect upon, or result in a need for new or altered
government services in any of the following areas:
Fire protection? (Source Ws: 1,9)
Police protection? (Source #s: 1,9)
Schools? (Source Ws: 1,9)
Maintenance of public facilities, including
roads? (Source Ws: 1,9)
Other governmental setices? (Source Ws: 1,9)
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or
supplies, or substantial alterations to the following
utilities:
a) Power or natural gas? (Source #Vs: 1,9)
b) Communications systems? (Source #l)
x
x
10 -.1/3ops q\
hes (and suppating rnfmstlal soluccs):
c) Local or regional water treatment or
distribution facilities? (Source Ws: 1,9)
d) Sewer or septic tanks? (Source Ws: 1,9)
e) Storm water drainage? (Source Ws: 1,9)
f) Solid waste disposal? (Source Ws: 1,9)
Potentially
Significant
w=t
Potentially
Significant
Ullleps
Mitigatiuh
Inaxporated
g) Local or regional water supplies? (Source Ws: 1,9)
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic
highway? (Source #l)
b) Have a demonstrable negative aesthetic
effect? (Source #l)
c) Create light or glare? (Source Wl)
XIV. CULTURAL RESOURCES. Would the proposal:
a)
b)
d
d)
d
Disturb paleontological resources? (Source Ws: 1,2)
Disturb archaeological resources? (Source #‘s: 12)
Affect historical resources? (Source Ws: 1,2)
-
-
-
-
Have the potential to cause a physical change
which would tiect unique ethnic cultural
values? (Source Ws: 12)
Restrict existing religious or sacred uses
within the potential impact area? (Source Ws: 12)
LessThan
Significant
Impact zt
x
x
x
x
x
x
x
x
x
x
x
x
11
x
Rcv.1/30/95 t.p
hes (and Supporting bfamatim Sauces):
POtWidly
Significant
ImpPct
POb?Iltiiauy
Significant
unless Mitigation
Incorporated
LespTbatt
signifiat No
lmmpoct m=t
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities? (Source
#l) x
b) Affect existing recreational opportunities? (Source
w
XVI. MANDATORY FlNDlNGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade
the quality of the environment, substantially reduce
the habitat of a fish or wild life species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)
c) Does the project have environmental effects which
will cause subs&u&I adverse effects on human
beings, either directly or indirectly?
x
x
x
12 Rev. 1/30/w 4
Xl&I. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program ElR, or other CEQA process, one or more
effects have been adequately analyxed in an earlier EIR or negative declaration per Section 15063(c)(3)@) of
the CEQA Guidelines. In this case a discussion should identify the following on attached sheets:
b)
d
Earlier analyses used. Identify earlier analyses and state where they are available for review. All pertinent
earlier analyses have been identified at the beginning of the Discussion of Environmental Evaluatiou.
The Source Documents identified have been cited as appropriate in the checklist and environmental
discussion.
Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuan t to applicable legal standards, and state whether such
effects were addressed by mitigation measures based on the earlier analysis.
1. Air Oualitv and Circulation Imuactg: Statements of Overriding Consideration made with the Citfs
General Plan Master ElR (Source Document #8).
2. Archeological and Paleontoloaical Tmnacts: Mass grading monitoring required by Source Document #l
and 2.
3. Noise lmuacts: Noise study (Source #7) was required by Source Document #l.
Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,” describe the
mitigation measures which were incorporated or refined from the earlier document and the extent to which
they address site-specific conditions for the project.
Mitigation measures specific to this project include: (1) Archeological and paleontological monitoring which
was carried out during the mass grading of the site in accordance with the approval of CT 94-01, and (2)
noise mitigation designed into the project pursuant to a site specific noise analysis conducted for the
proposed project.
13
.
DISCUSSION OF ENVIRONMENTAL EVALUATION
SOURCE DOCUMENTS CITED (All source documents are on file in the Planning Department located at 2075
Las Palmas Drive, Carl&ad, CA 92009; (6 19) 438-l 16 1)
1. Poinsettia Shores Master Plan Mitigated Negative Declaration and corresponding Environmental Impact
Assessment Form Part II dated July 26, 1993.
2. Poinsettia Shores Master Tentative Map Mitigated Negative Declaration and corresponding Environmental
Impact Assessment Form Part II dated April 1, 1994.
3.
4.
West Batiquitos LCP certified by the Coastal Commission May 12, 1994
Geotechnical Investigation for the Proposed Batiquitos Lagoon Educational Park by Woodward-Clyde
Consultants dated June 4, 1986.
5.
6.
7.
Hydrology Study prepared by O’Day Consultants dated April 30, 1993.
Transportation Analysis for Poinsettia Shores by Urban Systems Associated dated May 17,1993.
Noise Analysis for Poinsettia Shores Planning Area B-l by Mestre Greve Associates dated July 19, 1994.
Noise Analysis for Poinsettia Shores Planning Area B-2 by Mestre Greve Associates dated June 29, 1994.
8. City of Carl&ad General Plan Final Master EIR 9341 approved by City Council Resolution No. 94-246.
9. Zone 9 Local Facilities Management Plan (LFMP) documents including amendment LFMP 87-09(A) (approved
January 4, 1994) and the Zone 9 Finance Plan (approved September 6, 1994)
PROJECT BACKGROUND/OVERVIEW OF EXISTING ENVIRONMENTAL REVIEW
Planning Areas Ad3 and A-4 are pmposed in full compliance with all applicable provisions of the Poinsettia Shores
Master Plan. The proposed densities are within the limits established by the master plan which designated these
planning areas with Residential-Medium (RM) General Plan designations. Area A-3 proposes 50 detached single
family homes (51 allowed) on 5,000 sq ft minimum sized lots and Area A-4 proposes 61 detached single family
homes (62 allowed) on 5,000 sq fi minimum sized lots. The proposed architecture for A-3 and A-4 is the same
featuring three floor plan types that range from approximately 2,340 sq ft to 3,175 sq ft. All plan types have a
maximum building height of 28 l/2 feet. All applicable development standards and design criteria are complied
with. Areas A-3 and A4 are within the Poinsettia Shores Master Plan as shown on the attached Location Map.
The Poinsettia Shores Master Plan (MP 175-D) was approved in January 1994 and incorporated a Mitigated Negative Declaration (Source Document #l) which was intended to identify environmental impacts and related
mitigation measures to allow the buildout of the residential portion of the master plan. As a result, the master plan
contains environmental mitigation measures on a planning area by planning area basis. The subject planning areas
have either completed applicable mitigation measures or incorporated them into their project design Subsequent
to the master plan approval, the Poinsettia Shores Master Tentative Map (CT 94-01) was approved in August 1994
and incorporated another Mitigated Negative Declaration (Source Document #2) to allow mass grading of the
master plan property, construction of the Avenida Encinas roadway, and construction of drainage improvements
on the west side of the master plan site. The subject planning area sites are already mass graded from the approval
14 Rev. mm 45
.
of CT 944 1. All necessary infrastructure to serve the buildout of the residential planning areas has either already
been constructed or are financially secured to guarantee their construction concurrent with need.
Section 21080.7 of CEQA and Section 15183 of the CEQA Guidelines allows a residential project, developed
consistent with applicable General Plan designations, to be determined in prior compliance with existing
environmental review if an EIR has been certified for the subject General Plan. Such is the case with the City’s
General Plan Update Piil Master EIR 93-01 (Source Document #6) certified in September 1994. This document
is referenced in addressing the Air Quality and Circulation impacts associated with master plan buildout.
ENVIRONMENTAL IMPACT DISCUSSION (The brief discussions below are intended to summark and/or
supplement the evidence contained in the pertinent Source Documents as noted on the checklist).
1. LandUseandPlanning
a)+, e): The proposed planning areas implement the governing Poinsettia Shores Master Plan in conformance
with all master plan standards and guidelines, the Residential-Medium (RM) General Plan designation and the
coastal regulations of the West Hatiquitos Lagoon Local Coastal Program (LCP).
d): All agricultural conversion fees required for the mass grading of the master plan site associated with the
approval of CT 94-01 have been paid or secured to the City’s satisfaction. Mass grading of the site is near
completion at this time.
2. Population and Housing
a)-c): Local population projections and limits will not be exceeded by the buildout of the Poinsettia Shores
Master Plan including the development of the subject planning areas. Development of the Avenida Encinas
roadway and related infrastructure associated with CT 94-01 will induce the buildout of the master plan in
accordance with the General Plan and zoning regulations including Growth Management compliance.
3. Geologic Problems
a)-i): The sites for Planning Areas A-3 and A4 have recently been mass graded per the approval of CT 94-
01. Refined finish grading is required for the construction of building pads and internal roadways. A-3
requires approximately 4,300 cubic yards (cy) of cut, 13,500 cy of fill and 9,200 cy yards of import. A-4
requires approximately 17,100 cy of cut, 21,300 cy of fill and 4,200 cy yards of import. Standard grading
permit procedures will apply. No seismic, geologic of surface substrate hazards are associated with the master
plan site including the subject planning area sites.
4. Water
a)-i): The development of streets and residential units will increase the amount of impervious areas and
change existing absorption rates, however, all proposed drainage for buildaut of the master plans residential
planning areas meets City and Engineering Department standards. Major drainage Xrastructure has been
provided by approval of Cl” 94-01. No flood hazards will be created by the development of the subject
planning areas. No adverse impacts to the Batiquitos Lagoon system will be created by the buildout of the
master plan including the subject planning areas. National Pollutant Discharge Elimination System (NPDES)
standards are required to reduce urban pollutant quantities in drainage runoff. No impacts to any groundwater
resources will be created by buildout of the master plan.
15 Rev. l/30/95
4-f
.
5. Air Quality
a): Since the proposed planning areas are residential projects per Section 21080.7 of CEQA and Section
15 183 of the CEQA Guidelines, the buildout of the master plan including the development of the subject
planning areas was included in the updated 1994 General Plan Final Master EIR 93-01 and will result in
increased gas and electric power consumption and vehicle miles traveled. These subsequently result in
increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and
suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the
San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions
are considered cumulatively significant: therefore, continued development to buildout as proposed in the
updated General Plan will have cumulative significant impacts on the air quality of the region.
To lessen or minim& the impact on air quality associated with General Plan buildout, a variety of mitigation
measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and
intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through
the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage
alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient
building and site design: and 5) participation in regional growth management strategies when adopted. The
applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the
design of the project or are included as conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is located within a
“non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This
project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the
certification of Final Master EIR 9341, by City Council Resolution No. 94-246, included a “Statement Of
Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies
to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore,
no further environmental review of air quality impacts is required. This document is available at the Planning
Department.
b)d): Development of the subject planning areas will not expose sensitive receptor to known significantly
adverse pollutants or significantly change any air characteristics including moisture, temperature or odor.
6. Transportation/Circulation
a): Since the pmposed planning areas are residential projects per Section 21080.7 of CEQA and Section
15183 of the CEQA Guidelines, the buildout of the master plan including the development of the subject
planning areas was included in the updated 1994 General Plan and will result in increased traffic volumes.
Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial
intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional
control. These generally include all freeway interchange areas and major intersections along Carl&ad
Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected
to fail the City’s adopted Growth Management performance standards at buildout.
16 Rev. 1pops *’
.
To lessen or mimmize the impact on circulation associated with General Plan buildout, numerous mitigation
measures have been recommended in the Final Master EIR. These include measures to ensure the provision
of circulation facilities concurrent w&h need; 2) provisions to develop alternative modes of transportation such
as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3)
participation in regional circulation strategies when adopted. The diversion of regional through-traffic from
a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of
the City to control. The applicable and appropriate General Plan circulation mitigation measures have either
been incorporated into the design of the project or are included as conditions of project approvak
Regional related circulation impacts are considered cumulatively significant because of the failure of
intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study”
checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan,
therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 9341,
by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation
impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the
General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation
impacts is required.
b)-g): All streets will meet City standards, facilitate emergency vehicle access into the subject planning areas,
create no conflicts between pedeshians and bicyclists. and will not interfere with railroad activities. Various
master plan components incorporate bicycle racks, provisions for buses and mass transit and pedestrian trails
and linkages which will benefit the residents of the subject planning areas.
7. Biological Resources
a)e): No biological resources or sensitive habitat are associated with the subject planning area sites. All open
space requirements of the master plan have been secured to allow buildout of the master plan The Batiquitos
Lagoon and associated wetlands and sensitive bluffs will not be impacted by the development of Areas A-3
and A4.
8. Energy and Mineral Resources
a)-c): Non-renewable resources, energy and mineral resources will not be affected by the development of the
subject planning areas.
9.
10,
Hazards
a)-e): No hazards will be asso&ted with the construction and development of the subject residential planning
areas. Emergency vehicle access is provided to adequately serve Areas A-3 and A4. Flammable hazards or
explosion potential will not created by the project.
Noise
a): The development of residential dwelling units will not significantly increase existing noise levels.
b): As required previous environmental review and corresponding mitigation measures, Areas A-3 and A-4
have been designed p ursuant to the recommendations of site specific noise studies to that compliance with the
City’s Noise policy and element of the General Plan will be maintained and no significant noise impacts will
17 Rev. l/30/95
2
.
11.
12.
13.
14.
15.
result.
Public Services
a)-e): Roth subject planning areas comply with the Poinsettia Shores Master Plan and the requirements and
standards of the Zone 9 Local Facilities Management Plan and related documents. Therefore, all necessary
public facilities and services will be adequately provided to serve the buildout of the master plan including
Areas A-3 and A-4.
Utilities and Services Systems
a)-g): Provisions for adequate utilities, water treatment, sewage, storm water drainage and water supplies have
been secured and/or accounted for via the infrastructure associated with CT 94-01 and compliance with the
Zone 9 LFMP. Coast Waste Management has reviewed the subject planning areas and have indicated that
adequate solid waste disposal service can be provided.
Aesthetics
a)-c): No scenic vista or highway considerations are pertinent to the subject planning areas. No aesthetic
impacts will result from development of Areas A-3 and A-4. Planning Area A4 is a blufftop site and was required to proposed development that will not adversely impact the aesthetic qualities of the blufftop area.
In response, the project complies with the master plan setback requirement of 100 feet from the blti edge.
This setback distance is over twice the setback currently observed by the Rosalena subdivision’s blufftop
homes (45 feet). In addition, a lower building height as measured to the peak is established for this planning
area as compared to the Rosalena homes or the development that would have been allowed under the previous
master plan for the site.
Cultural Resources
a)-e): No cultural resources of any kind are associated with the subject planning area sites. All required
archeological and paleontological monitoring that was required during the mass grading process has been
satisfactorily completed. No historic or significant ethnic cultural or religious resources will be impacted by
the development of Areas A-3 and A4.
Recreation
a)-b): No recreational facilities currently exist on or near the subject planning areas. Passive recreation areas
are provided throughout the site designs of Areas A-3 and A-4 usually near the interface with the master plan’s
trail system Another planning area in the master plan (Area M) is designated and designed as a multiple use
active and passive recreation center intended for the use of master plan residents, including those of Areas A-3
and A4. No impacts to recreational resources or opportunities will result l?om the development of the subject
planning areas.
18
LIST MITIGATING MEASURES CIF APPLICABLE)
AlTACH MITIGATION MONITORING PROGRAM IIF APPLICABLE)
APPLICANT CONCURRENCE WlTH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
bate Signature
19 Rev. lpop5 9
A-2 \ \ \
\ ’ BATIQUITOS LAGOON
POINSETTIA SHORES
l?A. A-3--CT 94-06/PUD 94-05
l?A. A-4--CT 94=07/PUD 94-06
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the project described
below have already been considered in conjunction with previously certified environmental
documents and, therefore, no additional environmental review will be required and a notice of
determination will be filed.
Project Title: Poinsettia Shores - Planning Area’s “A-3” and ‘A-4”
Project Location: Poinsettia Shores Master Plan, north of Batiquitos Lagoon and east of the
railraod right-of-way.
Project Description: “A-3” consists of 50 detached single family homes. “Ad” consists of 61
detached single family homes. Minimum lot size for both Planning Areas
is 5,000 square feet.
Justification for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Carl&ad, California 92009. Comments from the public
are invited. Please submit comments in writing to the Associate Planner, Eric Munoz, in the
Planning Department within thirty (30) days of date of publication.
DATED:
CASE NO:
CASE NO:
APPLICANT:
PUBLISH DATE:
MARCH 27.1995
CT 9W/PUD 94-05 - PA “A-3” Planning Director
m 9447jFWD 94-06 - PA “AA“ .
PGINSB’ITIA SHORES PLANNING AREAS “A-3” AND “A-4”
MARCH 27, 1995
2075 Las Palmas Orive l Cartsbad. California 92009-l 576 l (619) 438-l 161 a
BACKGROUND DATA SHEE?
CASE NO: CT 94-06mJD 9445
CASE NAME: Poinsettia Shores Pkmni.ne Area “A-3”
APPLICANT: Kaiza Poinsettia CorDoration
REQUEST AND LOCATION: Fifty (501 single family homes on 5.000 sq. ft. minimum
sized lots consistent with the Poinsettia Shores Master Plan.
LEGAL DESCRIPTION: Lot 3 of Carl&ad Tract 94-01 accordinp to MaD No. 13 18 1 in the City
of Carl&ad. as recorded on Januarv 26.1995 in the County of San Dieeo. State of California
APN: 216-140-25. 27. 32. 33 Acres: 10.7 Roposed No. of Lots/Units 52150
(Assessor’s Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation RM
Density Allowed 4.8 du/ac Density Roposed 4.7 du/ac
Existing Zone PC Roposed Zone PC
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s zoning
Requirements)
zoning Land Use
Site PC Vacant (PA “A-3”)
North Secondary Arterial Avenida Encinas
south PC Vacant (PA “AA”)
PC Vacant PA “A-2”
west Tc Railroad right-of-way
PUBLIC FACILITIES
School District Carl&ad Water District Carl&ad Sewer District Carl&ad
Equivalent Dwelling Units (Sewer Capacity) 50
Public Facilities Fee Agreement, dated December 9. 1994
ENVIRONMENTAL IMPACT ASSESSMENT
- Negative Declaration, issued
- Certified Environmental Impact Report, dated
Other, Notice of Prior Compliance issued March 27. 1995 ENM:L
DISCLOSURE STATEblENT
PPOUCAKTS STAZMEHT OF OISCiOSLlffE w CERTAIN OWN-P rMEF;Ea% ON au APPLJUTIONS ‘,W+ICH WIU =aulk~ I
OISCSmONAfiY ACTION CN WE ?*Rf of WE m w aft *NY APPOlMp BOARO. CCMMlSSiON OR COMm:
(Please Print)
The Mewing information must be disclosed:
* . . Apoiicant ..- -w
list the names and addresses of all persons having a financial interest in the application. Uiza Poinsettia Coqcmtion /220 Avenida Encinas 5ulte LOO Urlsoaa, U YLuuY
7 -. Owner
List the names and addresses of all persons having any ownership interest in the propeq involved. Ikiza Poinsettia Corporation 1220 Avenida Fncinas
5ute LOU
If any person identified pursuant to (1) or (2) above is a corporation or paflnership, list the names an=
addresses of all individuals owning more than 10% at the shares in the corporation or owning any paKnersE:=:
interest in the partnership. Saita California, Inc.
7734 Avenida %cinas Suits 200
rarl ctua _ pa 97nm
: If any Person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list Me names ant
acdresses Of any person serving as officer or direC!or of the non-profit orgamzation or as trustee or benefici2rY of the -trust.
Fi%Mm13 8/w
2075 Las Parmas Drive - Carrscaa. Caltfornla 92009a859 - 16 19) 038- 1 16 1
DisclosurO Strtemoti
(Over)
Peg8 2
5. Have you had more than $250 worth of business transacted with any member of City staff, 3cat:j
Commlsslons, Committees and Council within the past twelve months?
Yes - No - If yes, please indicate person(s)
Wson m drfinod u: ‘Any mdividuol. firm. co~utnorsh~. joint vmtur0. awocidon. Socd dub. trrrmd orgmrD;oa. eo*rmon. .*tate. trbat,
rocowr. ryndicato, mm and my otnr county. cay and county. cny munlcw4lity. diamct or olkr pomicd 0b4bdivwon. or my 003~ gfoco ~f !
combnouon acting u l unR* I
(NO-: Attach additional pages as necessary.)
Srgnature of Owner/dPo Signature of appliawdae
CITY OF CARLSRAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Poinsettia Shores Plannina Area “A-3” - CT 94-06/PUD 94-05
LOCAL FACILITY MANAGEMENT ZONE:% GENERAL PLAN: RM
ZONING: PC - Poinsettia Shores Master Plan
DEVELOPER’S NAME: Kaiza Poinsettia Cornoration
ADDRESS: 7220 Avenida Encinas. Suite 200. Carl&ad CA 92009
PHONE NO: (619) 931-9100 ASSESSOR’S PARCEL NO.: 216-140-25.27. 32. 33
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 10.7 Acres
ESTIMATED COMPLETION DATE:
vstrative Facili%es: . Demand in Square Footage = 185
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
Library: Demand in Square Footage -
Wastewater Treatment Capacity (Calculate with 3. Sewer)
Park Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin -
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identity Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided -
Schools:
(Demands to be determined by staff)
Sewer: Demand in EDUs -
Identity Sub Basin -
(Identity trunk line(s) impacted on site plan)
Water: Demand in GPD -
99
-ML
N/A
B
500
4
N/A
N/A
50
N/A
11.ooo 0 The project is 1.3 units below the Growth Management Dwelling unit allowance. ENhm
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DRAFT
PLANNING COMMISSION May 3,199s EXHlBlT 5
PAGE 2
ACTION: Mi N by Commissio
~JOune21.19~
VOTE: - 1
AYES: Compas, Ew
2. CT 94-06/PUD 94-05 - POINSETTIA SHORES PLANNING AREA “A-3” - A request for approval
of a Tentative Tract Map and Planned Unit Development for 50 single family detached homes on
5,000 sf. minimum sized lots within the 10.7 acre P-C (Planned Community) zoned parcel of
Planning Area “A-3” in the Poinsettia Shores Master Plan located north of the Batiquitos Lagoon
and east of the railroad right of way, in the Coastal Zone, within Local Facilities Management Zone 9.
Chairman Welshons advised the applicant that if the Planning Commission recommends approval of this
item tonight, it will be forwarded to the City Council for their consideration.
Eric Munoz, Associate Planner, reviewed the background of the request and stated that the applicant is
requesting approval of another planning area within the Poinsettia Shores Master Plan. He showed a
series of slides of the project and surrounding area. The project consists of 50 detached single family
homes on 5,000 s.f. minimum sized lots. This area is allowed a density range of 4-8 dwelling units per
.acre and the developer is proposing a density of 4.7 du/ac. The site is essentially flat and has no unique
topographic features or significant environmental resources. The site has already been mass graded and
only finish grading remains to be done. The detached single family homes will feature three floor plans
consisting of 2,341 - 3,175 s.f. No plan type exceeds two stories. The proposed architecture is
contemporary with roof tile, stucco accented with wood trim, and a variety of roof planes and articulation.
Each unit will exceed the minimum area requirements for a two car garage. Private streets which are 36 ft.
wide will serve the project, with guest parking allowed on each side of the street. The project will take
access from Windrose Circle. This will not be a gated community in order to maximize the public access
opportunities to the public lagoon blufftop trail system.
The proposed project is in compliance with the Carlsbad General Plan, Poinsettia Shores Master Plan,
West Batiquitos LCP and Carlsbad Municipal Code, Titles 20 and 21. Staff recommends approval.
Mr. Munoz reviewed the staff errata memo dated May 3, 1995 which contained three minor changes.
Chairman Welshons requested staff to comment on a letter received from Charles Marvin Ill. Mr. Munoz
reported that the letter from Mr. Marvin was regarding the trail system passing through the Rosalena
project. This letter is only indirectly related to Area A-3. It actually focused on the construction of the
Rosalena trail segment and addressed a variety of issues espoused by the Rosalena Homeowner’s
Association as to why the trail segment should not go forth. Mr. Marvin’s letter does not change the City’s
position on having Kaiza Poinsettia proceed with the desiltation basin portion of the trail. The applicant will
update the Commission on this issue during his testimony.
Commissioner Monroy commented that at the last meeting the trail issue was raised about a nexus
regarding the current developer versus the original developer. Mr. Munoz replied that the M’aster Plan is
quite clear and prevents leaving a subject planning area and imposing an amenity on another planning
area in order to hold up the review and approval of the subject planning area. Only trail segments
contained within the planning area being reviewed may be considered. Trail segments in other areas
many not be considered concurrently with the area under consideration.
: Commissioner Monroy inquired if this means there is no way to ensure that the last segment of the trail will
ever be built. Mr. Munoz replied that the City is doing everything possible to have it built. The City’s
position has not changed about routing the trail segment alongside the desiltation basin. The City and the
y\>
MINUTES
DRAFT
PLANNING COMMISSION May 3,1995
Coastal Commission will continue to push for the western segment of the trail. The City is still waiting for
approval from the Coastal Commission to construct the southern segment.
Commissioner Compas inquired what happens if the western segment is built and the south side is either
higher or lower. Mr. Munoz replied that western segment of the trail will link up with an existing sidewalk
system which goes out to an observation point.
Chairman Welshons invited the applicant to speak.
Doug Avis, 2300 Alga Road, Carlsbad, addressed the Commission and stated that he is the Project
Director of the Poinsettia Shores project. He stated that most project issues have been resolved. Kaiza is
fully committed to constructing the western portion of the trail system and the southern portion as well,
whenever the City issues the permits in accordance with the Coastal Commission’s allowance. Mr. Avis
commented that Area A-3 will be part of the Homeowner’s Association and recreational amenities will be
accessible to all homeowners. He is proud of the architecture and stated that it encompasses the theme of
today’s markets. Mr. Avis stated that he has reviewed the errata memo and supports the corrections.
Commissioner Nielsen inquired if the architect was trying to make all units in the project look the same
from the street. He feels the units are so similar that it is difficult to see the differences. Mr. Avis replied
that these units are different from Area A-l and A-2. They are larger in size and the materials are quite
.different.
Commissioner Compas inquired about Area D and if it would be coming back in the near future. Mr. Avis
replied that Area “0” is currently stuck in the City Manager’s office. Kaiza is still fully committed to Area D
but they are waiting for resolution from the City Manager.
Chairman Welshons opened the public testimony and issued the invitation to speak.
There being no persons desiring to address the Commission on this topic, Chairman Welshons declared
the public testimony closed and opened the item for discussion among the Commission members.
Commissioner Noble inquired about the differences between the master plan and this project. Mr. Munoz
replied that the master plan is the hand and Areas A-3 and A-4 are the glove which fits right on it.
Commissioner Erwin inquired if the growth management control point for this project is 6 du/ac. Mr.
Munoz replied yes.
Commissioner Erwin inquired if this project is below the growth management control point. Mr. Munoz
replied yes.
Commissioner Monroy stated that he voted against the last project from this area and would be doing the
same for this project because he can’t find anything in the General Plan which states that we can build the
affordable housing off site. When he inquired of Mr. Holzmiller, Planning Director, he was advised by him
that the General Plan does not address that issue. Commissioner Monroy thinks the project is a good one
but he will be voting no for that reason.
Commissioner Erwin stated that he will be voting in favor of the project based on Mr. Avis’ assurance that
the entire trail system will be built and that the project is below the growth control point. However, he still
doesn’t like large homes on small lots.
MINUTES
DRAFT
PLANNING COMMISSION May 3,1995 PAGE 4
ACTION: Motion was made by Commissioner Savary, and duly seconded, to adopt Planning
Commission Resolution Nos. 3769 and 3770, recommending approval of CT 94-06 and
POD 94-05, respectively, based on the findings and subject to the conditions contained
therein, including the errata memo dated May 3, 1995. VOTE: 6-1
AYES: Compas, Erwin, Nielsen, Noble, Savary, Welshons NOES: Monroy
ABSTAIN: None
CT 94-07/PUD 94-06 - POINSETTIA SHORES PLANNING AREA “A-4” - A request for approval
of a Tentative Tract Map and Planned Unit Development for 61 single family detached homes on
5,000 s.f. minimum sized lots within the 12.5 acre P-C (Planned Community) zoned parcel of
Planning Area “A-4” in the Poinsettia Shores Master Plan located north of the Batiquitos La
nd east of the railroad right of way, in the Coastal Zone, within Local Facilities Manageme
hons advised the applicant that if the Planning Commission recommends a
ill be forwarded to the City Council for their consideration.
iate Planner, reviewed the background of the request and stated t
itecture as Area A-3. The project is essential1
with detached single family homes. However,
t because of the publi
on the east, south, an ers of Area A-4. Mr. Munoz
and surrounding area, aerial photos taken in late M d noted that blufftop
setbacks have not been e remainder of the site. There ar asrc components to the
blufftop setback area. bluff edge, there is a 100 ft.
structural setback (mo na project). The other
asin. Both setback areas have a
public and a private component. On t e is 40 ft. of public right of way and 40
ft. of private right of way. On the sout
private right of way. The trail segment a
Mr. Munoz stated that, contrary to Rosalena, n allowed within the blufftop setbacks of Area
A-4. Furthermore, no building permits will be homes adjacent to the trail system until the
trail is constructed and landscaped. In contains a condition which
specifically itemizes rear yard uses in o tures from being built in the setback
area. The condition is found in Plannin o. 3771, Condition ##27.
The proposed project is in corn ith the Carlsbad Gene settia Shores Master Plan,
West Batiquitos LCP and Carls unrcipal Code, Titles 20 recommends approval.
Mr. Munoz reviewed the rrata memo dated May 3, 1995 which cant ree minor changes.
Chairman Welsh0 ed the applicant to speak.
Road, Carlsbad, addressed the Commission and stated that
insettia Shores project. He stated that all project issues have bee
related to the trail in A-4. He requested the Commission to not consider the trail c
g Areas A-3 and A-4. Kaiza is committed to the master plan’s trail system and th
e only other issue is the two power poles at the corner of Area A-4. Kaiza cannot a
June 29, 1995
Kaiza Poinsettia Corporation
7220 Avenida Encinas, Suite 200
Car&bad, CA 92009
Re: Poinsettia Shores Planning Area "A-3"
The Carlsbad City Council, at its meeting of June 20, 1995, adopted
Resolution No. 95-169, approving the Tentative Tract Map and Planned Unit Development for Poinsettia Shores Planning Area "A-3@'
- CT 94-6/PUD 94-5.
Enclosed is a copy of Resolution No. 95-169 for your records.
KRK:ijp
Enclosure
i200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808 c?%
.-
NOTICE OF PUBLIC HEARING
CT 94=6/PUD 94-5
POINSETTIA SHORES PLANNING ARBA "A-3"
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, June 20, 1995, to
consider an application for a Tentative Tract Map and a Planned Unit Development for 50 single family detached homes on 5,000 square foot minimum sized lots within the 10.7 acre P-C (Planned Community) zoned parcel of Planning Area "A-3" within the Poinsettia Shores Master Plan, on property generally located north of the Batiqiitos Lagoon, east of the railroad right-
of-way, in the Coastal Zone, in Local Facilities Management Zone 9, and more particularly described as:
Lot 3 of Carlsbad Tract No. 94-1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13181, filed in the Office of the San Diego County Recorder.
If you have any questions regarding this matter, please call Eric Munoz in the Planning Department, at (619) 438-1161, ext. 4441.
If you challenge the Tentative Tract Map and/or Planned Unit Development in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written
correspondence delivered to the City of Carlsbad City Clerk's Office at, or
prior to, the public hearing.
APPLICANT: Kaiza Poinsettia Corporation
PUBLISH: June 10, 1995
CARLSBAD CITY COUNCIL
\
I \ LJ BATIQUXTOS LAGOON
\
POINSETTIA SHORES
PA. A-&-CT 94-06/PUO 94-05
-- . . * I
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, C&bad, California, at 6:OO p.m. on
Wednesday, May 3, 1995, to consider a request for recommending approval of a Tentative Tract Map
and Planned Unit Development for 50 single family detached homes on 5,000 square foot minimum sized
lots within the 10.7 acre P-C (Planned Community) zoned parcel of Planning Area “A-3” in the Poinsettia
Shores Master Plan on property generally located north of the Batiquitos Lagoon and east of the railroad
right of way, in the Coastal Zone, within Iocal Facilities Management Zone 9 and more particularly
described as:
bt 3 of Carlsbad Tract 94-01, in the City of C&bad, County of San Diego, State of
California, according to Map No. 13 181, filed in the office of the San Diego County
Recorder.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff report will be available on and after April 27, 1995. If you have any questions, please call Etic
Munoz in the Planning Department at (619) 438-l 161, ext. 4441.
If you challenge the Tentative Tract Map and/or Planned Unit Development in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described in this notice or
in written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: CT 94-06/PUD 94-05
CASE NAME: POINSETTIA SHORES PLANNIN G AREA “A-3”
PUBLISH: APRIL21, 1995
CITY OF CARLSBAD
PLANNING COMMISSION
EM:vd
u
\ \ BATIQUITOS LAGOON I \ \
‘@
POINSETTIA SHORES
’ F!A. A-3--CT 94-06/PUD 94-05
(Form A)
.
TO: CITY CLERK'S OFFICE
FROM2 PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notide
CT 94-06/PUD 94-05 - Poinsettia Shores Planning Area "A-3"
for a public hearing before the City Council.
Pledse notice the item for the council meeting of
Thank you.
Assistant City Man
.-
PUBLIC HEARING
May 31, 1995
Date
Kaiza Poinsettia Carp - 7320 Avenida Encinas #20~ Cazlsbad Ca 92009-4661
1Ttlce W Jacobson Margaret M Tomlinson '522 Navigator Cir P 0 Box 180389 :arlsbad Ca 92009 Corer-ado Ca 92178
Icett Ong ) 0 Box 4653 ~sdcndo Beach Ca 90278
!ay SG;Evelyn E Lipson '315 Borla Pl :arlsbad Ca 92009
ucky Stores Inc 565 Knott Way uerra Park Ca 90620
'aLn.?.?owski Thomas Trust' 04- Mark A&Tusack Donna Keller 0 Box 519 7554 Navigator Cir _ _ yeeneville Tn 37744 Carlsbad Ca 92009
.hadeff &-Lorenz 50 c St an Diego, Ca 92101
.;tG7 . .
Bluff Batiquitos - 2650 Camino De1 Rio N #loo San Diego Ca 92108-1630
Rosalma Owners Assn Inc 285 Windrose Cir Carlsbad Ca.92009-5401
Garland-Gember Carp: P 0 130x 1313: Ran&o Mirage Ca 92270
Kenny Hsueh Fan Chu 3327 Rocking Horse Cir Olive-nhain Ca 92024
Carolyn W Zobdler
7542 Navigator Cir Carlsbad Ca 92009
. _
Bluff Batiquitos P 0 Box 9523 Ranch0 Santa Fe Ca 92067
;eg2067
Robert&Anna W Aao 7525 Navigator Cir Carlsbad Ca 92009
ICerzneth W&Lorl A Wager 7532 Navigator Clr Carlsbad Ca 92009
Jo Anne Cyr 1501 Westport Road Kansas City MO 64111
William D Getty 7544 Navigator Cir Carlsbad Ca 92009
William P&Yvonne A Ew? 7556 Navigator Cir Carlsbad Ca 92009
&Ak-c5/ Bluff Bati
&t%%$ Fe Ca 920
Richard T&She,rry A Whc 7567 Navigator Cir Carlsbad Ca 92009
Michael H Jackman '569 Navigator CL. :arlsbad, Ca 92008
--Ronald C&Joan L Moss Owen N&Carol F Rabourz
Sea Bluff Associates 276 N El Camino Real Oceanside Ca 92054-172s
$esse J&Y Meg Groomer 7575 Navigator Cir C.arlsbad Ca 92008.
Larrimore E Adam 7577 Navigator CiL Carlsbad Ca 92009
zohny c K&Choi Eli22 7579 Navigator Cir Carlsbad Ca 92009
X A Moras
7582 Navigator Ci Carlsbad, Ca 92009
Wendell D&Xamona Van Atta 128 Via Alicia Santa Barbara Ca 93108
Patrick N 0 Day 7162 Ten PI. Carlsbad Ca 92009
C-a--y G & Abney 8282 Lankin St Dcwney, Ca 90242
Leta Laborde P 0 Box 691 Mill Valley Ca 94942
Elia Lerinan 223 22Nd St De1 Mar Ca 92014
David Yung Chi&Enchia S Wu Thomas W&Michelle Wemers 2152: Palermo 7595 Navigator Cirlce Tustin Ca 92680 Carlsbad Ca 92009 ;
Stephen M Novak 7597 Navigator Cir Carlsbad Ca 92009
Cindy L H&i& 602 Navigator Ct Carlsbad Ca 92009
David B Farr 604 Navigator Ct Car&bad Ca 92009
Rosalena Owners Assn Inc P 0 Box 230490 Encinitas Ca 92023
Jeff'rey A&Cynthia S MC Gee 606 Navigator Ct Carlsbad Ca 92009
Robert C Wiltse 608 Navigator Ct ; Carlsbad, Ca 92009
Eome Savings Of Ameris P 0 Box 5300 I,ri.ndale Ca 91706
Larry H&Alice M Baker 614 Navigator Ct Carlsbad Ca 92009
.’ - Thomas B&Marlene F Hanson 512 Navigator Ct larlsbad Ca 92009
Fred T&Sonia S Greene 616 Navigator Ct Carlsbad Ca 92009
.
Ken&ail K Lee 615 Navigator Ct Carlsbad Ca 92009
Michael G&Xelga E-Bar= P 0 Box 392 Sun Valley Id 83353
Lupe L House 613 Navigator Ct i Carlsbad Ca 92009
Charles E&Jackie Schai 516 Pacific Ave Solana Beach Ca 92075
Eayutin Family Trust 05-06 David A&Marlene F Int Hall 609 Navigator Ct 607 Navigator Ct Carlsbad Ca 92009 Carlsbad Ca 92009
.
* :_ . Richard B&Kelly A Hansezx 603 Navigator Ct : Carlsbad Ca 92009
Roy E&Ann-H Lange 7580 Navigator Cir Carlsbad Ca 92009
Shirin & Khatibi 2605 La Gran Via Carlsbad, Ca 92009
. . . . - . - . . . :. . : _. .-_v----. __ ._ _
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: . . . t ,. _... _. . . . : .-.;: . ._.. :. . ..‘;‘.-w’ -... . . . . : . : . .
M Kelly Rogers - 7578 Navigator Cir Carlsbad Ca 92009
Charles R&Nina J Sims 8130 La Mesa Blvd #195A La Mesa Ca 91941
Paul S&Teresa L Ho 7543 Navigator Cir Carlsbad Ca 92009
Yen Pei&Yuchih Tien Chu 3327 Rocking Horse Cir Encinitas Ca 92024
Patrick M&Debbie Sullivan 7531 Navigator Cir Carlsbad Ca 92009
James J&Lori D Heaivilin 7S25 Navigator Cir Carlsbad Ca 92009
American Savings B 540 E Main St Stockton, Ca 95202
Clarence E Donato 7548 Navigator Cir Carlsbad Ca 92009
_ -B7
.. -
Richard A&Noes H Lee - 7576 Navigator Cir Carlsbad Ca 92009
Steve V&Donna P Arnaudoff
13372 Keegan Pl San Diego Ca 92130
Clayton A Walters 3400 Avenue Of The Arts #Bll7 Costa Mesa Ca 92626
Greg R&Lisa A Haughey 7535 Navigator Cir Carlsbad Ca 92009
Sheng Chyi&Yu Chen Wu
1331 Knoll Dr Oceanside Ca 92054
- . .
Richard.M Wells .7523 Nakigator Ci Carlsbad, Ca 92009
*SEARCH COMPLETE. RECORDS READ: 86 RECORDS RETURNED: 86 LASTAPN: 216-452-14-00 COPYRIGHT TRW RED1 1988, 1
: 7 .- * Lawrence&Siow-Peon Es Poon P 0 Box 1256 La Jolla Ca 92038
>
-_ -;I e. . :=-,A i _-. --.. . . -
Louis F Torio 7574 Navigator Cir Carlsbad Ca 92009
Jack M&Carroll MC Eack 418 Lincoln Blvd Santa Monica Ca 90402
World Sav PO Box 5300 San Leandro, Ca 94S77
John R&Roberta C Kenz? 7533 Navigator Cir Carlsbad,Ca 92009
Robert F Haines 7527 Navigator Ci Carlsbad, Ca 92009
Jean M Moore 1281 Via Rafael San Marcos, Ca 92064
James L&Patricia A Gau 7552 Navigator Cir Carlsbad Ca 92009
$&l.sbad Ca 92009
. . . . ._ .’ .. ,..-..: 1: .------ - ._.’ ., .:’ ,. -1 . . ,,,.. _. ‘. . .: .,..... .--*..- .
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PGINSETTIA SHORES
PLANNING AREA A-3
600’ RADIUS MAP MAULING LABELS
--------------------------------------------------------------------------------
APN: 216-140-17-00 Situs: AVENIDA ENCINAS CARLSBAD 92008 +0kner: KAIZA POINSETTIA CORP Legal: T 11290 B L 1U Mail: 7220 AVENIDA ENCINAS #ZOO;CARLSBAD CA 92009-4661 Phone: Use: 20-VACANT - COMMERCIAL Zone: 6 Asd: $1,200,000 Imp: 0% Sale Date: 11/08/90 Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Blt: Rms:Bd Bth Tot Units: Lotsqft: A 6.229 Sqft: --------------------------------------------------------------------------------
APN: 216-140-18yOO Situs: AVENIDA ENCINAS CARLSBAD 92008
Legal: T 11290 B L 2u #2OO;CARLSBAD CA 92009-4661 Phone: - COMMERCIAL Zone: 6 Asd: $3,300,000 Imp: 0% 11/08/90 Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt:
Units: Lotsqft: A 17.100 Sqft: --------------------------------------------------------------------------------
Situs: WINDROSE CI CARLSBAD 92008 Legal: CARLSBAD TCT #82-18, 16.53 AC M/L IN PY 200;CARLSBAD CA 92009-4661 Phone:
- RESIDENTIAL Zone: 1 Asd: $3,700,000 Imp: 0% $26,7OO,OOOP Loan Amt: $30,000,000 Exempt:
Units: Lotsqft: A 16.529 Sqft: -------------------------------------------------------------------------------
WINDROSE CI CARLSBAD 92008 Legal: T 11616 B L 80 U f2OO;CARLSBAD CA 92009-4661 Phone: COMMERCIAL Zone: 6 Asd: $3,800,000 Imp: 0% 11/08/90 Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Units: Lotsqft: A 17.739 Sqft:
APN: 216-140-30-00 Situs: WINDROSE CI CARLSBAD 92008
mer: SEA BLUFF ASSOCIATES Legal: CARLSBAD TCT #85-14 PHASE #l, 5.58 AC !J!
Mail: 276 N EL CAMINO RBAL)OCEANSIDE CA 92054-1725 Phone:
Use: lo-VACANT - RESIDENTIAL Zone: 1 Asd: $986,007 Imp: 0% Sale Date: 11/15/78 Sale Amt: Loan Amt: Exempt: Blt: Rms:Bd Bth Tot Units: Lotsqft: A 5.579 Sqft:
Situs: WINDROSE CI CARLSBAD 92008 Legal: CARLSBAD TCT #85-14 PHASE #l, 34.68 AC #ZOO;CARLSBAD CA 92009-4661 Phone: COMMERCIALS Zone: 6 Asd: $4,900,000 Imp: 0% 11/08/90 Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Units: Lotsqft: A 34.679 Sqft:
Situs: WINDROSE CI CARLSBAD 92008
POINSETTIA CORP Legal: CARLSBAD TCT #85-14 PHASE #l, DOC87-631 ENCINAS P2OO;CARLSEAD CA 92009-4661 Phone: - COMMERCIAL Zone: 6 Asd: $200,000 Imp: 0%
Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Tot Units: Lotsqft: A 1.150 Sqft: --------------------------------------------------------------------------------
.
-i----------------------~------------------------------------------------------
WINDROSE CI CARLSBAD LOO9
Legal: T 11616 B L 3u CA 92009-4661 Phone: Asd: Imp: % Loan Amt: Exempt:
Lotsqft: A 10.919 Sqft: -------------------------------------------------------------------------------
CARLSBAD 92009
CARLSBAD TCT #85-14 PWSE #l, POR OF m; CA 92009-4661 Phone:
Zone: Asd: Imp: % 11/08/90 Sale Amt: Loan Amt: Exempt: Lotsqft: : Sqft: --------------------------------------------------------------------------------
APN: 216-420-01-00 Situs: NAVIGATOR CI CARLSBAD
mer: ROSALENA OWNERS ASSN INC T Legal: T 11616 B L 1u
Mail: 285 WINDROSE CIR;CARLSBAD CA 92009-5401 Phone:
Use: lo-VACANT - RESIDENTIAL Zone: 1 Asd: Imp: 0 9
Sale Date: 07/28/88 Sale Amt: Loan Amt: Exempt:
Blt: Rms:Bd Bth Tot Units: Lotsqft: A 3.219 Sqft: ____________________------------------------------------------------------------
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