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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. 1 PO’ Sl ‘ROJECT NAME PROJECT EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: I// 2 - ’ 1 2 3 4 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 . 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 ‘. ‘\ *;,. ,’ ; 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 -7 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -28 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 12 9 a, %g” A- 7 3: 8 13 ilL0 0) UOU< 14 m,jz at sa 000s 1.5 <,a: i$#z;' 16 t 0s 68% t- 17 6 d ia 19 20 21 22 23 24 25 26 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.', 27 ?a 2 . . . 4’ \ n .:* . ’ . 1 l 2 . 4 5 6 10 11 18 19 20 21 22 23 24 25 26 27 28 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, 589 t- 6 5 1 2 3 4 5 6 7 8 9 10 11 72 13 74 1.5 76 17 78 79 20 21 22 23 24 25 26 27 28 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 . i 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=) 4 . . . 4’ \ ‘* . * i . . , ( cll 5’ 0 (I) )“I-- 5 ‘1 i f [s I 4 aek ‘E Q w v) t 0 PC ** ‘, . . 0 ’ *.‘I, / ’ . -1 \ . . . . 4’ Exhibit 4B 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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. 13 1 2 3 4 5 6 7 a 9 1C 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 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 i , . . PC RESO NO. 3607 -2- 4 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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: 1. 2. 3. 4. 5. 6. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. 15. 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 , 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ” --- 25 26 27 28 16. 17. 18. 19. 20. 21. 22. 23. 24. 2s. 26. 27. 28. 29. 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 4 PC PESO NO. 3607 -5 ‘* . n 1-Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 21 24 _/ -m 25 26 27 28 30. 31. 32. 33. 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. \ .‘* . PC RESO NO. 3607 -6- I8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 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 PC RESO NO. 3607 -7- I9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48. 49. 50. 51. 52. 53. 54. 55. 56. 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 PC RESO NO. 3607 -8. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 57. 58. 59. 60. 61. 62. 63. . . . 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. PC BESO NO. 3607 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 64. 65. 66. 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. PC RESO NO. 3607 -lO- 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 68. 69. 70. 71. 72. 73. 74. 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: * ’ \ ., . . ‘I . PC RESO NO. 3607 -ll- 23 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 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. . . . 8’ \ ‘I . * 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