HomeMy WebLinkAbout1999-06-08; City Council; 15253; Poinsettia Properties PA 8MTG. 6/8/99
DEPT. PLN
CITY OF CARLSBAD - AGEhOA BILL
TITLE:
POINSETTIA PROPERTIES PLANNING AREA 8
CT 97-221CP 98-091CDP 97-55
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RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. q9-2/0 , CERTIFYING an Addendum to EIR 96-
01 and APPROVING CT 97-22/CP98-09/CDP 97-55 as recommended for approval by the Planning
Commission.
ITEM EXPLANATION:
On April 7, 1999, the Planning Commission conducted a public hearing to review the Poinsettia
Properties Planning Area 8 (PA 8) project located at the southeast corner of Carlsbad Boulevard
and Poinsettia Lane in the RD-M Zone and in Local Facilities Management Zone 22. The Planning
Commission recommended approval (4-0; 4 ayes, 2-absent, and 1 abstention) to permit the
subdivision of a 16.6 acre parcel for the development of 112 single family, detached, airspace
condominiums including associated recreation and RV storage facilities.
Each of the proposed homes will have an exclusive use area ranging in size from 3,503 to 5,583 sq.
ft.; front yards will be maintained by a homeowners’ association with the resident maintaining the
side and rear yards. Affordable housing obligations are met through an affordable housing
agreement to construct required units in Planning Area 5 of the specific plan. Building height, tree
height, and pad elevations on this site surfaced as concerns during review of the specific plan.
These issues have been addressed by maintaining a maximum building height of 26 feet; providing
75 percent canopy trees; and ensuring pad elevations at the northwest corner of the site at one foot
above the elevation of Carlsbad Boulevard.
The transit-oriented design requirements outlined in the specific plan have been met through the
provision of front porches, garages set back from the fronts of homes; grass-lined driveways,
neighborhood plazas, tree-lined streets, landscaped center islands, and a wide variety of passive
and active recreation amenities.
The Poinsettia Properties Planning Area 8 proposal was found to be consistent with the various
elements of the General Plan, the applicable segments of the Local Coastal Program, the applicable
sections of the Specific Plan and the Municipal Code, as well as the Local Facilities Management
Plan for Zone 22. Other than the statement of project support by the applicant, there were no
comments made during the public hearing on the project, therefore the Planning Commission and
staff are recommending approval of the proposed development.
ENRIVONMENTAL REVIEW:
The proposed project was included in the Program EIR (EIR 96-10) prepared for the Poinsettia
Properties Specific Plan. The project is still consistent with the land uses, design guidelines and
facility improvements required in the specific plan. No new impacts are anticipated as a result of this
proposal except with regard to traffic. The City’s annual Growth Management Traffic Monitoring
Report indicates an unanticipated intersection level of service failure at Palomar Airport Road and El
Camino Real during both the a.m. and p.m. peak hours. This creates a changed circumstance
necessitating a mitigation measure requiring the developer to pay its fair share towards the short-
term improvement to this intersection prior to the issuance of building permits. With this mitigation measure in place, the project was determined to be exempt under Section 15182 of the California
Environmental Quality Act.
PAGE 2 OF AGENDA I~ILL NO. /5,253
Subsequent to this determination, there was a minor technical change in the project as a result of a
new condition requiring the construction of roadway improvements to Carlsbad Boulevard along the
project frontage. To address this technical change, an addendum to EIR 96-10 (EIR for Poinsettia
Properties Specific Plan) is included and recommended for certification. Because the proposed
roadway improvements will impact not only PA 8 but will also eventually include PA 1 and PA 7, the
addendum also addresses the environmental impacts associated with these sites as well. The
environmental analysis of this minor technical change determined that there were no adverse
significant environmental impacts related to the Carlsbad Boulevard improvements, therefore staff
recommends certification of the addendum. The technical nature of the addendum does not require
recirculation or noticing.
FISCAL IMPACT:
All public facilities required to serve the additional dwelling units will be constructed prior to or
concurrent with development as mandated by Local Facilities Management Plan for Zone 22. Since
these improvements will be constructed by the developer, no negative fiscal impacts will be incurred
by the City. As noted above, the applicant will also be responsible for a pro rata share toward the
cost of short term improvements to the intersection of Palomar Airport Road and El Camino Real.
Development of PA 8 will increase land values thus creating a positive fiscal impact in the form of
increased property tax revenues.
GROWTH MANAGMENT STATUS:
Facilities Zone 22
Growth Control Point 11.5
Net Density* 6.7 du/ac
Special Facilities CFD No. 1
* The project is 72 units below the Growth Management Dwelling unit allowance and 11 units below the
Specific Plan unit allowance for PA 8.
EXHIBITS:
1. City Council Resolution No. 99-02/o
2. Location Map
3. Environmental Impact Assessment Form - Part II
4. Planning Commission Resolutions No. 4526, 4524 and 4523
5. Planning Commission Staff Report, dated April 7, 1999
6. Excerpts of Planning Commission minutes, dated April 7, 1999.
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RESOLUTION NO. 99-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA CERTIFYING AN ADDENDUM TO
EIR 96-01 AND APPROVING A TENTATIVE MAP,
CONDOMINIUN PERMIT AND COASTAL DEVELOPMENT
PERMIT TO DEVELOP 112 AIRSPACE CONDOMINIUMS ON
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF CARLSBAD BOULEVARD AND POINSETTIA
LANE IN LOCAL FACILITIES MANAGMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES PA 8
CASE NO.: CT 97-22/CP 98-09/CDP 97-55
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, pursuant to the provisions of the Municipal Code the Planning
Commission did, on April 7, 1999, hold a duly noticed public hearing as prescribed by law to
consider a Tentative Tract Map, Condominium Permit and Coastal Development Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the day of 8th
June , 1999, held a duly noticed public hearing to consider said matters and at that
time received recommendations, objections, protests, comments of all persons interested in or
opposed to the Addendum to EIR 96-Ol/CT 97-22/CDP 98-09/CDP 97-55;
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 City Council considered all factors relating to
the Addendum to EIR 96-01. Based on the EIA Part II and comments thereon, the City Council
finds that there is no substantial evidence the project will have a significant effect on the
environment.
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 City Council certifies the Addendum to EIR 96-01 and approves
Planning Commission recommendations on CT 97-22KP 98-09/CDP 97-55 and that the
findings and conditions of the Planning Commission as set forth in Planning Commission
Resolutions No. 4526, 4524 and 4523, on file with the City Clerk and made a part hereof by
reference, are the findings and conditions of the City. 3
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3. This action is final the date this resolution is adopted by the City Council.
The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
“NOTICE TO APPLICANT
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 8th day of June 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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EXHIBIT 2
POINSETTIA PROPERTIES
P. A. 8
CT 97-22/CP 98909lCDP 97-55
- e EXHIBIT 3
ENVIROlWVENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: EIR 96-01
DATE: Auril30. 1999
BACKGROUND
I, CASE NAME: Addendum to EIR 96-01 ( for the Poinsettia Pronerties Suecific Plan)
2. APPLICANT: Shea Homes
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 10721 Treena Street. Suite 200
San Diego, CA 92131
4. DATE EIA FORM PART I SUBMITTED: NA
5. PROJECT DESCRIPTION: The Poinsettia Properties Specific Plan (including the
Tentative Maps for Planning Areas 7 and 8) was previously covered by EIR 96-01.
Since that time the project has been modified to include the realignment of Carlsbad
Boulevard along the project frontage. This realignment will occur along the frontage
of Planning Areas 1, 7 and 8 of the Specific Plan. Therefore, this addendum to EIR
96-01 has been prepared to address the required realignment of Carlsbad Boulevard.
Tentative Maps are currently being processed for Planning Areas 7 and 8. Planning
Area 7 (CT 99-02) proposes 117 single-family homes, and Planning Area 8 (CT 97-
22) proposes 112 single-family homes. A Site Development Plan will be processed on
Planning Area 1 for Commercial/Tourist use at a later date.
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.
0 Land Use and Planning 0 Transportation/Circulation 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems
q Geological Problems 0 Energy & Mineral Resources 0 Aesthetics
c] Water 0 Hazards 0 Cultural Resources
q Air Quality 0 Noise 0 Recreation
0 Mandatory Findings of Significance
1 Rev. 03/28/96
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DETERMINATION.
(To be completed by the Lead Agency)
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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 Neg. Dee 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 significant effects in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR (EIR 96-01)
pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that
earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
L-cb-zw(-
Planner Signature Date
Planning Director’s $&natu Date
Rev. 03/28/96
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PROJECT DESCRIPTION:
The proposed project includes the installation of half-width street improvements (including two
travel lanes with shoulder, curb and gutter and raised median) on Carlsbad Boulevard along
Planning Areas 1, 7 and 8 of the Poinsettia Properties Specific Plan. Improvements will be
installed to major arterial standards concurrent with the development of each planning area.
ARCHEOLOGY:
A cultural resource survey for the realignment of Carlsbad Boulevard was completed by Gallegos
& Associates in 1998. No cultural resources were identified within the study area along the
frontage of the Poinsettia Properties Specific Plan. Monitoring by a qualified archeologist during
grading will reduce potential impacts to acceptable levels. (3)
BIOLOGICAL RESOURCES:
A biological resources report prepared for the realignment of Carlsbad Boulevard (WCIA,
1998a) indicates that the realignment of Carlsbad Boulevard will involve land that is highly
disturbed and does not support natural biological communities. This disturbed land is dominated
by iceplant, other ruderal (weedy) species and non-native grasses, or barren ground. (3)
No jurisdictional wetland or other waters of the United States would be impacted by the
realignment of Carlsbad Boulevard along the frontage of the Poinsettia Properties Specific Plan.
No mitigation other than use of best management practices during construction were determined
to be necessary. (3)
PALEONTOLOGY:
Marine terrace deposits and tertiary sedimentary bedrock that underlies the project area has a
medium to high paleontological resource sensitivity. Project construction will not impact
fossiliferous geologic formations because the grading will not likely encounter these formations.
Monitoring by a qualified paleontologist during grading in areas potentially underlain by
fossiliferous geologic formations will reduce potential impacts to acceptable levels. (3)
ACOUSTICS:
Realignment of Carlsbad Boulevard would increase noise levels east of the northbound lanes of
Carlsbad Boulevard by 0 to 2 decibels, and reduce noise levels by an equivalent amount to the
west of the southbound lanes of Carlsbad Boulevard. Noise modeling indicates that
neighborhood traffic noise could exceed the City of Carlsbad’s exterior noise standard of 60 dBA
CNEL. However, this noise standard would be exceeded regardless of the proposed project due
to projected increases in traffic. (3) (4)
The expected increase in noise that would cause an exceedance of the City of Carlsbad’s exterior
noise standard will be reduced using standard noise mitigation techniques. Adherence to the City
of Carlsbad Municipal Code Section 8.48 regarding noise generated during construction will be
3 Rev. 03/28/96
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adequate to minimize noise to acceptable levels during construction. (3) (4)
REFERENCES:
1. “Final Master EIR for the City of Carlsbad General Plan Update”, March 1994
2. The Poinsettia Properties Specific Plan (MP 210), dated November 27, 1998 and
approved by City Council on November 27,1998.
3. Carlsbad Boulevard Realignment Study prepared for the City of Carlsbad by
Woodward-Clyde, dated December 7,1998.
4. Letter from RECON Environmental Consultants dated April 26, 1999 which
addresses noise effects of Carlsbad Boulevard realignment.
4 Rev. 03/28/96 9
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PLANNING COMMISSION RESOLUTION NO. 4526
EXHIBIT 4
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-22 TO
DEVELOP 112 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
CARLSBAD BOULEVARD AND POINSETTIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETIA PROPERTIES PLANNING
AREA8
CASE NO.: CT 97-22
WHEREAS, Shea Homes Limited Partnership, “Owner” and “Developer”, has
filed a verified application with the City of Carlsbad regarding property described as:
Portions of Lot 3 and the north l/3 of Lot 4 of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian,
City of Carlsbad, San Diego County, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “A” - “EE” dated April 7,1999 on file in the Planning Department
POINSETTIA PROPERTIES PLANNING AREA 8, CT 97-22, as provided by Title 20 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April 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, 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) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING
AREA 8, CT 97-22, based on the following findings and subject to the following
conditions:
Findings:
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed 112 airspace condominium project is
consistent with the land use designation and density allowed by the Poinsettia
Properties Specific Plan to help meet the housing needs of the community. The
Project is consistent with all City policies and standards and the requirements of
Specific Plan 210. The City Council approved the specific plan and made the
finding that the plan implements the General Plan and is consistent with the goals,
objectives and policies of the General Plan. The specific plan provides for the
following: 1) the provision of the necessary circulation element roadways and
improvements (Avenida Encinas, Poinsettia Lane and Carlsbad Boulevard); 2) the
protection and enhancement of the off-site wetland areas; 3) the construction of a
future public trail; 4) the provisions for affordable housing; 5) compliance with the
Local Facilities Management Plan Zone 22 for public facilities and services; 6)
implementation of the mitigation, monitoring, and reporting program for the SP
210 Program EIR, and, 7) the payment of all required mitigation fees for the
conversion of agricultural lands to urban land uses.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for RM, or RMH, residential development on the
General Plan, in that the land uses being called for by the approved Specific Plan
(RMH 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 Specific Plan and 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 in
that the project has been designed and structured such that there are no conflicts
with existing easements.
That the project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance as the Developer entered into an Affordable Housing
Agreement to provide and deed restrict 92 dwelling units as affordable to lower-income
PC RESO NO. 4526 -2- //
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households in Planning Area 5 of the Poinsettia Properties Specific Plan thereby
fulfilling the affordable housing obligation for Planning Area 8.
That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15182 of
the state CEQA Guidelines and will not have any adverse significant impact on the
environment.
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.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards including the RR-M
Zone, as well as the standards and design criteria established by the Poinsettia
Properties Specific Plan.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is consistent with the design criteria of
both the RR-M Zone and the Poinsettia Properties Specific Plan in that all setbacks
have been provided, a pedestrian focus has been maintained, landscaping has been
integrated throughout the site; and recreational facilities have been provided for a
variety of ages and life styles.
That the street systems serving the proposed use are adequate to properly handle all
traffic generated by the proposed use, in that private streets will be improved to a full
36 foot width with curbs, gutters, sidewalks, etc. and that the proposed street has
been demonstrated through the specific plan and Program EIR to be adequate to
accommodate the traffic generated by this project.
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 site plan provides
for a variety of building placement alternatives, including the adequate separation
of the structures and the dominate westerly wind/solar radiation patterns will allow
utilization of natural heating and cooling opportunities.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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.
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That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the drainage
requirements of SP 210, City ordinances and standards, the Mello II Segment of the
Local Coastal Program and Best Management Practices for water quality have been
considered and appropriate drainage facilities have been designed as shown on the
project’s exhibits. The project is conditioned to comply with all applicable National
Pollution Discharge Elimination System requirements.
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 is subject to all applicable mitigation measures required
by the Mitigation Monitoring and Reporting Program certified with Final Program
EIR 96-01, as contained in Planning Commission Resolution No. 4157.
That all feasible mitigation measures identified in Program EIR 96-01 which are
appropriate have been incorporated into this project in that:
A) the project has been designed to encourage pedestrian activity;
B) the project will pay required Agricultural Mitigation Fees;
C) the project is protecting potential paleontological resources;
D) noise walls, mechanical ventilation and building construction will mitigate noise
impacts in accordance with EIR 96-01;
E) building heights have been reduced to a maximum of 26’; and
F) standard City grading procedures will be implemented to ensure erosion control
and reduce sedimentation.
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. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
PC RESO NO. 4526 -4- /3
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C. That park credits for SP 210 have already been met through an agreement
with the Occidental Land Company, John D. Lusk & Son, and the City on
June 17, 1982, whereby the previous property owner agreed to construct
Poinsettia Bridge, dedicated park land and received park land credits for 725
units for all parcels within Specific Plan 210, including the subject parcel.
Approval of CT 97-22 will deduct 112 credits from the present balance of 633
leaving a remaining number of 521 available credits.
D. All necessary public improvements have been provided or are required as
conditions of approval.
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.
18. 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.
19. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 22.
20. 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.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions upon 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 Developer to make all corrections and
modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall .occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. The project must comply with all mitigation measures required by the Mitigation
Monitoring and Reporting Program certified with Program EIR 96-01 on January
20, 1998.
3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
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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 resolutions 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 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 agreemem to pay the public
facilities fee dated April 8, 1996, 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 22 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to
provide school facilities.
The developer shall post a sign in the sales offke in a prominent location that
discloses which special districts and school district provide service to the project.
Said sign shall remain posted until ALL of the units are sold.
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 laws.
Approval of CT 97-22 is granted subject to the approval of CP 98-09 and CDP 97-55.
CT 97-22 is subject to all conditions contained in Planning Commission Resolution
Nos. 4524 and 4523 for CP 98-09 and CDP 97-55.
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13. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. 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 bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article
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 andor 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.
SDecial Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots andor Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
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 andor to pursue lien foreclosure procedures against any Owner and
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article
, Section
C.
of this Declaration.
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D.
E.
F.
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 “TrelWPatio Cover and
Balcony/Deck Plan”.
Maintenance responsibilities for the common areas (to be maintained by the
Homeowners’ Association) and for the exclusive use areas (to be maintained
by the individual airspace unit owner) shall be as delineated on the approved
“Maintenance Responsibilities exhibit attachment 9 to staff report dated
April 7,1999. This information shall also be shown on the detailed landscape
plan and the final grading plan for this project. Prior to the issuance of
building permits, the applicant shall submit a recorded copy of the
Condominium Plan (filed with the California Department of Real Estate)
which must indicate that ownership and maintenance responsibilities are in
conformance with the “Maintenance Responsibilities” exhibit and all
approved City exhibits.
The CC&Rs shall include a disclosure to future property owners and tenants
of this project that this site may be subject to impacts as follows:
A) Noise, light, air, and traffic impacts from future development of the
designated commercial site located immediately to the south of the
subject site;
B) Noise, air and traffic impacts from Poinsettia Lane, Carlsbad
Boulevard, the San Diego Northern Railroad, and the Poinsettia
Commuter Rail Station.
14. 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, and
Coastal Development Permit by Resolution No. 4526, 4524, and 4523 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.
15. The Developer shall pay all required agricultural mitigation fees prior to
recordation of the final map or the issuance of a grading permit (whichever occurs
first) in accordance with the provisions of the Coastal Agriculture Overlay Zone.
16. Prior to issuance of building permit, the owner shall submit an acoustical analysis
which demonstrates that the architectural plans comply with the State of California
interior noise standard of 45 CNEL. The architectural plans shall incorporate any
additional measures (thicker glazing, sound absorption material, shielding of vents,
or artificial circulation system) to attenuate the noise to an acceptable level. Where
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windows are required to be unopenable or kept closed in order to meet the interior
noise standards, mechanical ventilation and cooling, if necessary, shall be provided
to maintain a habitable environment. The system shall supply two air changes per
hour to each habitable room including 20% (one-fifth) fresh make-up air obtained
directly from the outdoors. The fresh air inlet duct shall be of sound attenuating
construction and shall consist of a minimum of ten feet of straight or curved duct or
six feet plus one sharp 90 degree bend.
The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with Final
Program EIR 96-01 as contained in Planning Commission Resolution No. 4157.
Grading is prohibited from October 1 to April 1. The City Engineer may permit an
extension of the grading season until November 15, if all precautionary measures
regarding erosion, consistent with the City’s grading ordinance, have been put in
place.
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.
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 thving condition, free from weeds, trash, and
debris.
The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
Building identification andor 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.
The Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall at a minimum include a bench, free
from advertising, and a pole for the bus stop sign. The bench and pole shall be designed
to enhance or consistent with basic architectural theme of the project.
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 “Trellis/Patio Cover and
Balcony/Deck Plan”. Prior to the issuance of a certificate of occupancy for any
units, an inspection shall be made by Planning Department staff to ensure
compliance with this condition. During the course of subsequent final inspections
and occupany approvals by the Planning Department, random monitoring and
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periodic inspections of the sales office shall be made by Planning Department staff
to ensure continued compliance with this condition. If the sales office is found to be
not in compliance with this condition at any time, certificate of occupancy approvals
shall be suspended by the Planning Director until compliance is achieved to the
satisfaction of the Planning Director.
Prior to issuance of a grading permit the developer shall meet with the North
County Transit District (NCTD) to negotiate the replacement of the retaining wall
along the eastern boundary of the project and the San Diego Northern Railroad
(SDNR) property with a 2:l (or gentler) slope. If NCTD agrees to a 2:l (or gentler)
slope in place of the retaining wall, a solid noise wall will be allowed and plexi-glass
will not be required. If the developer is not able to reach an agreement with NCTD
the project shall be built as shown on the approved exhibits.
The project is being approved as a condominium permit for residential homeownership
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.
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.
The Developer shall implement, or cause the implementation of, the (EIR 96-01) Project
Mitigation Monitoring and Reporting Program.
The Developer, or their successors in interest, shall improve the project site with the
project as described in the Final EIR 96-01, except as modified by this resolution.
Paleontology:
Prior to issuance of a grading permit, the developer shall present a letter to
the City indicating that a qualified paleontologist has been retained to carry
out an appropriate mitigation program. (A qualified paleontologist is
defined as an individual with an MS or Ph. D. in paleontology or geology who
is familiar with paleontological procedures and techniques.
A qualified paleontologist shall be present at the pre-construction meeting to
consult with the grading and excavation contractors.
A paleontological monitor shall be on-site a minimum of half-time during the
original cutting of previously undisturbed sediments to inspect cuts for
contained fossils. In the event that fossils are discovered, it may be necessary
to increase the per/day in field monitoring time. Conversely, if fossils are not
being found then the monitoring should be reduced. (A paleontological
monitor is defined as an individual who has experience in the collection and
salvage of fossil materials.) The paleontological monitor shall work under
the direction of a qualified paleontologist.
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31.
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D) When fossils are discovered the paleontologist (or paleontological monitor)
shall recover them. In most cases this fossil salvage can be completed in a
short period of time. However, some fossil specimens (such as complete,
large, mammal skeleton) may require an extended salvage period. In these
instances the paleontologist (or paleontological monitor) shall be allowed to
temporarily direct, divert, or halt grading to allow recovery of fossil remains
in a timely manner. Because of the potential for the recovering of small fossil
remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washihg operation on the site.
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 the trail shown on the
tentative map within Open Space Lot 1. If the City of Carlsbad.accepts dedication
of the trail easement, the trail shall be constructed as a public trail and will be the
maintenance and liability responsibility of the City of Carlsbad. If the City of
Carlsbad does not accept dedication of the trail easement, the trail shall still be
constructed but it shall be constructed as a private trail and shall be the
maintenance and liability responsibility of the Master Homeowners Association.
This project shall comply with all conditions and mitigation measures which are required
as part of the approved condominium permit and coastal development permit as
contained in Planning Commission Resolutions No. 4523,4524, and 4526.
Enpineering Conditions:
33.
34.
35.
36.
37.
Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
There shall be one final subdivision map recorded for this project.
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.
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.
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.
PC RES0 NO. 4526 -1 1- ao
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38. Rain gutters must be provided to convey roof drainage to an approved drainage course or
street to the satisfaction of the City Engineer.
FeedAgreements
39. The developer shall pay all current fees and deposits required.
40. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
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
District No. 1 on a form provided by the City.
42. The City will enter into a reimbursement agreement with the developer for its share
of the realignment of the Carlsbad Boulevard frontage improvements. The
agreement will allow for progress payments from the City for its share of any costs
for the improvements beyond the developers obligation specified in the Specific Plan.
Such improvements shall include transitions back to the existing lanes of Carlsbad
Boulevard north and south of the project frontage. This condition is not intended to
supersede the conditions or requirements contained in the Poinsettia Properties
Specific Plan.
Grading
43. 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.
44. Prior to the issuance of a grading permit or building permit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
45. 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 penriit will be issued. In that case the developer must
either amend the tentative map or modi@ 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/Improvements
46. 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.
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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.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities within the subdivision boundary.
Direct access rights for all lots abutting Poinsettia Lane and Carlsbad Boulevard, with the
exception of the emergency access road, shall be waived on the final map.
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 notieing 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.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifkeeze, 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, fbgicides,
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.
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:
A. Full-width street improvements to Ponto Road between Carlsbad
Boulevard and the southern subdivision boundary.
B. Half-width street improvements and raised median along the project
frontage on Carisbad Boulevard to Major Arterial standards and to
the satisfaction of the City Engineer. The City Engineer may approve
a bond for design and construction of said improvements prior to
final map approval.
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52.
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C.
D.
E.
Removal of the existing northbound ramp from Ponto Drive to
Carlsbad Boulevard and installation of a cul-de-sac bulb at the
northern terminus of Ponto Drive.
Storm drain improvements within the railroad right-of-way from the
northern subdivision boundary and south to join the existing 78”
storm drain.
Installation of a traffic signal at the intersection of Ponto Road and
Carlsbad Boulevard.
All street improvement plan are to include signing and striping plans.
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.
The design of all private streets and drainage systems shall be approved by the City
Engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets and drainage systems shall be
inspected by the City. The standard improvement plan check and inspection fees shall be
paid prior to approval of the final map for this project.
The Developer shall pay their fair share for the “short-term improvements” to the
El Camino ReaYPalomar Airport Road intersection prior to the issuance of any
building permits. 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 22 LFMP fee; the creation of a fee or
assessment district; or incorporation into a Mello-Roos taxing district.
Final Map Notes
54. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data:
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.
Water Conditions:
55. Improvement plans for Planning Area 8 shall include the following:
A. Area 8 shall place an 8” sewer in Private Street B and project the line across the
railroad right-of-way easement and intercept the 27” interceptor sewer
perpendicular. The 8” line shall be in a steel casing pipe and connect to the 27” at
invert.
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B.
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General:
Install a 24” casing pipe parallel to the 27” sewer perpendicular to and across
Poinsettia Lane right-of-way at an elevation that will allow a future extension of
the 8” sewer north to the proposed lift station non Area 2.
Extend the 8” sewer in private street B westerly to the centerline of Carlsbad
Boulevard. This will be a future tie-in point for Area 7.
Extend an 8” sewer in private street A or B southerly to the future commercial lot.
This sewer shall be at sufficient depth to gravity flow the commercial lot. This
depth will be approximately 7’ below the street finished grade.
8” recycled water line on the frontage of Carlsbad Boulevard for the length of the
frontage.
56. 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, Condominium Permit, and Coastal Development Permit.
Standard Code Reminders:.
57.
58.
59.
60.
61.
The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
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.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans including landscaping
perimeter fencing and, recreational facilities.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
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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.
Some improvements shown on the tentative map andor required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
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
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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 feedexactions
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 stalpte 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 7th day of April, 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Savary, and
Segall
NOES:
ABSENT: Commissioners L’Heureux, Nielsen and Welshons
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4524
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DEVELOP 112 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
POINSETTIA LANE AND CALRSBAD BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES PLANNING
AREA 8
CASE NO.: CP 98-09
WHEREAS, Shea Homes Limited Partnership, “Owner and “Developer”, has
APPROVAL OF CONDOMINIUM PERMIT CP 98-09 TO
filed a verified application with the City of Carlsbad, described as
Portions of Lot 3 and the north 1/3 of Lot 4 of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian,
City of Carlsbad, San Diego County, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibit(s) “A” - “EE” dated April 7, 1999 ,on file in the Planning
Department, POINSETTIA PROPERTIES PLANNING AREA 8, CP 98-09 as provided by
Chapter 2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April, 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, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Condominium Permit
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING
AREA 8, CP 98-09, based on the following findings and subject to the following
conditions:
Finding:
1.
2.
3.
4.
5.
That the granting of this permit will not adversely affect and will be consistent with the
Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and
all adopted plans of the City and other governmental agencies, in that the project is
consistent with the Residential Medium-High (RMH) density land use designation
and RD-M zoning, and is in compliance with all City policies and standards,
including the requirements of Specific Plan 210. The City Council approved the
Specific Plan and made the finding that the plan implements the General Plan and
is consistent with the goals, objectives, and policies of the General Plan. The
Specific Plan provides for the following: (1) the provision of the necessary
circulation element roadways and improvements (Carlsbad Boulevard and Ponto
Road); (2) the protection and enhancement of the native habitat areas; (3) the
provisions for affordable housing; (4) compliance with the Local Facilities
Management Plan Zone 22 for public facilities and services, including utility
infrastructure (sewer, water, drainage) and open space; (5) implementation of the
mitigation monitoring and reporting program for the SP 210 Program EIR, (6)
compliance with the Local Facilities Management Plan Zone 22 for public facilities
and services; and, (7) payment of agricultural mitigation fees.
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 development of single-family homes
would provide a balance and mix of land uses within Specific Plan 201 and provide
additional housing opportunities for residents of the community. The development
of single-family homes is compatible with the existing development to the east.
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. Drainage facilities will be
provided concurrent with development of the project to reduce erosion and
flooding. All manufactured slopes are landscaped to prevent erosion and to visually
screen the slopes. The private street system is designed to meet all City standards
and corner line of sight distance.
That the proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on the
site, in that the site contains no significant natural resources.
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 is consistent with the mobile
PC RES0 NO. 4524 -2- a8
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home park to the east and the proposed density of 6.74 dwelling units/acre is below
the Residential Medium-High (RMH) range and the overall Condominium Permit
does not exceed the Growth Control Point.
6. 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 a circular private street system
provides direct access from Ponto Road to the guest parking spaces and driveways
that lead to the homes’ attached two-car garages. The private street includes
pedestrian sidewalks that lead to a public trial on Carlsbad Boulevard.
Condltlons: ..
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 98-09 is granted subject to the approval of CT 97-22 and CDP 97-55
CP. 98-09 is subject to all condition contained in Planning Commission Resolutions No.
4526 and 4523 for CT 97-22 and CDP 97-55.
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 feedexactions.
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 feedexactions 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 RES0 NO. 4524 -3- J9
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Savary, and
Segall
NOES:
ABSENT: Commissioners L'Heureux, Nielsen and Welshons
ABSTAIN:
COURTNEY E. Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4524 -4-
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NING COMMISSION RESOLUTION NO. 4523
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
NUMBER CDP 97-55 TO DEVELOP 112 AIRSPACE CONDOS
ON PROPERTY GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF CARLSBAD BOULEVARD AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 22.
CASE NAME: POINSETTIA PROPERTIES PLANNING
AREA8
CASE NO.. . CDP 97-55
WHEREAS, Shea Homes Limited Partnership, “Owner and “Developer”, has
filed a verified application with the City of Carlsbad regarding property, described as
Portions of Lot 3 and the north l/3 of Lot 4 of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian,
City of Carlsbad, San Diego County, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “An - “EE” dated April 7, 1999, on file in the
Planning Department, POINSETTIA PROPERTIES PLANNING AREA 8, CDP 97-55, as
provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April 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, 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.
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B)
Findings:
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING
AREA 8, CDP 99-55, based on the following findings and subject to the
following conditions:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that as designed and conditioned the proposed
development does not obstruct public views of significant ocean horizon views and
no agricultural activities, sensitive coastal resources, geologic instability or coastal
access opportunities exist on or adjacent to the project site. The structural
placement and architecture of the single-family homes is consistent with the
applicable Residential Density Multiple Zone (R-DM-Q) and Specific Plan 210. No
sensitive coastal resources will be impacted by the proposed precise grading as
adequate drainage and erosion control measures have been incorporated into the
project.
2. That the project is consistent with the Coastal Agriculture Overlay Zone in that all
required agricultural mitigation fees will be paid prior to final map or issuance of a
grading permit, which ever occurs first, in accordance with the provisions of the
Overlay Zone and the Poinsettia Properties Specific Plan.
. . Condtttons . .
1.
2.
3.
4.
5.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Coastal 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.
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.
Approval of CDP 99-55 is granted subject to the approval of CT 97-22 and CP 9%
09. CDP 99-55 is subject to conditions contained in Planning Commission
Resolutions No. 4526 and 4524 for CT 97-22 and CP 98-09.
Prior to final map or the issuance of a grading permit which ever occurs ilrst,
the applicant shall pay all required agricultural mitigation fees in accordance
with the provisions of the Coastal Agriculture Overlay Zone.
Grading is prohibited from October 1 to April 1. The City Engineer may permit
an extension of the grading season until November 15, if all precautionary
measures regarding erosion, consistent with the City’s grading ordinance, have
been put in place.
PC RESO NO. 4523 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from 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 7th day of April 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Savary, and
Segall
NOES:
ABSENT: Commissioners L’Heureux, Nielsen and Welshons
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4523
EXHIBIT 5 The City of CARLSBAB Planning Department
. A REPORT TO THE PLANNING COMMISSION
Item No. 8
Application complete date: October 26, 1998
P.C. AGENDA OF: April 7,1999 8
SUBJECT: CT 97-22/CP 98-09/CDP 97-55 - POINSETTIA PROPERTIES PLANNING
AREA 8 - Request for a recommendation of approval of a Tentative Tract Map,
Condominium Permit, and Coastal Development Permit to subdivide a 16.6 acre
parcel for the development of 112 single family, detached, airspace
condominiums at the southeast comer of Carlsbad Boulevard and Poinsettia Lane.
That the Planning Commission ADOPT Planning Commission Resolutions No. 4526, 4524 and
4523 RECOMMENDING APPROVAL of CT 97-22, CP 98-09 and CDP 97-55 based on the
findings and subject to the conditions contained therein.
II. INTRODUCTION
The proposed project, Planning Area 8 (PA 8) of the Poinsettia Properties Specific Plan, intends
to subdivide a 16.6 acre parcel of land to create 112 unit single family, detached, airspace
condominiums including associated recreation and RV storage facilities. The proposed
subdivision is consistent with the zoning and land use provisions of the Poinsettia Properties
Specific Plan while incorporating a transit-oriented design focus. Affordable housing obligations
have been met through an affordable housing agreement to construct required units in Planning
Area 5 of the Specific Plan. Building height on this site surfaced as a neighborhood concern
during the public review process of the specific plan. However, as designed and conditioned, the
project addresses this concern and is consistent with all relevant City regulations and policies.
All issues have been resolved.
III. PROJECT DESCWTION AND BACKGROUND
In January 1998, the City Council approved the Poinsettia Properties Specific Plan. This
document addresses eight planning areas wrapping around the east, west and south sides of the
Poinsettia Transit Station. The Specific Plan was designed to create a transit-oriented
development (TOD) project located near the rail station and the nearby major transportation
corridor, Interstate 5. The plan incorporated numerous features to create a pedestrian-focused
environment where residents can accomplish their daily activities without driving. This
included: designing pedestrian-scale streets lined with trees to slow traffic; building homes with
porches facing the street rather than garages; providing design details on the homes to create
visual interest; and, adding trails, open space and sidewalks to provide pedestrian connections
and opportunities.
CT 97-22KP 98-09/CDP Y 1-55 - POINSETTIA PROPERTIES PLANNING AREA 8
April 7,1999
Page 2
The subject site is located within the southwest quadrant of the City in Local Facilities
Management Zone 22. The site is bounded on the north by Poinsettia Lane, on the south by the
Ponto Area, on the east by the San Diego Northern Railroad (SDNR) right-of-way and on the
west by Carlsbad Boulevard and the Pacific Ocean. The site is composed of terrain that gently
slopes from the north to the southeast with a long north/south knoll running down the center of
the property. Elevations range from 58 feet above mean sea level at the northwest comer to 48
feet at the southeastern comer. The vacant project site has been disturbed by agricultural
operations and contains ruderal vegetation limited to non-native grasses and small shrubs.
The Poinsettia Properties Specific Plan designated the subject site with a Residential Medium
High land use with a maximum of 123 single-family detached dwelling units. Compliance with
this requirement has been met through the provision of 112 single family, detached, airspace
condominium homes each with a minimum of 3,500 square feet of exclusive use area. With an
air space condominium project there is one large, common lot and residents own only the
structure and air space within their single-family home and not the land under or around it. To
meet the intent of the PD regulations for single family development, each home is required to
have a minimum of 3,500 sq. ft. of area under and around the home for the exclusive use of the
homeowner. This exclusive use right is established, defined, and protected through the project’s
approved site plan, conditions of approval of the tentative map, and eventually the required
CC&Rs (see Attachment 8). The entry area landscaping and other common areas will be
maintained by the homeowners’ association. Patios, patio covers, balconies, and trellises will be
allowed as shown on the detailed exhibit included on Exhibits H and I.
Development is proposed along two 36 foot wide private streets accented with tree-lined
parkways and landscaped medians. Proposed exclusive use area sizes range from 3,503 to 5,583
square feet. The proposed products include four floor plans (each with three different
architectural treatments) with square footage amounts and building heights as follows:
The site layout encourages social interaction by locating homes close to the street and to their
neighbors. Landscaped parkways foster a sense of security for pedestrians by separating
pedestrians from the roadway. To further enhance the pedestrian experience while
simultaneously mitigating the impacts of the automobile, landscaping has been embellished with
tree-lined streets, center planter islands, and textured crosswalks that all serve to slow the speed
of traffic and enhance the appearance of the roadway.
All homes in this village are designed to promote this pedestrian-friendly ambiance with a
covered front porch that provides an area to relax with family and converse with passing
neighbors. In contrast to typical suburban planning principles, many of the garages on some
units are located at the rear of the property away from the socially active streetscape. On these
units, the garages are further screened by landscaped loggias and approached by driveways that
resemble walkways or courtyards with their decorative paving and grass planting strips. The
massing of building is reminiscent of beach cottage and craftsman style homes. Period details of
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April 7,1999
these architectural styles which are included in the proposed project include painted or stained
wood siding, lattice, board and battens, wooden shutters, comer tim boards, flower boxes, knee
braces, wooden porch columns and railings, exposed rafter and tails, windows with divided lites,
large gable and eave roof overhangs, and decorative picket fences.
All homes feature front porches or second story balconies. Garages (many with Pasadena
driveways) are recessed 5 to 41 feet from the front of the houses which creates the opportunity
for additional off-street guest parking. Each home will have a minimum 15’ x 15’ private yard.
Additional open space will be available at the four neighborhood plazas/recreation areas. These
plazas provide passive recreation opportunities for residents to meet and gather at one of the
gazebos, trellises, sculptures, or picnic areas. Numerous benches, tables, and seating areas are
provided throughout the development. Active recreation facilities are available at the grass
volleyball court, swimming pool, badminton court, tot lot, or open turf areas.
The project site is surrounded on the north and west by 40’ wide, mounded and landscaped
buffers with a meandering sidewalk on Carlsbad Boulevard. Required noise walls wrap around
the east, north, and west sides of the development. Those on the east side will be designed with
plexiglass on the upper portion to provide a more open feeling to residents while attenuating
noise. Walls will be partially concealed by dirt mounded against the walls.
The affordable housing obligation for the proposed project (as well as all other planning areas
within the Poinsettia Properties Specific Plan area) will be accommodated by a 92 unit affordable
apartment project to be located within Planning Area 5. The development proposal for PA 5 was
recently approved by the Planning Commission and is pending review by the City Council.. The
affordable housing agreement was approved by the Housing Commission on August 28, 1998
and the City Council on November 10,1998.
The proposed project is subject to the following plans, ordinances, standards and policies:
A. Carlsbad General Plan;
B. Mello II Segment of the Carlsbad Local Coastal Program;
C. Poinsettia Properties Specific Plan;
D. Subdivision Ordinance
E. Inclusionary Housing regulations
F. Growth Management, Zone 22 Local Facilities Management Plan.
G. California Environmental Quality Act and Environmental Protection Procedures.
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 regulations/policies utilizing both text and
tables.
A. GENERAL PLAN
The General Plan land use designation for Planning Area 8 is Residential Medium High (RMH).
When the City Council approved the Specific Plan in 1998, it made the finding that the Plan 3b
CT 97-22/CP 98-09/CDP Y 7-55 - POINSETTIA PROPERTIES PLANNING ARIA 8
April 7,1999
Modification
Protection of significant ocean horizon views from
Interstate 5
implements the General Plan and is consistent with its goals, objectives, and policies. This
finding was based on the fact that the specific plan provides for the following: (1) the provision
of the necessary circulation element roadway improvements (Avenida Encinas and Carlsbad
Boulevard; (2) the protection and enhancement of the off-site wetland areas; (3) the construction
of a future public trail; (4) the provisions for affordable housing; (5) the payment of mitigation
fees to convert agricultural land to urban uses; and (6) compliance with the Local Facilities
Management Plan for Zone 22 for public facilities and services. Based on this implementation
and consistency relationship between the Poinsettia Properties Specific Plan and the General
Plan, it can be assumed that if PA 8 is consistent with the Specific Plan, it is also consistent with
the General Plan.
Proposal Compliance ?
Existing view corridor on Yes
south side of Poinsettia is
not impacted by proposed
moiect.
B. MELLO I1 SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM
Protection of vernal pools
Pedestrian accessibility to proposed coastal rail trail
The proposed project is located within the Mello I1 Segment of the City’s Local Coastal Program
(LCP). When the Poinsettia Properties Specific Plan was approved, it was accompanied by a
Local Program Amendment (LCPA) to provide consistency between the specific plan, the zoning
ordinance and the Mello I1 Segment. When the LCPA was heard by the Coastal Commission,
the specific plan became the land use plan and implementing ordinance for this section of the
Mello I1 Segment. The LCPA was approved with modifications in three areas: viewsheds,
pedestrian accessibility, and protection of the vernal pools. The proposed project complies with
these modifications in the following manner:
Does not apply to PA 8
Does not apply to PA 8
Yes
Yes
The proposed project is consistent with the LCP because it is in compliance with the required
Coastal Commission Modifications listed above, with the General Plan policies outlined in
Section A above and with the Specific Plan standards addressed in Section C below. In
addition, the project has been conditioned to pay an Agricultural Conversion Mitigation Fee,
consistent with the Coastal Agricultural Overlay Zone of the LCP.
C. POINSETTIA PROPERTIES SPECIFIC PLAN/PLANNIED DEVELOPMENT
The Poinsettia Properties Specific Plan (SP 210) provides a framework for the development of
the vacant properties within the specific plan area to ensure the logical and efficient provision of
public facilities and community amenities for future residents. A Planned Development Permit
is also required with the project and, in conjunction with the tentative map, provides a method to
approve the separate ownership of the detached air space condominiums located on the one
common lot. The proposed development within Planning Area 8 meets or exceeds all applicable
requirements of the specific plan (including the focus on a pedestrian-oriented development) and
all requirements of the planned development ordinance, as demonstrated in Table 2 below:
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April 7,1999
Page 5
Standard
Density (SP)
Product Type
(SP)
Lot Size (SP)
Setbacks (SP):
Building
Height (SP)
Lot Coverage
RV Storage
(PD)
Resident
Parking (PD)
Storage Space
(PD)
Recreation Space
Private (PD) Common
Table 2: Specific Plan /Planned Development
Requirement
Maximum of 123 single-family detached units
Single family detached
Minimum of 3,500 sq. ft. exclusive use area
Setbacks:
Poinsettia Lane:
l 40’ not including any private yards
Ponto Road:
l Front yard - 20’
l Side yard - 10’
l Rear yard - 10’
Individual Lots
l Front: 10-20’ with 15’ average. Porches and
side-loaded garages may be located 10’ from
front property line.
l Side: 5’ with 12’ average between buildings
l Rear: 10’ with private side or rear yard of 15’ x
15’
Bldg Height: 30’ and 2 stories if a min. roof pitch of
3: 12 is provided or 24’ and two stories if less than a
3:12 roof pitch is provided. City Council would be
inclined to review favorably a maximum height of ?L,
Maximum 50% lot coverage
2,240 sq. ft. (200 sq. ft./unit)
2 full-sized covered spaces/du
392 cfldu
200 sq. ft. per dwelling
kdinance
Compliance
112 units at 6.74 du/ac
Single family detached
Air space ownership (3,503 -
5,583 sq. ft.; 3,941 average sq. ft
exclusive use area)
40’
20’
10’
10’
Livable space on all units is 15’
from front property line. All
units have porches 10’ from
front property line
5 ’ minimum side yard with
12.3’ average distance between
structures at street.
10’ with private side or rear
yard of 15’ x 15’
25 -26’
42%
5,790 sq. ft.
2-car garages
Provided within individual
garages
15 x 15’ rear yard
Grass volleyball, grass bad-
minton, tot lot, picnic tables
barbecues, gazebos, sculpture area, benches, and lawn-
bowling, and open turf
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April 7,1999
Page 6
Standard Requirement Compliance
Guest parking 31 spaces 44 on-street plus extra guest
(PD) parking available on the 55’
long driveways (61 long
driveways).
Affordable 17 units to be constructed within PA 5 of Poinsettia Provided in PA 5.
Housing (SP) Properties Specific Plan Area
Small Lot Compliance with Small Lot Architectural Guidelines See Small Lot Summary Chart, Architectural Attachment 10, indicating com-
Guidelines pliance is achieved.
(SP)
Garage l Garages offset at least 5’ from front facade Garages located 5’ - 41’ from
Location and front facade. 54% of homes
Design (SP) have garages located more than
40’ from the street.
l Garage doors facing street must not exceed 50% All garages are recessed from
of front facade front of structure
Architectural l Articulated building elevations. Building Off-set planes, exposed rafter
Design facades must incorporate a minimum of 4 design tails, accent windows, accent
elements wood siding, shutters, paned
windows, window boxes, wood
trim, covered balconies, wood lattice, kneebraces.
l Rear elevations exposed to public streets must be Balconies, accent windows,
architecturally enhanced wood siding, French doors,
paned windows.
100% of homes have front
l 75% of homes must have front porch or second porches
floor balcony facing street.
Special l 10,000 sq. ft. neighborhood street with some 29,688 sq. ft. with some homes Requirements: homes facing plaza. facing plazas. 213,207 total sq.
ft. of landscaped open space
l Sound walls used where necessary Bermed sound walls with
average 6’ height
l Construction of public bail on Carlsbad Conditioned to construct prior to
Boulevard prior to occupancy occupancy
l Sidewalks on both sides of the street. Sidewalks and 3’ parkways on
both sides of the streets.
l Pad elevations as low as possible while still Pad elevations at NE comer of
achieving positive sewer and water flow. Carlsbad Blvd. and Poinsettia
are approximately 12-l 8 inches
above roadway
CT 97-22/CP 9%09/CDP Y 1-55 - POINSETTIA PROPERTIES PLANNING AREA 8
. April 7,1999
Page 7
D. Subdivision Ordinance
The proposed tentative map complies with all requirements of the City’s Subdivision Ordinance.
All infrastructure improvements including frontage and project-related roadways and the
extension of existing drainage and sewer facilities will be installed concurrent with development.
Access to the site will be provided from Carlsbad Boulevard through a signalized intersection at
the southern end of the project site. The developer is required to construct full width street
improvements on Ponto Road from this intersection to the southern subdivision boundary. It is
anticipated that in the future Ponto Road will be extended to the south to Avenida Encinas.
Additionally, the project is conditioned to construct half width street to Carlsbad Boulevard
along its frontage, including curbs, gutters, sidewalk pavement for two northbound travel lanes
and a raised curbed median. The widening of Poinsettia Lane Bridge is currently under design as
a Capital Improvement Project and scheduled for construction within the next five years.
The proposed setbacks, structure separations and the design of the units will allow for adequate
air circulation and the opportunity for passive heating and cooling. The project is conditioned to
install private interior street improvements to a 36 foot width right-of-way including curbs,
gutters, parkways, sidewalks, street lights, and fire hydrants. The proposed street system is
adequate to handle the project’s pedestrian and vehicular traffic. Emergency access will be
provided at a secondary egress point at the northeastern comer of Carlsbad Boulevard and
Poinsettia Lane. The on-site drainage system will consist of a 6” diameter collector drain
running along the rear of the “lots” which will be connected to the underground drainage system;
both the collector drain and the larger drainage will be maintained by the HOA.
Grading on the subject site was raised as an issue during the public hearings for the Poinsettia
Properties Specific Plan. During the specific plan hearings, the City Council advised the
applicant to lower pad elevations as much as possible as long as positive sewer and water
drainage could be achieved. Pad heights were to match the elevations of Carlsbad Boulevard as
closely as possible. Preparing the site for development will include 54,000 cubic yards of cut
and fill earthwork leading to a balanced grading operation on site. Pad elevations at the
northwest comer of the site will be approximately one foot above the elevation of Carlsbad
Boulevard and approximately three-four feet above Carlsbad Boulevard at the southwest comer
of the site. Pad elevations have been lowered as much as possible while maintaining positive
sewer and drainage flow.
E. INCLUSIONARY HOUSING
The Poinsettia Properties Specific Plan was approved to meet its inclusionary housing require-
ments through the use of three components including: 1) a maximum of 114 affordable units in
Planning Area 5; 2) a maximum of 24 secondary units in other PAS; and, 3) 61 live-work units
(of which 9 must be rent-restricted) in Planning Area 6. Planning Area 8 is proposing to meet its
17 unit affordable obligation through the construction of affordable units in Planning Area 5.
This Planning Area was recently approved by the Planning Commission for the construction of
92 affordable apartments. This lower number of affordable units in PA 5 indicates that a lower
overall number of units will be proposed in the specific plan area than the 723 units approved by
the City Council. The proposed project in Planning Area 5 was approved (in concept with the
affordable housing agreement) by the Housing Commission on August 27, 1998. The agreement
CT 97-22/CP 98-09/CDP ~7-55 - POINSETTIA PROPERTIES PLANNING AREA 8
April 7,1999
Page 8
was subsequently approved by the City Council, therefore, the affordable housing obligation for
Planning Area 8 is considered fulfilled.
F. GROWTH MANAGEMENT
An amendment to the Local Facilities Management Plan for Zone 22 was approved concurrently
with the Poinsettia Properties Specific Plan. At that time, all facility impacts were analyzed and
it was determined that all facilities would be provided prior to or concurrent with need pursuant
to the facilities performance standards of Growth Management. Since the proposed project is
consistent with the Specific Plan in which all facilities were determined to be in compliance with
adopted performance standards, no further growth management analysis is necessary. Facility
impacts are noted on the Local Facilities Impact Assessment Form, Attachment 7.
V. ENVIRONMENTAL
The proposed project was included in the Program EIR (EIR 96-10) prepared for the Poinsettia
Properties Specific Plan. The project is still consistent with the land uses, design guidelines and
facility improvements required in the specific plan. No new impacts are anticipated as a result of
this proposal except with regard to traffic. The City’s annual Growth Management Traffic
Monitoring Report indicates an unanticipated intersection level of service failure at Palomar
Airport Road and El Camino Real during both the a.m. and p.m. peak hours. This creates a
changed circumstance necessitating a mitigation measure requiring the developer to pay his fair
share towards the short-term improvement to this intersection prior to the issuance of building
permits. With this mitigation measure in place, no further environmental documentation is
necessary; the project is considered exempt under Section 15 182 of the California Environmental
Quality Act.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12
Planning Commission Resolution No. 4526 (CT)
Planning Commission Resolution No. 4524 (CP)
Planning Commission Resolution No. 4523 (CDP)
Location Map
Background Data Sheet
Disclosure Statement
Local Facilities Impact Assessment Form
Poinsettia Properties Planning Areas
Maintenance Responsibilities
Small Architectural Guidelines Compliance Summary
Reduced Exhibits
Full Size Exhibits “A” - “EE” dated April 7, 1999
BACKGROU~ DATA SHEET
CASE NO: CT 97-22. CP 98-09. CDP 97-55
CASE NAME: Poinsettia Properties Plarmj~~a Area 8
APPLICANT: SHEA HOMES LIMITFD PARTNERSHIP. 10731 Treena Street. Ste. 200,
San Dieao. CA 9213 1
REQUEST AND LOCATION: Approval of a te&ve tractd unit development, . . and coastal development permrt to create 112 detached airspace condommrums with associated
recreation areas. etc. on 16.6 acres at the southeast comer of Carlsbad Boulevard and Poinsettia
Lane
LEGAL DESCRIPTION: Jot 3 and the & l/3 of I,ot 4 of Section 29. Township 12
-RangeWes . < <
APN: 214-150-18 Acres: J&& Proposed No. of Lots/Units: 112
GENERAJ, PJa4N ANR ZONING
Land Use Designation: &jJJ
Density Allowed: 123 Density Proposed: 112 units / 6.74 du/ac
Existing Zone: RD-M/CT Proposed Zone: NA
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Zoning
Site RD-M
d Use
RMH - vacant
North RD-M
South CT-QIRD-MQ
East RMHP
West OS
RDM-Q - vacant
RMH/TR - vacant
RM - Lakeshore Gardens
OS - ocean
PUBLIC FA(XEIES
School District: Carlsbad w Water District: &&bad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 112
Public Facilities Fee Agreement, dated: May 29. 1998
ENVJRONM.ENTAL IMPACT ASSl$S$MENT
cl Negative Declaration, issued
cl Certified Program Environmental Impact Report
lxl Other, . . Exemnt oer Section 65457 of the Cahforma Govment Code.
City of Carlsbad s
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. tit\,
municipality, district or other politicai 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 propetty owner must be
provided below.
1. 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 nartnership. include the
names. title. addresses of all individuals owning more than Id% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE 1NDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned cornoration. include the
names. titles. and addresses of the corporate offkers. (A separate page may be attached if
necessav.)
Person
Title
Address
COT/Pan Shea Homes Limited Partnership
Title
Address 10721 Treena St, Ste. 200
San Diego; CA 92131
-I -. OWNER (Not the owner’s agent) ’
Provide the COMPLETE, LEGAL names and addresses of & persons having anv 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
corporation or partnership. 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 corporation. include the names. titles. and addresses of the corporate officers. (A separate
page ma? be attached if necessary.)
Person Co~/pa~ Shea Homes Limited Partnership
Title . Title
Address Address 10721 Treena St, Ste. 200
San Diego, CA 92131
L/ 3 -r J 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-1167 * FAX (760) 438-0894 @
Disclosure Statement Attachment
Pacific Shores South - CT 97-22 / CP 98-09
Shea Homes Limited Partnership
The following individuals own more than 10% of the shares of Shea Homes
Limited Partnership:
General Partner J.F. Shea Company, inc.
Limited Partner Shea Investments
Limited Partner
I
Tahoe Partnership I
Limited Partner Balboa Partnership
Limited Partner John F. Shea, Trustee
John F. Shea Family Trust
Limited Partner Peter 0. Shea
Limited Partner Edmund H. Shea, Jr. Trustee
Edmund and Mary Shea Real
Property Trust
655 Brea Canyon Road,
Walnut, CA 91789
655 Brea Canyon Road,
Walnut, CA 91789
655 Brea Canyon Road,
Walnut, CA 91789
655 Brea Canyon Road,
Walnut, CA 91789
655 Brea Canyon Road,
Walnut, CA 91789
655 Brea Canyon Road,
Walnut, CA 91789
655 Brea Canyon Road,
Walnut, CA 91789
-
NON-PROFIT CL d.NIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organitation or a trusl. list the
names and addresses of AN)’ person serving as an offker or director of‘ the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profitrrrusr
Title Title
Address Address
3. Have you had more than $250 worth of business transacted with any member of Cit! staff.
Boards. Commissions, Committees and/or Council within the past twelve (12) months’?
cl Yes 0 x No 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.
\
Signature oT&wdate
-I
Paul Barnes Paul Barnes
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 5/96
3c 5-
Page 2 of 2
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Poinsettia Properties Planning Area. CT 97&KP 9%09KDP 97-55
LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: RMH/TR
ZONING: RD-M/CT
DEVELOPER’S NAME: Shea Homes
ASSESSOR’S PARCEL NO.: 214-150-18
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 16.6 acres
City Administrative Facilities: Demand in Square Footage = 389.39 sq. ft.
Library: Demand in Square Footage = 207.67 sq ft . .
Wastewater Treatment Capacity (Calculate with J. Sewer) 112 EDU
Park: Demand in Acreage = I cres
Drainage: Demand in CFS = 50 CFS
Identify Drainage Basin = &&as Creek
Circulation: Demand in ADT = 1.120 ADT
Fire:
Open Space:
Schools:
Sewer:
Water:
Served by Fire Station No. =
Acreage Provided =
Demands in EDU
Identify Sub Basin =
Demand in GPD =
No. 4
NA
cum
112 EDU
22B
26.640 GPD
The project is 72 units below the Growth Management Dwelling unit allowance and 11
units below the Specific Plan unit allowance for PA 8.
46
Attachment 8
POINSETTIA PROPERTIES
Attachment 9 Poins+ia Properties Plannin- Qrea 8
PACIFIC ShdRES SOUTH - CT 97/22\d)/CP 98-09
STORM DRAIN PIPE TO BE MAINTAIN
BY HOME OWNERS ASSOCIATION
ICURB LINE
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REsPoN!muTT AREA
HWEOWER ASSOCIATION yl$EwlcE REsPmlsIBILv
DETAIL - MAINTENANCE RESPONSIBUTY
TTACHMENT 10
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EXHIBIT 6
8. CT 97-22/CP 98-09/CDP 97-55 - POlNSElTlA PROPERTIES PLANNING AREA 8 - Request for
a recommendation of approval of a Tentative Tract Map, Condominium Permit, and Coastal
Development Permit to subdivide a 16.6 acre parcel for the development of 112 single family,
detached, airspace condominiums at the southeast corner of Carlsbad Boulevard and Poinsettia
Lane.
Chairperson Heineman asked the applicant if he had any objection to having this item heard by less than
a full Commission. The applicants representative, Mike Howes, stated that he had no objections.
Assistant Planning Director, Gary Wayne introduced the item and announced that the Commission’s
action is not final and will be forward to the City Council for its consideration.
Commissioner L’Heureux excused herself from hearing this item, citing a perceived conflict of interest in
that her husband is the attorney for Hofman Planning Associates.
ln the absence of Principal Planner, Adrienne Landers, Mr. Wayne described the project and presented
the staff report as follows: this project is a request for a Tentative Tract Map, a Condominium Permit, and
a Ch%stal Development Plan to construct 112 airspace condominiums. The project site is located at the
inkkS&iOn of Poinsettia Lane and Carlsbad Boulevard and is bounded by Carlsbad Boulevard to the
west, Poinsettia Lane to the south and the Railroad Station to the east. The site is approximately 16.5
aCreS and is part of the Poinsettia Properties Specific Plan. This site is also in Planning Area 8. This
Specific Plan was approved as a transit oriented development, meaning that the development within this
Plan should have a strong pedestrian focus and encourage the use of the rail station adjacent to Planning
Area 6. This Commission has previously considered an affordable housing project, for the entire Specific
Plan, in Planning Area 5 which will be heard by the City Council within the next two weeks. Planning Area
1 is a commercial area, as is Planning Area 6, and is a requirement of the California Coastal Commission
to include Tourist Serving Commercial, approximately at the above described intersection. Planning Area
1 is approximately 2 acres in size and would not be available for a large commercial development. There
have been some proposals for hotels but nothing has been applied for. Single family, detached product is
being proposed for this site, but with a condominium type ownership. It has a General Plan designation of
RMH which is 8 to 16 dwelling units per acre with a growth control point of 11.5. The Site is within the
MINUTES 67
PLANNING COMMISSION April 7, 1999 Page 12
Mello II Segment of the Local Coastal Program and is one of the segments where the City has permit
jurisdiction. Therefore, one of the actions before this Commission is action on a Coastal Development
Permit. It is also within the boundaries of Specific Plan No. 210, under Planning Area 8 and all of the
guidelines in the Specific Plan and the rules and regulations within that Specific Plan pertain to this site.
The Specific Plan would allow 123 dwelling units, maximum, and it does call for a pedestrian focus and
single family type dwelling units. The project features a proposed 112 units (below the 123 units allowed
by the Specific Plan) and each unit will have a maximum height of 26 feet and will be 2-story structures.
The 26 foot maximum height was encouraged by the City Council because of the potential for
preservation of views to the ocean. The architectural style is reminiscent of “beach cottage” with a motif
accented with wood siding, shutters, wooden porch railings, paned windows, and other types of
compatible materials. All homes will have either a front porch or a second story front balcony area. Each
home will have a 2-car garage which will be recessed from 5 feet to over 40 feet from the front of the
house. All driveways will be 20 feet long which will aid in providing off-street parking for the development.
Some of the units will have Pasadena driveways, meaning the driveways have a turf strip between 2
concrete linear paths for the wheels of the vehicles, This type of driveway decreases the amount of
paving required and allows for essentially more green grass which produces more oxygen, more ground
filtration, etc. The project will be served by private streets which will be 36 feet wide with parking on both
sides. An abundance of guest parking will also be provided; far more than is required. Each home will
have a minimum of a 15x15 private rear yard in an exclusive use area and there will be ample passive
and active recreational opportunities available within 4 neighborhood plazas. These plazas will consist of
trellises, volleyball courts, swimming pool, badminton court, tot lots, and open turf areas, all of which
creates a strong pedestrian focus and encourages the residents to walk within the community. There will
also be traffic calming devices to encourage pedestrian movement.
The project requires RV storage and it will be providing slightly more than double the requirement for such
storage. The requirement is 2,200 square feet of storage and this project will provide approximately 6,000
square feet of storage. This storage area will be located at the southeast corner of the project. This
project will be developed as an airspace condominium and the 112 units will be detached, single family
homes with a defined exclusive use area. Each homeowner will maintain the structure, and side and rear
yards, while the Homeowners Association will maintain all of the front yards as well as the streets, utilities,
the common areas, and the slopes. Each exclusive use area will be a minimum of 3,500 square feet
which meets the requirements of the Planned Development Ordinance and the Specific Plan. The
relevant policies that pertain to this project are as follows: The project is consistent with the density for the
Planning Area (123 units allowed, 112 units proposed) at 6.7 units per acre, which is far below the growth
control point of 11.5. The project would have a requirement for 17 inclusionary affordable housing units
and these will be provided in Planning Area 5. The project adheres to all of the required setbacks for the
Planned Development and Specific Plan. (These are setbacks from the major arterials of Carlsbad
Boulevard and Poinsettia Lane, as well as the internal setbacks between the structures.) The project
therefore complies with not only the City’s Planned Development Ordinance, but also the City’s
subdivision ordinance. Balanced grading will be conducted (the amount of cut will match the amount of
fill) and there is also going to be a provision of emergency egress onto Carlsbad Boulevard, near
Poinsettia, located at the northwest corner of the site. The only impact, with respect to the LCP, is that
this property is designated agricultural land within the Coastal Zone. Therefore there is a requirement for
the project to pay a mitigation fee for the conversion to urban uses. There are no other coastal resources
on the project and therefore complies with all of the LCP requirements. It should be noted that the
Commission’s action on these items are advisory and the City Council will be considering this project in
approximately 30 days to 45 days. Also, an errata sheet has been submitted and staff recommends
approval of the items contained therein.
Referring to Resolution No. 4526, Page 13, No. 51C, Commissioner Compas asked if the northern
terminus of Ponto Drive is within this project and if not, why is this project being required to remove the
existing northbound ramp from Ponto Drive to Carlsbad Boulevard and install a cul-de-sac bulb at the
northern terminus of Ponto Drive
Mr. Wojcik replied that the terminus is not within this project but because the improvements they are
providing to Carlsbad Boulevard (to the south) will impact the Ponto on-ramp it will necessitate a cul-de-
sac to be constructed.
Commissioner Compas asked if the owner of the property adjacent to this project site is in agreement with
MINUTES b 8
PLANNING COMMISSION April 7, 1999 Page 13
the City’s plan to close that ramp.
Mr. Wojcik replied that the owners of that property do not agree. However, they were notified when the
Specific Plan was brought forward and the City received no response. Mr. Wojcik stated he did not recall
if they were present for the hearing on the Specific Plan.
Mr. Wayne interjected to state that the owner was present and made his objections known at that time.
Commissioner Compas asked if the City would proceed despite those objections.
Mr. Wojcik replied that the City will proceed because it is anticipated that the whole area will re-develop
and with re-development the Engineering Department intends to re-arrange the circulation in that area so
that they won’t have to use that portion of Ponto Drive.
Mike Howes, Hofman Planning Associates, 5900 Pasteur Court, #lOO, Carlsbad, stated their concurrence
with staffs presentation and commented as follows: This project has been designed in accordance with
the requirements and goals of the Poinsettia Properties Specific Plan, to create a pedestrian/transit
oriented beach community in close proximity to the Poinsettia Commuter Rail Station. This has been
accomplished through a number of design features including small pedestrian oriented streets with many
trees throughout the project. 75% of the trees, at maturity, will form a canopy over the streets and
sidewalks. There will be enhanced paving at the street intersections along with planter islands which will
be used as traffic calming devices on the interior streets. Each home will have either a front porch or a
second-story balcony at the front. The street scene will not be dominated by garages as the garages will
all be recessed from 5 feet to 40 feet from the front of the houses and will provide additional guest
parking. Pasadena driveways will also be used in approximately 50% of the homes. There will be a wide
variety of both active and passive recreation facilities. In addition, homes will be within walking distance
to the beach and the Commuter Rail Station. Many of the features that are in incorporated in this project
are planning concepts that staff and members of the development community have talked about for many
years. Recently there have been many articles in planning journals, as well as newspapers and Time
Magazine, about new pedestrian oriented communities. This project will have a much softer look that
those that have been approved in the past few decades. The applicant has read, and conceptually
concurs with, the conditions on the errata sheet. However, they will continue to meet with the City to
further discuss the scope of work required by the developer for their share of the Carlsbad Boulevard
improvements for the Specific Plan and it is hoped that all of the questions will be resolved in the next few
weeks. The applicant conceptually agrees with Condition No. 53 for the payment of fees for the
improvement of the intersection of Palomar Airport Road/El Camino Real, but have concerns as to what
those costs will be. As with the Ranch0 Carrillo Project, the applicant will be in attendance at the City
Council meeting on April 13, 1999, to see how the cost of these improvements will be distributed. The
applicant wishes to go on record by stating that less than 2% of the traffic generated by this project will
impact Palomar Airport Road. Regarding schools, this project will be served by the Carlsbad Unified
School District and most of the elementary school children will attend Pacific Rim Elementary School, now
under construction and due to open in September, 1999. This project will generate 29 elementary
students, 7.6 middle school students, and 16.8 high school students, for a total of 54 students.
Commissioner Segall asked if this is Doug Avis’ project.
Mr. Howes replied that Mr. Avis was originally involved with the overall Specific Plan but this project is
being proposed by Shea Homes.
Commissioner Segall took this time to commend the plans for the transit oriented focus and the
uniqueness of design and stated that he is happy it is in Carlsbad.
Calling attention to Construction Defect Litigation and the fact that more and more builders are getting out
of building condominiums, Commissioner Segall asked if the applicant is comfortable with having a
common drainage system that will be turned over to the Master Homeowners Association and if they
expect to have any problems occur as a result.
Mr. Howes replied that the applicant feels this will be a very successful project and do not expect any
problems such as those mentioned by the Commissioner.
MINUTES b 9
PLANNING COMMISSION April 7, 1999 Page 14
Commissioner Segall asked if the gate at the northeast (?) corner of the project (originally intended as
access to the trail system) will be sealed off completely until such time as the trail is opened.
Mr. Howes replied that the gate will be sealed until the trail is opened.
Commissioner Segall asked if the appropriate equipment to shield and preserve the sprinkler heads
imbedded in the Pasadena driveways will be provided with the purchase of the home.
Mr. Howes replied that those safeguards will be installed and will be commonly maintained by the Master
Homeowners Association.
Referring to the plans, Commissioner Segall called attention to the homes fronting on Carlsbad Boulevard
and asked if they will all have a view of the ocean.
Mr. Howes replied that the view will depend upon how tall the trees are in the campground across
Carlsbad Boulevard.
Commissioner Segall stated that it appears that all of the master bedrooms will be at the front of the
houses, and asked if there are any plans to change that and have some of the master bedrooms face the
rear and the ocean.
Paul Barnes, Shea Homes, stated that their goal is not to change the architecture and they do not see
much opportunity for views. There will, however, be spot views towards the ocean.
Commissioner Segall asked when they intend to break ground and also when they expect the project to
be completed.
Mr. Barnes replied that they intend to begin grading, late this summer, and the goal will be to start the
sales program in April, 2000.
Commissioner Compas asked how far the residents of this particular project will have to walk to the
Commuter Rail Station.
Mr. Howes replied that from the extreme south end of the project, the distance to the station is
approximately 0.5 miles and the terrain is flat. He added that there are going to be bike lockers at the rail
station and a bike can cover that distance in a very short time.
Commissioner Compas asked Mr. Howes to state the use of the access at the northwest corner of the
site.
Mr. Howes replied that that is an emergency access only but will also have a pedestrian gate.
Commissioner Compas asked what the intended pricing will be.
Mr. Barnes stated that they foresee the prices to be in the high $300,000 range.
Commissioner Segall asked if both the gate at the northwest corner and the gate at the northeast (?)
corner of the site will have key locks.
Mr. Barnes replied that the gates giving access to the trail system outside the project, will have controlled
access, and homeowners will be given a key(s).
Referring to Planning Area 1, Commissioner Compas asked if the applicant feels that the residents of
Planning Area 5 will use whatever commercial entity is ultimately built there.
Mr. Barnes replied that it will depend on what is eventually built. It there are hotels it would probably not
be actively used by the adjacent residents. If there are commercial applications, then they would probably
use them.
MINUTES 70
PLANNING COMMISSION April 7, 1999
.
Page 15
Commissioner Savary asked for an assurance that there will be fences separating the side yards as well
as the back yards.
Mr. Howes and Mr. Barnes assured her that there will be fences (shown in the renderings) between the
homes but not in the driveway areas.
Commissioner Compas asked if Shea Homes anticipates any other involvement with the development of
other Planning Areas in this project.
Mr. Barnes replied that Planning Area 5, within the Poinsettia Properties Specific Plan, will be Shea
Homes’ only activity at this time. He added that there is another builder that will be working in Planning
Area 7, who has an equally impressive.
Chairperson Heineman opened Public Testimony and offered the invitation to speak. Seeing no one
wishing to testify, Chairperson Heineman closed Public Testimony.
Commissioner Savary asked Mr. Wojcik to relate the time frame for the widening of the Poinsettia Lane
bridge.
Mr. Wojcik replied that that is a City project and it is moving forward with design and should be under
construction in the year 2000.
Commissioner Savary asked if the timing of the bridge will coincide with the new developments on either
side of it.
Mr. Wojcik replied that when construction on the 2 adjacent projects begin in approximately 1 year, that
will be about the time the City will be getting ready to award the contract for the bridge.
ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning
Commission Resolutions No. 4526,4524, and 4523, recommending approval of
CT 97-22, CP 98-09, and CDP 97-55, based upon the findings and subject to the
conditions contained therein, including the errata sheet dated April 7, 1999.
VOTE:
AYES:
NOES:
ABSTAIN:
4-o
Heineman, Compas, Savary, Segall
None
None
PROOF OF PUBLICATION
(2010 8 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171 349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
san Marcos
Dated at California, this 28th day
of May 1999
NORTH COUNTY TIMES
Legal Advertising
This space is for the County Clerk's Filing Stamp
NOTICE OF PUBLIC HEARING
COMPLETE DATE On* 26,1998 90 day extenmn
NOTICE OF PUBLIC HEARING
DESCRIPTION:
COMPLETE DATE: October 26, 1998 90 day extension
Request for approval of a Tentative Tract Map, Condominium Permit, and Coastal Development Permit to subdivide a 16.6
acre parcel for the development of 112 single family, detached, airspace condominiums.
LOCATION: This project is within the City of Carlsbad’s Coastal Zone located at the southeast comer of the intersection of Carlsbad
Boulevard and Poinsettia Lane.
ASSESOR’S PARCEL NUMBER:
214-150-18
APPLICANT:
UCD Homes
11512ElCaminoRea1,Ste. 110
San Diego, CA 92130
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 June 8, 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 June 4, 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 Pahnas Drive, Carlsbad, California 92009, (760) 438- 116 1, extension 445 1.
APPEALS
The time within which you may judicially challenge Tentative Tract Map, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map, Condominium 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 at, or prior to, the public hearing.
1. Anneals 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:
OThis site is located within the Coastal Zone Appealable Area.
Wl%is site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be tiled 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 FILE: CT 97-22fCP 98-09KDP 97-55
CASE NAME: POINSETTIA PROPERTIES PA 8
PUBLISH: MAY 28,1999
POINSETTIA PROPERTIES
P.A. 8
CT 979221CP 98=09/CDP 97-55 -
- -- - !
.r
i CA COASTAL COMMISSION
STE 200
3111 CAMINO DEL RIO NO
SAN DIEGO CA 92108-I 725
REGIONAL WATER QUALITY 8RD
STE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CITY OF CARLSBAD
COMMUNITY SERVICES DEPT
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SAN DIEGO CA 92123
a SANDAG
j STE 800
’ 401 BST
j SAN DIEGO CA 92101
CARLSBAD UNIFIED SCHOOL DIST
801 PINE ST
CARLSBAD CA 92008
CITY OF CARLSBAD
ENGINEERING DEPT
CA DEPT OF FISH & GAME
STE 50
330 GOLDENSHORE DR
LONG BEACH CA 90802
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
US FISH & WILDLIFE SERVICES
2730 LOKER AVE WEST
CARLSBAD CA 92008
CITY OF CARLSBAD
WATER DISTRICT
CITY OF CARLSBAD
PROJECT PLANNER
ADRIENNE LANDERS
POINSETTIA INVESTORS L
515 S FIGUEROA ST
LOS ANGELES C 90071-3301
KENNETH K & SOPHIE WANG 4433 CONVOY ST H SAN DIEGO CA 92111-3736
MEHRAN MAZDYASNI 3335 LOWER RIDGE RD SAN DIEGO CA 92130-1816
MARK L LEIDER PONTO STORAGE INC 461 MAWMAN AVIS POBOX23 LAKE BLUFF IL 60044-2424 CARLSBAD CA 92018-0023
LAKESHORE GARDENS PROPE 10780 SANTA MONICA BLVD LOS ANGELES C 90025-4749
*** 17 Printed ***
HSL & BP & MICHAN LP UDC HOMES B G PONSEGGI
STE 210 STE 110 6947 WHITECAP DR
5055 AVENIDA ENCINAS 11512 EL CAMINO REAL CARLSBAD CA 92009-3447
CARLSBAD CA 92008 SAN DIEGO CA 92130
THOMAS 6 JANET MASS 2851 TORRY CT CARLSBAD CA 92009
- Sally Lyons 7019-Lavendar Way Carlsbad, CA 92009
Kent Schnoeker 6880 Seaspray Lane Carlsbad, CA 92009
-
(Form A)
TO: C1'T.Y CLERK'S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notide
CT g7-22/cp gS-Og/CDP 97-55 - POINSETTIA PROPERTIES PA 8
for a public hearing before the City Council.
Please notice the item for the council meeting of JUNE 1, 1999
Thank you.
May 10, 1999
Date
- FILE CQpy
City of Carlsbad
NOTICE OF J’UBJ IJc J-I&UUE
COMPLETE DATE: October 26,1991( w
@ay- extension
DESCRIPTION:
Request for a recommendation of approval of a Tentative Tract Map, Condominium
Permit, and Coastal Development Permit to subdivide a 16.6 acre parcel for the
development of 112 single family, detached, airspace condominiums.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone at: southeast comer of
Carlsbad Boulevard and Poinsettia Lane.
ASSESSOR’S PARCEL NUMBER:
214-150-18
APPLICANT:
UDC Homes
115 12 El Camino Real, Ste. 110
San Diego, CA 92 130
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 April 7, 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 1, 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-l 161, extension 4451.
. . .
2075 La Palmas Dr. - Cartsbad, CA 92009-l 576 l (760) 438-l 161 * FAX (760) 438-0894
,.* - -4 .a f
.* -
.__’ : *
i
APPEALS
The time within which you may judicially challenge this Tentative Tract Map, Condominium
Permit, and Coastal Development Permit, if approved, is established by state law and/or city
ordinance, and is very short. If you challenge the Tentative Tract Map, Condominium Permit,
and 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 prior to the public hearing.
1. Deals to the Crtv 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:
/J This site is located within the Coastal Zone Appealable Area. q This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3111 Camino De1 Rio North, Suite 200, San Diego, California
92108-1725.
CASE FILE: CT 97-22KP 98-09KDP 97-55
CASE NAME: POINSETTIA PROPERTIES PA 8
PUBLISH: MARCH 25,1999
City
June 18,1999
Shea Homes
10721 Treena St., Suite 200
San Diego, CA 92131
qbD~NDUM TO EIR 9Si;iENTAilVE IViAP FOR CT §7-2243~ : : :’
CP 984j1CqP $7-55 POINSETTIA PpOeERTlES PLANNING AREA 8 .‘. .* ’
Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No.
15,253 and Resolution No. 99-210. These documents went before the City
Council on June 8, 1999, where the Resolution was adopted, approving the
project referenced above.
If you have questions concerning the quitclaim please contact Adrienne Landers, in the Planning Department at (760) 438-l 161 ext. 4451.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive l Carlsbad, CA 92008-l 989 * (760) 434-2808 @