HomeMy WebLinkAbout1996-04-09; City Council; 13594; Extend Tentative Map Poinsettia Hillcr- ’ OF CARLSBAD - AGEflA BILL “L9 ( ’ ~ j$#%L. 3. :-‘.’
AB # /<tsqY TITLE: REQUEST FOR A ONE YEAR
MT& 4-9-96 EXTENSION OF TIME FOR THE
DEPT. ENG TENTATIVE MAP FOR CARLSBAD TRACT 93-03
POINSETTIA HILL
D%PT. HD. k&6=-
CITY ATTY t-@@
CITY MGRe
RECOMMENDED ACTION:
Adopt Resolution No. ‘%- /aL granting a one year extension of time for the tentative
map for Carl&ad Tract 93-03, Poinsettia Hill, subject to the findings and conditions
contained therein.
ITEM EXPLANATION:
Dwight Spiers, owner, on January 22, 1996 requested an extension of time for Carlsbad
Tract 93-03, Poinsettia Hill, a tentative map for 184 condominium dwelling units. The project is located in Local Facilities Management Zone 21, on the north side of Cassia
Street and west of El Camino Real.
The tentative map was originally approved on April 5, 1994 in accordance with City Council
Resolution No. 94-93. The approval was for the standard two years, making the expiration
date of the tentative map April 5, 1998.
The request for an extension is due to the applicant’s inability to final the map because of
the unfavorable economic conditions of the past several years.
A mitigated negative declaration of environmental impacts for the project was published November 11, 1993. The project has been found to be in compliance with that declaration
and a notice of prior compliance has been issued.
FISCAL IMPACT:
No detailed economic analysis of this development was conducted. While increased operating expenses related to this development can be expected, these increases should
be offset by increased tax/fee revenues; however, an exact percentage was not calculated.
EXHIBITS:
Local Facilities Management Plan 21
Growth Control Point 8.0
Net Density 5.08
Special Facilities CFD No. I
1. Location map.
2. Resolution No. 9& - /aQranting a one year extension of time for the tentative map for Carlsbad Tract 93-03, Poinsettia Hill.
3. Application requesting extension.
4. A packet for reference, containing: a. City Council Resolution No. 94-93.
b. Planning Commission Resolution No. 3607.
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‘ROJECT NAME PROJECT EXHIBIT
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RESOLUTION NO. 9 6 - 12 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A ONE YEAR EXTENSION OF TIME FOR THE
TENTATIVE MAP FOR CARLSBAD TRACT 93-03, POINSETTIA HILL
WHEREAS, the City Council of the City of Carlsbad on April 5, 1994, adopted Resolution
No.9493 approving Tentative Map No. CT 93-03; and
WHEREAS, Tentative Map CT 93-03 would now expire April 5, 1998; and
WHEREAS, the applicant has been diligently pursuing those acts necessary to obtain a
final map; and
WHEREAS, the unfavorable economic conditions prevailing since the tentative map
was approved has prevented the applicant from completing the acts necessary to obtain a final
map; and
WHEREAS, the project can be found to be in conformance with the General Plan, current
City ordinances and current City policies with the imposition of the existing conditions; and
WHEREAS, both the applicant and the City wish to extend the map subject to and relying
upon conditions of approval.
NOW, THEREFORE, BE
California, as follows:
IT RESOLVED by the City Council of the City of Carlsbad,
1. That the above recitations are true and correct.
2. That with the conditions of approval now existing and contained herein, the design
and improvements of the subdivision are consistent with the General Plan, Tiles 20 and 21 of
the City of Carlsbad Municipal Codes, and any public facility or development policies in existence
at this time.
3. That Tentative Map CT 93-03 is hereby extended for one year until April 5, 1997,
subject to all of the conditions contained in Council Resolution Nos. 94-93 and Planning
Commission Resolution No. 3607 and based on the following findings:
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Findinas:
1. The City Council finds that:
a) the project is a subsequent development project as defined in Section 21083.3 of the
California Environmental Quality Act;
b) the project is consistent with the previously approved CT 93-03, Poinsettia Hill project;
c) there was a negative declaration approved in connection with CT 93-03, Poinsettia
Hill project;
d) the project has no new significant environmental effect not analyzed as significant in
the prior negative declaration;
e) none of the circumstances requiring Subsequent or Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist;
4. That this extension is approved in reliance upon said conditions of approval. Any legal
challenge or failure to perform the conditions of this and the above resolutions shall render this
approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 9th day of APRIL , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L RAUTEN ww
- ,-- /- , fi ,,&,; .+.,’ J,’ , ’ CITY OF CARLSBAD
ENGINEERING DEPARTMENT Tentative Map Extension Application
Exhibit 3
-0'23 HDP-93=C-2- FTojectId:CT 93-ce3qi SDP-%%32- Project Name: Poinsettia Hills
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. LOCatiOfl: Rant Sideof PI raminn !+&btWeenp~l-v 14 rnnr+ @$xf fr,fllrP r;rqn,a RA
(N/S/E/w) Street Name Street Name Street Name I
Description: Time extension of 'one Year for CT 93-03 SDP 93-02 CP 93-02
HDP 93-02 for a 160 unitcondomj
APPUCANT
.nium project-Poinsettia Hills
OWNER
Name: Jack Henthorn Name: Dwiqht Spiers
CompanyNo.: Jack Henthorn & Associates Address: 23 Corporate Plaza #139
Address: 5431 Avenida Encinas Suite J City, State,Zip Code: Newport Beach, CA 92660
City, State, Zip Code:Carlsbad, CA 92008 PhoneNumber: (714) 644-5719
Subdivision Type: Cond iminiums Number of Lots: 34 No. of D/U’s: 160
For CIW Use Only
Signature
I
Master Project ID:
ADDIication Status:
System Status
Project Category 1 Dare Assigned
I Land use Engineer
I Proiect Planner
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‘\ *;,.
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DATE STAMP RECEIVED’ ‘.
REV SW93
JA_r; HENTHORN & ASSOC:TES
5431 Avenida Encinas l Suite]
Carlsbad, California 92008
Fax (619) 438-0981
(629) 438-4090
January 18, 1996
Lyold Hubbs City Engineer 2075 Las Palmas Drive Carlsbad CA. 92009-1576
RE: Time Extension Request for Poinsettia Hills CT 93-03
Dear Lyold:
Attached you will find a completed application package for a request to extend the tentative map and related approvals for Poinsettia Hills. A one year time extension is being requested for Tentative Subdivision Map CT 93-03, Condominium Permit CP 93-02, Site Development Plan SDP 93-
02, and Hillside Development Permit HDP 93-02.
The 36 acre, 160 unit subdivision, was approved by the City Council on April 5th, 1994. The California Coastal Commission issued it's final Notice of Intent to Issue Permit on October 13, 1994.
The primary factor for the delay in filing for the final map can be attributed to the design changes the Coastal Commission imposed upon project. The design changes eliminated the road crossing over the SDG&E easement necessitating negotiation between the City of Carlsbad and Bridge Housing Corp. to resolve access and grading issues for the RV parking area.
A second factor for the delay in the recording of the final map has been the longer than anticipated time necessary to negotiate an agreement between three effected property owners on the alignment, and construction of Cassia Rd., which is required for secondary access.
Our Civil Engineer, Hunsaker t Associates, is diligently working on the necessary improvement and grading plans required to file the final map. The conforming mylar and a Substantial Conformity exhibit reflecting Coastal Commission changes have been submitted to the City for approval.
We would respectfully request that you forward a favorable recommendation to the City Council to extend the application package for Poinsettia Hills for one year.
I A b
Should you have any questions on our request, feel free to contact me at your convenience.
cc. Dwight Spiers Hunsaker 61 Associates
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FILF F,LC LIT:-: .
. FILE _I ,..
FILE . . _. _
m.
~a, Exhibw
RESOLUTION NO. 94-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 93-03), CONDOMINIUM PERMIT (CP 93-02), SITE DEVELOPMENT PLAN (SDP 93-02) AND HILLSIDE DEVELOPMENT PERMIT (HDP 93-02) FOR A 184 MULTIFAMILY RESIDENTIAL DEVELOPMENT ON 36.2 ACRES OF LAND GENERALLY LOCATED .75 MILES SOUTH OF PALOMAR AIRPORT ROAD AND .25 MILES WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 21. APPLICANT: POINSETTIA HILL CASE NO: CT 93-03/CP 93-02 SDP 93-02/HDP 93-02
WHEREAS, on January 5, 1994 the Carlsbad Planning:
Commission held a duly noticed public hearing to consider a'
proposed Mitigated Negative Declaration, Tentative Subdivision Map!
(CT 93003), Condominium Permit (CP 93-02), Site Development Plant
(SDP 93-02) and Hillside Development Permit (HDP 93-02) for a 1841
unit multifamily residential development and adopted Resolutions1
Nos. 3606, 3607, 3608, 3609 and 3610 respectively, recommending to\
the City Council that the Tentative Subdivision Map (CT 93-03),1
Condominium Permit (CP 93-02),. Site Development Plan (SDP 93-02);
and Hillside Development Permit (HDP 93-02) be approved; and 1 I
WHEREAS, the City Council of the City of Carlsbad, heldj
a public hearing on March 22, 1994 to consider the recommendations/
and heard all persons interested in or opposed to Mitigated/
Negative Declaration, Tentative Subdivision Map (CT 93-03),!
Condominium Permit (CP 93002), Site Development Plan (SDP 93-02)1 I
and Hillside Development Permit (HDP 93-02); and .
WHEREAS, the Planning Commission has determined that / 1
Tentative Subdivision Map (CT 93-03), Condominium Permit (CP 93-'
02) I Site Development Plan (SDP 93-02) and Hillside Developmenti . - . 4' Permit (HDP 93-02) will not have a significant impact on the
environment and the City Council has concurred, and a Mitigated I
1 Negative Declaration dated November 11, 1993 was -issued and
2 approved in satisfaction of the requirements of the City
31 Carlsbad Environmental Protection Ordinance of 1980 and the
4. California Environmental Quality Act: and
5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
6 City of Carlsbad, California, as follows:
7 1. That the above recitations are true and correct.
a 2. That the Mitigated Negative Declaration, Tentative
9 Subdivision Map (CT 93-03), Condominium Permit (CP 93-02), Site
10 Development Plan (SDP 93-02) and Hillside Development Permit (HDP
11 93-02) for this project are approved and that the findings and
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conditions of the Planning Commission contained in Resolutions Nos.
3606, 3607, 3608, 3609 and 3610, respectively, on file with the
City Clerk and incorporated herein by reference, are the findings
and conditions of the City Council with the following amended ;
new conditions:
a. Condition No. 32 of Planning Commission
Resolution No. 3607 is amended to read as follows:
"CT 93-03 is approved subject to the conditior that the construction of the local collector serving the Poinsettia Hill project shall include a connection to the existing unimproved access, as shown on Exhibits "Cl@ - "D@@, dated January 5, 1994, that allows circulation adequate for vehicles meeting Caltrans Highway Design Manual 407D. This interim pedestrian and vehicle ,accesh shall be provided via the 30' wide temporary access easement to bc offered on the Poinsettia Hill final map that will connect with the
30' wide temporary access easement located along the easterly boundary of Aviara Phase III, Lot 3. All temporary access easements shall remain in place until installation of the improvements described in Condition No. 79.
"Additionally, access for those agricultura: uses traveling to and from El Camino Real shall be maintainec throughout construction of the Poinsettia Hi13 project.',
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b. Condition No. 78 is added to Planning Commission
II Resolution No. 3607 to read as follows:
"78. Prior to approval of the final map the owner shall make an irrevocable offer of dedication to the City of; Carlsbad, Open Space District, or other similar entity designdteq by the City of Carlsbad, for a perpetual easement for public trails over, upon, and across the northerly portion of Lot 1. If the City of carlsbad accepts dedication of the trails easement, the Citd shall assume responsibility, maintenance, and liability of thi trails.,,
C. Condition No. 79 is added to Planning Commissior(
II Resolution No. 3607 to read as follows: I “79. Plans, specifications, and supportinq documents for the improvements mentioned below shall be prepared t the satisfaction of the City Engineer. Prior to approval of the 4 final map in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, the following improvements:
,,A,* Street shall be extended from the proposed end, shown on the tentative map, to a future intersection with Poinsettia Lane as shown on Exhibit HA@e attached hereto. Said extension shall be graded to full-width and constructed with an offsite 32' wide paved roadway, curb, gutter, and sidewalk on the northerly side, sufficient drainage control facilities as may be required and all sewer, water, and utility lines that would be underneath the paving. A minimum 42' right-of-way width shall be offered for dedication to the City for the improvements to be constructed and maintained.,
Installation of these improvements shall only be required at such time as Poinsettia Lane improvements are installed and functioning as an integral part of the circulation .system linking Poinsettia Hill with Aviara Oaks School. The developer may request a reimbursement agreement for design, right-of-
way, acquisition costs, grading and improvements associated with the off-site ',A,, * Street extension, with the exception of sewer and drainage facilities required to serve Poinsettia Hill."
II 3. This action is final the date-this' resolution .iS
adopted by the City Council. The provision of ChaptBje 1.16 of the
a &Id 22-r 98 8 uug duo UOUU *,ji at '$ aoa us $;w+
OZdU aaaa 05,
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Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party; or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City
, ,
/ / I I
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I / Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 5tk day of APRIL
1994, by. the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT:
ABSTAINED:
ATTEST:
ALETHA L. RAtiTENKRANZ, City Clerk (SE=)
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Exhibit 4B
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PLANNTNG COMMISSION RESOLUTION NO. 3607
A RESOLUTION OF THE PLANNING COMMISStON OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO SUBDMDE A
184 UNIT MULTIFAMILY RESIDENTLAL DEVELOPMENT ON
PROPERTY GENERALLY LOCATED 0.25 MILES WEST OF EL
CAMINO REAL AND 0.75 MILES SOUTH OF PALOMAR
AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE
21. CASE NAME: POINSETTIA HILL
CASE NO: CT 93-03
WHEREAS, a verified application for certain property to wit:
The northwest quarter of the southwest quarter of Section 23,
Township 12 south, Range 4 west, in the City of Carisbad, San
Diego County.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the Sth day of January, 1994,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon heating and considering ali testimony
and arguments, if any, of alI persons desiring to be heard, said Commission considered all
factors relating to CT 93-03; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as foUows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission recommends ~PRO’VAI, of CI’ 93-03, based on the following findings and subject
to the following conditions:
JSll~: . . . b’
1. The project is consistent with the City’s General Plan since the proposed density of
6.3 dus/acre is within the density range of 4 to 8 dus/acre spe’cified for the site as indicated on the Land Use Element of the General Plan.
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4.
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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.
The project is consistent with all City public facility policies and ordinances since:
a.
b.
C.
d.
The Planning Commission has, by inclusion of an appropriate
condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer
service remains available, and the Planning Commission 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.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be
required as conditions of approval.
The applicant has agreed and is required by the. inclusion of an
appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by
the General Plan.
The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential, planned industrial, and
community park development on the General Plan.
=projectl- i,ncoqmted suBAnt additional public facilities for the nine (9)
unitsinexcessoftllegrowthamtrolpointto ensure that the adequacy of the City&
public hcilities plans will not be hersely impacted,
T’&m bavle bmu sufficient development approved in the southwest quadrant at
densities below tk growth contml point so that approval will not result in
exceed@ the qua- limit of 12,859 dwelling units.
All ruicemy public facilities requkd by Chapter 21.90, the Growth Management
ordiMm$wlllbe -d and are guaranteed to be constructed coucurreutly
withthc~for~~t~bythisd~~andincompliancewiththe
adopted City Standank
This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director oti,November 11,
1993. In recommending approval of this Mitigated Negative Declaration the
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PC RESO NO. 3607 -2- 4
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9.
10.
Planning Commission has considered the initial study, the staff analysis, all required
mitigation measures and any written comments received regarding the significant effects this project could have on the environment.
This project is consistent with the City% Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 21.
The design of the subdivision will not conflict with easements or records of easements established by court judgement, acquired by the public at large, for access thmugll or use of property within the proposed subdivision.
Condition:
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Approval is granted for CT 93-03, as shown on Exhibits “A” - “NN”, dated January
5, 1994, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the tentative map as approved by the City Council. The tentative map shall reflect
the conditions of approval by the City. The tentative map copy shall be submitted
to the City Engineer and approved prior to building, grading, final map, or
improvement plan submittal, whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director prior
to the recordation of the final map. Said map shall show all lots and streets within
and adjacent to the project.
This project is also approved under the express condition that the applicant 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 C&bad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfrll the subdivideis agreement to pay the public
facilities fee dated March 19, 1992, a copy of which is on fle 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.
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 and sezvice and sewer facilities is
available at the time of application for water service and.sewer permits and will
continue to be available until time of occupancy. This note shall be placed on the
final map. . . . 4’
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
PC RESO NO. 3607 -3. 15 i
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The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
This project shall comply with all conditions and mitigation measures which ‘may
be required as part of the Zone 21 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
Approval of CX 93-03 will be null and void if the property subject to this approval is not annexed to $he City of Carl&ad Community Facilities District No. 1 within 60
days from the date of final City Council action. Additionally, annexation must occur
prior to the issuance of any grading, building or other permit.
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 property owner
shall pay a one-time special development tax in accordance with the City Council Resolution No. 91-39”.
Prior to the approval of the final map for any phase of this project, or where a map
is not being processed, prior to the issuance of building permits for any lots or units, the applicant shall enter into an Affordable Housing Agreement with the City to
either provide and deed restrict 24 dwelling units as affordable to lower-income
households for the useful life of the dwelling units or pay to the City an inclusionary
housing impact fee as an individual fee on a per market-rate dwelling unit basis.
Should the applicant choose to pay the inclusionaxy housing imPact fee, the site for the proposed affordable dwelling units shall be redesignated a remainder parcel and shall remain in au undeveloped state, subject to subsequent discretionary approval.
If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on
this project are challenged this approval shall be suspended as provided in
Govemment Code Section 65913.5. 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.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building
pexmit issuance.
Approval of CT 93-03 is granted subject to the approval of CP 93-02, SDP 93-02,
and HDP 92-04. CT 93-03 is approved subject to all conditions of approval for CP
93-02, SDP 93-02, and HDP 93-02, Planning Commission Resolution No’s. 3608,
3609, and 3610, incorporated herein by reference and on file in the Planning
Department.
The applicant shall establish a homeowne?s association and”~omspondi.ng
covenants, conditions and restrictions. Said CC&R’s shall be submitted to and
approved by the Planning Director prior to fin4 map approval, x
PC RESO NO. 3607 -4- [I ,
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The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director% approval prior to final map approval.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of grading
or building plans, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of #-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone 1
plants (see Landscape Manual) shall be limited to areas of special visual importance
or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation.
Prior to final occupancy, a letter from a Califomia licensed landscape architect shall
be submitted to the Planning Director certi@ing that all landscaping has been
installed as shown on the approved landscape plans.
Au herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
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.
Au sales maps that are distributed or made available to the public shall include but
not be limited to trails, future and existing schools, parks (which could include
lighting), and streets.
This project is being approved as a condominium permit.‘for residential
homeownership purposes. If any of the units in the project are rented, the
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minimum time increment for such rental shall be not less than 26 days. A condition
SO stating this shall be placed in the CC&R’s for the project.
Prior to the recordation of the first final tract map the owner of record of the
property within the boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of aircraft operating from McClellan-Palomar Airport in a manner meeting the approval of the
Planning Director and City Attorney. The applicant shall post aircraft noise
notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director.
Approval of CT 93-03 is subject to approval of the California Coastal Commission.
Any revisions that may be required by the Coastal Commission must be reviewed
an4 approved by the Planning Director and City Engineer prior to approval of any
final map, and may necessitate a formal amendment to this approval.
CT 93-03 is approved subject to the condition that the construction of the local
collector serving the Poinsettia Hill project shall include a connection to the existing, unimproved access, as shown on Exhibits “c’ - “D”, dated .Ja.nuary 5, 1994. In
addition, access for those agriculture uses traveling to and from El Camino Real
shall be maintained throughout construction of the Poinsettia Hill project, that
allows circulation adequate for vehicles meeting Caltrans Highway Design Manual
407D. Said access shall remain open for access until such time as alternate access
has been provided, subject to approval of the City Engineer and Planning Director.
Prior to issuance of a building petit, the applicant shall establish a process ta
notify, to the satisfaction of the Planning Director and City Attorney, all owners,
users and tenants of this project that: 1) this area is adjacent to industrial
operations; 2) the area may be subject to dust, pesticides, and odors associated with adjacent agricultural operations; and 3) the OWNS, and tenants o=uPY ark at their own risk..
. . . . !zlnw corKlltlons . .
34. Prior to approval of the first final map a secondary access shall be provided by
easements or guaranteed access rights in accordance with City Standards. A
reciprocal access and maintenance agreement shall be recorded to the satisfaction
of the City Engineer. The access may be for emergency use only.
3s. Prior to occupancy of any unit within the project the secondary access must be constructed and operational. This access may be for emergency use only.
36. Direct access rights for all lots abutting Street “A”‘shal1 be waived on the final map.
37. This project is located within the Mello II segment of the Local &astal Program. ’
All development design shall comply with the requirements of those plans.
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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.
This project is approved specifically as five (5) units for the purposes of recording. All public facilities needed to serve each unit and meet City Standards shall be
guaranteed for construction prior to recording of a final map for that unit.
If the applicant -chooses to construct out of phase, the new phasing must be reviewed and approved by the City Engineer and Planning Director.
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&R’s subject to the approval of the City Engineer prior to final map
approval.
A note to the effect of the following shall be placed on a separate sheet of the final map. AU improvements are private and are to be privately maintained with the
exception of the following:
A Street “A” and the public improvements therein and the water lines beneath
the private streets that serve fire hydrants.
A note shall be placed on the improvement plans stating which utilities are public
and which are private.
.All concrete terrace drains shall be maintained by the homeowneis 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&R%.
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. . . . r’
The applicant shall defend, indemnify and hold harmless the Citycand its agents,
officers, and employees from any claim, action or proceeding against the City or its
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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.
The applicant shall pay the current local drainage area fee prior to approval of the
final map for this project or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the City
Engineer.
Prior to approval of a final map the applicant shall pay all cturent fees and deposits
required.
The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property prior to approval of the.
final map for this project.
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 final map
approval, the applicant must submit and receive approval for grading plans in accordance with City Codes and standards. Prior to issuance of a building permit
for the project, a grading permit shall be obtained and grading work be completed in substantial conformance with the approved grading plans.)
The project is appmved on the 4th that exported graded materials will be placed on APN 215420-06 in a stockpile and used for completiop of grading for
Street”A”asapartofthegmdingpemitforthispmject. Thestockpilere@resthe
separate approval of Hillside Devel opment Permit No. 93-12, “Sikgola Stockpile”,
and this project shall conform to the Conditions and requirements placed on the
approval of HDP 93-12.
Priartoissrrtngagadingpcrmitforthisprojcct,approvalforastockpilepenniton
APN 215-020-06 by City Council shall be obtained.
The wces ramp6 dmwn on the site plans fix HDP 93-12 2md CX 9343, accessing
APN215-020-06, are fat tanparary af3xssandmaintenana? of the property and do
not repmsem an approval for fhure development of the site.
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, no grading permit will be issued.
In that case the applicant must either amend the tentative map or change the slope
so grading will not occur outside the project site in a manper which substantially
conforms to the approved tentative map as determined by the City Engineer and
Planning Director. . . 4’
prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and recejve apbroval from the
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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.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06.
The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit or final map whichever occurs first for this project. Each basin shall be serviced by
an all-weather access/maintenance road. This condition may be met ti basin(s)
guaranteed for construction by other projects located ofkite and downstream from
this project.
Additional drainage easements may be required. Drinage structures shall be
provided or installed prior to the issuance of 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 for this project. All land so offered
shall be granted to the City free and dear of all liens and encumbrances and without
cost to the City. Streets that are already public are not required to be rededicated.
The~~~showaanshatsix(6)ofthetentativemapshallbeoff~
for dedication as a public street on the final map.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of
the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
The drainage system shall be designed to ensure that runoff resulting from lo-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are
equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall
be analyzed to determine the detention basin capacities necessary to accomplish the
desired results prior to (final map approval) issuance of-building or Fding permits
whichever occurs first.
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The applicant shah comply with the City% requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
scharge to sensitive areas. Plans for such improvements shah be approved by the’ City Engineer prior to approval of final map, issuance of grading or building permit,
whichever occurs first.
Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applictit shall install, or agree to install
and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements:
PRIOR TO APPROVtNG THE FIRST PINAL MAP:
k Street “A” within the subdivision boundaries and adjacent to the southern
subdivision boundary shall be constructed to full width public local street
standads. Sidewalks and strew lights may be omitted on the south side. A
separate righhvay dedication from APN 21542046 is required in order
for this coIldition to be met.
B. Street “A” fkm El Camino Real to the subdivision bomhries shall be
constNctedwithbalfstrca impfo vements plus 12 feet of paving based on a right-of-way width of 60 feet and a roadway width of 40 feet.
c. Afitlly~cactuatedsignalatElCamiM~andStreet”A”andnecessary
median improvemen tstothesatisfktionofthecityEh@eer. ffthissignal
andmedianimprovemen~are consWwtedbyothe35thent.hisprojectshall
payitsproratashareofthoseim~. The City may enter into a . ~agrwuentfotportionsofthissigML tntheeventthis
projectconstructsthissigaazotherpx@ect3shallrehbunetheirpn3rata
sham.
D. AUofHtestormdrainqaUweather~and eascmentsaS~Yberequired
bytkcity~.
A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
prior to a+ of a final map for any Unit within the subdivik$the developer
Shdpreparcimprovement plans and pay the appropriate plan chfxk fees for aU
public improvements needed to sez~e that Unit in accordance $th City Standards.
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67. Prior to approval of the first final map, the developer shall pay or enter into an
agreement with the City to pay an appropriate share of the costs for the construction of Poinsettia Lane as may be determined as being required for this project consistent with the requirements of the Zone 21 Local Facilities Management
Plan and any amendments thereto.
Fire Conditions:
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Prior to the issuance of building permits, complete building plans shall be approved by the Fire Department.
Additional onsite public water mains and fire hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants.
The plan should include off-site fire hydrants within 200 feet of the project.
Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval.
An all-weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the
Fire Chief, the access road has become unsenriceable due to inclement weather or
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
All required weather mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
Native vegetation which presents a f?re hazard to structures shall be modified or
removed in accordance with the specifications contained in the City of Carlsbad
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Fire Department for approval.
. . Water District a . .
7s. The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met.
76. The developer will be responsible for all fees and deposits plus the major facility
charge v&.kh will he collected at time of issuance of building permit. The developer
shall pay a San Diego County Water Authority capacity charge which will be
collected at issuance of application for meter installation. *
77. Sequentially, the Developeis Engineer shall do the following: * ’
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k Meet with the City Fire Marshal and establish the fire protection
requirements . ’
B. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
C. Schedule a meeting with the District Engineer for review, comment and
approval of the preliminary system layout usage (G.P.M. - E.D. U.) plan for
potable, reclaimed and sewer systems prior to the preparation of improvement plans.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning .
Commission of the City of Carlsbad, California, held on the 5th day of January, 1994, by
the following vote, to wit:
AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Savary
& Hall.
NOES: Commissioners: Erwin 81 Welshons.
ABSENT: None.
ABSTAIN: None. d
CARLSBAD PLAkNING COMMISSION
ATTEST:
PLANNING DIRECrrOR
PC RESO NO. 3607 -12.
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April 18, 1996
Mr. Jack Henthorn Jack Henthorn & Associates 5431 Avenida Encinas, Suite J Carlsbad, CA 92008
Re: Carlsbad Tract 93-3 - Poinsettia Hill
The Carlsbad City Council, at its meeting of April 9, 1996, adopted Resolution No. 96-122, granting a one year extension of time for the tentative map for Carlsbad Tract 93-3, Poinsettia Hill.
Enclosed is a copy of Resolution No. 96-122 for your files.
KRR:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808