HomeMy WebLinkAbout1998-07-28; City Council; 14789; OCEAN BLUFF - CT 93-09A|HDP 93-09A|CDP 97-54AB# 14,789
MTG. 7/28/98
DEPT. PLN &
RECOMMENDED ACTION:
The City Council ADOPT Resolution No. 98-255 APPROVING CT 93-09(A), HDP 93-09(A),
and CDP 97-54.
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TITLE:
OCEAN BLUFF -
CT 93-09(A)IHDP 93-09(A)ICDP 97-54
CITY MGR~
ITEM EXPLANATION:
On June 17, 1998, the Planning Commission conducted a public hearing to review a revised
tentative map, hillside development permit amendment, and coastal development permit for the
Ocean Bluff single family subdivision which was approved by Council on April 2, 1996. The
project is located at the northwest corner of future Black Rail Road and Poinsettia Lane in the
Zone 20 Specific Plan area. No public testimony was given by citizens at the hearing. The
Planning Commission recommended approval (6-0) of CT 93-09(A), HDP 93-09(A), and CDP
97-54 to allow the revised subdivision, building placement, and architecture of single family units
on each lot.
The approved 1996 Ocean Bluff project consisted of 92 standard single family lots, a multi-family
lot with a 16 unit affordable apartment project to satisfy inclusionary housing requirements, and
a 3 acre open space lot. The tentative map was conditioned to require the developer to revise
the map if Council approved an option to purchase credits in the Villa Loma project in lieu of
constructing the onsite affordable apartment project. To ensure consistency with the Zone 20
Specific Plan and Hillside Development architectural guidelines, the approved hillside
development permit was conditioned to require subsequent approval of building placement and
architecture prior to building permit issuance of single family units.
In accordance with Council’s subsequent 1997 approval to allow the applicant to purchase
affordable housing credits off-site in the Villa Loma project, the proposed tentative map revision
deletes the affordable housing lot and subdivides it into 4 additional single family lots. This
action increases the number of single family lots from 92 to 96 and reduces the total number of
units from 108 to 96. Other onsite revisions include minor grade changes and redirecting a
sewer line due to the final design of Black Rail Road along the project’s eastern boundary.
The 1996 project was conditioned to construct the northern half of Poinsettia Lane between
Aviara Parkway and A Street to provide access to the project. In accordance with a
reimbursement agreement approved by Council, the revised project has been conditioned to
construct additional off-site improvements not required by the subdivision including grading
Poinsettia Lane to its full width from Aviara Parkway to Black Rail Road. The developer has also
agreed to construct potable and reclaimed water mains within the Poinsettia Lane right-of-way
and to construct a deeper sewer line in Street A to accommodate the adjacent property. The
Water District and developer will execute a reimbursement agreement for the additional cost of
these improvements.
ENVIRONMENTAL REVIEW:
Additional environmental impacts beyond those analyzed and mitigated by the Zone 20 Final
PAGE 2 OF AGENDA BILL NO. 149789
Local Facilities Management Zone
Growth Control Point
Environmental Impact Report (EIR 90-03) would not result from implementation of the revised
project; therefore this project qualifies as subsequent development to both the Zone 20 EIR and
the City’s MEIR. The Planning Director issued a Notice of Prior Environmental Compliance on
May 8, 1998, and the applicable mitigation measures of EIR 90-03 are included as conditions of
approval for the project. Mitigation conditions include the purchase of credits in an off-site
habitat mitigation bank and/or revegetation at an off-site location within Zone 20 for impacts to
coastal sage scrub habitat and southern maritime chaparral resulting from grading necessary to
construct Poinsettia Lane (Reach I I).
20
3.2
GROWTH MANAGEMENT STATUS:
Net Density
SDecial Facilities
I Facilities Zone I 20 I
3.2
CFD No. 1
FISCAL IMPACT:
No fiscal impacts will result from the project since it is consistent with the Zone 20 Local
Facilities Management Plan which ensures that all public facilities required to serve the project
will be provided in accordance with the Growth Management Plan. The approved Poinsettia
Lane reimbursement agreement provides funding for Reaches I and II of the roadway from the
Bridge and Thoroughfare District No. 2 in which the necessary funds are available. The
reimbursement agreements for the water mains and deeper sewer line will ensure payment
through exaction of fees for the sewer line improvement from Zone 20 property owners prior to
development of their property.
EXHIBITS:
1. City Council Resolution No. 98-255
2. Location Map
3. Planning Commission Resolutions 431 8, 431 9, and 4320
4. Planning Commission Staff Report, dated June 17, 1998
5. Excerpt of Planning Commission Minutes, dated June 17, 1998.
f.
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RESOLUTION NO. 98-255
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE MAP
REVISION, HILLSIDE DEVELOPMENT PERMIT AMENDMENT,
AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE 96
SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT ON
PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF FUTURE POINSETTIA LANE AND BLACK RAIL
ROAD.
CASE NAME: OCEAN BLUFF
CASE NO.: CT 93-09(A)/HDP 93-09(A)/CDP 97-54
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on June 17, 1998, the Planning Commission held a duly noticed
public hearing to consider a Tentative Map Revision (CT 93-09(A)), Hillside Development
Permit Amendment (HDP 93-09(A)), and Coastal Development Permit (CDP 97-54) for project
development of 31.2 acres of land and adopted Planning Commission Resolution No. 4318,
431 9, and 4320 respectively, recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 28th day of
July I 1998, held a public hearing to consider the recommendations and heard all
persons interested in or opposed to CT 93-09(A), HDP 93-09(A), and CDP 97-54.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of
the Tentative Map (CT 93-09(A)) is adopted and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 4318 on file with the City Clerk
and incorporated herein by reference are the findings and conditions of the City Council.
3. That the recommendation of the Planning Commission for the approval of
the Hillside Development Permit Amendment (HDP 93-09(A)) is adopted and that the findings
and conditions of the Planning Commission contained in Planning Commission Resolution No.
4319, on file with the City Clerk and incorporated herein by reference, are the findings and
conditions of the City Council.
4. That the recommendation of the Planning Commission for the approval of
the Coastal Development Permit (CDP 97-54) is adopted and that the findings and conditions of
d
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the Planning Commission contained in Planning Commission Resolution No. 4320, on file with
the City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
5. This action is final the date this resolution is adopted by the City Council.
The provisions of Chapter 1.16 of the 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 nineteenth 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 deposit in
an amount sufficient to cover the estimated cost or 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 Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 28th day of July , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ATTEST:
ALETHA L. RAUiENKmNZ, City Clerk 1
(SEAL)
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\ \ \
OCEANBLUFF
CT 93=09(A)/HDP 93=09(A)/
CDP 97-54
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PLANNING COMMISSION RESOLUTION NO. 4318
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A REVISION TO CARLSBAD TRACT
NUMBER CT 93-09 TO ALLOW MINOR GRADING
CHANGES, A SEWER REALIGNMENT, THE SUBDIVISION
OF THE AFFORDABLE HOUSING LOT INTO 4 SINGLE
FAMILY LOTS, GRADING OF OFF-SITE POINSETTIA LANE
REACH I TO FULL WIDTH RIGHT-OF-WAY, AND THE
ADDITION OF OFF-SITE POINSETTIA LANE REACH II TO
FULL WIDTH RIGHT-OF-WAY ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FUTURE
POINSETTIA LANE AND BLACK RAIL ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: OCEAN BLUFF
CASE NO.: CT 93 -09(A)
WHEREAS, Catellus Residential Group, Inc., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Catellus Residential Group,
Inc., “Owner”, described as
Parcel B in Certificate of Compliance recorded on March 11,
1997 as File No. 1997-0106631 of official records of San Diego
County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Revised
Tentative Tract Map as shown on Exhibit(s) “A” - “2” dated June 17,1998 which supersedes
Exhibits “A” - “N” dated December 20, 1995, on file in the Planning Department, OCEAN
BLUFF, CT 93-09(A) as provided by Section 20.12.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of June, 1998, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
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WHEREAS, on April 2, 1996, the City Council approved, CT 93-09, as
described and conditioned in Planning Commission Resolution No. 3869.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of OCEAN BLUFF, CT 93-09(A) based on the
following findings and subject to the following conditions:
Findinps:
1. All findings of Planning Commission Resolution No. 3869 for CT 93-09 shall apply
to CT 93-09(A) except Findings No. 11, 12, and 15 which are deleted and Findings
No. 4a, d, e, 13, and 14 which are modified herein by findings 5a, 5b, 5c, 6 and 7
respectively.
2. That the proposed map revisions and the proposed design and improvement of the
subdivision as conditioned, is consistent with and satisfies all requirements of the General
Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
the State Subdivision Map Act, and will not cause serious public health problems, in that
it is a standard single family residential subdivision in which lots exceed the
required minimum 7,500 square feet and lots are configured in accordance with R-l
standards, local streets and Poinsettia Lane Reaches I and II have adequate public
rights-of-way and are designed to City standards with curbs, gutters, sidewalks, and
public utilities, street lights, and fire hydrants.
3. That the proposed project revisions are compatible with the surrounding future land uses
since surrounding properties are designated for Residential Low-Medium (RLM)
density development on the General Plan, in that the revised project density of 3.2
dwelling units per acre is consistent with the RLM General Plan designation.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the 96 lot standard R-l subdivision is consistent with all applicable
Zoning regulations for single family lots and Carlsbad Municipal Code regulations
for subdivision design.
5. The Planning Commission finds that the project, as conditioned herein for the tentative
map revision, is in conformance with the Elements of the City’s General Plan, based on
the following:
’ PC RESONO. 4318 -2-
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a) Land Use - the revised project density of 3.2 dwelling units per acre is within
the 0 - 4 du/acre density range specified for the site on the General Plan Land
Use Map and consistent with the Growth Control Point of 3.2 du/acre for the
RLM land use designation.
b) Housing - the subdivision of Lot 93 (approved with a 16 unit affordable
housing apartment project which satisfied the Ocean Bluff project’s
inclusionary housing requirement) into 4 single family R-l lots is consistent
with City Council approval on December 2, 1997 to satisfy the project’s
inclusionary housing obligation through the purchase of credits in the Villa
Loma affordable housing project and Condition No. 23 of Resolution No.
3869 for CT 93-09.
Cl Open Space and Conservation - The project will preserve in open space the
only areas of 25%+ slopes which is consistent with Policy C.2. calling for
assurance that development on hillsides relates to the slope of the land in
order to preserve the integrity of the hillsides and Policy C.5 requiring that
valleys (ravines) be designated for open space. With regard to greenways
and trails, the project will offer for dedication a 20’ wide trail easement
within a 40’ wide landscaped open space easement along Poinsettia Lane
consistent with Policies C.3 and C.5 requiring an irrevocable offer to dedicate
a permanent easement for trailways where trails are proposed as part of the
Carlsbad Trail System and greenway linkages.
Native habitat impacts onsite have been reduced and/or mitigated by the
preservation of the only steep slopes possessing native habitat located onsite.
Although the construction of off-site Poinsettia Lane Reach I to the west
from “A” Street to Alga Road and the construction of “A” Street between
the project’s southwestern boundary and Poinsettia Lane will result in
impacts to a single pair of gnatcatchers and approximately 4 acres of Diegan
coastal sage habitat, the impacts due to the roadway alignment are
unavoidable and have been mitigated through the purchase of credits in the
Carlsbad Highlands mitigation bank at a 2:l ratio based upon City Council
approval and issuance of a 4d permit on March 10,1998.
The full width right-of-way improvements to Poinsettia Lane Reach II
between Street “A” and Black Rail Road will result in impacts to .35 acres of
disturbed and sagebrush dominated coastal sage scrub habitat and .45 acres
of southern maritime chaparral which will be mitigated through the
purchase of credits in an off- site habitat mitigation bank and/or revegetation
at an off-site location approved by the responsible agencies.
The Poinsettia Lane and Street “A” alignments are consistent with the Zone
20 biological mitigation and open space preservation regulations, and the
coastal sage scrub habitat loss is consistent with the HMP as follows:
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0 The construction of Poinsettia Lane and Street “A” will not preclude
connectivity between core areas since they are not located within a
core area, and are not a part of a linkage area;
ii) The habitat loss will not preclude or prevent the preparation of the
Carlsbad HMP in that the area is not a part of a core area or linkage
area:
iii) Mitigation for the loss of coastal sage scrub has been accomplished for
Poinsettia Lane Reach I between Aviara Parkway and Street “A”
through acquisition of habitat credits at a 2:l ratio as discussed
above. Mitigation for the loss of coastal sage scrub habitat and
southern maritime chaparral for Poinsettia Lane Reach II between
Street “A” and Black Rail Road will be mitigated through the
purchase of habitat credits in an off-site bank and/or revegetation at
an off-site location upon approval of the City, USFWS, and CDFG.
The loss of habitat will therefore not appreciably reduce the likelihood
of the survival or recovery of the gnatcatcher;
iv) The habitat loss for Poinsettia Lane Reach I, for which mitigation is
complete, is located in a disturbed and partially disturbed canyon
area which will be isolated by Poinsettia Lane, the Aviara
development to the south, and continued agricultural uses to the east
and west. The habitat loss for Poinsettia Lane Reach II is surrounded
by disturbed areas resulting from residential and agricultural uses;
therefore, large blocks of habitat will not be lost and fragmentation
will not occur; and
V j The habitat area being impacted is somewhat isolated by surrounding
agricultural uses and development, and it is located within the
alignment of a major circulation element roadway providing primary
access to the proposed Ocean Bluff subdivision as well as other
properties in the Zone 20 Specific Plan area.
6. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that the project
will not preclude the provision of performance standard open space at buildout of
Zone 20; the project is conditioned to provide for all necessary public facilities prior
to final map approval; and the revised tentative map improvements include
Poinsettia Lane Reaches I and II, a major circulation arterial roadway required by
the Zone 20 LFMP.
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7. The project is consistent with the Zone 20 Specific Plan general provisions and
provisions specific to Area C in that it is a single family residential development
designed in accordance with architectural regulations and standards.
8. The revised subdivision map generally conforms to the street and lot configuration
shown on the approved tentative map. Previously, Lot No. 93 was reserved as an
Inclusionary Housing site. Since inclusionary housing obligations are being met by
other means, Lot No. 93 is being divided into four standard single family lots in
accordance with the approved tentative map conditions of approval.
9. The revised subdivision still includes one contiguous area consisting of the entire
original subdivision.
10. The revised tentative map contains all of the required information which must be
included on tentative maps filed pursuant to CMC Chapter 20.12, adjusted to reflect the
revisions for this tentative map amendment. The map revisions generally conform to the
original tentative map.
11. The proposed tentative map revision was filed within 18 months after the approval of the
original tentative map, in conformance with CMC Section 20.12.120(3)(c).
Conditions:
1.
2.
3.
4.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
CT 93-09(A) is subject to all bbPlanning” and “Fire” conditions contained in
Planning Commission Resolution 3869 for CT 93-09 on file in the Planning
Department and incorporated herein by reference except Conditions No. 23,24,31,
and 44 which are no longer applicable and Conditions No. 6, 10, 11, 12, and 33
which are modified herein by Conditions 4,6,8,9 and 7 respectively.
Approval of CT 93-09(A) is granted subject to approval of HDP 93-09(A) and CDP
97-54.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfil1 the subdivider’s agreement to pay the public
facilities fee dated October, 1997, a copy of which is on file with the City Clerk and is
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5.
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.
Pursuant to the Interim Take provisions of the 4d Rule applicable to coastal sage
scrub habitat (CSS), the developer will be required to mitigate impacts to .35 acres
of CSS resulting from the Poinsettia Lane Reach II alignment. Prior to the issuance
of a grading permit for Poinsettia Lane Reach II, the developer shall mitigate the
loss of .35 acres of CSS at a 2:l ratio and .45 acres of southern maritime chaparral
(SMC) at a 1:l ratio in an off-site habitat mitigation bank and/or revegetate in
accordance with the Zone 20 Specific Plan at an off-site location upon approval of
the City of Carlsbad, USFWS, and CDFG.
6. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. The CC&Rs shall include conditions guaranteeing that
the HOA shall maintain all natural open space and slope maintenance easements
and offsite manufactured slopes shown on the approved tentative map/landscape
plan. Said CC&Rs shall be submitted to and approved by the Planning Director prior to
final map approval. Prior to issuance of a building permit the Developer shall provide the
Planning Department with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the Planning Director. At a minimum,
the CC&Rs shall contain the following provisions:
General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest;
b) Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
.carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause‘ such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
4 Snecial Assessments Levied bv the Citv. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
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against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
7. Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the Tentative
Map, Exhibit “A”, within Lot(s) 78, 79, 80, 81, 82, 83, 84, and 86. If the City of
Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public
trail and will be the maintenance and liability responsibility of the City of Carlsbad. If
the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be
constructed but it shall be constructed as a private trail and shall be the maintenance and
liability responsibility of the Homeowner’s Association.
8. Concurrent with the issuance of the final map, a maintenance easement to the
Homeowner’s Association shall be recorded over the manufactured slopes of Lots
87,94 - 96, and Lots 5,15,16,17,18,19,20, and 21 abutting Open Space Lot ‘(A”
and the area within the 40 foot landscaped setback of Lots 78,79,80,81,82,83,84,
and 86.
9. Prior to the approval of the final map , the developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successor’s in interest that the
City of Carlsbad has issued a revised tentative map (CT93-09(A)) a 96 lot residential
subdivision on the real property owned by the developer. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the developer or successor in interest.
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EnPineering:
NOTE 1: Unless specifically stated in the condition, all of the following engineering conditions,
upon the approval of this proposed tentative map amendment, must be met prior to approval of
a final map.
NOTE 2: The Engineering Conditions of Approval which are included in approved
Planning Commission Resolution 3869, are still applicable and still must be satisfied,
except Conditions 49a and d, 50 and 55 which are deleted, and Conditions 45,61,51 and 56
which are modified herein by Special Engineering Conditions 16, 17 & 18, 19 and 20
respectively.
General:
10. Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
11. All concrete terrace drains shall be maintained by the homeowner’s association (if on
commonly owned property) or the individual property owner (if on an individually
owned lot). An appropriately worded statement clearly identifying the responsibility
shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map.
12. The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards and shall record the following statement on the
Final Map (and in the CC&Rs).
“NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level or vegetation having a canopy of less than 8 feet high shall be placed or
permitted to encroach within the area identified as a sight distance corridor in
accordance with City Standards. The underlying property owner shall maintain this
condition.”
Fees/Agreements:
13. The developer shall pay all current fees and deposits required.
Dedications/Improvements:
14. Drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not provided, shall be designed and incorporated into the
grading/improvement plans for the project. These end treatments shall be designed so as
to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
as a method of preventing vegetation growth directly in front of the pipe outlet, to the
satisfaction of the Community Services Director and the City Engineer.
PC RESO NO:43 18 -8-
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Final Map Notes:
15. Geo-technical Caution:
4 The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance; and
4 “NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches
above the street level or vegetation having a canopy of less than 8 feet high
shall be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standards. The underlying property
owner shall maintain this condition.”
Special Engineering Conditions:
General:
Note: The following additions, deletions, replacements pertain to Planning Commission
Resolution No. 3869.
16. Engineering Condition of Approval No. 45 is hereby deleted and replaced with the
following:
bbThere shall be one final subdivision map recorded for this project.”
Grading:
17. Engineering Condition of Approval No. 61 is hereby deleted and replaced with the
following:
“Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. The developer must
submit and receive approval for grading plans in accordance with City Codes and
Standards prior to issuance of any building permit for the project.”
18. The “Note” included in Engineering Condition of Approval No. 61 is hereby deleted
and replaced with the following:
“Prior to the issuance of a grading permit, the developer shall submit proof that a
Notice of Intention has been submitted to the State Water Resources Control
Board.”
19. Engineering Condition of Approval No. 51 is hereby deleted and replaced with the
following:
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“Prior to issuance of building permits, the developer shall underground all existing
overhead utilities alone and within the subdivision boundary.”
20. Engineering Condition of Approval No. 56 is hereby deleted and replaced with the
following:
bbPlans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. In accordance with applicable
Water District and City Standards, the developer shall install, or agree to install and
secure with appropriate security as provided by law, improvements shown on the
tentative map, as set forth below:
a) Poinsettia Lane, from Aviara Parkway to Black Rail Road, as follows:
0
ii)
iii)
iv)
full Major Arterial (102’ right of way) grading;
two 18’ travel lanes;
unimproved 18’ raised median;
5’ minimum width asphalt/concrete (A/C) sidewalk (one side
Reach I only);
9 any required transitions to existing grading and improvements at
the Poinsettia Lane/Aviara Parkway intersection;
vi) any required transitions at the Poinsettia Lane/“A” Street
intersection;
vii) any required transitions to the grading and improvements at the
Poinsettia Lane/Black Rail Road intersection; and
viii) all subsurface utility improvements.
b) Poinsettia Lane “on-site”, as follows:
0 full Major Arterial (102’ right of way) grading;
ii) full Major Arterial travel lanes;
iii) fullv imuroved 18’ raised median;
iv)
VI
vi)
5.5’ concrete sidewalk,
street light standards;
any required transitions to the grading and improvements at the
Poinsettia Lane/Black Rail Road intersection; and
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vii) all subsurface utility improvements.
cl Traffic signal at the “A” Street (Brigantine Road)/Poinsettia Lane and
Black Rail Road/Poinsettia Lane intersections.*
* The developer shall enter into a secured agreement with the City
guaranteeing the subdivision’s pro-rated share of the design and
construction cost for the future installation of City standard trafftc
signals based upon the project’s share of average daily traffic (ADT)
which utilize the intersections and which will benefit from the traffk
signals.
d) Full local street improvements to “B, F and a portion of D & G” Streets,
to a 60’ right of way/40’ curb to curb width, including street light
standards, concrete sidewalks and all subsurface utility improvements.
4 Full cul-de-sac street improvements to “C, E, H and a portion of D & G”
Streets, to a 56’ right of way/36’ curb to curb width, including street light
standards, concrete sidewalks and all subsurface utility improvements.
0 Partial local “off-site” street improvements to “A” Street, as follows:
0 minimum of 32’ of A/C paving (one-half street, plus 12’);
ii) minimum 5.5’ concrete sidewalk,
iii) minimum grading of 42’ width;
iv) street light standards; and
V) all subsurface utility improvements.
g) Partial local “on-site” street improvements to Black Rail Road, as
follows:
0 full Local Street (60’ right of way) grading;
ii) minimum of 32’ of A/C paving (one-half street, plus 12’);
iii) minimum 5.5’ concrete sidewalk;
iv) street light standards; and
VI all subsurface utility improvements.
h) Partial local “off-site” street improvements to Black Rail Road, from
Poinsettia Lane to existing Aviara Parkway, as follows:
0 full Local Street (60’ right of way) grading;
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ii) minimum of 28’ of A/C paving; and
iii) all subsurface utility improvements.
0 A list of the above improvements shall be placed on an additional map sheet
on the final map per the provisions of Sections 66434.2 of the Subdivision
Map Act. Improvements listed above shall be constructed within 18 months
of approval of the secured improvement agreement or such other time as
provided in said agreement.”
21. The developer is eligible for fee credits and/or reimbursement of that portion of the
Poinsettia Lane improvements constructed by the developer which are included in
the project description for Bridge and Thoroughfare District No. 2 (Aviara Parkway
- Poinsettia Lane) pursuant to the provisions of the fee study report for the district.
Prior to final map approval the developer shall enter into a reimbursement
agreement with the City in accordance with terms and conditions as may be
approved by the City Council.
22. A typical plan view retaining wall detail shall be added to the “Typical Lot
Drainage” detail on sheet 2 of 6 of the tentative map indicating that a 5’ minimum
width shall be held from the face of any structure to the face of.any retaining wall,
and a 3 ft. minimum width shall be held from the face of any structure to the flow
line, regardless of the height of the proposed wall. This shall be shown on the
conforming mylar tentative map; and
23. The following shall be added as “General Design Note” #17, on sheet 1 of 7 of the
conforming mylar tentative map: “Any retaining walls which are added shall be
located a minimum of 5’ away from any structure. This 5’ distance shall be
measured from the face of the retaining wall to the face of any structure. A
minimum of 3’ shall be held from the face of any structure to the flow line. These
requirements shall apply regardless of the height of any proposed retaining wall and
shall be approved by the City Engineer, prior to building permit issuance.”
Water:
Note: The Water conditions contained in Resolution No. 3869 are superseded by the
following conditions.
24. The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
any meter installation.
25. The Developer shall provide detailed information to the District Engineer regarding water
demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer
flow in million gallons per day.
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26. The entire potable water system, recycled water system and sewer system shall be
evaluated in detail by Developer and District Engineer to insure that adequate capacity,
pressure and flow demands can be met.
27. All District pipelines, pump stations, pressure reducing stations and appurtenances
required for this project by the District shall be within public right-of-way or within
easements granted to the District or the City of Carlsbad.
28. Sequentially, the Developer’s Engineer shall do the following:
a> Meet with the City Fire Marshal and establish the fire protection requirements;
b) Prepare and submit a colored recycled water use area map and submit this map to
the Planning Department for processing and approval by the District Engineer;
and
c> Prior to the preparation of sewer, water and recycled water improvement plans,
the Developer shall submit preliminary system layouts to the District Engineer for
review, comment and approval.
29. The following note shall be placed on the final map. “This project is approved upon the
expressed condition that building permits will not be issued for development of the
subject property unless the District serving the development has adequate water and
sewer capacity available at the time development is to occur, and that such water and
sewer capacity will continue to be available until time of occupancy.”
30.
31.
All potable water and recycled water meters shall be placed within public right of way.
The following items shall apply:
a) No more than 19 homes shall be served on a single potable water distribution
pipeline. For those locations with more than 19 homes, a looped potable water
pipeline system shall be designed; and
b) A public fire flow system shall be required for this industrial or commercial
development, and it shall be constructed as a looped pipeline system.
32. The City acknowledges that the off-site improvements described below are not the
responsibility of the developer. Nevertheless, as an accommodation to the City, and for
the benefit of city-wide planning, the developer agrees to install the following off-site
improvements (“Water Line Imnrovements”):
4 Two (2) potable water mains within the segment of Poinsettia Lane from
Aviara Parkway to Black Rail Road, which shall consist, respectively, of (A)
approximately two thousand seven hundred lineal feet (2,700’) of sixteen-
inch (16”) steel water main pipe, and (B) approximately two thousand seven
hundred lineal feet (2,700’) of twenty-four inch (24”) steel water main pipe;
and
PC PESO NO. 43 18 -13-
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b) One (1) reclaimed water main within the segment of Poinsettia Lane from
Aviara Parkway to Black Rail Road which shall consist of approximately two
thousand seven hundred seventy-five lineal feet (2,775’) of eight-inch (8”)
PVC reclaimed water main pipe;
provided, however, the developer shall not be obligated to install the water line
improvements unless (I) the City acquires all necessary rights-of-way and easements
(including, without limitation, any off-site grading and borrow site easements) related to
the construction and use of the roadway along the portion of Poinsettia Lane between
Aviara Parkway and Black Rail Road, (ii) the Water District and the developer
execute a reimbursement agreement (the “Water Line Apreement”), in form and content
acceptable to both the Water District and the developer, requiring the Water District to
reimburse the developer in an amount equal to the actual cost of the installation of the
Water Line Improvements, and (iii) at the time the map is otherwise scheduled to receive
final approval, the Water District is not in default under such Water Line Agreement.
33. The City acknowledges that the improvements described below are to be constructed by
the developer in such size and capacity as to accommodate neighboring property, the
improvement of which is not the responsibility of the developer. Nevertheless, as an
accommodation to the City, and for the benefit of city-wide planning, the developer
agrees to install the following off-site improvements (“Deep Sewer Improvements” at a
depth of approximately 40’) within Brigantine Drive, and within Poinsettia Lane from
Brigantine Drive to Aviara Parkway, which Deep Sewer Improvements area of greater
capacity than would otherwise be required if such Deep Sewer Improvements were only
to serve the developer’s property:
Approximately six hundred ninety-six linear feet (696’) of eight-inch
(8”) diameter pipeline from station 9+25.37 to station 16+21.47 and to
the two man-holes at station 12+75.67 and station 16+21.47, plus
approximately seven hundred forty-eight linear feet (748’) of eight-
inch (8’) diameter pipeline from station lO+OO to station 15+92.81 and
from station lo-+49.31 to station 12+05.20;
provided, the Water District and the developer execute a reimbursement agreement (the
“Deep Sewer Agreement”), in form and content acceptable to both the City and the
developer.
Code Reminder:
34. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
a> The developer shall exercise special care during the construction phase of this
project to prevent off-site siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer.
PC RESO NO:4318 -14-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from June 17, 1998 to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of June, 1998, by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Monroy, Savary, and Welshons
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
?ziLk
ATTEST:
MICHAEL J. HO%MIL%R
Planning Director
PC RESO NO. 43 18 -15-
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PLANNING COMMISSION RESOLUTION NO. 4319
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT
AMENDMENT ON PROPERTY GENERALLY LOCATED AT
THE TERMINUS OF NEWTON DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: OCEAN BLUFF
CASE NO: HDP 93-09(A)
WHEREAS, Catellus Residential Group, Inc., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Catellus Residential Group,
Inc., “Owner”, described as
Parcel B in Certificate of Compliance recorded on March 11,
1997 as File No. 1997-0106631 of official records of San Diego
County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit Amendment as shown on Exhibit(s) “A” - Z” dated June 17,1998, on file
in the Carlsbad Planning Department, OCEAN BLUFF, HDP 93-09(A), as provided by Chapter
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of June, 1998,
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Hillside Development Permit Amendment; and
WHEREAS, on April 2, 1996, the City Council previously approved HDP 93-
09(A) as described and conditioned in Planning Commission Resolution No. 3871.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of OCEAN BLUFF, HDP 93-09(A), based on
the following findings and subject to the following conditions:
FindinPs:
1. All findings of HDP 93-09 as stated in Planning Commission Resolution No. 3871, on
file in the Planning Department and incorporated herein by reference, shall apply to
HDP 93-09(A).
2. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the revised subdivision grading design is
consistent with previously approved grading in that pad grades are within 5’ of the
approved grades, and building placement and architecture ensure adequate setbacks
from tops of slopes and one and two story units on specified lots will ensure a reduction
of building mass along ridgelines.
3. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that proposed one and two story structures
would be in scale and proportion to the hillside landform, sufficient setbacks from
adjoining downhill slopes will be provided, dominant roof and hillside slopes are
parallel, exterior materials and colors are consistent with the natural landscape.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Hillside Development Permit document(s) necessary to make
them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
2. Approval of HDP 93-09(A) is granted subject to approval of CT 93-09(A) and CDP
97-54. HDP 93-09(A) is subject to all conditions contained in Planning Commission
Resolutions for HDP 93-09 except as amended by the addition of the following
notice, and Planning Commission Resolutions No. 4318 and 4320 for CT 93-09(A)
and CDP 97-54. .
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
PC RESO NO. 43 19 -2-
You have 90 days from final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure, will bar any subsequent legal action to attack, review, set aside. void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
10 Commission of the City of Carlsbad, California, held on the 17th day of June, 1998, by the
11 following vote, to wit:
12 AYES: Chairperson Noble, Commissioners Compas, Heineman,
13 Monroy, Savary, and Welshons
14 II NOES: Commissioner Nielsen I
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ABSENT:
ABSTAIN:
BAILEY NOB& Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4320
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.
CDP 97-54 ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF FUTURE POINSETTIA LANE
AND BLACK RAIL ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: OCEAN BLUFF
CASE NO.: CDP 97-54
WHEREAS, Catellus Residential Group, Inc., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Catellus Residential Group,
Inc., “Owner”, described as
Parcel B in Certificate of Compliance recorded on March 11,
1997 as File No. 1997-0106631 of official records of San Diego
County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “Z” dated June 17, 1998, on file in the
Planning Department, OCEAN BLUFF, CT 97-54, as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of June 1998, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of OCEAN BLUFF, CDP 97-54, based on the
following findings and subject to the following conditions:
Findinps:
1. That the proposed project revisions are in conformance with the Certified Local Coastal
Program and all applicable policies of the Mello II segment requiring the protection of
steep slopes and adequate drainage and erosion control facilities. No further
disturbance to steep slopes will result from the proposed revised pad grades,
subdivision of Lot 93, or addition of Poinsettia Lane Reach II and drainage and
erosion control facilities would be in conformance with the City’s Master Drainage
Plan.
2. The project is consistent with Mello II Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City’s Master Drainage and Storm Water Quality Management Plan to avoid
increased runoff and soil erosion, no steep slopes will be impacted by the proposed
revisions, and the site is not located in a flood plain or liquefaction-prone area. The
project is designed with adequate drainage in that drainage will be routed through
storm drains beneath local streets to energy dissipators prior to entering natural
drainage courses. The project ,will provide adequate drainage, siltation, and erosion
control facilities as part of the approved grading permit, and the grading operation
will be limited to the summer construction season, April 1 to October 1.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the document(s) necessary to make them internally consistent and in
conformity with final action on the project. Development shall occur substantially as
shown in the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this project
within two (2) years of approval or this coastal development permit will expire
unless extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and
obtain a grading permit issued by the City Engineer.
4. Approval of CDP 97-54 is granted subject to approval of CT 93-09(A) and HDP
93-09(A). CDP 97-54 is subject to all conditions contained in Planning
Commission Resolutions No. 4318 and 4319 for CT 93-09(A) and HDP 93-09(A).
PC RESO NO. 4320 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . . .
PC RESO NO. 4320 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of June, 1998, by the
following vote, to wit:
AYES:
NOES:
Chairperson Noble, Commissioners Compaq Heineman,
Monroy, Savary, and Welshons
ABSENT: Commissioner Nielsen
ABSTAIN:
BAILEY NOB@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: . lh,R\‘w3_ + MICHAEL J. MLZM~~LER
Planning Director
PC RESO NO. 4320 -4-
The City of CARLSEAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. 3 0
P.C. AGENDA OF: June 17,1998
SUBJECT: CT 93-09fAYHDP 93-09tAYCDP 97-54 - OCEAN BLUFF - Request for
approval of a tentative map revision, hillside development permit amendment and
coastal development permit for minor grading changes, a sewer line realignment.
the subdivision of the former affordable housing lot into four single family lots.
and the partial improvement and grading of Poinsettia Lane to its full width right-
of-way between Aviara Parkway and Black Rail Road in the Zone 20 Specific
Plan and Local Facilities Management Zone.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution Nos. 43 18,43 19, and
4320 RECOMMENDING APPROVAL of CT 93-09(A), HDP 93-09(A), and CDP 97-54
based on findings and subject to the conditions contained therein.
II. INTRODUCTION
The applicant is requesting approval of a revised tentative subdivision map, hillside development
permit amendment, and a new coastal development permit to allow minor grade changes, delete
an affordable housing lot and add four single family lots, add Poinsettia Lane Reach II to the
required off-site improvements, and incorporate building placement and architecture as required
by the approved Hillside Development Permit. As designed and conditioned, the proposed
project is in compliance with the General Plan, Zone 20 Specific Plan, Mello II Local Coastal
Program (LCP), the Subdivision Ordinance, and relevant Zoning Ordinance regulations.
III. PROJECT DESCRIPTION AND BACKGROUND
The Ocean Bluff project is located within the boundaries of Area C of the Zone 20 Specific Plan
and Mello II LCP segment. The 31.2 acre site is designated RLM by the General Plan allowing
low medium residential density and zoned R-1-7500-Q allowing single family development. A
tentative map, hillside development permit, and site development plan were approved on April 2,
1996 for a standard 92 lot single family subdivision, one multiple family lot with a 16 unit
affordable housing apartment project, one 3 acre open space lot, and the off-site grading and
improvement of half width right-of way of Poinsettia Lane Reach I between Aviara Parkway and
Street A. The approved tentative map will expire on April 2, 1999. The proposed project
CT 93-09(A)&IDP 93-09(A)/CDP 97-54 - OCEAN BLUFF
June 17.1998
Page 2
consists of a tentative map revision, hillside development permit amendment. and coastal
development permit to al10~:
l grading of off-site Poinsettia Lane Reach I to the full width right-of-way between
Aviara Parkway and Street A (previously approved at 60’ width);
l grading of off-site Poinsettia Lane Reach II between Street A and Black Rail Road to
full width right-of-way;
l changes to pad grades to accommodate a sewer realignment to the north resulting
from the final design of Black Rail Road (now shown on the revised map);
l the subdivision of the former affordable housing site into 4 single family lots;
l building placement and architectural design of single family units on each single
family lot; and
l mitigation through the purchase of credits in an off-site habitat mitigation bank or off-
site revegetation for disturbance to .35 acres of coastal sage scrub habitat and .45
acres of southern maritime chaparral resulting from the proposed Poinsettia Lane
Reach II improvements.
The proposed Poinsettia Lane Reach I off-site improvement would result in the dedication and
grading of the full width right-of-way for this road segment and construction of the center two
lanes, one on each side of a raised unimproved median. The revised design is consistent with the
improvements funded by the recently formed Bridge and Thoroughfare District (B&TD) No. 2
and would enable the developer to take full advantage of the reimbursement program allowed
under the B&TD. The City and the developer have also agreed to extend the developer’s
obligation for the construction of Poinsettia Lane to Black Rail Road (Reach II). This segment
will also be improved to full width grading, two travel lanes and an unimproved raised median.
Reach II is also reimbursable under B&TD No.2. Economies of scale can be utilized to construct
Reach II of Poinsettia Lane with the Ocean Bluff project, since Ocean Bluff already is obligated
to construct Reach I to gain access to their site. This will ultimately decrease the total
construction cost of this segment of Poinsettia Lane.
Proposed grading revisions to the approved tentative subdivision map consist of the lowering and
raising of pad grades abutting Black Rail Road and at the intersection of Poinsettia Lane and
Black Rail Road consistent with the final design of Black Rail Road approved as part of the
Cobblestone subdivision to the north. The changes in road and pad grades are within 5’ of the
approved grades. The new design eliminates the 2:1 slopes on the single family lots thereby
increasing usable rear yards and redirects the sewer line serving the northeastern portion of the
site to Black Rail Road where it will connect to the Cobblestone sewer line.
The proposed revised tentative map would subdivide the former affordable housing lot into 4
single family lots thereby increasing the total number of lots from 94 (92 single family lots, one
multiple family lot, and one open space lot) to 97 (96 single family residential lots and one open
space lot). This action is consistent with the Ocean Bluff tentative map condition of approval
requiring that should the project’s inclusionary housing obligation be satisfied off-site, the
CT 93-09(A)/HDP 93-09(fi)/CDP 97-54 - OCEAN BLUFF
June 17,1998
Page 3
developer must process a tentative map revision to subdivide the multiple family lot (Lot 93) into
not more than 4 standard single family lots. On December 2, 1997, the City Council approved
the applicant’s request to purchase credits off-site in the Villa Loma affordable housing project in
lieu of constructing the 16 unit affordable apartment project approved on Lot 93.
To ensure consistency with the Hillside Ordinance architectural design standards and Specific
Plan architectural standards, the approved project was conditioned to require Planning Director
approval of a hillside development permit amendment for building placement and architecture
prior to building permit issuance. The tentative map revisions discussed above also require
approval of a hillside development permit amendment; therefore, building placement and
architecture are before the Planning Commission as part of the amendment. The project is also
subject to the R-l One Family zoning regulations requiring yard setbacks and restricting building
height and coverage. Therefore, the proposed building placement and architecture have been
reviewed for consistency with the R-l zone standards as well as the Hillside Development
Ordinance and Zone 20 Specific Plan architectural standards. Three architectural styles (Spanish,
Monterey, and Craftsman) are proposed for each of three one and two story floor plans. The
proposed single family units range in size from 2,320 square feet to 3,334 square, and all have
two car garages with an optional third car tandem garage.
The project is subject to the following land use plans, policies, programs and zoning regulations:
A.
B.
C.
D.
E.
F.
IV.
General Plan
Zone 20 Specific Plan (SP 203)
Mello II Local Coastal Program segment
Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including:
1. Chapter 21.95 - Hillside Development Regulations;
2 Chapters 21.201 and 21.203 - Coastal Development Procedures and Coastal
Resource Protection Overlay Zone.
Carlsbad Municipal Code Title 20 (Subdivisions)
Growth Management
ANALYSIS
The recommendation of approval for this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
I A
CT 93-09(A)/HDP 93-04\@CDP 97-54 - OCEAN BLUFF
June 17.1998
A. General Plan
The proposed project revisions including the full width right-of-way of Poinsettia Lane
Reach I and addition of Poinsettia Lane Reach II, four additional single family lots, and
building placement and architecture are consistent with the applicable policies and
programs of the General Plan. Particularly relevant to these proposed revisions are the
Land Use, Circulation, Open Space and Conservation, and Noise Elements of the General
Plan.
Element Use Classification, Goal, Proposed Uses/Improvements Compliance
Objective, or Program
LandUse RLM (O-4 Dwelling Single Family - Yes
Units/Acre) 3.2 Dwelling Units/ Acre
GCP (3.2 Dwelling
Units/Acre)
Adequate provision of The project is conditioned to Yes
public facilities in construct/install all public facilities to
accordance with Growth serve the subdivision including
Management performance Poinsettia Lane and Black Rail Road;
standards public facilities are adequate in Zone
20 to satisfy the demand.
Open Space Protect rare, threatened or Impacts to .35 acres of Coastal Sage
endangered species Scrub habitat and .45 acres of
Southern Maritime Chaparral to be
mitigated in an off-site habitat
mitigation bank or through
revegetation.
Yes
Minimize impact from new Architecture is in scale with terraced
development on hillsides building pads and visually compatible
with natural landscape.
Yes
Circulation Require new development Project is conditioned to complete all Yes
to construct all roadways street improvements prior to
necessary to serve proposed occupancy of any unit.
development prior to or
concurrent with need.
Noise 60 dBA CNEL is the Future projects along off-site Yes
exterior noise level and 45 Poinsettia Lane Reaches I and II must
dBA CNEL is the interior comply with noise standards.
noise level to which all
residential units shall be
mitigated.
-
CT 93-09(A)/HDP 93-04&/CDP 97-54 - OCEAN BLUFF
June 17,1998
-
B. Zone 20 Specific Plan
The Zone 20 Specific Plan requires project compliance with all applicable land use plans.
policies, and ordinances. The following discussion describes the proposed project’s
conformance with the relevant Specific Plan regulations which include land use, zoning,
development standards, Mello II LCP regulations, and open space preservation.
Land Use
The project is located within Area C of the Specific Plan. Properties within this area are
designated for Residential Low-Medium (RLM) density development allowing 0 - 4
dwelling units per acre by the General Plan with a Growth Control Point (GCP) of 3.2
dwelling units per acre.. Although the proposed map revision would increase the total
number of residential lots from 93 to 96, the total number of units would decrease from
108 to 96 due to the deletion of the 16 unit affordable project. The revised density of 3.2
dwelling units per acre is consistent with the GCP.
On April 2, 1996, the Ocean Bluff property was rezoned R-1-7500-Q concurrent with
tentative map approval. A site development plan for the affordable housing project was
approved thereby satisfying the Qualified Overlay “Q” designation. The revised project
includes building placement, floor plans, and architectural elevations which must be
consistent with the R-l zone development standards and Zone 20 architectural standards.
As shown on the following table, the project meets or exceeds the R-l zone standards:
1 REGULATION i STANDARD I PROVIDED I
Lot Size Minimum - 7,500 Square Feet 8,085 - 8,972 Square Feet
(Lots 92 - 96)
Building Height Maximum - 30 Feet 18.5 Feet - 26.5 Feet
Setbacks (Minimums)
Front Yard: 20 Feet Front Yard: 20 Feet - 40 Feet
Side Yard: 10% Lot Width Side Yard: 6 Feet Minimum
Rear Yard: 2 X Side Yard Rear Yard: 12 Feet - 104 Feet
Lot Coverage Maximum - 40% < 40%
Garage 2 Car - 20 Feet X 20 Feet 2 Car Garage with optional tandem
third car garage
The proposed building placement and architecture are consistent with the Zone 20
architectural standards as specified in the following table:
DESIGN CRITERIA COMPLIANCE
50% of ridge line units shall be 50% of these units are single story units
single story around 50% of
footprint
Variety of roof, wall, and Three exterior color schemes for wall, trim, and accent which
accent materials/colors will blend into the natural hillside landscape
-
CT 93-09(A)/HDP 93-04+)/CDP 97-54 - OCEAN BLUFF
June 17,1998
Page 6
DESIGN CRITERIA COMPLIANCE
Variety of one and two story Three floor plans: one single story and two two-story
units
Variety of architectural Spanish, Monterey, and Craftsman architecture with stone,
features wood and wrought iron trim, and Spanish and shake roof tile in
variety of colors; shutters, french doors
Variety of roof heights and Combination of one and two story roof elements with hip and
masses gable roofs
Window/door enhancement Recessed, arched, and paned windows on all elevations
Variety of garage designs, Two car garages (tandem third car garage) - combination of
facades and orientations two car and separate single car garage doors
Articulated building forms Recessed entries, doors, windows, balconies and porches;
multiple building planes on front/rear elevations; multi-level
roofs; one and two story exterior elements
C. Mello II LCP
The project received approval of a Local Coastal Permit from the California Coastal
Commission in July 1996. Coastal Commission staff have found that proposed revisions
to the tentative map and Poinsettia Lane Reach I are minor design changes requiring no
further review by the Commission. They have also determined that the addition of the
Poinsettia Lane Reach II roadway segment and single family dwelling placement and
architecture must be considered by the City under a new coastal development permit.
There are no specific LCP regulations for building placement or architecture beyond
those required by the R-l zone, and as shown above, the proposed project complies with
R- 1 development standards.
Mello II LCP regulations relevant to the Poinsettia Lane Reach II roadway segment
restrict grading during the rainy season and require the provision of drainage facilities
and erosion and sediment control in accordance with the City’s Master Drainage Plan.
The project is conditioned to restrict grading during the rainy season, and drainage
facilities would be provided in accordance with the City’s Master Drainage Plan.
Issuance of the required grading permit and improvement plans will ensure that all
erosion control, sediment control, and drainage facilities are utilized or constructed in
accordance with City standards.
Dl. Hillside Development Regulations
Although the pad grades are being lowered and raised within the eastern portion of the
subdivision to accommodate the final design of Black Rail Road and to enable the sewer
line serving the northeastern area of the site to achieve gravity flow through connection
with sewer facilities to the north, changes are within 5’ of the previously approved
grades. The previously approved hillside grading design has been retained; therefore, the
project substantially conforms with the approved hillside grading design. The proposed
Poinsettia Lane Reach II road segment does not require hillside review in that the
underlying topography is relatively flat (less that 15% slope).
rc- -
CT 93-09(A)/HDP 93-09\fi)/CDP 97-54 - OCEAN BLUFF
June 17, 1998
Page 7
HDP 93-09 was conditioned to require Planning Commission approval of an amendment
to the Hillside Development permit to ensure that future architecture is consistent with
the Hillside Development Ordinance architectural standards as shown on the following
table:
REGULATION STANDARD PROPOSED
View preservation and Sufficient setback from Minimum 15’
enhancement adioining downhill slope
Hillside architecture 1 Dominant roof and hillside 1 Dominant roof and hillside slopes
slope are parahel are parallel and one and two story
roof lines are provided along
1 ridgelines
Exterior materials/colors Exterior materials include cement
which are consistent with the tile roofs, stucco with wood and
natural landscape stone trim and earth tone colors
D2. Coastal Development and Resource Protection Overlay Regulations
See discussion under Item C. Mello II LCP above.
E. Tentative Map Revisions
In accordance with Section 20.12.120 of the Carlsbad Municipal Code, revised tentative
maps may be processed upon findings that the proposed subdivision map generally
conforms to the street and lot configuration shown on the approved tentative map,
involves one contiguous area, contains all required information, and is tiled within 18
months of the approved tentative map. The proposed revised tentative map conforms to
these requirements since it generally conforms to the original subdivision design,
includes one contiguous area consisting of the entire original subdivision, contains all of
the required information which must be included on tentative maps filed pursuant to
CMC Chapter 20.12, and was filed within 18 months after the approval of the original
tentative map.
F. Growth Management
The impacts on facilities resulting from the proposed revisions would be the same or less
than the impacts previously reported for the approved subdivision. The total dwelling
units are reduced from 108 to 96. This reduction is the result of the deletion of the 16
unit affordable housing project on Lot 93.
V. ENVIRONMENTAL REVIEW
The project is located within the boundaries of the Zone 20 Specific Plan (SP 203) which covers
the 640 acre Zone 20 planning area. The direct, indirect, and cumulative environmental impacts
from the future development of Zone 20 have been analyzed in the Final Program Environmental
- ,-
CT 93-09(A)/HDP 93-09\fi)/CDP 97-54 - OCEAN BLUFF
June 17,1998
Page 8
Impact Report (PEIR 90-03). In accordance with the Zone 20 PEIR requirements. additional
project level studies were conducted and analyzed for the approved Ocean Bluff project and a
Notice of Prior Environmental Compliance was issued on September 27, 1995. The approved
subdivision was conditioned to mitigate 3.98 acres of habitat impacted by the Poinsettia Lane
Reach I and Street A alignments, and this mitigation has been completed through the approval of
a 4d permit and purchase of credits in the Highland Mitigation Bank.
The Zone 20 PEIR identified biological impacts to coastal sage scrub and southern maritime
chaparral within the proposed Poinsettia Lane Reach II alignment. In accordance with the Zone
20 PEIR requirements, an additional project level biological analysis was performed for the
Poinsettia Lane Reach II off-site improvement. The analysis identified specific mitigation
necessary to reduce biological impacts identified by the Zone 20 PEIR. Proposed mitigation for
disturbance to .35 acres of coastal sage scrub habitat and .45 acres of southern maritime
chaparral consists of the purchase of credits in an off-site habitat mitigation bank and/or
revegetation at an off-site location within Zone 20 upon approval by the City of Carlsbad, United
States Fish and Wildlife Service, and California Department of Fish and Game. Impacts beyond
what was analyzed in the final PEIR would not result from implementation of the revised project;
therefore, this project qualifies as subsequent development to both the Zone 20 PEIR and City’s
MEIR as identified in Section 21083.3 of the California Environmental Quality Act. The
Planning Director issued a Notice of Prior Environmental Compliance on May 8, 1998.
ATTACHMENTS:
1. Planning Commission Resolution No. 43 18
2. Planning Commission Resolution No. 43 19
3. Planning Commission Resolution No. 4320
4. Location Map
5. Notice of Prior Environmental Compliance dated May 8, 1998
6. Environmental Impact Assessment Form, Part II, dated March 9, 1998
7. Background Data Sheet
8. Disclosure Statement
9. Planning Commission Resolution No. 3869
10. Planning Commission Resolution No. 3871
11. Reduced Exhibits
12. Exhibits “A” - “Z ” dated June 17, 1998
AH:kc
-
BACKGROUND DATA SHEEl
CASE NO: CT 93-09(A)/HDP 93-09(A)/CDP 97-54
CASE NAME: Ocean Bluff
APPLICANT: Catellus Residential Group
REQUEST AND LOCATION: Reauest for approval of a tentative man revision, hillside
development permit amendment and coastal development nermit for minor grading; changes, a
sewer line realignment. the subdivision of the former affordable housing lot into four single
familv lots. and the partial improvement and grading of Poinsettia Lane to its full width right-of-
way between Aviara Parkway and Black Rail Road in the Zone 20 Specific Plan and Local
Facilities Management Zone.
LEGAL DESCRIPTION: Parcel B in Certificate of ComDliance recorded on March
11.1997 as File No. 1997-0106631 of official records of San Diepo Countv
APN: 215-070-29 Acres: 31.2 Proposed No. of Lots 96 and 1 Onen Space Lot
GENERAL PLAN AND ZONING
Land Use Designation: RLM
Density Allowed: 0 - 4 DU/ACRE
Existing Zone:R-1-7500-O
Density Proposed: 3.2 DU/ACRE
Proposed Zone: N/A
Surrounding Zoning and Land Use: (See
Requirements)
Zoning,
Site R- l-7500-Q
North R-l
south L-C
East L-C
West L-C
attached for information on Carlsbad’s Zoning
Land Use
RLM - vacant
RLM - Cobblestone
RLM - vacant
RLM - vacant
RLM - vacant
PUBLIC FACILITIES
School District: CARLSBAD Water District: CMWD Sewer District: CARLSBAD
Equivalent Dwelling Units (Sewer Capacity):96 EDU
Public Facilities Fee Agreement, dated: November 26. 1997
ENVIRONMENTAL IMPACT ASSESSMENT
cl Negative Declaration, issued
cl Certified Environmental Impact Report, dated
lxl Other, Notice of Prior Environmental Compliance
.
E/l?;1995 11: 39 7Ei64388981 IiEr-iTnmh f-cr.zL
’ MW:l-98 YtON tC:28 W OF CMLEBAD C3tltf DE FAX No, 438W4 P. Gz
City of Carlsbad
DISCLOSURE STATEMENT
Applioint’s mtunent or ditmlosum of cm&in oweaMp interests on dl applications which will require dincrehmy action on tha put of the
CQ chmcil or my 4ppohted Boimg co8lmlssion mcommitte8.
The fdlowing infomation m be disclosed il the time af@j~&tm J&&&
1. APPUCANT (Not the 4pplicunt's 4gent1
Provide the-m 44nw ofth8 rpplicmt irnd &e rwtvrr of the legf Owner&ip
kc, p&w&i Catellus , MUI& in common, wnwof% oaaaontion. etc); R esidential Group, lfie. _ .-
California Corporation
List rbe names and addmsses of&J& persons tuvjag a tbuaoial inmert in the upptlcaricn. Catellus Residential Group, Inc.
5 Park Plaza, Suite #400, Irvine, CA 92614 .
2. OWNER (?+I the ownor% 4pnt)
prwide tb v name of the prqeq WIW md the nature of the lw!
ownerchip (i.c p8rtnwhip, teww in cam man, nan-profit, corporatht, otc): Catellus kesidentral Group, Inc.
5 Park Plaza,Sulte #400, Irvlne,m 92614
List ibc namoa and addrcuor af && pciwns having any owm-mhip interest in the propaq
involval.
Catellus Residential Group, Inc.
5 perk plaza, Surte #400, Irvine, CA 92614
M75 Le Palme Dr. - Carlsbad, CA 92Oa(&1$76 l (760) 438-j 761 - FAX (780) 438-0894 @
psi 11; X58 I;: 35 7604330981 +ENTt+Fh
,I$\ - ; i -& iiC;h :;:zz .-T-Y OF CP.RE%) Xtll 3E 513 HC, “533!-1
‘A&E -.-- 2 - - . . . r . ,.‘c
5 COIWORATSW OR p~Rl’NER3liIp
:fw vmn hMed punuaa: to 0) of (2) ahe ix a ctxpkti0~ 01 pmotrhip, iio; l h names
xd addrt~~s of bLJr kldiriduah ownhg man than 1094 of ol# ms in tie :orporation 3r
Vm!ng JW PWIMShip iutorcst in the partmnhip. IF X0 IEiDfW!XXLS OW MORE THAX iC% OF W SHcrREs, PLWSE MDG4TE NON-MPLICABLE (Hi) IY THE SPACE
BELOU’.
CaLPERS in the only entity that owns- more than 10% of the Parent
Corporation (Catellus Development c;orporatlonl SfocK.
~a- ‘DevdoDment Corporation owns 100% of Catellus Residential Group, lnc
1. NON-PROFI7 ORGANZATION OR lXi$T If my p?SOn idendba pu+;wm to (1, or .B) rbuve is a non-pfofa orpniution or L test, list the
names and addrwsss of ANY person serving WB officer cx dirsucr of the non-p&k ~:g&zxtion
or as trustee or benoflci8ty of the ma.
5. Have you hab mm thau $210 worth of business uaasaa4 with any member of City staff.
Bout& Commissions, Cnmmirtses a&of Counci! virhin the put welva (12) manths?
n YCS @.Nc If yw, pleaso iadica& petscn(t):
SOTE: ASach tilrlor4l Sbsets if neceom.
f ceni.‘y tha? 011 thy above infomatiolr is true and cocrtr;~ to aI= besi of my 7 owkdgc. /
-SiyTp+n Jr ~~,~~ ,S&M~~&~~,~~~~~
Ptint or type name of owner Print ar rypc name of l pp1iczc.t GJ?%d&*&G Brian J. Milich, Vice President
Catellus Residential Group, Inc. -GC
Signature of owner/applicant’s rgcnt if applicabk/c’&c ,
hint of type n(rmC Of OWIlUhpp~iCaIJ~‘S quJJt
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3. CT 93-09tA)IHDP 93-09(A)/CDP 97-54 - OCEAN BLUFF - Request for approval of a tentative
map revision, hillside development permit amendment and coastal development permit for minor
grading changes, a sewer line realignment, the subdivision of the former affordable housing lot
into four single family lots, and the partial improvement and grading of Poinsettia Lane to its full
width right-of-way between Aviara Parkway and Black Rail Road in the Zone 20 Specific Plan and
Local Facilities Management Zone.
Associate Planner, Anne Hysong, presented the staff report and described the project as follows: The
applicant is requesting that the Planning Commission recommend approval of the tentative map revision,
hillside development permit amendment, and coastal development permit for the Ocean Bluff single family
subdivision which was approved by the City Council on April 2, 1996. The Ocean Bluff project is located
in the Zone 20 Specific Plan area at the intersection of future Poinsettia Lane and Black Rail Road in the
Southwest Quadrant. The approved project consisted of 92 single family lots, a multiple family lot with a
sixteen unit affordable housing project, and a three acre open space lot. The approved tentative map was
conditioned to require that the developer revise the tentative map if the Council approved an option to
purchase credits in the Villa Loma project, in lieu of constructing units on-site to satisfy the projects
inclusionary housing requirement. The approved hillside permit was conditioned to require subsequent
approval of architecture and building placement. The proposed map revision deletes the affordable
housing lot and subdivides it into four additional single family lots, increasing the number of single family
jots from 92 to 96 and reducing the total number of units from 108 to 96. Other changes involve lowering
and raising pad grades along Black Rail Road, consistent with the final design of that roadway and
redirecting sewer lines serving the northeastern portion of the project to the north through the Cobblestone
project. The proposed project includes building placement and units on each single family lot. The
proposed Monterey, Craftsman, and Spanish architectural styles are consistent with Hillside and Specific
Plan architectural guidelines and 50% of the units located along the ridge line (the highest point) are single
story units, in accordance with conditions imposed by the approved hillside permit. The units are one and
two-story and range in size from 2,320 square feet to 3,334 square feet and all have 2-car garages with
optional third car tandem garages. The approved map was conditioned to construct the northern half of
Poinsettia Lane, between Aviara Parkway and A Street to provide access to the project. In accordance
with the reimbursement agreement that has been approved by the City Council, the developer has agreed
MINUTES
L PLANNING COMMISSION June 17,1998 Page 9
with this revision to construct additional Off-Site improvements not required by this subdivision. Including
grading Poinsettia Lane to its full width between Aviara Parkway and Street A, (referred to as Reach I).
and to its full width from Street A to Black Rail Road (referred to as Reach 2). The developer has also
agreed to a condition to construct a deeper sewer line in Street A and to be reimbursed for the additional
cost, The deeper sewer line is necessary to accommodate the adjacent property, thereby avoiding
undesirable sewer design alternatives when that property develops. Environmental impacts resulting from
the additional Reach 2 segment of Poinsettia Lane have been identified and mitigated in accordance with
CEQA and findings can be made for the revised project which is consistent with the General Plan, the
Subdivision Ordinance regulations for Tentative Map Revisions, the Zone 20 Specific Plan, the Mello II
Local Coastal Program, and the Hillside Development, Coastal Development, and Single family R-l
Zoning Ordinances regulating the development of each single family lot. Staff recommends that the
Planning Commission adopt the resolutions for CT 93-09(A), HDP 93-09 (A), and CDP 97.54, as
conditioned, recommending approval to the City Council for the project.
Ms. Hysong submitted an Errata Sheet with corrections to Findings No. 5 (c)(iii) and Finding No 8,
Resolution No. 4318.
Chairperson Noble asked the applicant if he agrees to have this item heard by the six Commissioners
present or would he prefer to postpone this hearing until there is a full Commission present. Mr, Milich
agreed to having this item heard with the six Commissioners present.
Applicant, Brian Milich, Catellus Residential Group, Inc., 5 Park Plaza, Suite 400, Irvine, CA., stated that he had nothing to add but was available to answer any questions.
Commissioner Compas asked Mr. Milich when this project will be ready to proceed, assuming that it will
be approved by the City Council.
Mr. Milich replied that they will be ready immediately.
Mr. Wayne asked Mr. Milich if he had seen the changes to the conditions and Mr. Milich replied that he
had not.
Ms. Hysong, stated that Mr. Milich’s consultant, Jack Henthorn, was the person who called the errors to
staffs attention.
Mr. Wayne stated that staff wishes to modify Condition No. 33, that essentially states that the deep sewer
improvements are at a depth of approximately 40 feet.
Mr. Milich stated that the changes referred to above are acceptable.
Chairperson Noble opened Public Testimony. Seeing no one wishing to testify, Chairperson Noble closed
Public Testimony.
ACTION:
VOTE:
AYES:
NOES:
ABSTAIN:
Motion by Commissioner Compas, and duly seconded, to adopt Planning
Commission Resolutions No. 4318, 4319, and 4320, recommending approval of
CT 93-09(A), HDP 93-09 (A), and CDP 97-54, based upon the findings and
subject to the conditions contained therein, including the corrections submitted in
the Errata Sheet and the change to Condition No. 33 which states the depth of
the deep sewer line.
6-O
Noble, Heineman, Savary, Monroy, Welshons, and Compas
None
None
Chairperson Noble announced that the Commission’s action on this item is not final and will be forwarded
to the City Council for its consideration.
MINUTES
PROOF OF PUBLIC. ION
(2010 8 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
,the County aforesaid: I am over the age of eighteen
'years and not a party to or interested in the above-
{entitled matter. I am the principal clerk of the printer of
North County Times
,formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
,Advocate) case number 171 349 (Blade-Citizen)
and case number 1721 71 (The Times-Advocate)
.for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
July 17, 1998
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at California, this
of July, 1998
day 17th San Marcos
si g n a t u re'
NORTH COUNTY TIMES
Legal Advertising
This space k r the County Clerk's Filing Stamp
Proof of Publication of
Not ice of Pibnl. ic Hearing ..........................
NOTICE OF PUBLIC HEARING CT 93-O9fAVCDP 97 -- 54 OCFAN BuLEE
COMPLETE DPTE Januaty 12,1998
DESCRIPTI0N:Request for approval 01 a Tentative Map Revision. Hillside Development Permit Amendment and Coastal Development Permit for minor grading changes, a sewer line realignment, lor the sllbdivision of the fanner affordable housing lot into four single family lots, and the partial improvement and grading of Poinsema Lane to lrs full wiMh nght-of-way.
LOCATION This pmjecl is within the City of Carlsbads Coastal Zone at: Avlara Parkway and Black Rail Road in the Zone 20 Specific Plan and Local Fadlilies Management Zone.
LEGAL DESCRIPTION: Parcel B in Certifkate 01 Comphance recorded on March 11. 1997 in the mice of the County Recarder. APN.215-070.29.
APPLICANT. Catellus Residential group, 5 Park Plaza, Suite 400, Irvine, CA 92614
A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drlve, Carlsbad, California, on Tuesday, July 28 1998 at 6:OO p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the prolect. The project will be described and a stafl recommendation given. followed by public testimony, questions and a decision. Copies of the staff repart will be available on or alter July 24, 1998.
If you have any question, or would like to be notified of the decision. please contact Anne Hysong at the City of Carlsbad Planning Department. Monday through Thursday 7:30 a.m. to 530 pm., Friday 8:oO a.m. to 5:OOp.m at 2075 Las Pahas Owe, Camad, California 92009. (760) 438.1161, exte.ision 4477.
APPEALS
The tima within which you may judicially challenge this Tentative Tract Map, Hillside Development Permit, If approved. is established by state law andor cily ordinance. and is very short. If you challenge this Tentative Tract Map, Hillside Development Permil Amendment, and Coaslal Development Permit in ccuTt, you may be limited to raising only these issues you or someone elm raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad Cii Clerks Office pnor to the public hearing.
1 appealable to the City Council. appeals must be filed in writing within ten (IO) calendar days alter a decision by the Planning Commission.
2 Coastal Commission Appealable Project
Aooeals to the Citv Council; Where the decision is
2
a
This site is located within the Coastal Zone
Appealable Area This site is not located within the Coastal Zone
Appealable Area
Where the decision is appealable to the Coastal Commission. appeals must be filed with the Coastal Commission within len (10) working days after the Coastal Commission has received a Notice of Final Actiw, from the City of Carlsbad. Applicants will be notified bv the Coastal Commission of the date that
OCEANBLUFF Their appeal perlbd will cowlude The Sen Diego office of the Coastal Commission is located el 3111 Camino De Ria Noh Suite 200 San Diego. California 92108-1725 CT 93-09(AYHDP 93-091AY --. -. 1. PUBLISH: FRIDAY, JULY 17, 1998
. .
(For.m A)
TO: CITV CLERK’S OFFICE
FROHr PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notlde
Ocean Bluff - CT 93-09(A)/HDP 93-09(A)/CDP 97-54
for a public hearing before the City Council.
Please notice the item for the council meeting of First Available Hearing
.
Thank you.
Assistant City Man-- -
l
June 30, 1998
Date
.
. . .
NOTICE OF PUBLIC HEARING
COMPLETE DATE: January 12.1998
DESCRIPTION:
Request for approval of a tentative map revision, hillside development permit amendment
and coastal development permit for minor grading changes. a sewer line realignment. the
subdivision of the former affordable housing lot into four single family lots. and the
partial improvement and grading of Poinsettia Lane to its full width right-of-way.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone at: Aviara Parkway and Black
Rail Road in the Zone 20 Specific Plan and Local Facilities Management Zone.
ASSESSOR’S PARCEL NUMBER:
2 15-070-29
APPLICANT:
Catellus Residential Group
5 Park Plaza. Ste. 400
h-vine, CA 926 14
A public hearing on the above proposed project will be held by the Planning Commission in the
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on June 17. 1998 at 6:00
p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with
any oral or written comments they may have regarding the project. The project will be described
and a staff recommendation given, followed by public testimony, questions and a decision.
Copies of the staff report will be available on or after June 11, 1998.
If you have any questions. or would like to be notified of the decision, please contact Anne
Hysong at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to
5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009,
(760) 438-l 161. extension 4477.
2075 Las Patmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 @
APPEALS
-
The time within which you may judicially challenge this Tentative Tract Map. Hillside
Development Permit Amendment, and Coastal Development Permit. if approved. is established
by state law and/or city ordinance, and is very short. If you challerrge the Tentative Tract Map.
Hillside Development Permit Amendment, and Coastal Development Permit in court. you ma!.
be limited to raising only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public
hearing.
1. Anpeals to the Citv Council: Where the decision is appealable to the City Council.
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project: q This site is located within the Coastal Zone Appealable Area. q This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission. appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3111 Camino De1 Rio North, Suite 200. San Diego, California
92108-1725.
CASE FILE: CT 93-09(A)/HDP 93-09(A)/CDP 97-54
CASE NAME: OCEAN BLUFF
PUBLISH: JUNE 4.1998
A= E 3 c c k-F --- sjc=Fi
?
/ I
. .
OCEANBLUFF
CT 93=09(A)/HDP 93=09(A)/
CDP 97-54
r
A A
CARLSBAD UNIF SCHOOL DIST SD COUNTY PLANNING CALIF DEPT OF FISH & GAME
801 PINE AVE STE B STE 50
CARLSBAD CA 92008 5201 RUFFIN RD 330 GOLDENSHORE
SAN DIEGO CA 92123 LONG BEACH CA 90802
REGIONAL WATER QUALITY
STE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
T.W. SMITH ESQ
STE 200
2170 EL CAMINO REAL
OCEANSIDE CA 92054
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CLERK NO COUNTY SUPERIOR
COURT
CASE NO N69883
325 SO MELROSE DR
VISTA CA 92083
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
U.S. FISH &.WILDLIFE
2730 LOKER AVE WEST
CARLSBAD CA 92008
CA COASTAL COMMISSION STE 200 3111 CAMINO DEL RIO NO
SAN DIEGO CA 92108
(ABOVE ADDRESS - For City CITY OF CARLSBAD CITY OF CARLSBAD
Council Notices Only) PUBLIC WORKS/ENGINEERING PUBLIC WORKS/COMMUNITY
DEPT SERVICES
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
PROJECT PLANNER
ANNE HYSONG
OCEAN BLUFF PUBLIC HEARING
CT 93-09(A)/HDP 93-09(A)/ CDP 97-54
MAIL 7/16/98
GREYSTONE HOMES INC
SUITE 115
495 E RINCON ST
CORONA CA 91719-l 301
WESTCAP PROPERTIES INC
6114 CAMlNO DE LA COSTA
LA JOLLA CA 92037-6520
’ WILLIAM R LYNN
6505 EL CAMINO REAL
CARLSBAD CA 92009-2804
MHPPINC
SUITE 140
5414 OBERLIN DR
SAN DIEGO CA 92121-4744
PALOMAR OAKS BUSINESS
CENTER CO CHARLES DUNN CO
SUITE 110
888 PROSPECT ST
LA JOLLA CA 92037-4260
SCHINDLER
648 MARSOLAN AVE
SOLANA BEACH CA 92075-l 931
-
WILLIAM AND DONNA BAKER
WALLACE G AND ELIZABETH AITCHISON 18552 ERWIN ST
5155 E BOBOLINK LN RESEDA CA 91335-6820
PALM SPRINGS CA 92264-5936
GEORGE R BOLTON
6519 EL CAMINO REAL
CARLSBAD CA 92009-2804
SANDIEGUITO NATIONAL BANK
PO BOX 230926
ENCINITAS CA 92023-0926
DEJONG ARIE JR
622 E MISSION RD ,
SAN MARCOS CA 92069-l 902
KAISER LIFE INSURANCE
1443 CAMINITO BATEA
LA JOLLA CA 92037-7178
JACK HENTHORN AND ASSOCIATES
SUITE J
5431 AVENIDA ENCINAS
CARLSBAD CA 92008
MICHAEL J CARDOSA
6491 EL CAMINO REAL
CARLSBAD CA 92009-2802
VICTORIA T FERNANDEZ
PO BOX 395
CARDIFF BY THE SEA CA 92007-0395
AVELINA AND ERNEST HIDALGO
13422 PENN ST
WHITTIER CA 90602-l 828
RONALD L ROESCH
SUITE 708
2800 NEILSON WAY
SANTA MONICA CA 90405-4035
GUY S MOORE
6503 EL CAMINO REAL
CARLSBAD CA 92009
NORMAN GALLAGHER AND
MR AND MRS LAIRD CAMERON
1252 PALMA VISTA CT
ESCONDIDO CA 92025
CATELLUS RESIDENTIAL GROUP INC.
SUITE 400
5PARKPLAZA ,
IRVINE CA 92614