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HomeMy WebLinkAbout1999-04-13; City Council; 15139; Poinsettia Shores Planning Area CiL4 h CITY OF CARLSBAD - AGEWA BILL 77 AB# c/3’? TITLE: MTG. w 3 POINSETTIA SHORES PLANNING AREA C CT 98-06/CP 98-05/HDP 98-04/CDP 98-27 DEPT. PLN ?f‘ RECOMMENDED ACTION: DEPT. HD. &@+ CITY ATTY. @L CITY MGR+ That the City Council ADOPT Resolution No. W-/d8 APPROVING CT 98-06, CP 98-05, HDP 98-04 and CDP 98-27 as recommended for approval by the Planning Commission. ITEM EXPLANATION: On January 20, 1999, the Planning Commission conducted a public hearing to review a subdivision map/condominium permit for Poinsettia Shores Planning Area C located south of Avenida Encinas between l-5 and Windrose Circle in the P-C zone. The Planning Commission recommended approval (6-O) of CT 98-06, CP 98-05, HDP 98-04 and CDP 98-27 to allow the subdivision of the 9.64 acre parcel into a total of 40 lots with 28 residential duplex lots and 56 condominium units. The gated development would receive primary access to residents and guests from Windrose Circle and secondary access for residents only from Navigator Circle. Additionally, the project would provide access to an otherwise landlocked parcel (Lamb property) located between the eastern boundary of Planning Area C and l-5. The Planning Commission’s decision was based on findings that the project is subject to and in compliance with the General Plan, Poinsettia Shores Master Plan, West Batiquitos Lagoon LCP segment, the Subdivision Ordinance (Title 20) and applicable sections of the Zoning Ordinance (Title 21) of the Carlsbad Municipal Code. The Planning Commission received three letters of opposition from nearby property owners. In addition, nine residents spoke in opposition to the project based on the following concerns regarding project design, Poinsettia Shores Master Plan open space amenities, traffic congestion, air quality, and Growth Management controls: ISSUE View blockage (Lamb property) due to required noise walls Navigator Circle residents Navigator Circle access is Dnly ingress and egress anticipated. Construction traffic on Navigator Circle MASTER PLAN REQUIREMENT A 6’ high noise wall is required along the Planning Area C eastern boundary to mitigate noise levels from l-5 to the City’s standard. Not applicable STAFF RESPONSE The Lamb property, located between the project &d’I-5,-is not a part of this proposal. Placement of the wall along the Planning Area C property line separating the parcel from the Lamb property is required noise mitigation. Although the Master Plan requires vehicular access to the property, there is no view preservation requirement. The Navigator Circle secondary access is required to satisfy the City’s cul-de- sac policy. The developer possesses an easement over Navigator Circle giving him access rights to his property. Engineering Department will ensure that no construction equipment will use Navigator Circle during construction. P PAGE 2 OF AGENDA ISILL NO. /% /39 Type of condominium Multi-family townhomes - no The duplex condominium units include units individually owned lots. one-half the structure and lot (separated by a line drawn between the party walls of the structure from the front property line to the rear property line and extending 15’ below the ground level. Each condominium owner is responsible for maintenance of their respective unit (structure and yard). The duplex lot (15’ below ground level to the center of earth) is commonly owned by both condo- minium unit owners. (See attached Exhibits “X” and “Y”.) Building pad elevations/ 35’ maximum building height. Although building pads are increased a unit placement which will maximum of 2.7’ above the existing obstruct Sea Cliff views grade, the structures do not exceed the 35’ maximum permitted by the Master Plan from existing grade. The structures are 30’ in height from proposed grade and 32.7’ in height from existing grade. The Master Plan has no view preservation requirement. Increases in air and noise Noise study required to The assertion that a short segment of pollution due to noise wall determine noise mitigation. noise wall along the l-5 right-of-way along l-5 right-of-way would create a tunnel in which noise would reverberate and air quality would be worsened is unsubstantiated. Poinsettia Shores Master l Planning Area C Trail - l Each trail segment is required to be Plan open space Prior to occupancy constructed and available to amenities not yet available . Planning Area A-3 - Prior residents prior to occupancy of to residents in existing to occupancy units in that Planning Area. units l Planning Area A-4 - Prior to occupancy l Master Plan Ret Center - l The Master Plan Recreation Center August 1999. is scheduled to open mid to late March. Project density and its Planning Area C maximum The project is 14 units below the impact on traffic, public density = 70 units maximum units permitted in Area C. facilities, and commercial Public facilities as required by All public facilities required by the facilities LFMP 9. Master Plan and LFMP for development east of the railroad including the connection of Avenida Encinas to Carlsbad Boulevard are complete. a h PAGE 3 OF AGENDA BILL NO. /! /3Lj GROWTH MANAGEMENT STATUS: Facilities Zone 9 Local Facilities Management Zone 9 Growth Control Point 6 du/acre Net Density 5.8 du/acre Special Facilities CFD No. 1 Schools See paragraph below The project has been conditioned to mitigate impacts to schools to the extent allowed by applicable state law as recently amended by Proposition IA and SB 50. ENVIRONMENTAL REVIEW: (SEE ATTACHED MEMO DATED 4/13/W FROM THE PLANNING DEPT.) The Planning Director issued a Negative Declaration on November 24, 1998, for the project on the environmental impact assessment findings that no significant impacts would result from the project. The project is within the scope of the City’s General Plan MEIR in which a Statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic. As part of the Poinsettia Shores Master Plan, the project is also subject to mitigation measures required by the Poinsettia Shores Master Plan Mitigated Negative Declaration. All feasible mitigation measures required by the MEIR and Mitigated Negative Declaration have been incorporated into the project including the use of noise walls and landscaping in front of walls to reduce visual impacts. FISCAL IMPACT: No fiscal impacts will result from the project since it is consistent with the Zone 9 Local Facilities Management Plan. All required public facilities necessary to serve the Poinsettia Shores Master Plan (east side of railroad) have been completed. EXHIBITS: 1. City Council Resolution No. ?q-/a$ 2. Location Map 3. Planning Commission Resolutions No. 4460, 4461, 4462, 4463 and 4464 4. Planning Commission Staff Report, dated January 20, 1999 5. Excerpts of Planning Commission Minutes, dated January 20, 1999 6. Exhibits “X” and 7”. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, TENTATIVE MAP, CONDOMINIUM PERMIT, COASTAL DEVELOPMENT PERMIT, AND HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE THE PROPERTY INTO A TOTAL OF 40 LOTS INCLUDING 28 DUPLEX RESIDENTIAL LOTS AND 56 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS BETWEEN l-5 AND WINDROSE CIRCLE. CASE NAME: POINSETTIA SHORES PLANNING AREA C CASE NO.: CT 98-06/CP 98-05/CDP 98-27/HDP 98-40 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on January 20, 1999, the Planning Commission held a duly noticed public hearing to consider a Negative Declaration, Tentative Map (CT 98-06) Condominium Permit (CP 98-05), Coastal Development Permit (CDP 98-27) and. Hillside Development Permit (HDP 98-40) and adopted Planning Commission Resolutions No. 4460, 4461, 4462, 4463, and 4464 respectively, recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 13th day of April , 1999, held a public hearing to consider the recommendations and heard all persons interested in or opposed to the Negative Declaration, CT 98-06, CP 98-05, CDP 98-27, and HDP 98-40. 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 Negative Declaration is approved and that the findings and conditions of the Planning Commission Resolution No. 4460, 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 Tentative Map (CT 98-06) is approved and that the findings and conditions of the Planning Commission Resolution No. 4461, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. That the City Council add the following language to Condition No. 26 of Planning Commission Resolution No. 4461 to read as follows: ” . . .Regardless of whether the City accepts the trail(s) dedication, the subject trail(s) 1 2 3 4 5 6 7 8 9 10 .*i: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 shall be installed and made available to the general public prior to the occupancy of any unit ~ within Planning Area C. In the event that a Citywide Open Space Maintenance District is not formed, maintenance responsibilities shall be assumed by the Master Homeowners Association. 4. That the recommendation of the Planning Commission for the approval of the Condominium Permit (CP 98-05) is approved and that the findings and conditions of the Planning Commission Resolution No. 4462, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 5. That the recommendation of the Planning Commission for the approval of the Coastal Development Permit (CDP 98-27) is approved and that the findings and conditions of the Planning Commission Resolution No. 4463, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 6. That the recommendation of the Planning Commission for the approval of the Hillside Development Permit (HDP 98-40) is approved and that the findings and conditions of the Planning Commission Resolution No. 4464, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. , 7. That this project could have a potentially significant cumutative: traffic impact on the Palomar Airport Road/El ‘Camiho.. Real intersection. However, this project has been conditioned to pay its fair share of the Short-term improvements” thereby, guaranteeing implementation of a mitigation measure’ that ,reduces the potential impact to a level rof insignificance. .; i: : 8. Planning Commission Resolution No. 4461 is further amended by the addition of the following conditions: a) The developer shall pay its fair share for the “short-term improvements” to the El Camino ReaVPalomar Airport Road intersection prior to approval of the final map or the issuance of a grading permit, whichever occurs first. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the citywide traffic impact fee; an increased or new Zone 9 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. b) The developer shall consult with surrounding homeowners to determine the most aesthetically pleasing design for walls/fences not required to mitigate noise that are located along the projects Navigator Circle frontage. The final design shall be subject to approval of the Planning Director. CODE REMINDER: c) Off-site drainage to unapproved drainage courses is prohibited. This shall be enforced and maintained by the Planning Area C Homeowners Association and/or Poinsettia Shores Master Homeowners Association. 9. 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: -2- 1 “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 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.” 10 PASSED AND ADOPTED at a regular meeting of ‘the City Council of the City of Carlsbad on.the- 13Qh day of April 1999; by the following- vote, to wit: 7” :. 11 AYES: Council Members Lewis, Hall, FinnSa, .Nygaard and Kulchin 12 ,. 29 13 14 15 16 17 18 19 ATTEST: ALETHA L. FWUTENKRANZ, City Clerk 20 21 22 23 24 25 26 27 28 (SEAL) -3- EXHIBIT 2 @ POINSETTIA SHORES Pi. C CT 98=06/CP 98-051 CDP 98-27lHDP 98-40 6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 4460 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION TO ALLOW THE SUBDIVISION OF 11.2 ACRES INTO 40 LOTS AND 56 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS BETWEEN WINDROSE CIRCLE AND I-5 IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES PLANNING AREAC CASE NO * . . CT 98-06KP 98-05KDP 98-27lHDP 98-40 WHEREAS, Greystone Homes, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Greystone Homes, Inc., “Owner”, described as: Those portions of Lots 1 and 2 and the street between said lots as shown on Parcel Map No. 13653 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31,1985 as file no. W-033316 of official records, lying easterly of the northeasterly line of Carlsbad Tract 85-14, Phase 1 (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11616, filed in the County Recorder of San Diego County, September 12,1986. (“the Property”); and WHEREAS, the Planning Commission did on the 20th day of January, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Negative Declaration according to Exhibit “ND” dated November 24, 1998 , and “PIP dated November 12, 1998, attached hereto and made a part hereof, based on the following findings: Fiadings: 1. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the MEIR 93-01 and Mitigated Negative Declaration for CT 94-01 (Poinsettia Shores Master Plan/Master Tentative Map) which are appropriate to this project have been incorporated into this Project. 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Negative Declaration dated November 24, 1998, the environmental impacts therein identified for this project and any comments thereon prior to recommending approval of the project. Based on the EIA Part II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and thereby RECOMMENDS APPROVAL of the Negative Declaration. 3. The Planning Commission finds that the Negative Declaration reflects the independent judgment of the Planning Commission of the City of Carlsbad. 4. The Planning Commission does hereby find that the Negative Declaration, has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad. 1. Approval is granted subject to the approval of CT 98-06, CP 98-05, CDP 98-27, and HDP 98-40, subject to all conditions contained in Resolutions No. 4461, 4462, 4463, and 4464 for CT 98-06, CP 98-05, CDP 98-27, and HDP 98-40. PC RESO NO. 4460 -2- 9 l( 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of January 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Nielsen, Noble, Savary, and Welshons NOES: ABSENT: Commissioner L’Heureux ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOWMILLW Planning Director PC RESO NO. 4460 -3- 9 NEGATIVE DECLARATION Project Address/Location: Project Description: South side of Avenida Encinas between Windrose Circle and l-5 in the Poinsettia Shores Master Plan boundaries. The subdivision of Poinsettia Shores Master Plan-Planning Area C into a total of 40 lots (28 residential duplex lots, 1 private street and 11 open space lots) with 56 airspace condominiums. The project includes regrading of the hillside parcel from terraced pads to accommodate an attached mutli-family project accomplished as part of the master plan mass grading to terraced pads to accommodate duplex lots with airspace condominiums. The proposed two-story duplex condominium units range in size from 1,874 square feet to 2,250 square feet. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning Department at (760) 438-l 161, extension 4477. DATED: NOVEMBER 24,1998 CASE NO: CT 98-06/CP 98-05KDP 98-27/HDP 98-40 CASE NAME: POINSETTIA SHORES PLANNING AREA C PUBLISH DATE: NOVEMBER 24,1998 Planning Director 2075 La Palmas Dr. l Carlsbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 j3NVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANN-lNG DEPARTMENT) CASE NO: CT 98-06/CP 98-OS/HDP 98-04/CDP 98-27 DATE: NOVEMBER 12.1998 CKGROUND 1. CASE NAME: POINSETTIA SHORES - AREA C 2. APPLICANT: AREA C HOMEBIJUJXNG PARTNERS. L.P. 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4141 JUTLAND DR. SUITE 200. SAN DIEGO. CA 92117 PHOwk !619?490 6903 - 4. DATE EL4 FORM PART I SUBMITTED: 02-27-98 5. . . . PROJECT DESCRIPTION: The subdivlSlon of Po&&ia Shores Master Plan-P- Area C located south of Av&a En- between I-5 and Windrose Circle into a total of 40 lots (28 . . . resiw duplex lots. 1 nrivate street and 11 opemce lots with 56 airspace condomuliums, . . . The project tnclu.d.es regradinp of the -de parce 1 from ten-aced Dads to accommodate an hed mutli - familviect accon@&hed as part of the master -mass to terraced . Padstoomln-~ The ?ro?Josed dud= . <unltsO sauare feet SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning q Transportation/Circulation 0 Public Services 0 Population and Housing 0 Biological Resources q Utilities & Service Systems 0 Geological Problems q Energy & Mineral Resources q Aesthetics q Water q Hazards 0 Cultural Resources [XI Air Quality IXI Noise q Recreation 0 Mandatory Findings of Significance Rev. 03/28/96 - DETERMINATION. (To be completed by the Lead Agency) cl cl cl El cl - I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. r/ / a% Planner Sign&re Date Planning Directbr’s Si&ature Cl IzolqB Date 2 Rev. 03/28/96 )a - STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but &I potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 13 l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR musf be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF FNVIRONMENTAL EVATUATIO~. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 -14 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-l - 5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18;#2:Pgs 1-19) c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18) d) Affect agricultural resonrces or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-l - 5.6-18;#2:Pgs 1-19) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-l - 5.6-18) q q Cl q cl q q q q q q q lz Ix] q q q (XI II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) cl q q q q cl IXI lxl q q q 151 III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#l:Pgs 5.1-1 - 5.1-15;#2:Pgs 1-19) b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15;#2:Pgs 1-19) c) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-1 - 5.1.15;#2:Pgs 1-19) d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15) e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15;#2:Pgs 1-19) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15;#2:Pgs 1-19; #5) g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15;#2:Pgs l-19/ #5) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15;#2:Pgs 1-19; #5) i) Unique geologic or physical features? (#l:Pgs 5. l-l - 5.1-15;#2:Pgs l-19/#5) q q q q q q cl q cl q la cl El q IXI q El q IXI q 1xI q q Cl cl q q q q q q Ix] q I8 q [XI IV. WATER. Would the proposal result in: a) Changes in absorption rates, .drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-l - 5..2- 11;#2:Pgs 1-19; #i+4) q q cl ixl Rev. 03128196 /5- 5 Issues (and Supporting Information Sources). b) cl 4 e) fl g> h) i> Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5..2-11;#2:Pgs 1-19; W Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-l - 5..2-11;#2:Pgs l- 19) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5..2-11;#2:Pgs 1-19) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5..2-11;#2:Pgs 1-19) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-l - 5..2-11;#2:Pgs 1-19) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-l - 5..2-11;#2:Pgs 1-19) Impacts to groundwater quality? (#l:Pgs 5.2-l - 5..2- 11;#2:Pgs 1-19) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11;#2:Pgs 1-19) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the a) b) c) d) 4 f) g) proposal result in: Increased vehicle trips or traffk congestion? (#l:Pgs 5.7-l - 5.7.22) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22) 0 0 cl 0 cl cl 0 0 IZJ cl 0 0 El 0 0 0 0 0 q q q 0 q 0 0 0 0 0 0 0 0 0 0 0 0 q 0 q q q q q q Cl 0 q 0 q 0 0 0 q q q 0 cl [xl Is El Ix] ISI Ix1 Ix1 IXI 0 (XI lx txl cl El El lxl [XI El El 6 Rev. 03128196 )6 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated q Less Than Significant Impact NO Impact Lq - Issues (and Supporting Information Sources). VII. BIOLOGICAL RESOURCES. Would the proposal result 4 b) cl 4 e) VIII. a> b) c> in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-l - 5.4-24;#2:Pgs 1-19) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24;#2:Pgs l-19) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4- 24;#2:Pgs 1-19) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24;#2:Pgs 1-19) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l - 5.4-24;#2:Pgs 1-19) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Use non-renewable resonrces in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9;#2:Pgs 1-19) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-l - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-l - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l :Pgs 5.9- 1 - 5.9- 15; #2 - Pg 13; #4) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15;#2:Pgs 1-19) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: Potentially Significant Impact 0 0 0 0 q q 0 0 0 q q q q q 0 Potentially Significant Unless Mitigation Incorporated 0 q q 0 0 0 0 0 0 q 0 q 0 0 lx Less Than Significant Impact 0 q cl q q q q 0 0 0 q cl 0 0 q NO impact [XI IXI 0 7 Rev. 03128196 17 C Issues (and Supporting Information Sources). a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? ( ) e) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) XILUTILITIES AND SERVICES SYSTEMS. Would the a> b) cl d) 4 0 g) XIII. 4 b) cl XIV. 4 W 4 4 e> proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Communications systems? ( ) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l:Pgs 5.1 l-l - 5.1 l-5) Have a demonstrate negative aesthetic effect? (#l:Pgs 5.1 l-l - 5.1 l-5) Create light or glare? (#l:Pgs 5.1 l-l - 5.1 l-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10;#2:Pgs 1-19) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10;#2:Pgs 1-19) Affect historical resources? (#l:Pgs 5.8-l - 5.8- 10;#2:Pgs 1-19) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-l - 5.8-10;#2:Pgs 1-19) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10;#2:Pgs l- 19) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) Potentially Significant Impact q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 q Potentially Significant Unless Mitigation Incorporated 0 0 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Less Than Significant Impact q q 0 cl 0 q q 0 0 0 0 0 0 q 0 0 0 q q 0 q No impact 151 lx Ix1 lxl lxi El IXI Ix1 Ix] lxl IXI lxl lx [x1 Ix] Ix] IXI lx Ix] Ix] lxl 8 Rev. 03128196 lf - Issues (and Supporting Information Sources). b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable** means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact q q 0 q 4 Potentially Significant Unless Mitigation Incorporated q 0 0 0 Less Than No Significant lmpacf Impact q IXI q q q [xl 9 Rev. 03128196 19 - XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)@). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. 4 Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. DISCUSSION OF ENVIRONMENTAL EVALUATION OJECT DESCRIPTION/ENVIRON~ SETTING This project involves the subdivision and regrading of Planning Area C, a 9.64 acre previously graded hillside parcel located south of Avenida Encinas between I-5 and Windrose Circle in the Poinsettia Shores Master Plan, into a total of 40 lots (28 residential duplex lots, 1 private street and 11 open space lots), and the airspace subdivision of 56 condominium units. The proposed multi-family project complies with the Poinsettia Shores Master Plan regulations governing the site in that lots are not individually owned and units are airspace condominiums. The proposed project involves 69,000 cubic yards of grading with 9,000 cubic yards of import required to convert the site from terraced pads suitable for an attached condominium project to terraced building pads suitable for duplex lots containing condominium units. Increases in grade elevations from those approved by the Master Plan mass grading are 2’ or less across the site. 1. Land Use and Planning The proposed project is consistent with the General Plan and zoning designations on the property (RM) and is consistent with the Master Plan governing development of the site, which allows the proposed 56 units. The proposed development is consistent with surrounding existing and future uses since both are governed by the approved Master Plan which allows a variety of types of residential development and some supporting recreational and other supporting uses. The site is currently undeveloped but has been mass graded consistent with the approved Master Plan in anticipation of this development. Therefore, the proposed project will not disrupt any existing agricultural uses or any established community. Pursuant to the conditions of the previously approved Master Plan tentative map (CT 94-Ol), all agricultural conversion fees required for the development of this Master Plan have been paid or secured to the City’s satisfaction. 10 Rev. 03128196 2220 2. Population and Housing The project will not result in substantial growth or growth in excess of population projections. This project was anticipated by the City’s General Plan and the Master EIR adopted with the General Plan Update through the approval of the Poinsettia Shores Master Plan. The site is undeveloped. Therefore, no existing housing will be displaced. 3. Geologic Problems A geotechnical study was prepared for the project site in January 1998 by Leighton and Associates, Inc. This report concluded that the project site is suitable for the proposed development subject to the design recommendations included in the report. When developed as recommended, the project will not result in any geologic problems, including faults, ground shaking, seismic ground failure, landslides, or soils problems (expansion). Grading and construction activities on the site will be governed by the City’s standard regulations for erosion control. The site contains no unique geologic or physical features. Regrading of the site for the project will necessitate 9,000 cubic yards of import. 4. Water The development of the subject site will result in changes to absorption rates over the natural undisturbed condition. However, all drainage for the project is consistent with the Master Plan as determined by the LFMP 9 drainage facilities plan and drainage facilities will meet the City’s Engineering standards. The project will not result in creation of any water-related hazards or any changes to surface or ground waters. There will also be no impacts to the course or direction of any water bodies. 5. Air Quality The implementation of projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfiu, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle tips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. 11 Rev. 03128196 d/ Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. 6. Traffic Circulation The project, which will generate 448 ADT, is consistent with the parcel’s RM General Plan land use designation and the Poinsettia Shores Master Plan; therefore, it is within the scope of the City’s MEIR for the 1994 General Plan update. Roadway improvements have been constructed in accordance with the Poinsettia Shores Master Plan and Zone 9 LFMP to adequately handle all traffic generated by development within the master plan boundaries; therefore, no additional mitigation, in the way of roadway improvements, is necessary. The implementation of projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. 6. Transportation/Circulation The implementation of subsequent projects that are consistent with and included in the updated 12 Rev. 03128196 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. 7. Biological Resources The project site does not contain any biological resources or sensitive habitat. It has been previously mass graded in preparation for development. Therefore, there will be no negative impacts to biological resources as a result of this project. 8. Energy and Mineral Resources The proposed project will not result in negative impacts to energy and mineral resources. The site contains no mineral resources, and the project is not in conflict with any adopted energy conservation plans. 9. Hazards There will be no hazards or health hazards associated with the development of this site with the planned residential units. The project’s circulation system is designed to comply with any applicable requirements for emergency response/evacuation plans. The project site is sun-ounded by similar residential development and will not result in, nor be subject to, increased fire hazard from brush, grass, or trees. 13 Rev. 03128196 J3 ^ - 10. Noise In accordance with mitigation required as part of the Mitigated Negative Declaration approved for the Master Plan, a noise analysis has been prepared for Planning Area C by Mestre Greve Associates which specifies the location, height, and alternative materials of noise walls necessary to attenuate roadway noise from I-5 and Avenida Encinas to meet City standards. These recommendations for noise walls have been incorporated into the proposed project; therefore, exterior noise levels will not exceed the City’s 60 dBA CNEL standard. Interior noise levels will exceed the City’s 45 dFJA CNEL standard with windows open; therefore, the project will be conditioned to require mechanical ventilation for all buildings in the project. Additionally, prior to building permit issuance, the recommendations of an indoor noise analysis performed to determine the need for building upgrades for residential units adjacent to I-5 must be incorporated into the final architectural plans. 11. Public Services The proposed project will not result in significant negative impacts to public services. The project was anticipated by the City’s General Plan buildout analysis and will be conditioned to comply with all applicable requirements of the Local Facilities Management Plan for Zone 9. This condition will ensure that all necessary public services standards are met prior to or concurrent with the development. 12. Utilities and Services Systems The proposed project will not result in significant negative impacts to utilities and services systems. The project was anticipated by the City’s General Plan buildout analysis and will be conditioned to comply with all applicable requirements of the Local Facilities Management Plan for Zone 9. This condition will ensure that all necessary improvements are provided prior to or concurrent with the development. 13. Aesthetics The proposed project will not result in negative aesthetic impacts in that buildings will be minimally visible from arterial roadways and a combination of landscaped slopes, enhanced retaining walls, and enhanced architectural building and roof elements will complement the physical setting. The project is located adjacent to I-5, however, the project will not result in significant light or glare since units are separated by a 6’ - 7’ high sound/screen wall and landscaping. 14. Cultural Resources No cultural resources are associated with the subject project site. All required cultural/archaeological/paleontological monitoring required for the development of the Master Plan was completed satisfactorily during the mass grading of the site. The project site does not serve any religious or sacred uses. 15. Recreational The project site does not currently provide any recreational opportunities. When developed as 14 Rev. 03128196 44 proposed, the site will provide recreational opportunities for the residents of the planning area in the form of private yards and a trail system. The Master Plan also includes a centralized active recreational area for the residents of the Master Plan area. Because the proposed project is a different product type from that considered by the original Master Plan, the project will be conditioned to obtain more park credits or pay additional park in-lieu fees above those already paid under the original Master Plan project approval. SOURCE DOCUMENTS: - Note: All source documents are on file in the Planning Department located at 2075 Las Palmas Drive, Carlsbad, CA 92009, Phone (760) 438-1161. 1. 2. 3. 4. 5. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update certified September 6, 1994. Mitigated Negative Declaration for Poinsettia Shores Master Tentative Map (CT 94-Ol/HDP 94-03), approved July 6,1994, City of Carlsbad Planning Department. “Preliminary Drainage Study for Poinsettia Shores Area C” dated January 28, 1998 prepared by O’Day Consultants, Inc. “Indoor and Outdoor Noise Analysis for Poinsettia Shores (Planning Area C)” revised February 15, 1998, prepared Mestre Greve Associates. “Geotechnical Report for Tentative Map Purposes, Poinsettia Shores, Planning Area C, Carlsbad California”, dated January 27, 1998 prepared by Leighton and Associates, Inc. 15 Rev. 03128196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C h A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO SUBDIVIDE 11.2 ACRES INTO 40 LOTS AND 56 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS BETWEEN WINDROSE CIRCLE AND I-5 IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES PLANNING AREAC CASE NO.: CT 98-06 WHEREAS, Greystone Homes, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Greystone Homes, Inc., “Owner”, described as Those portions of Lots 1 and 2 and the street between said lots as shown on Parcel Map No. 13653 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31, 1985 as file no. 85- 033316 of official records, lying easterly of the northeasterly line of Carlsbad Tract 85-14, Phase 1 (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11616, filed in the County Recorder of San Diego County, September 12,1986. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - “EE” dated January 20, 1999, on file in the Planning Department POINSETTIA SHORES PLANNING AREA C, CT 98-06, as provided by Title 20 (Subdivision Ordinance) of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of January, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of POINSETTIA SHORES PLANNING AREA C, CT 98-06, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. That the proposed map and the proposed design and improvement of the subdivision as condition, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for RM residential development on the General Plan and the land uses called for by the approved Master Plan (RM residential uses) implement the City’s General Plan. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the approved Master Plan and any other applicable City regulations. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the project site is in 99 PC RESO NO. 4461 -2- 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A - an area of predominantly westerly winds and has been designed to provide for adequate circulation within and surrounding the proposed residential units. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site has been previously graded and contains no environmentally sensitive species or habitat. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with all applicable National Pollution Discharge Elimination System (NPDES) requirements. 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the following: A. B. C. D. E. Land Use - The project is consistent with the City’s General Plan since the proposed density of 5.8 du/ac is within the density range of 4 - 8 du/ac specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the density allowed by the Poinsettia Shores Master Plan (8 du/ac) for the project site. Circulation - The circulation system is designed to provide adequate access to the proposed units, and complies with all applicable City design standards and all requirements of the approved Master Plan. Noise - The proposed residential development has been designed to include a noise wall to mitigate noise impacts from the adjacent roadways and the proposed units will be constructed to mitigate noise impacts to the interior of the units. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has entered into an Affordable Housing Agreement and purchased credits for 90 dwelling units in the Laurel Tree housing development as affordable to lower-income households. Parks and Recreation - The proposed project provides private recreation areas in the form of private yards and provides a common recreation area in a centralized location within the Master Plan. ClP PC RESO NO. 4461 -3- -” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: A. The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project; B. Statutory School fees will be paid, or the obligation of the existing Schools Agreement shall be satisfied, to ensure the availability of school facilities in the Carlsbad Unified School District; C. Park-in-lieu fees are required as a condition of approval; D. All necessary public improvements have been provided or are required as conditions of approval; and E. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 9. . . Condltlons, . NOTE: Unless specifically stated in the condition, all of the following conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map. 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents 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. 29 PC RESO NO. 4461 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 9. 10. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the final decision making body. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolution(s) on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. The final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. A note to this effect shall be placed on the final map. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 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 February 27,1998, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 9 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of CT 98-06 is granted subject to the approval of CP 98-05, CDP 98-27, and HDP 98-40. CT 98-06 is subject to all conditions contained in Planning Commission Resolutions No. 4462,4463, and 4464 for CP 98-05, CDP 98-27, and HDP 98-40. PC RESO NO. 4461 -5 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement by the City. 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. C. Special Assessments Levied by the City. 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 till within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and PC RESO NO. 4461 -6- 3/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. D. A statement to the effect that no enclosed or unenclosed additions shall be allowed at any time by any owners, successors in interest, and/or occupants, except for the allowance shown on the approved “Balcony/Deck, Trellis/Patio Cover Exhibit.” E. Maintenance responsibilities for the common open space lots (to be maintained by the Master Homeowners Association or the Planning Area C Homeowners association) and for the exclusive use areas (to be maintained by the owners of duplex lots and/or individual unit owners) shall be as delineated on the approved “Maintenance Responsibilities” exhibit, and this information shall also be shown on the detailed landscape plan for this project. The Condominium Plan (filed with the Department of Real Estate) shall be in conformance with the “Maintenance Responsibilities” exhibit. 12. Prior to the issuance of the building permit, 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 successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Condominium Permit, Coastal Development Permit, and Hillside Development Permit by Resolutions No. 4461, 4462, 4463, and 4464 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. 13. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. 14. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 15. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. 16. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 34 PC RESO NO. 4461 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 24. 25. . . . . . . The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. In addition, the sales office shall prominently display the approved ‘(Balcony/Deck, Trellis/Patio Cover Exhibit.” All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. This project is being approved as a condominium permit for residential home ownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney. Prior to the granting of occupancy for the first dwelling unit in this planning area (Planning Area C) the construction of the onsite pedestrian trail located on lot 40 shall be completed. The Developer shall provide proof of payment of statutory school fees or proof of compliance with the School Funding and Mitigation Agreement as signed by the Carlsbad Unified School District and Kaiza Poinsettia Corporation dated August 29, 1994 to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application, unless the signed School Agreement is adequately mitigating school facilities impacts. In accordance with the “Indoor and Outdoor Noise Analysis for Poinsettia Shores (Planning Area C)” revised February 15, 1998 prepared by Mestre Greve Associates, prior to occupancy of any of the dwelling units, the developer shall construct noise barrier walls not to exceed 6’ (exposed) in height as shown on Exhibits “BB” - “CC” dated January 20,1999. All project retaining walls, fence walls, fences, and project entry gates shall be located and constructed as shown on Exhibits “BB” - “EE” dated January 20,1999. PC RESO NO. 446 1 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 28. 29. 30. A 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 u within Open Space Lot 40. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. A qualified paleontologist and archeologist shall be present at a pre-grading conference with the developer, grading contractor, City engineering and planning staff. The purpose of this meeting will be to consult and coordinate the role of the paleontologist and archeologist in the grading of the subject site. A qualified paleontologist and archaeologist are individuals with adequate knowledge and experience with fossilized and archeological remains likely to be present to identify them in the field and are adequately experienced to remove the resources for further study. No grading permits shall be issued until the monitoring plan has been approved by the Planning Director. The paleontologist and archeologist monitors shall be present during grading as determined at the pre-grading conference. The monitors shall have authority to temporarily direct, divert or halt grading to allow adequate recovery of any cultural remains, artifacts or resources. At the discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate bone and teeth. As referenced in the “Archaeological Excavations of Cultural Resources at the Batiquitos Pointe and Batequitos Bluff Projects” report dated September 10, 1985 by Brian Smith, special care shall be given to the grading and monitoring of site W-95. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified professionals as may be determined by the Planning Director. The contractor shall be aware of the random nature of fossil and artifact occurrences and the possibility of a discovery of resources of such scientific and/or educational importance which might warrant a long term salvage operation or preservation. Any conflicts regarding the role of the paleontologist and archaeological monitors and/or recovery times shall be resolved by the Planning Director. If any resources are recovered, paleontological and/or archaeological monitoring reports shall be submitted to the Planning Director prior to occupancy of any buildings or certification of the pads by the City’s Engineering Department. This report shall describe all the materials recovered, assess their significance, and provide a tabulation of the number of hours spent the monitors on the site. Jhwiuggring: 31. Prior to issuance of any building permit, the developer shall requirements of the City’s anti-graffiti program for wall treatments program is formerly established by the City. PC RESO NO. 4461 -9- comply with the if and when such a 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. 33. 34. 35. 36. 37. 38. There shall be one final subdivision map recorded for this project. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer. 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. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. The developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs): “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” FeesIAFreements 39. The developer shall pay all current fees and deposits required. 40. The owner shall execute a hold harmless agreement for geologic failure. 41. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping PC RESO NO. 4461 -lO- 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 District No. 1 on a form provided by the City. Gradiag 42. 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 a building permit for the project.) 43. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. Dedications/Imurovements 44. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. 45. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 46. The owner shall grant a covenant of easement for general access, utilities and drainage easement as shown on the tentative map. The covenant of easement shall also provide access to adjacent property (APN 216-140-39 “Lamb property”) as shown on the tentative map. The covenant of easement shall be shown and recording information called out on the final map. 47. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. PC RESO NO. 4461 -ll- 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 48. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: l The private street system as shown on the tentative map. l The sewer, water and reclaimed water systems as required by the Carlsbad Municipal Water District. l The (2) gated entrances to this project. l The public trail system and required improvements adjacent to and associated with development of this planning area. l Improve any transition and/or damages to Windrose Circle and Navigator Circle directly fronting Parcel C as a direct result of project construction. 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. 49. The design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. Final I!Qp Notes 50. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: A. All improvements within the boundaries of this subdivision are PC RESO NO. 4461 -12- 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. D. Water: 51. 52. 53. 54. 55. privately owned and are to be privately maintained with the exception of 1. Sewer and Water main lines within the public easements granted to the City or to the Carlsbad Municipal Water District. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available. Access to adjacent property (APN 216-140-39) is provided as a covenant of easement through this subdivision. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. The Developer shall provide detailed information to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer flow in million gallons per day. The entire potable water system, recycled water system and sewer system shall be evaluated in detail by Developer and District Engineer to insure that adequate capacity, pressure and flow demands can be met. All District pipelines, pump stations, pressure reducing stations and appurtenances required for this project by the District shall be within public right-of-way or within easements granted to the District or the City of Carlsbad. Sequentially, the Developer’s Engineer shall do the following: A. B. Meet with the City Fire Marshal and establish the fire protection requirements. 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. PC RESO NO. 4461 .13- 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 56. 57. 58. m: 59. C. Prior to the preparation of sewer, water and recycled water improvement plans, the Developer shall submit preliminary system layouts to the District Engineer for review, comment and approval. The following note shall be placed on the final map. “This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the District serving the development has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy.” All potable water and recycled water meters shall be placed within public right of way. 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. Provide additional public fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street inter sections when possible, but should be positioned no closer than 100 feet from terminus of a street or driveway. General Condition: 60. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this tentative map. . . Code Reminder& The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 61. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. PC RESO NO. 4461 -14- 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 62. 63. 64. 65. The tentative tract map approval shall expire twenty-four (24) months from the date of the City Council Resolution containing the final decision for tentative tract map approval. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Developer shall apply for and obtain Fire Department evaluation of the building plans for conformance with applicable fire and safety requirements of the state and local fire codes prior to the issuance of building codes. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . PC RESO NO. 4461 -15- 1 2 3 4 5 6 7 8 ABSENT: Commissioner L’Heureux 9 ABSTAIN: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of January 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Nielsen, Noble, Savary, and Welshons NOES: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4461 -16- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO, 4462 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT TO SUBDIVIDE 11.2 ACRES INTO 40 LOTS AND 56 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS BETWEEN WINDROSE CIRCLE AND I-5 IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES PLANNING AREAC CASE NO * . . CP 98-05 WHEREAS, Greystone Homes, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Greystone Homes, Inc., “Owner”, described as: Those portions of Lots 1 and 2 and the street between said lots as shown on Parcel Map No. 13653 in the City of Carlsbad, County of San Diego, State of California, Iiled in the Office of the County Recorder of San Diego County, January 31, 1985 as file no. 85 033316 of offtcial records, lying easterly of the northeasterly line of Carlsbad Tract 85-14, Phase 1 (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11616, filed in the County Recorder of San Diego County, September 12,1986. (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibit(s) “A” - “EEn dated January 20, 1999, on file in the Planning Department, POINSETTIA SHORES PLANNING AREA C, CP 98-05, as provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of January, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 Condominium Permit. I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: I -3 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of POINSETTIA SHORES PLANNING AREA C, CP 98-05, based on the following findings and subject to the following conditions: Findings: 1. All findings of Resolution No. 4461 for CT 98-06 are incorporated herein by reference. 2. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan and all adopted plans of the City and other governmental agencies, in that the multi-family project is consistent with the Residential Medium (RM) density land use designation and Poinsettia Shores Master Plan and in compliance with all applicable development standards and design criteria. 3. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that the project contributes to housing diversity in the Master Plan area and is consistent with existing single family development in the surrounding community. 4. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 2 1.45.090, the design criteria set forth in Section 2 1.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that: 1) the project is consistent with applicable development standards for building height, setbacks, private recreational space, private street widths, and guest parking; 2) the terraced project design is oriented and related to the hillside topography; 3) duplex lots/units are consistent with surrounding land uses, circulation patterns and open space in accordance with the Poinsettia Shores Master Plan; 4) the internal 32’ wide single loaded street system is designed for the safe and efficient flow of vehicles throughout the project; and 5) the enhanced architectural design is consistent with surrounding development within the Poinsettia Shores Master Plan boundaries. PC RESO NO. 4462 -2- 4!3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project is conditioned to conform to all design and development standards required by the Carlsbad Municipal Code. 6. That the proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the project design is consistent with surrounding single family development, and the proposed density of 5.8 dwelling units/acre is within the Residential Medium (RM) density range and does not exceed the Growth Management control point. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project, in that private gates and streets are designed to City standards and provide direct access to all units. Guest parking spaces are provided on single-loaded streets or in bays throughout the project to avoid impacts to surrounding areas and pedestrian circulation (sidewalks) including a publicly dedicated trail through the project is included. . . CondW . . 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Condominium 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 CP 98-05 is granted subject to the approval of CT 98-06, CDP 98-27, and HDP 98-40. CP 98-05 is subject to all conditions contained in Resolution No. 4461, 4463, and 4464 for CT 98-06, CDP 98-27, and HDP 98-40. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RESO NO. 4462 -3- 44 - 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 20th day of January, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Nielsen, Noble, Savary, and Welshons NOES: ABSENT: Commissioner L’Heureux ABSTAIN: COURTNEY HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4462 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4463 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE 11.2 ACRES INTO 40 LOTS AND 56 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS BETWEEN WINDROSE CIRCLE AND I-5 IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES PLANNING AREAC CASE NO.: CDP 98-27 WHEREAS, Greystone Homes, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Greystone Homes, Inc., “Owner”, described as Those portions of Lots 1 and 2 and the street between said lots as shown on Parcel Map No. 13653 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31,1985 as file no. 85033316 of official records, lying easterly of the northeasterly line of Carlsbad Tract 85-14, Phase 1 (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11616, filed in the County Recorder of San Diego County, September 12,1986. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “EE” dated January 20, 1999,0n file in the Planning Department, POINSETTIA SHORES PLANNING AREA C, CDP 98-27, as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of January 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of POINSETTIA SHORES PLANNING AREA C, CDP 98-27, based on the following findings and subject to the following conditions: PindingS: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project complies with all applicable requirements of the Poinsettia Shores Master Plan which is the approved coastal zone land use implementation document for the project site.. . . Condrtrons . . 1. 2. 3. 4. 5. 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. 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. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. All grading operations shall be limited to the period from April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of the initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. Approval of CDP 98-27 is granted subject to the approval of the Negative Declaration, CT 98-06, CP 98-05, and HDP 98-40. CDP 98-27 is subject to all conditions contained in Resolutions 4460,4461,4462, and 4464. PC RESO NO. 4463 -2- 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of January, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Nielsen, Noble, Savary, and Welshons NOES: ABSENT: Commissioner L’Heureux ABSTAIN: cr y COURTNEY %rflcMmhairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO 4464 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 11.2 ACRES INTO 40 LOTS AND 56 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS BETWEEN WINDROSE CIRCLE AND I-5 IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES PLANNING AREAC CASE NO.: P 98-40 WHEREAS, Greystone Homes, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Greystone Homes, Inc., “Owner”, described as Those portions of Lots 1 and 2 and the street between said lots as shown on Parcel Map No. 13653 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31,1985 as file no. 85-033316 of official records, lying easterly of the northeasterly line of Carlsbad Tract 85-14, Phase 1 (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11616, filed in the County Recorder of San Diego County, September 12,1986. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “A” - “EE” dated January 20, 1999, on file in the Carlsbad Planning Department, POINSETTIA SHORES PLANNING AREA C, HDP 98-40, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of January, 1999, consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of POINSETTIA SHORES PLANNING AREA C, HDP 98-40, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. In accordance with the approved Poinsettia Shores Master Hillside Developmen Permit, HDP 94-03, and Master Subdivision Map, CT 94-01, which authorized mass grading including Planning Area C, the Hillside Development Permit for development of Planning Area C is required to ensure that crib (retaining) walls and structures are in accordance with the Hillside Development Ordinance, Chapter 21.95, of the Carlsbad Municipal Code That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map; That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that 40% slopes created by previously approved grading are identified and excluded from the provisions of the ordinance, proposed grading quantities are within the acceptable range, and slopes created by proposed grading do not exceed 30’ in height. That the project design minim&es disturbance of hillside lands in that: 1) project grading is well below the acceptable range; and 2) the project design, through the use of retaining walls and slopes that do not exceed 30’ in height, enables terraced building pads separated by landscaped slopes thereby retaining hillside topography. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that units are set back from tops of slope a minimum of 15’ and roof lines are parallel with adjacent slopes. PC RESO NO. 4464 -2- -Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 98-40 is granted subject to the approval of CT 98-06, CP 98-05, and CDP 98-27. HDP 98-05 is subject to all conditions contained in Resolution No. 4461, 4462, and 4463 for CT 98-06, CP 98-05, and CDP 98-27. NOTICE 1 Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4464 -3- 3-/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of January, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Nielsen, Noble, Savary, and Welshons NOES: ABSENT: Commissioner L’Heureux ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4464 -4- - 1. The City of CARLSBAD Planning Department EXHBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. 0 6 Application complete date: August 24, 1998 P.C. AGENDA OF: January 20,1999 Project Planner: Anne Hysong Project Engineer: Clyde Wickham SUBJECT: CT 98-06/CP 98-05/CDP 98-27/HDP 98-40 - POINSETTIA SHORES PLANNING AREA C - Request for approval of a Negative Declaration, Tentative Tract Map, Condominium Permit, Coastal Development Permit and Hillside Development Permit to create a total of 40 lots (28 duplex lots, 1 private street, and 11 open space lots) with 56 airspace condominiums located south of Avenida Encinas between Windrose Circle and I-5 in the P-C zone and Local Facilities Management Zone 9. I. COMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4460 RECOMMENDING APPROVAL of a Negative Declaration and ADOPT Planning Commission Resolutions No. 4461, 4462, 4463, and 4464 RECOMMENDING APPROVAL of CT 98-06, CP 98-05, CDP 98-27, and HDP 98-40, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a tentative tract map, condominium permit, coastal development permit, and hillside development permit to allow the development of Planning Area C in the Poinsettia Shores Master Plan. The proposed project involves the subdivision and grading of the 9.64 acre parcel into 28 duplex lots with 56 airspace condominium units, 1 private street lot, and 11 open space lots. As designed and conditioned, the project is in compliance with the General Plan, Subdivision Ordinance, Poinsettia Shores Master Plan, West Batiquitos Lagoon Segment of the Local Coastal Program, and relevant zoning regulations of the Carlsbad Municipal Code. III. PROJECT DESCRIPTION AND BACKGROUND The proposed project consists of the subdivision and grading of Poinsettia Shores Planning Area C to enable the construction of 56 airspace condominium units on 28 duplex lots. The subdivision would create duplex lots (which are less than 7,500 square feet), private streets, and airspace condominiums on each duplex lot. Therefore, the project requires approval of a condominium permit to ensure compliance with the Planned Development Ordinance. Planning Area C is also a hillside lot requiring approval of a Hillside Development Permit, and its location CT 98-06/CP 98-05KDP ~8-27/HDP 98-40 - POINSETTIA SHORES PLANNING AREA C January 20,1999 within the coastal zone requires approval of a Coastal Development Permit to ensure compliance with the West Batiquitos Lagoon LCP segment. As part of the Poinsettia Shores Master Plan mass grading, Planning Area C was graded into three primary building pads that step down the site to the west to accommodate large multi- family structures. The proposed grading design is also terraced, however, the majority of the long narrow parcel is proposed with a combination of retaining walls and slopes necessary to create a single row of large flat building pads to support duplex lots with private front and rear yards that are directly accessible from private streets. The southern end of the project widens significantly, and three terraced pads are proposed at that location to accommodate duplex lots and private streets along each terrace. Proposed grade elevations adjacent to I-5 are lower than the existing grade except at the southern end of the site where building pad elevations are increased a maximum of 2.7’. A combination of slumpstone and fieldstone veneer retaining and noise walls (separated by landscaping) are proposed along property lines separating the parcel from the I-5 freeway right-of-way, Avenida Encinas, and Windrose Circle. The approved Master Plan community entry monument to be constructed of fieldstone veneer and located along Planning Area C’s Avenida Encinas frontage is included on the proposed plans. The applicant has proposed to utilize the fieldstone veneer on project retaining walls that begin above the monument and continue around Windrose Circle. Primary access to the project is from Windrose Circle via Street “A”, and secondary access for residents only is provided from Navigator Circle via Street “B”. A gated entry with adequate turn around and call box is proposed at the main entry for Street “A” and a gated entry that is accessible to residents only is proposed for Street “B”. Single-loaded, 32’ wide private streets with guest parking on one side are proposed throughout the subdivision except at the southern end of Street “C” where the street width is reduced to 24’ as permitted by the Master Plan. Project entry signage is proposed near the project’s Street “A” entrance in conformance with the Master Plan sign program. The proposed duplex structures are designed in three separate configurations. Each duplex consists of a combination of two of three proposed floor plans which range in size from 1,876 square feet to 2,250 square feet. The two-story duplex structures include a two-car garage for each unit and private patios and balconies. Private front and rear yards are shared in common by the owners of each duplex lot. The rear yards are shown on the site plan as divided for exclusive use of the owner of each duplex unit, and the project CC&Rs are conditioned to address the maintenance responsibilities. In accordance with the Master Plan, proposed building heights, which do not exceed 35’ above existing grade, are 30’ from proposed grade. The project is subject to the following land use plans, policies, programs, and zoning regulations: A. General Plan B. Poinsettia Shores Master Plan C. West Batiquitos Lagoon segment of the Local Coastal Program CT 98-06/CP 98-05KDP sr8-27/HDP 98-40 - POINSETTIA SHOWS PLANNING AREA C January 20,1999 1. Chapters 21.201 and 21.203 - Coastal Development Permit Procedures and Coastal Resource Protection Overlay Zone of the Carlsbad Municipal Code D. Carlsbad Municipal Code, Title 2 1 (Zoning Ordinance) including: 1. Chapter 2 1.45 - Planned Development Ordinance; . 2. Chapter 21.95 - Hillside Development Ordinance; E. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance) F. Growth Management (Local Facilities Management Zone 9) IV. 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 policies/regulations utilizing both text and tables. A. General Plan The approval of the Poinsettia Shores Master Plan included findings of consistency with the General Plan. Consequently, all subsequent development of the individual planning areas consistent with the Master Plan is consistent with the General Plan. Planning Area C is designated by the General Plan and Master Plan for residential medium density (RM) development; the Master Plan allows a maximum of 70 multi-family dwelling units. The proposed project density is 5.8 dwelling units/acre resulting in a total of 56 airspace condominium units. In accordance with the Circulation Element, all circulation arterial roadways and local streets required to serve development within the Poinsettia Shores Master Plan are completed and the project is conditioned to complete all private street improvements within Planning Area C prior to occupancy. The project is consistent with the Housing Element in that inclusionary housing requirements for the Poinsettia Shores Master Plan, including Planning Area C, have been satisfied through the reservation of 90 units in the approved Laurel Tree affordable housing project. B. Poinsettia Shores Master Plan As shown by the following table, the project is consistent with the applicable Poinsettia Shores Master Plan development regulations for Planning Area C as well as master plan theme elements including landscape guidelines, project entries and signs, and trails. POINSETTIA SHORES MASTER PLAN COMPLIANCE STANDARD REQUIRED PROPOSED Density 70 Units 56 Units CT 9%06KP 9%05/CDP ~8-27HDP 98-40 - POINSETTIA SHOkES PLANNING AREA C January 20,1999 STANDARD REQUIRED PROPOSED Setbacks: Avenida Encinas Front Yard Lot Size Private Street Width Access to 216-140-16 Views 20’ Minimum 44’ Minimum Minimum of 5’ = 11 Units or less 6 Units Minimum of 10’ = 28 Units or less 28 Units Minimum of 20’ = 17 Units or more 22 Units No individually owned lots Duplex lots with airspace condo- minimums allowing individual ownership of units only; 32’ Parking on one side 32’ parking on one side 24’ Private street (segment) serving 10 or fewer units 24’ Unrestricted through Planning Area 20’ wide unrestricted C gated access easement Maximize Views All units have views to the west Sight Distance Gated entry turnarounds CT 94-01 - Master Tentative Environmental Mitigation Conditions: Noise Building Height Entry Sign Location Trails AASHTO standards AASHTO “P” standards Noise Study Noise walls/berms (I-5, Avenida Encinas and Windrose Circle) 35’ Windrose Circle access Construction prior to occupancy Designed to AASHTO standards Designed to AASHTO “P” - turnaround for passenger vehicles Noise Analysis performed Noise walls not to exceed 6’ (exposed) at designated locations 30’ Windrose Circle access Construction prior to occupancy CT 98-06KP 98-05KDP v8-27HDP 98-40 - POINSETTIA SHORES PLANNING AREA C January 20,1999 STANDARD Hillside Development Ordinance REQUIRED Hillside Development Permit Ensure consistency with hillside development standards PROPOSED Hillside Development Permit C. West Batiquitos Local Coastal Program The project is consistent with the West Batiquitos segment of the Local Coastal Program in that agricultural mitigation fees for Planning Area C were previously paid. In addition, the construction of a public trail and the necessary grading and erosion control restrictions, including prohibiting grading during the rainy season from October 1st to April lst, are imposed by condition. The site, which has been previously disturbed by grading, contains no sensitive habitat or other coastal resources. The Poinsettia Shores Master Plan serves as the implementing ordinance of this LCP segment, and as specified in Section B above, the project is consistent with the Poinsettia Shores Master Plan. Dl. Planned Development Ordinance The proposed subdivision would create duplex lots that are a minimum of 7,000 square feet in area and airspace ownership of duplex units on each lot. The proposed project is subject to and consistent with the following Planned Development Ordinance development standards unless the Master Plan imposed alternate development standards: STANDARD REQUIRED PROVIDED Arterial Setbacks See Master Plan Compliance Not Applicable Front Yard Setback See Master Plan Compliance Not Applicable Distance Between Structures Not Applicable Not Applicable (10 structures in a row) Recreational space Private: 15’ x 15’ yard 15’ x 15’ yard* Common: Provided in Master Plan Area M Not Applicable RV Storage Provided in Master Plan Area E Not Applicable I Resident Parking I 2 covered spaces/unit I 2 car garage/unit I Visitor Parking Building Height 17 spaces 30’ Maximum 82 spaces 30’ *The Planned Development Ordinance building height standard is more restrictive than the Master Plan building height standard. The rear yard of each duplex lot is divided into separate exclusive use areas by a fence extending from the structure to the rear property line. This exclusive use right is established, defined, and protected through the project’s approved site and landscaping plans, conditions of approval of the tentative map, and eventually the required 57 CT 98-06/CP 98-05/CDP 98-27/HDP 98-40 - POINSETTIA SHORES PLANNING AREA C January 20,1999 Page 6 CC&Rs. The project entry area, streets, slopes, drainage facilities, and other common areas will be maintained by the homeowners association. Each exclusive use area will be maintained by the individual homeowner. D2. Hillside Development Ordinance The Poinsettia Shores Master Plan requires that a Hillside Development Permit be processed with the development proposal for Area C for the purpose of addressing structures and crib (retaining) walls. The Master Tentative Map (CT 94-01) and Hillside Development Permit (HDP 94-03) allowed the mass grading of the entire Poinsettia Shores Master Plan area including Planning Area C. HDP 94-03 enabled terraced building pads separated by 2:l slopes and anticipated that development of Planning Area C would involve further grading and utilization of crib/retaining walls. The proposed project involves 69,000 cubic yards of grading with 9,000 cubic yards of import required to convert the site from terraced pads suitable for an attached condominium project to terraced building pads suitable for duplex lots containing condominium units. Increases in building pad elevations from those approved by the Master Plan mass grading are 2.7’ or less across the site. In accordance with hillside regulations applicable in the coastal zone, the areas of 40% slope created by the previous mass grading of the Master Plan area are identified and excluded from the provisions of the Hillside Development Ordinance. The proposed grading design utilizes a combination of 6’ high (maximum) retaining walls and 2: 1 slopes to enable deeper building pads that are approximately the same elevation as the existing highest building pads located along the eastern property line. The proposed deeper building pads can accommodate 32’ wide private streets and duplex lots with private front and rear yards. The proposed combination of walls and slopes is consistent with the Hillside Ordinance in that the overall height does not exceed 30’. The project is consistent with the Hillside Ordinance architectural guidelines in that the majority of units, including balconies and patio covers, are set back from the top of slope a minimum of 15’. Roof lines are designed parallel with manufactured slopes and rear building elevations visible from surrounding roadways include enhanced detailing. A uniform wall and fence plan is also included in the project to ensure that all fencing visible from surrounding roadways will visually enhance the development and be consistent with the approved Master Plan Wall/Fence program. E. Subdivision Ordinance The proposed subdivision complies with all applicable requirements of the City’s Subdivision Ordinance. The site is served by existing public streets and utilities, and the project is conditioned to construct all necessary private street and utility improvements to serve the proposed units. The subdivision design orients structures in an east-west alignment and takes advantage of shade and prevailing breezes. - CT 98-06KP 98-05KDP v8-27/HDP 98-40 - POINSETTIA SHORES PLANNING AREA C January 20, 1999 F. Growth Management The proposed project is located within Local Facilities Management Zone 9 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below. City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Qpen Space Schools Sewer Collection System Water 194.7 square feet 103.8 square feet 56 EDU .39 acres N/A 448 ADT Stations No. 2 & 4 Master Plan Open Space CUSD 56 EDU 12,320 GPD Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Based on the findings of the initial study, the project is within the scope of the MEIR for the City of Carlsbad General Plan update (EIR 93-01) certified in September, 1994, in which a Statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic. All feasible mitigation measures identified in the MEIR which are appropriate to this project have been incorporated into the project. Planning Area C is also part of and therefore subject to mitigation measures required by a Mitigated Negative Declaration approved for the Poinsettia Shores Master Plan (MP175D) and the Master Tentative Map (CT 94-01). All applicable mitigation measures required by the Mitigated Negative Declaration have been completed or designed into the project, including noise attenuation through the use of noise walls and landscaping in front of walls to reduce visual impacts. The environmental analysis performed for the project revealed that: 1) the site is currently served by existing infrastructure that can accommodate the additional project demand; 2) the site has been previously disturbed by grading; 3) the site is devoid of any significant cultural or natural biological resources; and 4) no visual impacts would result due to the project’s site and architectural design. Based on findings that no significant environmental impacts would result from the project, the Planning Director issued a Negative Declaration on November 24, 1998. No comments were received during the public comment period. 59 - - CT 9%06KP 98-OYCDP r8-27HDP 98-40 - POINSETTIA SHORES PLANNING AREA C January 20,1999 ATTACHMENTS: 1. Planning Commission Resolution No. 4460 (Neg. Dec.) 2. Planning Commission Resolution No. 4461 (CT) 3. Planning Commission Resolution No. 4462 (CP) 4. Planning Commission Resolution No. 4463 (CDP) 5. Planning Commission Resolution No. 4464 (HDP) 6. Location Map 7. Background Data Sheet 8. Disclosure Statement 9. Reduced Exhibits 10. Full Size Exhibits “A” - “EE” dated January 20,1999 AH:eh:mh BACKGROUND DATA SHEET CASE NO: CT 9%06/CP 98-05/CDP 98-27/HDP 98-40 CASE NAME: POINSETTIA SHORES PLANNING AREA C APPLICANT: GREYSTONE HOMES. INC. REQUEST AND LOCATION: Request for approval of a Negative Declaration. Tentative Tract Map. PUDKondominium Permit. Coastal Develovment Permit and Hillside Development Permit to create a total of 40 lots (28 duvlex lots. 1 vrivate street. and 11 open space lots) with 56 airspace condominiums located south of Avenida Encinas between Windrose Circle and I-5 in the P-C zone and Local Facilities Manapement Zone 9. LEGAL DESCRIPTION: Those portions of Lots 1 and 2 and the street between said lots as shown on Parcel Map No. 13653 in the City of Carlsbad. Countv of San Dieao. State of California. filed in the Office of the County Recorder of San Diego County. Januarv 31. 1985 as tile no. 85033316 of official records. lying easterlv of theeasterlv northeasterly line of Carlsbad Tract 85-14. Phase 1 (Batiquitos Lapoon Educational Park). in the Citv of Carlsbad. County of San Diego. State of California, accordine: to Map thereof No. 11616. filed in the County Recorder of San DiePo County. September 12, APN: 2 16- 140-30. -3 1 Acres: 11.2 Proposed No. of Lots/Units: 40 J ,ots/56 units GENERAL PLAN AND ZONING Land Use Designation: Residential Medium (RM) Dens&v Density Allowed: 4 - 8 du/acre Density Proposed: 5.8 du/acre Existing Zone: P-C Proposed Zone: Not Apvlicable Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Site North South East West Zoning P-C P-C P-C T-C P-C Land RM (Residential) RM (Residential) T-C (I-5) RM (Residential) PUBJ,IC FACILITW School District: CUSD Water District: CMWD Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 56 EDU Public Facilities Fee Agreement, dated: February 27. 1998 ENVIRONMENTAL IMPACT ASSESSMENT IXI Negative Declaration, issued November 24. 1998 cl Certified Environmental Impact Report, dated cl Other, DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or vartnershin. include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if ~~~~~~~ L (ZZiPartGrevstone Homes, Inc. Address Address5973 Avenida Encinas Suite 101 Carlsbad, Ca 92008 2. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a coruoration or nartnershin, include the names, title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) 1N THE SPACE BELOW. If a publiclv- owned cornoration. include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Carp/Pan Greystone Homes, Inc. Title Address5973 Avenida Encinas Suite lb1 Carlsbad, Ca 92008 2075 Las Palmas Dr. l Carlsbad, CA 92009-1576 - (760) 438-11610 FAX (760) 438-0894 @ 3. NON-PROFIT Oh&WIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonurotit oreanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profir organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Address Title Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes w * 0 If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. SignaGe of owner/date Signature of applicant/date _ mdd Palmaer P=si.dee Print or type name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5198 c3 Page 2 of 2 r 44 ts .*.-.*; * - h e f 5, 6 iQ 19 E h 3 g Y j _ eIIIIIrIIrrlIIIIlIIIlIII~~J~~~~~~~~~~~~~~~~~~~~~~~ H i b- g e - - r - - t- m .B71ps+)II, / I z I I I z 8 F? 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CT 98-061CP 98-05KDP 98-271HDP 9840 - POINSE-ITIA SHORES PLANNING AREA C - Request for approval of a Negative Declaration, Tentative Tract Map, Condominium Permit, Coastal Development Permit and Hillside Development Permit to create a total of 40 lots (28 duplex lots, 1 private street, and 11 open space lots) with 56 airspace condominiums located south of Avenida Encinas between Windrose Circle and l-5 in the P-C zone and in Local Facilities Management Zone 9. Assistant Planning Director, Gary Wayne introduced this item, announced that the Commission’s action on this item is not final and will be forwarded to the City Council for its consideration, and stated that Associate Planner, Anne Hysong would present the staff report. Commissioner Anne L’Heureux excused herself from hearing this item, stating a possible conflict of interest since her husband is the attorney for the Hofman Planning Group. Project Planner, Anne Hysong presented the staff report and described the project as follows: This project consists of the subdivision of a 9.64 acre parcel located within the Poinsettia Shores Master Plan boundaries and identified as Planning Area C. The parcel is located south of Avenida Encinas, between Windrose Circle and the l-5 freeway right-of-way. The site is designated by the Master Plan for multi- family development with a maximum density of 70 dwelling units. Parcel C has been previously graded, as part of the Master Plan mass grading, into large terraced building pads that rise in height from the west t0 the east. The existing pads were intended to accommodate large multi-family structures. The proposed subdivision consists of a total of 40 lots, including 28 duplex lots, and 56 air space condominium units. The proposed grading design reduces the number of terraces and includes a series of retaining walls and landscaped slopes along the project’s perimeter. This design enables the creation of building pads which are large enough to accommodate duplex units with front and rear yards and private streets that provide access to each unit. The proposed grade elevations of building pads adjacent to the l-5 freeway are lower than existing grade, except at the southern end of the parcel where the building pads are raised up a maximum of 2.7 feet above the existing building pads. Six foot noise walls are required around rear yard lots located at the northern, eastern, and a portion of the southern boundaries to reduce exterior noise levels to the City’s 60 dBA standard. The project’s wall and fence plan will require enhanced and uniform wall and fence treatments throughout the project. Primary access to the project will be provided from Windrose Circle, via Street A, through a gated entry. A secondary gated access, for residents only, will be provided from Navigator Circle, via Street B. Guest parking will be provided on-site along single loaded private streets or within parking bays. The proposed duplex units are oriented on the lots in three separate configurations. Each 2-story duplex structure consists of a combination of two of the three proposed floor plans which range in size from 1,876 square feet to 2,250 square feet. Three different facade treatments are proposed. Each unit includes a 2-car garage, a private patio, and a balcony. Private front and rear yards will be shared in common by the owners of each duplex lot. Maintenance responsibilities for the project’s common open space lots and each duplex lot will be established by the project’s CC&Rs in accordance with the maintenance responsibility exhibit that is on file in the Planning Department, In accordance with the Hillside Ordinance, the units are oriented on lots so that roof lines are parallel with the adjacent slopes, and the majority of units are set back a minimum of 15 feet from the top of slope. Also, in accordance with the Master Plan, the proposed building heights do not exceed 35 feet from the existing grade and in accordance with the Planned Development Ordinance, building heights do not exceed 30 feet from the proposed grade. The applicant is requesting a recommendation of approval from the Planning Commission for a Negative Declaration, a Tentative Tract Map, a Condominium Permit, a Hillside Development Permit, and a Coastal Development Permit based on the findings that the project is consistent with the Residential Medium General Plan designation, the Poinsettia Shores Master Plan, the West Batiquitos Lagoon Local Coastal Program segment, the Subdivision Ordinance, the Planned Development and Hillside Development Zoning Ordinances, and the MINUTES 89 PLANNING COMMISSION January 20,1999 Page 12 Growth Management Ordinance. A Mitigated Negative Declaration was issued for the Poinsettia Shores Master Plan, which addressed significant impacts associated with development of all of the Planning Areas within the Master Plan boundaries. All of those required mitigation measures have been completed or are incorporated into the project. Based on findings that no significant environmental impacts would result from the project, the Planning Director issued a Negative Declaration on November 24, 1998. Staff recommends that the Planning Commission recommend approval of the project, as conditioned. Letters have been received from Lynn Donnelly, Paulina Miller, and John Lamb, copies of which are on file in the Planning Department. Commissioner Welshons asked Ms. Hysong to address each of the concerns contained in the three letters previously mentioned. Ms. Hysong responded as follows: 1. Letter from Mr. John Lamb stating concern that the sound wall will block his views. Response: The Master Plan does call for providing access to the Lamb property, through Planning Area C. The project will provide access through the gated community, with a separate access gate driveway into the Lamb property. In accordance with the noise analysis prepared for the project, there is a requirement for a noise wall around the perimeter, at least adjacent to the l-5 freeway, to reduce the noise levels to the City standard. There is no alternative for sound walls. The noise analysis did not include the Lamb property. The height and location of noise walls required to reduce noise levels to the 60 dBA standard are proposed around the project’s boundaries. Regarding views, there is no view preservation ordinance in the City of Carlsbad. The Lamb property is approximately the same elevation as the lots adjacent to him at the southern end of the project, and it is possible that units constructed on those lots would obstruct views to the west. The Poinsettia Shores Master Plan provides for vehicular access to the Lamb property, however, there is no requirement to preserve existing views.. 2. Letter from Lynn Donnelly stating concern regarding construction traffic on Navigator Circle, which is a private street. She also asked what kind of condominiums these would be. She expressed concern regarding the Poinsettia Shores Master Plan amenities and the lack of amenities in the project at this time. Ms. Donnelly also mentioned the fact that they still have no trails. Response: Regarding construction traffic, the Engineering Department has stated that restricting construction traffic from Navigator Circle is not a condition they wish to impose on this project, because it will be handled during the grading operation. At that time, the engineering inspectors will see to it that the construction equipment and traffic will be kept off of Navigator Circle and on Windrose Circle. Navigator Circle is a private street while Windrose Circle is a public street. Also, Ms. Hysong has been advised that most of the equipment is kept on-site. Regarding the condominiums, these are duplex lots with air space condominiums on each lot. There will be two owners of each lot, and they will share the common area around the units. Regarding the Master Plan amenities and Recreation facility, the Master Plan was approved with a condition requiring the recreation facility to be constructed within 2 years of occupancy of the first unit, which was in Vista Mar (Planning Area B-2). The deadline date for the recreation facility is August 1, 1999, so it must be completed and open for use by that date. Regarding trails, there is a perimeter public trail around the lagoon area of MINUTES 90 PLANNING COMMISSION January 20,1999 Page 13 Planning Area A-4 which is conditioned to be open before occupancy of any units in that planning area. There is also a trail on the southern end of Planning Area C and a condition has been added to require that trail to be constructed and available for use prior to occupancy of any of the units. 3. Letter from Paulina Miller stating her concern that there is not enough open space in the Poinsettia Shores Master Plan area and requested that Planning Area C be designated as open space. Response: The Master Plan calls for Planning Area C to be a multi-family project. That issue was decided by the City Council when they approved the Master Plan. There is some open space at the southern end of the project that includes a trail system, and the Master Plan’s recreational facility provides the common open space for Planning Area C. Commissioner Welshons asked if there are any improvements planned for the Lamb property other than the gated access. Ms. Hysong replied that there are no other improvements planned. Commissioner Welshons asked Ms. Hysong to indicate, on the exhibit, where the public trail will be put in and open before the first units are occupied in this development, the access point on Navigator Circle which is ingress and egress only for residents, and asked her to describe the monument signage and retaining walls. Ms. Hysong responded as requested and stated that the walls will be constructed with fieldstone veneer and that wall treatment will extend around the project perimeter. She added that this development will be constructed with a series of walls that are separated by landscaped slopes with noise walls at the top of the slopes around the area of the freeway. This wall plan is designed to create uniformity and enhance the project. Commissioner Welshons asked why some of the driveways are not 10 feet in length from the streets. Ms. Hysong replied that the Master Plan has a provision that allows for a certain percentage of lots to have 5 foot setbacks, a certain percentage to have 10 foot setbacks, and a certain percentage to have 20 foot setbacks, to create some articulation and interest. This project is consistent with the requirement. Stan Weiler, Hofman Planning Associates, 5900 Pasteur Court, Carlsbad, representing the applicant, Greystone Homes, stated concurrence with the staff report, all of the conditions of approval, and urged the Commission’s approval. Commissioner Compas read a portion of John Lamb’s letter and asked Mr. Weiler to respond to the gentleman’s statement that Greystone has had several months to inform him of their plans and that recent telephone calls to Greystone have gone unreturned. Mr. Weiler replied that he does not understand why Mr. Lamb would say such a thing because representatives of Greystone have spoken to Mr. Lamb on two occasions and that he has also had a conversation with Mr. Lamb regarding this project, all prior to the date on the letter. Mr. Weiler stated that they want to work with him regarding his concerns and will be happy to accommodate him, within reason. Commissioner Nielsen asked Mr. Weiler to explain the ownership of the condominiums, Mr. Weiler stated that each owner would own their individual units and the land directly beneath the units and at the same time they will own the entire lot, in common. Commissioner Nielsen asked why these are called air space condominiums if they actually own the land directly under each unit. Ms. Hysong replied that they are called air space condominiums because when she asked the applicant M’NUTES 91 C PLANNING COMMISSION January 20,1999 Page 14 what they were proposing, they replied that they are air space condominiums. Nancy Scull, Lute, Forward, Hamilton and Scripps, 600 West Broadway, San Diego, stated that there are many different terminologies used to describe condominiums. Recently, there have been many different configurations for condominiums. A condominium is composed of two elements; 1) there must be a separate interest; and 2) there must be an undivided interest in something. Under the Civil Code the developer is free to put into that separate interest, not only air but also the structure and own to his front, side, and back yards. Then an undivided interest in some other component of that lot can be created. In this case, the applicant has proposed that the undivided interest would be all the land situated 20, or 30, or 40 feet below the ground level. The advantages to the structure would be that the individual owners would be responsible for the maintenance of their home, including the roof, the walls, and the exterior. An “association” would be formed to make sure that everyone is maintaining their homes in the manner required. This, in turn, gives the individual the freedom of not always having to seek approval from the individual next door if something needs to be fixed on the outside of the home. She added that the applicant will disclose, to each purchaser, that they are buying condominiums and that what they are buying is a condominium where their separate interest is the home, but they will be required to insure it. Commissioner Nielsen asked if there will be two sets of homeowners rules. Ms. Scull replied that there will be CC&Rs that will cover all of the aspects of the project; maintenance, etc., and would also deal with the rights of the association if an owner should refuse to comply with the CC&Rs. Commissioner Nielsen asked if one owner were to fail to adhere to the CC&Rs, does that mean that the association could then move against both owners. Ms. Scull replied that if that should happen and if a lien were to be placed, the lien would be placed on the individual condominium (owner’s separate interest) and their 0.5 undivided interest. Commissioner Nielsen asked Ms. Scull to explain the difference between this project and a townhouse project. Ms. Scull explained that in 99% of the cases, a townhome is a condominium or a single-family subdivided lot. This project, however, does not have single-family subdivided lots. Commissioner Savary asked who will be responsible for the maintenance of the back yards and what will ensure that the yards are done correctly. Ms. Scull replied that the maintenance of the back yards will be up to the individual owners and the association will have the latitude to enforce. Chairperson Heineman opened Public Testimony and offered the invitation to speak. Karen Donnelly Healy, co-owner of 618 Compass Court, Carlsbad, asked for confirmation that there will be no construction traffic on Navigator Circle. She asked why Planning Area C is being approved when private amenities have not been available to the existing homeowners, for over a year, while they have continued to pay homeowner’s fees for them. She stated that in the final report from the DRE it states that the recreation center, pool, tennis courts, and basketball courts were supposed to be finished within the first phase. She also stated that she has a letter from Watt Homes stating that those amenities were supposed to be finished in April, 1998. Ms. Healy referred to the Poinsettia Shores Master Plan (page 76, paragraph “A”) that states that the trails will be finished before granting occupancy to homes. Regarding areas A-2 and A-3, also owned by Greystone, which is supposed to be ready for occupancy in February, Ms. Healy stated that the trail hasn’t even been started. Jim Gault, 7552 Navigator Circle, Carlsbad, stated that the homeowners would prefer that the proposed dual entrance and exit off Navigator Circle be an emergency exit only. He further stated that the street is a narrow street that does not meet City standards, as far as the width is concerned, and he is concerned that the street will be easily blocked if one or two people happen not to have their gate controller with them. Mr. Gault also expressed concern for recreation center traffic using Navigator Circle instead of MINUTES 9 3 PLANNING COMMISSION January 20,1999 Page 15 Windrose Circle. Another concern, he continued, is that the recreation area does not have a “tot-lot” and there should be one. Mr. Gault stated his growing dislike for walls and suggested they should integrate vertical bars with the walls so there will be views through them. Frank Hutchins, 606 Compass Court, Carlsbad, asked if the City would consider making the dual entrance and exit gate an exit gate only for everyone and not necessarily just for emergency use. John Barclay, 7421 Linden Terrace, Carlsbad, stated that his homeowners association has met with representatives of all of the previous owners of the property now owned by Greystone and have received reasonable information on everything that has transpired in the last four years. He went on to say that his association has asked for mitigation against what they consider to be an impact on their property values and cited the visual impacts to be of great concern. He pointed out that the current plan will leave them with roof lines that are substantially above the existing ridge line. He stated that all of the homeowners in Sea Cliff paid premium prices for their properties with a view, and they are very concerned that their views will be obstructed and their property values will decrease. Commissioner Welshons asked what kind of mitigation measures Mr. Barclay would propose. Mr. Barclay replied that the height of the project is of the greatest concern. Commissioner Welshons asked Mr. Barclay how high the Sea Cliff homes are above Highway l-5. Mr. Barclay replied that the pad height at his home, which is in the top portion of Sea Cliff, is 145 feet. Commissioner Welshons pointed out that the project height is 30 feet which leaves his property approximately 120 feet above the proposed homes. Mr. Barclay responded by stating that the project pads are 120 feet high at the north end of the project, which is equal to his pad level, Commissioner Welshons asked how high Mr. Barclay’s house is. Mr. Barclay replied that it is a two-story structure and is between 25 and 30 feet in height. Mildred Lerner, 7425 Linden Terrace, Carlsbad, asked the following questions: 1) why are the pads in the south portion of this project going to be raised and the pads in the north part lowered; 2) who will be monitoring the architectural aspect of the project; and 3) what is meant by the “existing” pads and what is their actual height. Sharon Barclay, 7421 Linden Terrace, Carlsbad, stated that her concern is the density of houses disrupting the quality of life in general. She also questioned the validity of the Controlled Growth Initiative. Ms. Barclay expressed further concern for the increase in traffic and the overall impacts to recreation, shopping, the general quality of life, etc. Commissioner Welshons asked Ms. Barclay when the Sea Cliff Homes were built, Ms. Barclay replied that they were built in the mid 1980’s, possibly 1985. Commissioner Welshons asked Ms. Barclay when she moved there. Barclay replied that she had lived in Carlsbad for quite some time before moving to that house in 1991. Eleanor Eisley, 7429 Linden Terrace, Carlsbad, stated that she has lived in Sea Cliff since 1988. She made reference to an air quality study made in 1994 which is the one currently being used, and stated that she believes that study to be invalid because of its age. Ms. Eisley stated that the creation of a wall of condominiums can create an air emissions tunnel carrying carbon monoxide, reactive gases, oxides of nitrogen, air particles and such, which intensifies the air pollution in the area. The proposed wall surrounding this project will prevent natural circulation of air and fumes and in other words, creates a smog channel. The tunneling effect will also increase the noise level on l-5 with the traffic noise MINUTES 3 9 PLANNING COMMISSION January 20,1999 Page 16 rebounding off the protective walls of the proposed development. Ms. Eisley again stated concern for the potential for drastic increases in emissions and noises on the homes directly across the freeway on the east side of the proposed project. Commissioner Welshons asked if Ms. Eisley’s concerns, in general, are for Carlsbad, for her development, or for the people who will eventually live in the proposed development. Ms. Eisley replied that her concern is for the entire community. Ray Ebert, 7419 Linden Terrace, Carlsbad, echoed the concerns of the previous speakers from Sea Cliff. Charles Vaslow, 7321 Linden Terrace, Carlsbad, stated that Commission discussion on an earlier agenda item seemed to indicate that, although there is no view ordinance in the City of Carlsbad, the Commissioner’s were very concerned about preserving the views. He also stated that the environmental review seemed to be only concerned about the future residents of the proposed project and not at all concerned about other neighborhoods located nearby. He asked if the environmental review considers anything other than the immediate developer involved or does it actually take other communities into account. Mr. Vaslow suggested that if the Commission recognizes that there are flaws in some of the thinking, they will do their best to correct it. Stan Weiler, Hofman Planning Associates, responded to some of the questions from the previous speakers and stated that the applicant has met with the folks from Sea Cliff and has tried to address their concerns. He stated that many of the concerns were regarding building heights and grades. He further stated that they have taken their concerns into consideration and have reduced the grades from 1 to 5 feet across the site, in different locations. Mr. Weiler continued by stating that they have only raised the pads, at the southern end, a maximum of 2.7 feet which is negligible when the distance to Sea Cliff is considered. Regarding the recreation facilities within the Master Plan, Mr. Weiler stated that those facilities were built per the Master Plan, and Greystone has no control over when those facilities are going to be up and operational. Watt Homes is the developer and those facilities must be open and operational within two years after the occupancy of the first unit, that date being in August, 1999. He further stated that he does not know the reason(s) for the delay in opening those facilities. Seeing no one else wishing to testify, Chairperson Heineman closed Public Testimony. Ms. Hysong also responded to questions from previous speakers as follows: Regarding Ms. Donnelly question about a guarantee that there will be no construction traffic on Navigator Circle, Ms. Hysong stated that there is no Engineering representative present at this meeting but in briefings, the Principal Land Use Engineer stated he would see to it that the grading inspectors are advised that there should be no grading equipment on Navigator Circle. Since Navigator Circle is a private street, it is reasonable to believe that that would happen. Regarding the completion date of the recreation facility, that was a condition of a previous approval and there really isn’t anything that Planning Area C can do about that at this time, unless the Master Plan were to be amended. The developer for the Master Plan has the recreation facility close to completion and Ms. Hysong does not know why it isn’t currently open. At some future date, if they were to revise the facility in any way, that would probably be an issue for the Master Homeowners Association. If the HOA is unhappy with the existing facilities, perhaps they could talk to the City about amending that approval and adding different amenities. Regarding the dual entrance and exit, there were several different proposals including that the exit be for emergency exit only. The Engineering Department refused that proposal stating that they want it to be both an entrance and exit. It is a secondary access, and it is gated and available to residents only. The Engineering Department required that it be both entrance and exit. Regarding the Navigator Circle access, there are provisions in the Master Plan for it to be the secondary access and it also says that the alignment could, or should, be off-set and that is how it was designed. MINUTES $?1/ PLANNING COMMISSION - January 20,1999 - Regarding the trail, the vista point, and the trail maintenance (briefly referred to by Mr. Gault), the trail segment within Planning Area C will be maintained by the Area C Homeowners Association. There is a condition requiring the developer to make an irrevocable offer of dedication to use it as a public trail. If the City never accepts that offer of dedication, then the trail will be maintained by the Planning Area C Homeowners Association, in perpetuity. Regarding the building height, as stated in the staff report, the project is proposed in accordance with the Master Plan. The existing grade is the grade that was approved and graded as part of the Master Plan mass grading. The proposed structures are within 35 feet of that grade. The Master Plan allows a 35 foot building height. The grade proposed at the southern end of the project, adjacent to the freeway, is 2.7 feet higher and the proposed structures are 30 feet in height. Given that, the structures are still within the 35 foot limitation allowed by the Master Plan. Regarding the reason for raising the grades at the southern end of the project, the grading was created along this segment (along the freeway) for a private street which has to gravity flow for sewer and drainage. Also, the grades of the streets, by City standards, are required to be within a certain percentage. For the most part, the building pads along the freeway are lower which effectively reduces the height of the structures. Regarding architectural monitoring, should this Commission recommend approval of this project and the City Council approve it, the architecture is already in place as shown on the exhibits. If any changes were to be proposed by any of the residents after the units are occupied, the HOA would have an architectural review committee that would review any changes. Regarding density, this development as well as others throughout the City, is within the density allowed by the Master Plan. The Master Plan actually allows 70 units to occur on this site and there are only 56 proposed for this project, making the density less than what it could have been. The Growth Management Ordinance in Carlsbad is facilities driven and that basically means that development can’t exceed the facilities that are provided, based on a standard that was set by the City for each one of those facilities. This project does not exceed demand for any facility in the Master Plan area. All of the public facilities required by development of the Master Plan have been provided. Regarding air quality, as part of the City’s General Plan Update a few years ago, the Council adopted a statement of overriding considerations for air quality impacts so that as long as the project is consistent with the City’s General Plan and doesn’t exceed the density allowed by it, then it can go fonnrard. Regarding noise rebounding from the walls around this project, the noise analysis did not address that. That would be quite a long distance for any significant amount of noise to travel and be above the existing noise from the freeway. Regarding the environmental review, staff looked at the impacts that would result from this project and then assessed whether there are any significant impacts. Staff believes that between the Master Plan Mitigated Negative Declaration and the analysis of this project, that there are no significant impacts that haven’t already been mitigated. Commissioner Nielsen suggested that voting on this item be postponed until an Engineering Department representative can be present to give input necessary to make a reasonable decision. Commissioner Compas asked Ms. Hysong to estimate the percentage of the people that will live in this development, who will actually use Navigator Circle. Ms. Hysong replied that her instinct tells her that the residents from the southern end might use Navigator Circle to exit the project. However, the residents from the northern end would almost certainly use Windrose Circle rather than go all the way down to Navigator Circle which would be considerably out of their way. Commissioner Compas asked if Ms. Hysong feels that the fact that Navigator Circle is a small street would MINUTES95 PLANNING COMMISSION January 20,1999 Page 18 inhibit people from going that way. Ms. Hysong replied that that is possible. She added that, with respect to the requirement for an entry and exit at the secondary access point, the Engineering Department has cul-de-sac standards and they have to have a secondary access after a certain number of feet and a certain number of units. She further stated that she believes that to be the case here and that they are saying that to satisfy City standards, the secondary access has to provide for both entry and exiting. Commissioner Welshons agreed that it may be advantageous to continue this item until more information can be acquired from the Engineering Department. She stated that she has questions about the height perspective from the Sea Cliff Homes across this property. Commissioner Welshons also stated that she has a question regarding the shared use of a private street for traffic and circulation. MOTION TO CONTINUE ACTION: Motion by Commissioner Welshons, and duly seconded, to continue this item to February 17, 1999, for the purpose of having an engineer here to provide additional information that will assist the Commission in making a decision. Mr. Rudolf suggested that the applicant be asked if he concurs with a continuance. Commissioner Welshons asked Mr. Sherritt if the applicant would accept a continuance until February 17, 1999. John Sherritt, Sherritt Development Services, 1842 Guevera Way, Suite 200, San Diego, representing Greystone Homes, stated that they could accept a continuance but they would like the opportunity to answer the engineering questions at this time. Regarding the question of ownership of Navigator Circle, Mr. Sherritt stated that the Master Homeowners Association has an easement over that portion of Navigator Circle for entrance into that access point. In fact, he continued, they pay a proportionate share of the maintenance of that street. Commissioner Welshons stated that although the applicant’s engineer is present, she would prefer to have the questions answered by City Engineers. Commissioner Noble stated that he was very thoroughly briefed and would feel comfortable voting on this project at this time. Commissioner Compas stated he would like to hear from the applicant’s engineer before voting, one way or the other. Commissioner Welshons stated that she appreciates what Commissioner Noble has said, but, she wasn’t present at that briefing and would not feel comfortable in voting without further information from City staff. Commissioner Nielsen agreed with Commissioner Compas, in that he would like to hear from the applicant’s engineer. Chairperson Heineman re-opened Public Testimony. Commissioner Welshons agreed to hold her motion, in abeyance, until after hearing testimony from the applicant’s engineer. Tim Carroll, representing O’Day Consultants, 5900 Pasteur Court, Carlsbad, Civil Engineers for Greystone Homes, stated that they did propose an EXIT ONLY for the secondary access. However, he continued, the City Engineering Department rejected that proposal based on the City’s cul-de-sac policy which states that they need full access at two different points in the project. Commissioner Welshons asked Mr. Carroll if he can answer what the height differential is between this project and the Sea Cliff homes across the freeway. MINUTES 446 PLANNING COMMISSION January 20,1999 Page 19 Mr. Carroll replied that he does not have that exact information. VOTE ON MOTION TO CONTINUE VOTE: AYES: NOES: ABSTAIN: 4-2 Welshons, Nielsen Heineman, Compas, Savary, Noble None Commissioner Welshons asked Ms. Hysong if she can answer what the height differential is between this project and the Sea Cliff homes across the freeway. Ms. Hysong stated that she cannot answer that question. Mr. Wayne interjected and stated that they know the pad elevation Of Mr. Barclay’s home and the pad elevations in this project and asked Ms. Hysong to comment. Ms. Hysong stated that if Mr. Barclay’s pad elevation is 146 feet, then the peak of the roof on the most southerly lots in the project will be 153 feet. Presuming that Mr. Barclay’s pad elevation is 145 feet and he has a 30 foot high structure on it, the peak of his roof would be 175 feet leaving a distance of 22 feet between structure heights. Ms. Hysong stated that it is reasonable to assume that the Barclays will be looking over the roofs of the proposed structures as they look out to the lagoon. MAIN MOTION ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolution No. 4460, recommending approval of a Negative Declaration and adopt Planning Commission Resolutions No. 4461, 4462, 4463, and 4464, recommending approval of CT 98-06, CP 98-05, CDP 98-27, and HDP 98-110, based upon the findings and subject to the conditions contained therein, to include the errata sheet and the deletion of all references, throughout the staff report and resolutions, to “airspace” in describing the proposed condominiums. Commissioner Nielsen stated concerns regarding the narrow private street in that another development already accesses on that street and that additional two-way traffic may cause an unnecessary burden on the street. Commissioner Welshons stated that she would not support an amendment to change the accesses as these plans were approved by the Fire and Police Departments for safety, and comply with the cul-de-sac policy. Commissioner Noble stated that this is only a recommendation to the City Council and if any interested parties wish, they may attend the City Council meeting when this item appears on the City Council Agenda. VOTE: AYES: NOES: ABSTAIN: 6-O Heineman, Compas, Welshons, Nielsen, Savary, and Noble None None EXHIBIT "X" PO,iVS&l SHORES PLANNING AREA 'F"xHlelT 6 TYflCAL OWND?‘SHl? & MAINTFNANCE RE-SPOAKl’lLlTY ARIA L’XiHlB!lT LOT LINE K t LEGEND: CURB & GUJ7ER UNIT OHVER A44lNJi!MM’E CONDoMNlU!U UNIT LINE . l . . . ..e..*. . Rf.WN9WN ARLir m FEME - (PRNATE OWNERSMP) LOT L/NE --em HOMEOMVER Assoc14m MNTEME RE.S%!NSfBZIN ARLil (ASSOCtil7Oh’ PJ?OPERF) SHEET 1 OF 2 NOTE: ThVlS DRAMNG IS INKNDED 0VL Y TO BE AN APPROXIMAA MSUAL -4?f&z ILLUSlRAl7L4V of IHE TYPIC,! O#?VER.SMP AND AfAINIE;NANCE SscaPQnhrM s&i 100 CaIbbM, cnEramia szca “y&-q-q RES?X&‘SHIIITY AREAS fm EACH LO1 proariq 769-931 -rmo REMiD Z/&‘/99 Fox: 760-93, -mm F:\JOBS\961019\9619NZO3 2-16-99 10:34:40 a 4 - EXHIBIT "Y" POlNSU7?A SHORES PLANNING AREA %’ TYPICAL OWNLEUSHIP & MAINTLNANCC REP OAKIBILI~Y AREA EXHIBV 0v.f LOT (~/NT OWERSHIP) I I UNIT 2’ OWERSHIP AND MAlNIE;NANCE RESPM5%i’LlTY AREA 0 LEMZ I COWEPIUAL BU/ DING CWWW OH!ER.ShlF LIMIT EXKNDS TO THE CENIKR W RE EARTH SHEET 2 OF NOTE: IhlS DRAMNG IS INIENDED ONL Y TO BE AN APPROXIMA IE MSUAL ILLUSIRA I7CW OF mf TFICAL OMMERSh’lP AND MAlNTi5NANCE RE;sIpONSl6lLlTY AREAS FO? EACH 101: REMSifD 2/12/99 F:\JOBS\961019\9619NZO3 2-12-99 ..s . . -- - - _ _ _ _ _ - - - -- - - --- _. - I 700 cc/ AGENMma II ,;7i343--9qq v a Mayw w- IF City Counsel, cww ,: 4/5/99 1 PLEASE DO NOT APPROVE POINSETTIA SHORE AREA C PAREL # 2116-140-30 to be developed. THE DEVLOPERS OF THIS MASTER PL4N (joke) have gotten away with CRIMINAL ACTS OF FRAUD AND MISREP, THROUGH OUT THIS ,,,fl DEVELOPMENT. WHY ARE NONE OF THE COUNSIL HEARING OUR FLEAS? COME TO THE MASTER ASSOC. MEETINGS AND SEE THE ANGRY PEOPLE. NOT ONLY ARE THEY SELLING COMMON AREA IN THE AIR AND BELOW THE GROUND, PEOPLE HAVE BEEN MISLEAD. WHEN WILL XT STOP? NOW THEY OPENED A POOL THAT DOES NOT HAVE HEAT OR THE HOT TUB, BUT ONLY ONE WORKING TOILET. THEY HAVE NO AREAS FOR CHILDREN,YET SELL FOURiFIVE BEDROOM HOMES. AREA C IS USED FOR NESTING FOR MANY DIFFERENT AND RARE BIRDS. IT WILL ALSO BE THE ONLY OPEN SPACE LEFT!!! PLEASE-P+EASE RECONSIDER THEY PUT (FINDING A TRICKY LET-AS _, . . - WAY IN SELl,ImUS AIR) _ -’ ,. . . SINC’jj&y “’ ‘- ., . mayor leuis city council members coastal comm. dept of real estate ).. ‘~ . . ..- ,/. ( ,_, _.. .. ..--- ‘.. $!rggf=& t i_- ,, . *-...,.,, I.. .‘... . . * . . _... .- . -. ..m.- April 12, 1999 city- ; city - cm -may To: Mayor Bud Lewis and members of the City Count %!!!a?/& From: South Linden Terrace (Sea Cliff) homeowners Re: Poinsettia Shores Planning Area C Our greatest concern is the density of houses disrupting the “Quality of life” in Carlsbad. Carlsbad used to be a very nice village to live and visit. The older neighborhoods have significant yards all around each house and green belts between rows of houses, and plenty of open wilderness areas. The recent projects in Carlsbad are Row houses stacked as close as possible to build the most and biggest houses as possible (or even not quite possible) on all available land. Carlsbad has quite a bit of wilderness being developed in the last few years, a real boom. We don’t deny the landowners the right to build, but the density is too high. There is not enough back yard for children to play at home; they all have to go to the nearest park, where child safety is questionable. Bad teens have a tendency to attempt to hang and gang there, I’ve seen a show recently saying our native hawks are becoming endangered. There used to be a lot more wildlife around Carlsbad. The developers are willing to leave one inhabited tree but no ecosystem to go with it, like green belts for the rabbits and squirrels and stuff. Along with all wildlife, the ecosystem is being eliminated without the proper green belts. What good is it to have windows, when all we see out them is into our neighbor’s window or these 6R concrete walls that Carlsbad is putting up all over. The walls are ugly and don’t work as well as trees. Unless they are prison walls, but they are supposed to be for a sound barrier. Concrete is not absorbent. Sound, light, and Pollution will bounce off the concrete like a racquetball, often into the older development across the way. Trees are absorbent. They would muffle sound, filter light, and cleanse pollution. Trees give a cleaner, prettier environment, suitable for all Gods creatures. We voted for and passed Controlled growth initiatives back in the 80’s. If this were considered controlled growth, We’d hate to see what it would be like otherwise. This turns out to be for facilities, yet we don’t see the facilities going in, only some promises. We’ve heard complaints of roads being to narrow and congested to support the density of the developments. We have traffic issues, there is a traflic crawl on the freeway both north and south now, and it will become worse. Lines at the grocery store will get horrendous. Beach access does not exist for the thousands of new people. You’ll have to arrive at the movies an hour early if you don’t want to set in the front row. ect... Quality of life is so important to the American people that, the government is to unveil the first installment of a series of actions aimed at the reduction of urban sprawl and improving “quality of life” in America by reducing congestion! Carlsbad does not have a view preservation consideration. We think it should. View preservation is equal to environment preservation, and wildlife preservation and the preservation of the quality of life we all desire. Why should new developments be allowed to alter the landscape, which could alter an existing view, lowering the value of existing homes, to give a view to the new development? Sea Cliff Residents NOTICE OF PUBLIC HEARING - CT 98-06KP 98-05/CDP 98-27/HDP 98-40 - POINSETTIA SHORES PLANNING AREA C DESCRIPTION: COMPLETE DATE: August 24,1999 Request for approval of Negative Declaration, Tentative Tract Map, Condominium Permit, Coastal Development Permit and Hillside Development Permit to create a total of 40 lots (28 duplex lots, 1 private street, and 11 open space lots) with 56 airspace condominiums. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located south of Avenida En&as between Windrose Circle and I-5 in the P-C zone and Local Facilities Management Zone 9. ASSESOR’S PARCEL NUMBER: 216-140-30 APPLICANT: Area C Homebuilding Partners 4141 Jutland Drive, Ste. 200 San Diego, CA 92 117 A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on April 13, 1999 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 April 9, 1999. 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 530 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Pahnas Drive, Carlsbad, California 92009, (760) 438- 1161, extension 4477. APPEALS The time within which you may judicially challenge this Negative Declaration, Tentative Tract Map, Condominium Permit, Coastal Development Permit and/or Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Negative Declaration, Tentative Tract Map, Condominium Permit, Coastal Development Permit and/or Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing. 1. ADDeals 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: 0 This site is located within the Coastal Zone Appealable Area. h3 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. PUBLISH: APRIL 2,1999 @ POINSETTIA SHORES Pi. C CT 98-061CP 98-05/ CDP 989271HDP 98-40 (form A) TO: C1T.Y CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice CT 98-06/CP 98-05/CDP 98-27/HDP 98-40 - Poinsettia Shores Planning Area C for a public hearing before the Clty Council. Please notice the item for the council meeting of First Available Hearing . Thank you. March 4, 1999 Date NOTICE OF PUBLIC HEARING SDP 9thOl/CDP 98-04 DESCRIPTION: COMPLETE DATE: April 21,1998 Request for a Site Development Plan and a Coastal Development Permit, to develop a continuing care retirement community for elderly residents on a 55 acre site. LOCATION: This project is within the City of Carlsbad’s Coastal Zone within Planning Area 3 of the Green Valley Master plan on the west side of El Camino Real between La Costa Avenue and Calle Barcelona, within Local Facilities Management Zone 23. ASSESOR’S PARCEL NUMBER: 216-122-24 APPLICANT: Continuing Life Communities, LLC 800 Morningside Drive Fullerton, CA 92835 A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on April 6, 1999 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 April 2, 1999. If you have any questions, or would like to be notified of the decision, please contact Adrienne Landers 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- 1161, extension 445 1. APPEALS If you challenge the Site Development Permit and/or Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to the public hearing 1. 2. ADDealS 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. Coastal Commission Appealable Project: Cl This site is located within the Coastal Zone Appealable Area. 0 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 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92 108- 1725. CASE NAME: LA COSTA GLEN PUBLISH: MARCH 26,1999 - - e City of Carlsbad NOTICE OF PUBLIC HEARING COMPLETE DATE: August 24,1998 DESCRIPTION: CT 9%06KP 98-05lCDP 98-27/HDP 98-40 - POINSETTIA SHORES PLANNING AREA- Request for approval of a &gative Declaration, Tentative Tract Map, Condominium Permit, Coastal Development Permit and Hillside Development Permit to create a total of 40 lots (28 duplex lots, 1 private street, and 11 open space lots) with 56 airspace condominiums. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located south of Avenida Encinas between Windrose Circle and I-5 in the P-C zone and Local Facilities Management Zone 9. ASSESSOR’S PARCEL NUMBER: 216-140-30 APPLICANT: Area C Homebuilding Partners 414 1 Jutland Drive, Ste. 200 San Diego, CA 92 117 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 January 20, 1999 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 January 14, 1999. 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- 1161, extension 4477. . . . . . . . . . 2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 438-l 161 l FAX (760) 438-0894 APPEALS The time within which you may judicially challenge this Negative Declaration, Tentative Tract Map, Condominium Permit, Coastal Development Permit and Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Negative Declaration, Tentative Tract Map, Condominium Permit, Coastal Development Permit and Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. 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: 0 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 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: CT 98-06KP 98-05KDP 98-27/HDP 98-40 CASE NAME: POINSETTIA SHORES AREA C PUBLISH: JANUARY 7,1999 POINSETTIA SHORES P.A. C CT 98-061CP 98-05/ CDP 98927lHDP 98-40 . . . , ‘ OCCUPANT OCCUPANT OCCUPANT 7519 NAVIGATOR CIR 7517 NAVIGATOR CIR 662 COMPASS CT 'CARLSBAD CA 92009-5405 CARLSBAD CA 92009-5405 CARLSBAD CA 92009-5406 OCCUPANT OCCUPANT OCCUPANT 658 COMPASS CT 654 COMPASS CT 650 COMPASS CT CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 OCCUPANT OCCUPANT OCCUPANT 646 COMPASS CT 642 COMPASS CT 638 COMPASS CT CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 OCCUPANT OCCUPANT OCCUPANT 634 COMPASS CT 630 COMPASS CT 626 COMPASS CT CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 OCCUPANT OCCUPANT OCCUPANT 622 COMPASS CT 618 COMPASS CT 614 COMPASS CT CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 OCCUPANT OCCUPANT OCCUPANT 610 COMPASS CT 606 COMPASS CT 602 COMPASS CT CARLSBAD CA 92009-5406 CARLSBAD CA 92009-5406 CARLSBAD CA 92009 *** 78 Printed *** - . OCCUPANT 7417 LINDEN TER 'CARLSBAD CA 92009-4725 OCCUPANT 7411 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7405 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7331 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7325 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7319 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7313 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7522 NAVIGATOR CIR CARLSBAD CA 92009-5404 OCCUPANT 7528 NAVIGATOR CIR CARLSBAD CA 92009-5404 OCCUPANT 7525 NAVIGATOR CIR CARLSBAD CA 92009-5405 OCCUPANT 7415 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7409 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7335 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7329 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7323 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7317 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7413 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7407 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7333 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7327 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7321 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7315 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT OCCUPANT 7311 LINDEN TER 7429 LINDEN TER CARLSBAD CA 92009-4723 CARLSBAD CA 92009-4726 OCCUPANT OCCUPANT 7524 NAVIGATOR CIR 7526 NAVIGATOR CIR CARLSBAD CA 92009-5404 CARLSBAD CA 92009-5404 OCCUPANT OCCUPANT 7529 NAVIGATOR CIR 7527 NAVIGATOR CIR CARLSBAD CA 92009-5405 CARLSBAD CA 92009-540s OCCUPANT OCCUPANT 7523 NAVIGATOR CIR 7521 NAVIGATOR CIR CARLSBAD CA 92009-5405 CARLSBAD CA 92009-5405 OCCUPANT 7201 AVENIDA ENCINAS -CARLSBAD CA 92009-4642 OCCUPANT 7305 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7237 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7231 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7225 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7219 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7213 LINDEN TER CARLSBAD CA 92009-4720 OCCUPANT 7207 LINDEN TER CARLSBAD CA 92009-4720 OCCUPANT 7201 LINDEN TER CARLSBAD CA 92009-4720 OCCUPANT 7423 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7309 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7303 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7235 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7229 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7223 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7217 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7211 LINDEN TER CARLSBAD CA 92009-4720 OCCUPANT 7205 LINDEN TER CARLSBAD CA 92009-4720 OCCUPANT 7427 LINDEN TER CARLSBAD CA 92009-4726 OCCUPANT 7421 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7307 LINDEN TER CARLSBAD CA 92009-4723 OCCUPANT 7239 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7233 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7227 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7221 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7215 LINDEN TER CARLSBAD CA 92009-4721 OCCUPANT 7209 LINDEN TER CARLSBAD CA 92009-4720 OCCUPANT 7203 LINDEN TER CARLSBAD CA 92009-4720 OCCUPANT 7425 LINDEN TER CARLSBAD CA 92009-4725 OCCUPANT 7419 LINDEN,TER CARLSBAD CA 92009-4725 KAIZA POINSETTIA CORP 23172 PLAZA POINTE DR 1 -LAGUNA HILLS 92653-1477 SHORES M POINSETTIA 750 B ST 2100 92653-1477 SAN DIEGO CA 92101-8177 KEVIN & DEBRA MCCLUSKEY THEODORE P TURCZYN POINSETTIA HOMEBUILDING 7436 CAPSTAN DR 7432 CANPSTAN DR 4141 JUTLAND DR 100 CARLSBAD CA 92009 CARLSBAD CA 92009 SAN DIEGO CA 92117-3658 EBUILDING POINSETTIA HOMEBUILDING CA 92117-3658 HOMEBUILDING POINSETT$g'HOMEBUILDING POINSETTIA,&EBUILDING 4141 JUTLAND DR 100 DR 100 IEGO CA 92117-3658 SAN &EGO CA 92117-3658 0 ..C!A 92117-3658 _' OMEBUILDING DR 100 _ 92117-3658 ., POINSETT&HOMEBUILDING POINSETTIA,&MEBUILDING 4141 JUTLAND DR 100 4141 DR 100 SAN/DIEGO CA JU@ND 92117-3658 SAN D$.XfGO CA 92117-3658 d f POINSEfiIA HOMEBUILDING POINSETTIA HO&BUILDING 4141~ &JTLAND DR loo _r> POINSETTIA HOMEBUILDING DR 100 4141 JUTI+D DR 100 SANDIEGO CA 92117-3658 CA 92117-3658 SAN DIEGO CA 92117-3658 ,' POINSETTIP HOMEBUILDING POINSETTIArEfOMEBUILDING 4141 JUTLAND DR 100 SAN D 7 tiG0 CA 4141 JUT&AND DR 100 92117-3658 SAN DIBGO CA 92117-3658 i- POINSETTti<OMEBUILDING .d- , 4141 J&AND DR 100 HOMEBUILDING D DR 100 SAN DIEGO CA 92117-3658 GO CA 92117-3658 A HOMEBUILDING POINSETTIA HOMEBUILDING LAND DR 100 4141 JUTLAND DR 100 92117-3658 SAN D$&GO CA 92117-3658 POINSETTIA HOMEBUILDING POINSETTIA HOMEBUILDING POINSETTIA HOMEBUILDING 4141 JUTLAND DR 100 4141 JUTLAND DR 100 4141 JUTLAND'~-DR 100 SAN DIEG --CA 92117-3658 P SAN DIBGG CA 92117-3658 + SAN DIEGP'CA 92117-3658 ._1 POINSETTIA&OMEBUILDING POINSETTIA HOMEBUILDING POINSETTIA&MEBUILDING DR 100 4141 JUTLAND DR 100 4141 JUTZ&ND DR 100 0 CA 92117-3658 SAN DIEGO CA 92117-3658 SAN D F GO CA 92117-3658 POINSETTIA HOMEBUILDING POINSETTI,A~'HOMEBUILDING POINSETTIA-&MEBUILDING 4141 JUTLAND DR 100 4141 JUT&AND DR 100 SAN/<DIEGO CA 92117-3658 SAN D@GO CA 92117-3658 *** 249 Printed *** JOHN W & DRUCILLA RAND 7314 STARBOARD ST CARLSBAD CA 92009 MICHAEL G MERCHANT 7315 STARBOARD ST CARLSBAD CA 92009 THOMAS E SCHULZ 7327 STARBOARD ST CARLSBAD CA 92009 I’ LUIS R GUERRERO 4141 JUTLAND DR 100 SAN DIEGO CA 92117-3658 __ SCOTTY W HEINSOHN 7444 CAPSTAN DR CARLSBAD CA 92009 92117-3658 / POINSETTIA ~~MEBUILDING 4141 JUTLAND DR 100 SAN DIEGO CA 92117-3658 CHRISTINE F HARSHBARGER 7310 STARBOARD ST CARLSBAD CA 92009 WESLEY S & LUM LOW 7319 STARBOARD ST CARLSBAD CA 92009 MICHAEL W & CHRIS FLYNN 7331 STARBOARD ST CARLSBAD CA 92009 SAN PACIFIC0 COMMUNITY 4141 JUTLAND DR 100 SAN DIEGO CA 92117-3658 SECRETARY OF HOUSING & 4141 JUTLAND DR 100 SAN DIEGO CA 92117-3658 SECRETARY OF VETERANS A 4141 JUTLAND DR 100 SAN DIEGO CA 92117-3658 WILMER 74440 CAPSTAN DR CARLSBAD CA 92009 OVERTON R & LINDA HALL 7443 CAPSTAN DR CARLSBAD CA 92009 JOSEPH J WILSON 7306 STARBOARD ST CARLSBAD CA 92009 REVIER 7329 STRABOARD ST CARLSBAD CA 92009 WILLIAM L & SUE SCHECK PO BOX 9515 RANCH0 SANTA 92067 SAN PACIFIC0 AREA A ASS 4141 JUTLAND DR 100 SAN DIEGOCA 92117-3658 SECRETARY BONNIE L CLEVERLEY 7448 CAPSTAN DR CARLSBAD CA 92009 WILLIAM L & SUE SCHECK PO BOX 9515 RANCH0 SANTA 92067 BRITA MARTINY-HAMER 7443 CAPSTAN DR ESCONDIDO CA 92029 POINSETTIA H&BUILDING 4141 JUTL@D DR 100 SAN DIEG6 CA 92117-3658 - BROOKFIELD BROCCATO INC KAIZA POINSETTIA CORP WL HOMES L L C 12865 POINTE DEL MAR WA 7220 AVENIDA ENCINAS 20 19600 FAIRCHILD 150 DEL MAR CA 92014-3859 CARLSBAD CA 92009-4661 IRVINE CA 92612-2509 K HOVNANIAN AT OCEAN WA 3991 MACARTHUR BLVD 300 NEWPORT BEACH 92660-3031 POINSETTIA HOMEBUILDING 4141 JUTLAND DR 100 SAN DIEGO CA 92117-3658 POINSETTI ,, " / POINSETTIA POINSETTIA HOMEBUILDING DR 100 ~ CA 92117-3658 LDING 0 CA 92117-3658 92117-3658 POINSETTIA HO&-BUILDING / POINSETTIA 4141 JUTLAd DR 100 REBUILDING D DR 100 SAN DIEGdCA 92117-3658 A 92117-3658 / _.-. .* ” POINSETTIA HOMEBUILDING POINSETTIA H~&ILDING JENNIFER S LESAR 4141 JUTLj$Nb DR 100 7330 STARBOARD ST SAN DIE,@3 CA 92117-3658 CARLSBAD CA 92009 MSWHAN SACHER 7322 STARBOARD ST PO BOX 2412, CARLSBAD CA 92009 CARLSBAD CA 92018-2412 JOHN R KENNEDY 7533 NAVIGATOR CIR CARLSBAD CA 92009-5405 ROBERT F HAINES 7527 NAVIGATOR CIR CARLSBAD CA 92009-5405 JEAN M MOORE 7521 NAVIGATOR CIR CARLSBAD CA 92009-5405 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LINDA METTLING 7222 LINDEN TER ENCINITAS CA 92024 MARY E COLEMAN 6610 OCEANVIEW DR CARLSBAD CA 92009-1022 WILLIAM C & JOAN HEIL 7234 LINDEN TER CARLSBAD CA 92009-4719 MILAN R JURCO 7240 LINDEN TER CARLSBAD CA 92009-4719 GEORGE & ANNE EISNER 7305 LINDEN TER CARLSBAD CA 92009-4723 FIEL TR 7237 LINDEN TER CARLSBAD CA 92009-4721 FLORENCE J COWEN 7231 LINDEN TER CARLSBAD CA 92009-4721 DONALD E & MARY PIGFORD 800 E 20TH ST FARMINGTON NM 87401-4207 CHARLES A NICHOLSON 7219 LINDEN,TER CARLSBAD CA 92009-4721 GRACE A GARTLAND MILLER SUSAN L ROSALIE TABOR 7217 LINDEN TER 7215 LINDEN TER 7213 LINDEN TER CARLSBAD CA 92009-4721 CARLSBAD CA 92009-4721 CARLSBAD CA 92009-4720 TANG JOHNSON GRACE M DEGAN 567 ELINOR DR 7209 LINDEN TER 7207 LINDEN TER FULLERTON CA 92835-1822 CARLSBAD CA 92009-4720 CARLSBAD CA 92009-4720 WILLIAM H MALLEY L D KING KATHLEEN A DEINES 7205 LINDEN TER 7203 LINDEN TER 7201 LINDEN TER CARLSBAD CA 92009-4720 CARLSBAD CA 92009-4720 CARLSBAD CA 92009-4720 SEA CLIFF HOMEOWNERS AS ROBERT W & MARY MARTIN ALDO & MARIA BARONE 3127 AIRWAY AVE A 7433 LINDEN TER 3753 W AVENUE J14 514 COSTA MESA CA 92626-4609 CARLSBAD CA 92009-4726 LANCASTERCA 93536-6304 FIACCO FAMILY MILDRED I LERNER NEIL E & DIANE PATREN 5568 GLENHAVEN AVE 7425 LINDEN TER 7423 LINDEN TER RIVERSIDE CA 92506-3535 CARLSBAD CA 92009-4725 CARLSBAD CA 92009-4725 JOHN T & SHARON BARCLAY RAYMOND P HEBERT SHLEMMER 7421 LINDEN TER 7419 LINDEN TER 7417 LINDEN TER CARLSBAD CA 92009-4725 CARLSBAD CA 92009-4725 CARLSBAD CA 92009-4725 RICHARD J ARLEN DENNIS L & JANET OLSON CARROLL D SMITH 7415 LINDEN TER 7413 LINDEN TER 7411 LINDEN TER CARLSBAD CA 92009-4725 CARLSBAD CA 92009-4725 CARLSBAD CA 92009-4725 BERNARD E & SALLY COHEN REED T & DEE ALDER MICHAEL P MAUDSLEY 7409 LINDEN TER 18615 E LEADORA AVE 33 SAN JUAN DR CARLSBAD CA 92009-4725 GLENDORA CA 91741-1817 RANCH0 MIRAGE 92270-1973 KARIS A HELWIG JOANNE M SMALL LOREN E & KAY SANCHEZ 7335 LINDEN TER 7333 LINDEN TER 862 W BUFFINGTON ST CARLSBAD CA 92009-4723 CARLSBAD CA 92009-4723 UPLAND CA 91784-1511 DREYER FAMILY NANCY J SVOBODA SHINZO & HIROKO DATE 7329 LINDEN TER 7327 LINDEN TER 7323 LINDEN,TER CARLSBAD CA 92009-4723 CARLSBAD CA 92009-4723 CARLSBAD CA 92009-4723 - CA COASTAL COMMISSION SD COUNTY PLANNING ! CA DEPT OF FISH & GAME STE 200 STE B STE 50 3111 CAMINO DEL RIO NO 5201 RUFFIN RD 330 GOLDENSHORE DR SAN DIEGO CA 92108-I 725 SAN DIEGO CA 92123 LONG BEACH CA 90802 REGIONAL WATER QUALITY BRD SANDAG STE 6 STE 800 9771 CLAIREMONT MESA BLVD 401 BST SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CARLSBAD UNIFIED SCHOOL DIST 801 PINE ST CARLSBAD CA 92008 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS - COMMUNITY PUBLIC WORKS - ENGINEERING DEPT PROJECT PLANNER SERVICES DEPT - OAK ANNE HYSONG Sally Lyons 7019 Lavendar Way Carlsbad, CA 92009 Bernard Ponseggi 6947 Whitecap Dr. Carlsbad, CA 92009 Marilyn F. Ponseggi & Assoc Attn: M.F. Ponseggi 2117 Jarama Const El Cajon, CA 92019 Kent Schnoeker 6880 Seaspray Lane Carlsbad, CA 92009 April 13,1999 TO: FROM: - 1yI”-‘& . . CITY COUNCIL PLANNING DEPARTMENT SUBJECT: CT 98-06/CDP 98-27/CP 98-OYHDI ’ 98-04 - Date CI l WC&y POINSETTIA SHORES PLANNIN ‘GAREAC For the Information of the: AssLr:m Please add the following language to the end of the “Environmental Section” of the Agenda Bill #15.139: The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to $15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. Please add the following: finding to City Council Resolution No. 99-128; New Finding 7 and then renumber That this project could have a potentially significant negative cumulative traffic impact on the Palomar Airport Road/ El Camino Real intersection. However, this project has been conditioned to pay its fair share of the “short-term improvements” thereby, guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. New Condition 1 The Developer shall pay his fair share for the “short-term improvements” to the El Camino Real/ Palomar Airport Road intersection prior to approval of the final map or the issuance of a grading permit, whichever occurs first. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 9 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. April 13, 1999 c-4 J TO: CITY COUNCIL FROM: PLANNING DEPARTMENT SUBJECT: Poinsettia Shores Planning Area C, CT 9%06KP 98-05/HDP 9%04/CDP 98-27 In order to clarify the City’s intent and to ensure that the proposed project is consistent with the public access provisions of the Local Coastal Program and the Coastal Act, staff is recommending the addition of the following language to condition no. 26 of Planning Commission Resolution No. 4461: Regardless of whether the City accepts the trail(s) dedication, the subject trail(s) shall be installed and made available to the general public prior to the occupancy of any unit within Planning Area C. In the event that a Citywide Open Space Maintenance District is not formed, maintenance responsibilities shall be assumed by the Master Homeowners Association. Ail Receive-Agenda hem # 11 For the Information of the: clTYcouNcIL Asst.CM-CA&c/ Date W&yMan City of Carlsbad April 19, 1999 Greystone Homes, Inc. Attn: President 5973 Avenida Encinas, Suite 101 Cartsbad, CA 92008 POlt+&ElTlA SHORES Cl 98-06 Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,139, and Resolution No. 99-l 28. These documents went before the City Council on April 13, 1999, when the Resolution was adopted. Resolution No. 98-128 approved the Tentative Tract Map, a Negative Declaration, Condominium Permit, Coastal Development Permit and Hillside Development Permit for Poinsettia Shores Planning Area C. If you have any questions regarding your project, please call Ms. Anne Hysong, in the Planning Department,at: 438-l 161 extension 4477. ,cr ‘--;+.“.‘. - .-_.._ c&r ,&. /” 4; / . ..(&.. :.., -;~::* \L .!*Y j t : ‘;r d ” Kathleen D. Shoup Sr. Office Specialist 1200 Carfsbad Village Drive * Carlsbad, CA 92008-l 989 l (760) 434-2808 @