HomeMy WebLinkAbout1999-08-03; City Council; 15340; Poinsettia Properties Planning Area 7h -
CITY OF CARLSBAD -AGENDA BILL ,
AB# 1?3q0 m: DEPT. HD.
MTG. B/3/99 POINSETTIA PROPERTIES PLANNING AREA 7 CITY ATTY. !i!ii% l
CT 99-02/CP 99-02/CDP 99-03
DEPT. PLN ‘& CITY MGR *
RECOMMENDED ACTION:
99-236 That the City Council ADOPT Resolution No. , APPROVING CT 99-02KP 99-02/CDP 99-03 as recommended for approval by the Planning Commission.
ITEM EXPLANATION:
On July 7, 1999, the Planning Commission conducted a public hearing to review the Poinsettia
Properties Planning Area 7 (PA 7) project located at the northeast corner of Carlsbad Boulevard and
Poinsettia Lane in the RD-M Zone and in Local Facilities Management Zone 22. The Planning
Commission recommended approval (7-O) to permit the subdivision of an 18.7 acre parcel for the
development of 117 single family, detached, airspace condominiums including associated recreation and
RV storage facilities.
The project features a unique site design with a 1.5 acre lineal park running through the center of the
site. Over 50% of the homes have rear yards which abut the park. Each of the proposed homes will
have an exclusive use area ranging in size from 3,634 to 6,926 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 23.5 feet; providing 75 percent canopy trees; and ensuring pad elevations at the
southwest corner of the site are at approximately the same elevation as Carlsbad Boulevard and
approximately 3 feet above the street at the northwest corner of the site. The elevations have been
lowered as much as possible while maintaining positive sewer and drainage flows.
The Council has also raised concerns in the past regarding the number of access points to residential
developments. The project provides two access points to the gated development. The primary entrance
from Carlsbad Boulevard is located near the northwest end of the site and a second “resident only”
access from Poinsettia Lane is located near the southeast end of the site.
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 7 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. In addition to the statement of support by the project applicant, there were two comments
made by the public. Mr. Jed Robinson, master lease holder of Lanikai Lanes Mobile Home Park, made a
comment regarding the existing access and that he was unhappy with the new access point to Lanikai
Lanes which will be constructed as part of the PA 7 development proposal. Mrs. Leslie Tanner,
representing Lanikai Lanes Homeowners Association, made a statement of support for the project. The
public testimony is included in the attached Planning Commission Meeting Minutes.
The Planning Commission added a condition to the project requiring installation of a private trail and
security gate at the northeast corner of the site which would connect with the North County Transit
District trail. The Commissioners also indicated that they desired to have a private pedestrian entrance
point near the southeast corner of the site to connect to Poinsettia Lane. Staff stated that it would be
difficult to install a gate and walkway at this point without compromising some aspect of the plan because
PAGE 2 OF AGENDA BILL NO. 1s. 3 Y 0
of the site layout and topography. The Commission directed staff and the applicant to explore
alternatives to achieve the desired trail. The applicant stated that they were willing to install the
northeast trail and, if possible, the southeast trail. Therefore, with the condition as noted, 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 his 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.
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, staff prepared an addendum to EIR 96-10 (EIR for Poinsettia
Properties Specific Plan) which was certified by the City Council during the June 8, 1999 review of
Planning Area 8. Because the proposed roadway improvements impacted not only PA 8 but also
included PA 1 and PA 7, the addendum addressed 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. The
technical nature of the addendum did 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
7 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* 6.3 du/ac
Special Facilities CFD No. 1
* The project is 98 units below the Growth Management Dwelling unit allowance and 62 units below the Specific Plan unit allowance for PA 7.
EXHIBITS:
1. City Council Resolution No. 99 -A? 6
2. Location Map
3. Planning Commission Resolutions No. 4583,4584 and 4585
4. Planning Commission Staff Report, dated July 7, 1999
5. Excerpts of Planning Commission Minutes, dated July 7, 1999.
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RESOLUTION NO. 99-276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A TENTATIVE MAP,
CONDOMINIUN PERMIT AND COASTAL DEVELOPMENT
PERMIT TO DEVELOP 117 AIRSPACE CONDOMINIUMS ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF CARLSBAD BOULEVARD AND POINSETTIA
LANE IN LOCAL FACILITIES MANAGMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES PA 7
CASE NO.: CT 99-02/CP 99-02/CDP 99-03
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 July 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 3rd day of
Auqust , 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 CT 99-OUCP 99-02/CDP 99-03;
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 approves Planning Commission recommendations on
CT 99-02/CP 99-02/CDP 99-03 and that the findings and conditions of the Planning
Commission as set forth in Planning Commission Resolutions No. 4583, 4584 and 4585 on file
with the City Clerk and made a part hereof by reference, are the findings and conditions of the
City.
3. This action is final the date this resolution is adopted by the City Council.
The provisions of Chapter 1 .I6 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 I. 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 3
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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 01
Carlsbad on the 3rd day of Auqust 1999, by the following vote, to wit:
AYES:council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RA
(SEAL)
-2- 4
EXHIBIT 2
POINSETTIA PROPERTIES P.A. 7
CT 99902lCP 99902lCDP 99-03
EXHIBIT 3
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PLANNING COMMISSION RESOLUTION NO. 4583
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 99-02 TO
DEVELOP 117 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
CARLSBAD BOULEVARD AND POINSETTIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETIA’ PROPERTIES PLANNING
AREA7
CASE NO.: CT 99-02
WHEREAS, Fieldstone Communities, Inc., “Developer”, has filed a verified
10 11 application with the City of Carlsbad regarding property owned by Shea Homes, LP, “Owner” 1
11 described as:
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Portions of Lots 2 and 3, and the East Half of Northeast
Quarter in 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” - “II” dated July 7, 1999 on file in the Planning Department
POINSETTIA PROPERTIES PLANNING AREA 7, CT 99-02, as provided by Title 20 of
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the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July 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
25 relating to the Tentative Tract Map.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING
AREA 7, CT 99-02, based on the following findings and subject to the following
conditions:
Findings:
1.
2.
3.
4.
5.
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 117 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 (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
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6.
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households in Planning Area 5 of the Poinsettia Properties Specific Plan thereby
fulfilling the affordable housing obligation for Planning Area 7.
That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15 182 of
the state CEQA Guidelines and Section 65457 of the California Government Code 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
32 or 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.
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
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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.
15. 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.
16. 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;
W 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;
El building heights have been reduced to a maximum of 23.5’; and
U standard City grading procedures will be implemented to ensure erosion
control and reduce sedimentation.
17. 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.
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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.
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied‘its obligation for school facilities.
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.
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Approval of CT 99-02 will deduct 117 credits from the present balance of 521
leaving a remaining number of 404 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.
4. 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.
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5.
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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 agreement to pay the public
facilities fee dated January 7, 1999, 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 office 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 99-02 is granted subject to the approval of CP 99-02 and CDP 99-03.
CT 99-02 is subject to all conditions contained in Planning Commission Resolutions
No. 4584 and 4585 for CP 99-02 and CDP 99-03.
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:
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A.
B.
C.
D.
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.
Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
Snecial Assessments Levied bv the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in 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 and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
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 “Trellis/Patio Cover and
Balcony/Deck Plan”.
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,E. 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
July 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.
F. 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, air and traffic impacts from Poinsettia Lane, Carlsbad
Boulevard, the San Diego Northern Railroad, and the Poinsettia
Commuter Rail Station.
G. The CC&Rs shall include a provision allowing a property owner access
across an adjacent property owner’s exclusive use area for the purpose of
maintaining the exterior of a structure.
14. Prior to the issuance of the first 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 Resolutions No. 4583,4584 and 4585 on
the real property owned by the Developer. Said Notice of Restriction shall note the
property description, location of the tile 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
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
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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 thriving 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 and/or addresses shall be placed on all new and existing buildings
so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
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
periodic inspections of the sales office shall be made by Planning Department staff
to ensure continued compliance with this condition. If the sales offrce is found to be
not in compliance with this condition at any time, certificate of occupancy approvals
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25. Prior to occupancy, the developer shall install the public pedestrian trail located
within the 10 foot trail easement and the trail segment which connects to the west
North County Transit District (NCTD) loading area. The developer shall
coordinate installation of the proposed improvements, including signage, with
NCTD.
26. Prior to occupancy, the developer shall construct the public trail located within the
40 foot landscape buffer on Carlsbad Boulevard.
27. Prior to occupancy, the Developer shall contruct a private trail and security gate for
pedestrain ingress and egress near the northeast corner of the site. The trail shall
connect to the public NCTD trail. The Developer shall at the southeast corner of the
site provide a private pedestrain access point and security gate to connect to the
public sidewalk on Poinsettia Lane unless the Planning Director determines that the
subject access is infeasible to construct without major project redesign. The
location and design of these trails shall be subject to the review and approval of the
Planning Director.
28. Prior to issuance of a building permit, an exterior lighting plan shall be submitted for
Planning Director approval. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
29. 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.
30. 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.
31. The Developer shall implement, or cause the implementation of, the (EIR 96-01) Project
Mitigation Monitoring and Reporting Program.
32. Paleontology:
shall be suspended by the Planning Director until compliance is achieved to the
satisfaction of the Planning Director.
A) 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.)
W A qualified paleontologist shall be present at the pre-construction meeting to
consult with the grading and excavation contractors.
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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.
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-washing 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 as a public trail and shall be the maintenance and liability responsibility
of the Master Homeowners Association.
34. 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. 4583,4584 and 4585.
35. This project is being approved as an air space condominium. There will be no individual
ownership of land. A note to this effect shall be placed on the final map with the exact
wording to the satisfaction of the Planning Director.
Engineerinp Conditions:
NOTE: Unless specifically stated in the condition, all of the following engineering
conditions upon the approval of this proposed major subdivision must be met prior to approval of
a iina .1
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map.
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.
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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.
Rain gutters must be provided to convey roof drainage to an approved drainage course or
street to the satisfaction of the City Engineer.
The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards and shall record the following statement on the
final map (and in the CURS):
“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.”
Fees/Agreements
43. The developer shall pay all current fees and deposits required.
44. 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.
Gradine
45. 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.
46. 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
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Water Resources Control Board.
47. No grading for private improvements shall occur outside the limits of the subdivision
unless a grading or slope easement or agreement is obtained from the owners of the
affected properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the tentative map or modify the plans so grading will not occur outside the
project site in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
Dedications/Imnrovements
48.
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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.
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.
A. Prior to final map approval, documentation shall be provided to the City
Engineer demonstrating the existence of an easement to Lanikai Lane Mobile
Home Park for egress from the mobile home park on Ponto Drive.
B. Prior to final map approval, the applicant shall make an offer of dedication
to the City for the portion of Lot 2 between its northern boundary and the
southern edge of the entrance area as a public utility and access easement.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along the subdivision boundary.
Direct access rights for all lots abutting Carlsbad Boulevard and Poinsettia Lane shall
be waived on the final map, with the exception of the access points shown on the
tentative 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 notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
53. 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.
B.
C.
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E.
Improvements to Ponto Drive, consisting of a 20’ paved travel way and curb
on both sides, and joining the existing road at the northern boundary of
Planning Area 7.
Half-width street improvements and raised median along the project
frontage on Carlsbad Boulevard to major arterial standards and to the
satisfaction of the City Engineer.
Storm drain improvements within the railroad right-of-way from 120’ north
of the southern subdivision boundary and south to join the existing 78”
storm drain.
Installation of a trafftc signal at the intersection of Street “A” and Carlsbad
Boulevard.
A right turn in/out access from the existing main entrance of Lanikai Lane
Mobile Home Park to Carlsbad Boulevard.
All street improvement plans 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.
54. The City will enter into a reimbursement agreement for its share of the realignment
of the northbound lanes of 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
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intended to supersede the conditions for requirements contained in the Poinsettia
Properties Specific Plan.
55. The design of the secondary access facility on Poinsettia Lane shall be compatible
with the City’s plans for widening the Poinsettia Lane Bridge. Plans for the
secondary access facility shall be approved by the City Engineer.
56. The design of all private streets and drainage systems shall be approved by the City
Engineer. ,The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets and drainage systems shall be
inspected by the City. The standard improvement plan check and inspection fees shall be
paid prior to approval of the final map for this project.
Final Man Notes
57. 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.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
58. 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.
Water Conditions:
59. All issues associated with the land development have been agreed to by the developer to
the satisfaction of the Carlsbad Municipal Water District. No additional conditions of
approval will be required by the District.
General:
60. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Map, Condominium Permit, and Coastal Development Permit. .
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Standard Code Reminders:
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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.
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 and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
Fire hydrants and streets must be installed, approved, and operating prior to
commencement of combustible construction.
Prior to approval of water improvements, the developer must submit a street diagram
drawn to a scale of 1 inch equals 400 feet. The diagram shall be drawn on mylar and
shall depict the following: a) the locations of all streets in the project, b) street names, c)
the location of all fire hydrants, and d) all points of connection to existing streets.
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 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 July, 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HtiZMtiER
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4584
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 99-02 TO
DEVELOP 117 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
POINSETTIA LANE AND CARLSBAD BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES PLANNING
AREA7
CASE NO.: CP 99-02
WHEREAS, Fieldstone Communities, Inc., “Developer”, has filed a verified
application with the City cf Carlsbad, regarding property owned by Shea Homes, LP, “Owner”
described as:
Portions of Lots 2 and 3, and the East Half of Northeast
Quarter in 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” - “II” dated July 7, 1999, on file in the Planning
Department, POINSETTIA PROPERTIES PLANNING AREA 7, CP 99-02 as provided by
Chapter 2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July, 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:
4 That the foregoing recitations are true and correct.
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W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING
AREA 7, CP 99-02, based on the following findings and subject to the following
conditions:
Findinps:
1. 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
Poinsettia Lane); (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.
2. 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 mobile home park
development to the north and approved development within Poinsettia Properties
Planning Area 8 to the south.
3. 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.
4. 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.
5. 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 PESO NO.4584 -2- 24
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home park to the east and the proposed density of 6.3 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 Carlsbad Boulevard and “resident only” access from
Poinsettia Lane 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 trail on Carlsbad Boulevard.
Conditions:
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 99-02 is granted subject to the approval of CT 99-02 and CDP 99-03.
CP 99-02 is subject to all condition contained in Planning Commission Resolutions No.
4583 and 4585 for CT 99-02 and CDP 99-03.
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.
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO.4584 -3- 25
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PASSED, APPROVED AND ADOPTED at a regular meeting of the plannin
Commission of the City of Carlsbad, California, held on the 7th day of July 1999, by th
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H%ZMItiER
Planning Director
PC RESO NO.4584 -4- 2%
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PLANNING COMMISSION RESOLUTION NO. 4585
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
NUMBER CDP 99-03 TO DEVELOP 117 AIRSPACE CONDOS
ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF CARLSBAD BOULEVARD AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 22.
CASE NAME: POINSETTIA PROPERTIES PLANNING
AREA7
CASE NO.: CDP 99-03
WHEREAS, Fieldstone Communities, Inc., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned Shea Homes, LP, “Owner”,
described as:
Portions of Lots 2 and 3, and the East Half of Northeast
Quarter in 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 “A” - “II” dated July 7,1999, on file in the Planning
Department, POINSETTIA PROPERTIES PLANNING AREA 7, CDP 99-03, as provided by
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING
AREA 7, CDP 99-03, based on the following findings and subject to the
following conditions:
FindinPs:
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 (RDM-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.
Conditions:
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 99-03 is granted subject to the approval of CT 99-02 and CP 99-02.
CDP 99-03 is subject to conditions contained in Planning Commission Resolutions No.
4583 and 4584 for CT 99-02 and CP 99-02.
Prior to final map or the issuance of a grading permit which ever occurs first, 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.
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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 July 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
COURTNEY E. HE-Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4585 -3- 29
EXHIBIT 4 The City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION 6@-
Item No. 9 0
Application complete date: April 9, 1999
P.C. AGENDA OF: July 7, 1999 Project Planner: Barbara Kennedy
Project Engineer: Ken Quon
SUBJECT: CT 99-02/CP 99-02/CDP 99-03 - POINSETTIA PROPERTIES PLANNING
AREA 7 - Request for a recommendation of approval of a Tentative Tract Map,
Condominium Permit, and Coastal Development Permit to subdivide an 18.7 acre
parcel for the development of 117 single family, detached, airspace
condominiums at the northeast comer of Carlsbad Boulevard and Poinsettia Lane.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No.4583, 4584 and
4585 RECOMMENDING APPROVAL of CT 99-02, CP 99-02 and CDP 99-03 based on the
findings and subject to the conditions contained therein.
II. INTRODUCTION
The proposed project, Planning Area 7 (PA 7) of the Poinsettia Properties Specific Plan, is to
subdivide an 18.7 acre parcel of land to create 117 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. As designed and conditioned, the project is consistent with all
relevant City regulations and policies.
III. PROJECT DESCRIPTION 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 and a neighborhood community where residents can accomplish their daily
activities without driving. Residential neighborhoods are located within close proximity to
shopping centers and public transit. Design elements which foster a walking environment and
neighborhood interaction include: pedestrian-scale streets lined with trees to slow traffic; homes
with porches facing the street rather than garages; design details on the homes to create visual
interest; and trails, open space and sidewalks to provide pedestrian connections and
opportunities.
CT 99-02/CP 99-02/CDP 99-03 - POINSETTIA PROPERTIES PLANNXING AREA 7
July 7, 1999
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 Lanikai Mobile Home Park, on the
south by Poinsettia Lane, on the east by the San Diego Northern Railroad (SDNRR) 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 south with a long north/south knoll running down the
center of the property. In general, elevations range east-west from 61 to 64 feet along the north
end of the site with a high point along the central knoll of 70 feet; at the center of the site the
east-west elevations are 59 to 65 feet with a center high point of 71 feet; and at the south end of
the site elevations range east-west from 57 to 60 feet with the high point of the central knoll at
about 64 feet. The site also slopes up at the southeast comer of the site near the Poinsettia Lane
bridge to meet the existing street elevation at 76 feet above mean sea level. 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 179 single-family detached dwelling units. Compliance with
this requirement has been met through the proposal for 117 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 9). Front yards, 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 Exhibits K and L.
The primary entrance to the gated community is located near the north end of the site. A traffic
signal will be installed on Carlsbad Boulevard at this entry point. A second gated ingress/egress
to the project’ is located near the southeast comer of the site on Poinsettia Lane and will be
designated for residents only. The residential exclusive use lots are located along both a 36 foot
wide street (parking on both sides) and a 32 foot wide street (parking on one side). The site plan
is unique in that it features a linear park in the center of the project site which nearly spans the
length of the property. Rear yards of over 50% of the residences abut this open space area which
contains both passive and active use areas. Proposed exclusive use area sizes range from 3,634
to 6,924 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 between the street and sidewalk foster a sense of security for
pedestrians by separating pedestrians from the roadway. To further enhance the pedestrian 31
CT 99-02KP 99-02/CDP 9Y-03 - POINSETTIA PROPERTIES PLANNING AREA 7
July 7, 1999
Page 3
experience while simultaneously mitigating the impacts of the automobile, tree-lined streets are
featured throughout the development along with center planter islands and textured crosswalks
that 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, garages on 50% of the units are
located at the rear of the property away from the socially active streetscape. The driveway
approaches on these units 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 these architectural styles which are included in the proposed
project include painted or stained wood siding; lattice; board and battens; wooden shutters;
comer trim boards; knee braces; wooden porch columns, railings and walls; exposed rafter tails;
divided light windows; and gable end and eave details.
All homes feature front porches with at least 5 feet of useable area and some feature second story
balconies. Garages (many with Pasadena driveways) are recessed 5 to 50 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. The centrally-located linear park will provide a variety
of passive and active recreational opportunities for residents to meet and gather. The primary
park entrance features a formal gathering area with arbors, seat walls, and a central fountain
which is adjacent to a large tot lot play area. The 1.5 acre park includes numerous benches,
tables, and barbecue/picnic areas as well as active recreation facilities for the residents including
a bocci ball/lawn bowling area, a turf volleyball court, a small basketball court, and a putting
green.
The project site is surrounded on the south and west by 40’ wide landscape buffers. A
meandering sidewalk runs the length of the property along Carlsbad Boulevard and is accented
with landscaped mounds and several benches for pedestrian usage. The landscape buffers exhibit
an informal planting design featuring California Fan Palms, broad-headed canopy trees, and turf
areas which undulate between massed plantings of colorful shrubs and groundcovers. Required
noise walls wrap around the east, south, and west sides of the development. The relative height
of these walls will be diminished in part by landscaped mounds located against the walls. The
walls facing Carlsbad Boulevard and Poinsettia Lane will also feature an 18” offset between
sections to provide additional interest along the streetscape. A 10 foot wide trail
easement/landscape buffer is located between the north end of the project site and Lanikai
Mobile Home Park. This public pedestrian trail will provide access from Carlsbad Boulevard to
the SDNRR right-of-way. The developer has entered into an agreement with NCTD to continue
this trail northward to the west NCTD loading area.
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 was approved by the City
Council on April 13, 1999. The affordable housing agreement was approved by the Housing
Commission on August 28, 1998 and the City Council on November lo, 1998.
CT 99-02KP 99-02/CDP 9Y-03 - POINSETTIA PROPERTIES PLANNING AREA 7
July 7, 1999
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.
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 7 is Residential Medium High (RMH).
When the City Council approved the Specific Plan in 1998, it made the finding that the Plan
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 determined that if PA 7 is consistent with the Specific Plan, it is also consistent
with the General Plan.
B. MELLO II SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM
The proposed project is located within the Mello II Segment of the City’s Local Coastal Program
(LCP). When the Poinsettia Properties Specific Plan was approved, it was accompanied by a
Local Coastal Program Amendment (LCPA) to provide consistency between the specific plan,
the zoning ordinance and the Mello II 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 II 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: *
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CT 99-02/CP 99-02/CDP 99-03 - POINSETTIA PROPERTIES PLANNING AREA 7
July 7, 1999
Table 1: LCP Compliance
Modification Proposal Compliance ?
Protection of significant ocean horizon views from Existing view corridor on Yes
Interstate 5 south side of Poinsettia is
not impacted by proposed
project.
Protection of vernal pools Does not apply to PA 7 Yes
Pedestrian accessibility to proposed coastal rail trail 10 foot wide public Yes
pedestrian trail (5 foot
paved) proposed at .the north
end of the site to connect to
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/PLANNED 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 Condominium 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 7 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:
Table 2: Suecific Plan /Planned DeveloDment Ordinance
Standard Requirement
Density (SP) Maximum of 179 single-family detached units
Product Type Single family detached
(SP)
Compliance
117 units at 6.3 du/ac
Single family detached
1 Lo,t Size (SP) Minimum of 3,500 sq. ft. exclusive use area Air space ownership (3,634 -
6,926 sq. ft.; 3,936 average sq. ft
exclusive use area>
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CT 99-02KP 99-02KDP 99-03 - POINSETTIA PROPERTIES PLANNING AREA 7
July 7, 1999
Parre 6
Setbacks (SP): Setbacks:
Carlsbad Boulevard:
40’ not including any private yards 40’
Poinsettia Lane:
40’ not including any private yards 40’
Individual Lots Livable space on all units is 15’
Front: 10-20’ with 15’ average. Porches and side- from front property line. All
loaded garages may be located 10’ from front units have porches 10’ or greater
property line. from front property line
Side: 5’ with 12’ average between buildings 5’ minimum side yard with 12.5’
average distance between
structures.
Rear: 10’ with private rear yard of 15’ x 15 ’ 10’ minimum with private rear
yard of 15 ’ x 15 ’ minimum
Building Bldg Height: 30’ and 2 stories if a min. roof pitch of 23’ - 23.5’
Height (SP) 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
28’
Lot Coverage Maximum 50% lot coverage 24% of total site area, max 50%
bldg. coverage over exclusive
use areas
RV Storage 2,340 sq. ft. (200 sq. ft./unit) 4,398 sq. ft.
(PD)
Resident 2 full-sized covered spaces/du 2-car garages
Parking (PD)
Storage Space 392 cfldu Provided within individual
(W garages
Recreation 200 sq. ft. per dwelling 63,760 sq. ft. (18,490 sq. ft.
Space (23,400 sq. ft.) Active/ 45,270 sq. ft. Passive)
Private (PD) 15 x 15’ rear yard
Common Open space includes turf
volleyball, bocci ball/lawn
bowling, tot lot, putting green,
basketball court, arbors,
fountain, picnic tables,
barbecues, benches, and open
turf
suest parking 33 spaces
PD)
94 on-street plus extra guest
parking available on the 55’+
long driveways (58 long
driveways).
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Affordable 20 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 (SP) pliance is achieved.
Garage Garages offset at least 5’ from front facade Garages located 5’ - 50’ from
Location and front facade. 49.6% of homes
Design (SP) have garages located more than
60’ from the street.
Architectural
Design
Garage doors facing street must not exceed 50% of All garages are recessed from
front facade front of structure
Articulated building elevations. Building facades Off-set planes, exposed rafter
must incorporate a minimum of 4 design elements tails, accent windows, accent
wood siding, paned windows,
wood trim, front porches, wood
lattice, kneebraces.
Rear elevations exposed to public streets must be Balconles~ accent windowsy
architecturally enhanced wood siding, French doors,
paned windows.
75% of homes must have front porch or second floor 100% of homes have front
balcony facing street. porches.
Special 10,000 sq. ft. passive recreation area with some lO,OOO+ sq. ft. central plaza
Requirements: homes facing the plaza. included within a 1.5 acre lineal
park. Over 50% of homes face
the plaza or back up to the
linear park. 174,160 sq. ft. total
of landscaped open space.
Sound walls used where necessary Bermed sound walls with
average 6’ height
Construction of public trail on Carlsbad Boulevard Conditioned to construct prior to
prior to occupancy occupancy
Sidewalks on both sides of the street. 4’ sidewalks and 4.5’ parkways
on both sides of the streets.
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 the same
elevation as Carlsbad Boulevard
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.
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July 7, 1999
Page 8
The project will be conditioned to provide half-street improvements along Carlsbad Boulevard.
Under the new roadway configuration, the current northbound lanes will become southbound
lanes, and new northbound lanes will be constructed east of the existing roadway. The present
southbound roadway would be eliminated. The curbline of the new roadway would be 50 feet
from the rear property lines of the lots adjacent to the road. Access to the site will be provided
from Carlsbad Boulevard through a signalized intersection at the northern end of the project site.
A secondary ingress/egress will be provided via a “resident only” access point from Poinsettia
Lane near the southeast comer of the site. The frontage improvements along Poinsettia Lane will
be installed in conjunction with the widening of Poinsettia Lane Bridge. The bridge is a Capital
Improvement Project with construction scheduled for completion within the next year. The
applicant’s project will be conditioned to coordinate with the City for installation of the
landscape and irrigation along the street frontage.
The developer is also required to construct a right-turn in/right-turn-out access from Carlsbad
Boulevard, with appropriate deceleration lane, at the entry to the Lanikai Mobile Home Park.
Improvements to Ponto Drive, consisting of a 20 foot paved travel way and curb on both sides,
will be constructed and will join the existing road at the northern boundary of Planning Area 7.
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 for 32 and 36 foot width rights-of-way including
curbs, gutters, parkways, sidewalks, street lights, and fire hydrants. The proposed street system
is adequate to handle the project’s pedestrianand vehicular traffic. 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 44,822 cubic yards of cut
and fill earthwork and will require 16,674 cubic yards of import. Pad elevations at the southwest
comer of the site will be approximately the same elevation as Carlsbad Boulevard and
approximately three feet above Carlsbad Boulevard at the northwest 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 7 is proposing to meet its
20 unit affordable obligation through the construction of affordable%units in Planning Area 5.
This Planning Area was recently approved by the City Council on April 13, 1999 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 33
CT 99-02/CP 99-02/CDP 9%03 - POINSETTIA PROPERTIES PLANNING AREA 7
July 7, 1999
723 units approved by the City Council. The proposed project in Planning Area 5 was approved
by the Housing Commission on August 27, 1998. The agreement was subsequently approved by
the City Council, therefore, the affordable housing obligation for Planning Area 7 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. 4583(CT)
Planning Commission Resolution No. 4584(CP)
Planning Commission Resolution No. 4585 (CDP)
Location Map
Background Data Sheet
Disclosure Statement
Local Facilities Impact Assessment Form
Poinsettia Properties Planning Areas
Maintenance Responsibilities
Small Lot Architectural Guidelines Compliance Summary
Reduced Exhibits
Full Size Exhibits “A” - “II” dated July 7, 1999
AL:eh
-
BACKGROUND DATA SHEET
CASE NO: CT 99-02. CP 99-02. CDP 99-03
CASE NAME: Poinsettia Prouerties Planning Area 7
APPLICANT: FIELDSTONE COMMUNITIES. INC. 5645 Morehouse Dr.. Ste. 250, San Diego,
REQUEST AND LOCATION: ADDroval of a tentative tract man, condominium permit, and coastal
develoument permit to create 117 detached airspace condominiums with associated recreation areas, etc.
on 18.7 acres at the northeast comer of Carlsbad Boulevard and Poinsettia Lane
LEGAL DESCRIPTION: Portions of Lots 2 and 3 and the East Half of Northeast Ouarter in Section
29. Townshin 12 South. Range 4 West, San Bernardino Meridian. Citv of Carlsbad. Countv of San
Diego, State of California
APN: 214-150-17 Acres: 18.7 Proposed No. of Lots/Units: 117
GENERAL PLAN AND ZONING
Land Use Designation: RMH
Density Allowed: 179 units Density Proposed: 117 units / 6.3 du/ac
Existing Zone: RD-M Proposed Zone: NA
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements)
Zoning
Site RD-M
Land Use
RMH - vacant
North RMHP
South RD-M
East TC & RD-M-Q
West OS
RMH - Lanikai Lane Mobile
Home Park
RMH/TR - vacant
TC (SDNRR R/W)
& RM/O - vacant
OS - ocean
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 117
Public Facilities Fee Agreement, dated: Januarv 7, 1999
ENVIRONMENTAL IMPACT ASSESSMENT
0 Negative Declaration, issued
0 Certified Program Environmental Impact Report
w Other, Exemut per Section 65457 of the California Government Code and Section 15 182 of the
34
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all applications which will require ‘I
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 proiect cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, firm, co-partner&ii, joint venture, association, social club, fraternal organization, corporation, estate, tntst, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1.
3 &.
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 comoration or uattnershig. include the
names. title. addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned cornoration, include the
names. titles, and addresses of the corporate offkers. (A separate page may be attached if
necessary.)& d . . rpo on: Fieldstone Communities, ~nc. Corporaton: Fieldstone Cornmu.niues, ~nc. penonPeter M. Ochs PersbnXeith A. Johnson
Title Chairman of the Board Title Chief Executive Officer
Address 14 Corporate Plaze Address 5465 Morehouse Dr., #250
Newport Beach, CA 92660 San Diego, CA 92121
OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e.
partnership, tenants in common, non-profit. corporation. etc.). If the ownership includes a
corooration or DaRnershin, 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 may be attached if necessary.)
Person -- NA _- Carp/Part Shea Homes, LP
Title Title
Address Address10721 Treena Street, Ste. 200
San Diego, CA 92131
40
2075 Las Palmas Dr. l Carlsbad, CA 92009-1576 - (760) 438-1167 - FAX (760) 438-0894 6
3. NON-PROFIT OF- WIZATION OR TRUST
If any person identl,.c. ad pursuant to (I ) or (2) above is a nonoroA,t oreanization or a trust. list the
names and addresses of ANY person serving as an officer or director of the non-profit
organisation or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title
Address
Title
Address
4. Have you had more than $250 worth of business transacted with any member of City staff.
Boards, Commissions. Committees and/or Council within the past twelve (12) months?
0 Yes cl x No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
tion is true and correct to the best of my knowledge. I ceDc;Taz
Signature of owner/date Signature of applicant/date
u! lo+&- ; pcsut~ Wj a-c Peter M. O&s
Print or type name swner Print or type name of applicant
4$Yghii&/ ’ Y $?P
Signature of owner/appIicant’s agent if applicable/date h/date
bJe.f?lew -F+3kdu-a\ : ns5-k =f-+
Print or typdname of owner/applicant’s agent name of applicant ‘5 5hnwUw #Y
~~.ADMIN:CDUNTER’DISCLDSURE STATEMENT 598 Paqe 2 oi 2 44
n -
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 Pronerties PA 7. CT 99-02/CP 99-02/CDP 99-03 99-02
LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: RMH
ZONING: RD-M
DEVELOPER’S NAME: Fieldstone Communities. Inc.
ADDRESS: 5645 Morehouse Drive, Suite 250 San Diego. CA 92121
PHONE NO.: 619-546-8081 ASSESSOR’S PARCEL NO.: 214-150-17
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 18.7
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 406.77 sq. ft.
Library: Demand in Square Footage = 216.95 XI. ft.
Wastewater Treatment Capacity (Calculate with J. Sewer) 117 EDU
Park: Demand in Acreage = .8 1 acres
Drainage: Demand in CFS = 67 CFS
Identify Drainage Basin = Encinas Creek
Circulation: Demand in ADT = 1.170 ADT
Fire: Served by Fire Station No. = No. 4
Open Space: Acreage Provided = N/A
Schools: CUSD E=30.5/JH=8.4/HS=15.2
Sewer: Demands in EDU 117 EDU
Identify Sub Basin = 22B
Water: Demand in GPD = 25.740 GPD
The project is 98 units the Growth Management Dwelling unit allowance and 62 units
below the Specific plan unit allowance for PA 7.
POINSETTIA PROPERTIES
43
STORM DRAIN TO BE MAINTAINED / UNIT OWNER MAINTENANCE
BY HOME
LEGEND
FENCE LINE *
UNIT OWNER MAINTENANCE
RESPONSIBILITY AREA
HOMEOWNER ASSOCIA TlON
MAINTENANCE RESPONSIBILITY
AREA
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DETAIL - MAINTENANCE RESPONSIBILITY
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PLANNING COMMISSION July 7, 1999 U&FT EE:%T 5
9. CT 99-021CP 99-02/CDP 99-03 - POINSETTIA PROPERTIES PLANNING AREA 7 - Request for
a recommendation of approval of a Tentative Tract Map, Condominium Permit, and Coastal
Development Permit to subdivide an 18.7 acre parcel for the development of 117 single family,
detached, airspace condominiums at the northeast corner of Carlsbad Boulevard and Poinsettia
Lane.
Mr. Wayne announced that the Commission’s action on this item is not final and it will be forwarded to the
City Council for its consideration.
Mr. Wayne introduced Associate Planner Barbara Kennedy who presented the staff report as follows: The
project site is located at the northeast intersection of Carlsbad Boulevard and Poinsettia Lane. It is
bounded on the north by Lanikai Mobile Home Park and on the east by the San Diego Northern Railroad
right-of-way. Planning Area 7 is part of the Poinsettia Properties Specific Plan (SP 210) and the Specific
Plan was designed to create a transit oriented development near the rail station and Interstate Highway 5.
The planning areas include single-family residential in Areas 2, 4, 7, and 8. Area 3 is an open space
recreation area for Planning Areas 2 and 4. Area 5 is the affordable housing site for the entire Poinsettia
Properties project and will be developed with a 92 units apartment project. Areas 1 and 6 contain the
commercial components of the project. The site is zone RD-M (Residential-Density-Multiple) with a
General Plan designation of RMH, allowing a density of 11.5 dwelling units per acre, under Growth
Management. The site is also located within the Mello II segment of the City’s Local Coastal Program.
The project is subject to all of the development standards contained within Specific Plan No. 210, as well
as the development standards contained in the Planned Development Ordinance. Planning Area 7
allowed for medium high density, single family detached product of up to 179 units. The project
emphasizes a pedestrian focus and is within walking distance to the beach, the transit station, and
commercial uses in Planning Areas 6 and 1. The project will consist of 117 airspace condominiums within
an 18.7 acre site. Each unit will have exclusive use of the side and rear yards. The homes are two-story
with a maximum height of 23.5 feet. The homes range in size from 2,036 square feet to 2,628 square feet
and contain either 3 or 4 bedrooms. Front porches are included, as a feature for each home, and have a
depth of at least five feet. In order to minimize the appearance of garages facing the street, about 50% of
the residences have been designed with the garages set at least 60 feet back from the street. Pasadena
driveways, with grass planting strips, will be provided for at least 15% of the units. Private streets with
tree lined parkways will be located throughout the development and private recreation areas are provided
in each rear yard and will have a minimum dimension of 15’ x 15’. Common passive and active recreation
areas, for all age groups, are contained within a 1.5 acre lineal park. A recreational vehicle storage site is
also located at the southeast corner of the project. The primary access to the project will be at a new
signalized intersection near the north end of the site on Carlsbad Boulevard. A second RESIDENT ONLY,
ingress and egress point is located off Poinsettia Lane. Noise walls are located along the railroad right-of-
way, Poinsettia Lane, and Carlsbad Boulevard. 40 foot wide landscape buffers, along both Poinsettia
Lane and Carlsbad Boulevard, will provide landscape screening for the sound walls and separation
between the roads and the residences. A meandering sidewalk will be placed along Carlsbad Boulevard,
complete with benches and bus stops. The sidewalk will connect to a public pedestrian trail located at the
north end of the site. The developer is also working with NCTD to provide a trail link on the east side of
Lanikai, between the north boundary of Planning Area 7 and the west loading area at the transit station.
The park contains over 5 times the required common open space. Features of this 1.5 acre park include a
10,000 square foot plaza area with a fountain and a tot lot, where residents can gather and interact with
each other. There are many informal seating areas for picnics and barbecues. Active areas include turf
volleyball, boccie ball, lawn bowling, a putting green, and a basketball court. Homes abutting the park will
have direct access to the park through their rear yards. In addition to the main entrance to the park, there
are several secondary entrances (one at the north end and two at the south end). The project also
incorporates many pedestrian friendly design elements such as tree lined landscaped parkways, adjacent
to the street, and center medians with trees that will help to slow the traffic within the project. There will
also be enhanced paving at the projects main entrance, as well as at the entrances to the park site, and
at the street crossings which will provide visual clues to the motorists that pedestrians my be crossing at
these areas. Improvements to Carlsbad Boulevard are included as an Engineering condition of approval
for the project. This is similar to the condition that was placed on Planning Area 8 (to the south). The new
northbound lanes will be shifted to the east and will be located within the existing right-of-way area. The
h
PLANNING COMMISSION July 7, 1999 Page 17
southbound lanes will then be moved into what is currently the northbound lanes and the existing
southbound lanes will be abandoned as excess right-of-way. The developer is also required to construct a
RIGHT TURN IN/RIGHT TURN OUT access from Carlsbad Boulevard to the entry of the Lanikai Mobile
Home Park. The architectural design of the residences is reminiscent of beach cottage and craftsmen
style homes. Details include wood shingle or horizontal siding, stucco, richly colored brick or stone
accents, knee braces, wooden shutters, accent colors for trim and fascia, and a variety of divided lite
window patterns. The building elevations include offset walls, dormers, and a variety of roof planes to
provide architectural interest, especially on the front and rear elevations. Each home also features a
spacious front porch enclosed by distinctive railing and column designs. The project will be constructed
as an airspace condominium and will consist of three lots. The landscape buffers on Carlsbad Boulevard
and Poinsettia Lane make up lots 2 and 3. Lot 1 comprises the remainder of the site and consists of one
lot with individual airspace ownership of the 117 single family detached homes. The owners will have
exclusive use of the side and rear yards and will be responsible for the maintenance of the private yard
areas and their own structure. The homeowners association will maintain the streets, utility facilities,
common areas, slopes, and front yards. The project has been analyzed for consistency with applicable
policies and regulations. The Specific Plan allows development of single family homes and the proposal
results in a density of 6.3 units per acre, which is less than that permitted under the Specific Plan. The
project requires the provision of 20 affordable units which will be met through the construction of the 92
unit apartment project located within Planning Area 5. The project complies with all of the requirements of
the subdivision ordinance and provides for infrastructure improvements. Grading on the site has been
minimized and pad elevations have been lowered as much as possible while maintaining positive sewer
and drainage flow. The project meets all of the requirements of the Planned Development ordinance,
including the Small Lot Architectural Guidelines. The project is consistent with the Local Coastal Program
requirements, in that the project does not impact any view corridors, the required pedestrian trail at the
north end of the site will be provided, and the project has been conditioned to pay an agricultural
conversion mitigation fee. The project requires approval by both the Planning Commission and the City
Council and because the project meets all of the findings for approval, staff recommends that the Planning
Commission adopt the resolutions and the addendums outlined in the errata sheet.
Commissioner Segall suggested that some kind of pedestrian access, to the future rail trail, be put in so
that pedestrians who wish to walk to the commercial uses east of the project will not have to walk first to
the western boundary and then proceed east on the new pedestrian trail.
Ms. Kennedy replied that the applicant has agreed to add the access to the project and a condition can be
crafted to require same.
Commissioner L’Heureux asked if the landscaping, along Poinsettia Lane, is inside the wall, what is the
location of the public sidewalk, and does this plan take into consideration the bridge widening on
Poinsettia Lane.
Ms. Kennedy replied that the wall is at the end of the rear yards, with the landscaping on the street side of
the wall and the sidewalk meanders between the landscaping and the street. She added that the projects
sidewalks and landscaping are in alignment with the bridge widening.
Ms. Kennedy also pointed out that the errata sheet adds a provision to the CC&Rs to allow for the
maintenance of the building walls that abut an exclusive use area, so that a property owner can maintain
his (her) wall.
Mike Howes, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, Carlsbad, stated the following:
The basic design of this project is similar to the Pacific Shores Project that was recently approved in
Planning Area 8. The basic premise is to create a pedestrian/transit oriented beach community in close
proximity to the Commuter Rail Station. This has been done with a number of design features; pedestrian
scaled streets with trees between the sidewalks and streets, tree planters in the roadways, and two 15
gallon trees in front of each home. 75% of the trees will be canopy trees so in a very short time they will
mature into a canopy over the streets and sidewalks. In addition, there will be enhanced paving at the
pedestrian crossings and intersections, along with planting islands to slow down the traffic. All the homes
will have front porches and/or balconies. The street scene will not be dominated by garages as they will
59
PLANNING COMMISSION July 7, 1999 Page 18
all have a setback and half of them will be at the rear of the properties. Similar to Planning Area 8, some
of the homes will have Pasadena driveways with planters. There are a number of features in this project
that will set it apart from Pacific Shores. The units will be slightly larger, an outstanding recreation area,
the lots backing on Carlsbad Boulevard are larger and provide a better buffer from the boulevard, and
there will be a street between the homes, on the east side of the project and the railroad tracks, to further
separate them from the railroad property. This will be a gate guarded community, with two separate
access points, and the building heights will be less than 24 feet which is less than the maximum 28 feet
allowed. The developer has met twice with the Lanikai Mobile Home Park Homeowners Association to
discuss the design of the project and their proposed access and it is the developer’s understanding that
the association is in favor of this proposal.
In response to the recommendation, by Commissioner Segall, to put in a second access on the northeast
side of the project, Mr. Howes stated that he thinks it would be a good idea to do so and they will add it to
the design.
Mr. Howes stated that if the project receives the appropriate approvals from this Commission and the City
Council, the grading of the project (along with the re-alignment of Carlsbad Boulevard and construction of
the new entrance to Lanikai) will begin by September, 1999. The goal is to get the project and the re-
alignment of Carlsbad Boulevard finished before the Summer, 2000.
Commissioner Segall asked if there is also pedestrian access at the proposed vehicular access at the
southeast corner of the project.
Mr. Howes replied that they are not proposing a pedestrian access at that point.
Commissioner Segall then asked if they could put a pedestrian access there in order to make it easier for
people to walk to the commercial areas, or at least at some point nearby.
Mr. Howes replied that he is not sure if that can be done and still maintain the separation between the
street and the RV storage area and added that there is a pedestrian access at the southwest corner.
Commissioner Welshons asked if the re-alignment of Carlsbad Boulevard will only take place in front of
this project.
Mr. Howes replied that the re-alignment (at this time) will only be in front of this project but assured the
Commission that the transition from the existing boulevard to the re-aligned portion will be done according
to the City’s safety standards and will not be difficult to negotiate. He added that the Planning Department
is currently in the process of looking at a study for the possible re-alignment of the entire Carlsbad
Boulevard and that the Engineering Department saw an opportunity to do this portion now, while there are
no homes adjacent to it, thus making the overall alignment more cost effective.
Commissioner Welshons pointed out that Ms. Kennedy, in her report, stated that all of the homes will have
porches and that Mr. Howes had just stated that the homes would have either a porch or a balcony, and
asked for clarification.
Mr. Howes apologized and stated that they will all have porches.
Ms. Kennedy interjected to state that in addition to the porches, some homes will also have balconies.
Regarding the 28 foot building height restriction, Commissioner Welshons asked if the City Council had
put a restriction on the height and/or the types of the trees.
Mr. Howes replied that they did not put a restriction on the height but they did put a restriction in to require
that 75% of the trees will be canopy trees.
Commissioner Compas asked if there will be a grassy area between the porches and the sidewalk, to
which Mr. Howes responded affirmatively.
PLANNING COMMISSION July 7, 1999 Page 19
Commissioner Compas then asked what the price range will be for this project.
Mr. Howes replied that they hope to begin the pricing in the high $300,000.
Chairperson Heineman opened Public Testimony and offered the invitation to speak.
Jed Robinson, President of the South Shores Development Corporation - owners and operators of the
Lanikai Mobile Home Park, 8041 Florence, Suite 203, Downey, California, stated that the corporation and
residents support the project. However, he expressed his concern regarding the proposed new entrance
to the park and the way the suggested changes to Carlsbad Boulevard relate to the ingress and egress to
the Lanikai Lane Mobile Home Park.
In response to Commissioner Segall’s request, Mr. Robinson explained how the residents currently take
access to the mobile home park. He added that it is his understanding that the Engineering Department is
proposing to close off Ponto Drive at the north end of the Lanikai property.
Principal Planner, Adrienne Landers, stated at the time of the approval of this Specific Plan, it was
determined that the Ponto Drive access point at the north end of the Lanikai property will remain open.
Also approved in the Specific Plan were all of the proposed access points.
Commissioner Compas asked if the future widening (re-alignment) of Carlsbad Boulevard will change
anything for the Lanikai Lane Mobile Home Park to which Ms. Landers replied negatively.
Leslie Tanner, representing the home owners association of the Lanikai Mobile Home Park, stated that the
association members support this project and are anxious for the developer to receive the necessary
approvals so that they can get this project completed. She stated that, currently, there are ingress and
egress problems connected with the LaCosta Downs development and the park residents are looking
forward to having all the construction completed as soon as possible. Ms. Tanner reminded the developer
that they had agreed to make the south end of Ponto Drive a one-way street (southbound), so as to
discourage its use by the residents of this new project.
In response to Ms. Tanner, Ms. Landers stated that the issue of making the subject portion of Ponto Drive
a one-way street (southbound) was in the plan.
Ms. Tanner explained that they are a family park and they are trying to ensure the safety of all of its
residents by keeping outside traffic to a minimum.
In response to Public Testimony, Mr. Howes stated that this project has been designed in accordance with
the requirements of the Specific Plan which requires the RIGHT-IN/RIGHT-OUT access to Lanikai. It has
been reviewed by the Engineering Department to make sure it meets all safety standards. Ms. Tanner is
correct, in that the project will provide a one-way exit (southbound) from Lanikai to the project property.
Seeing no one else wishing to testify, Chairperson Heineman closed Public Testimony.
Commissioner Welshons asked Mr. Howes if he will accept conditions requiring; 1) a pedestrian access to
the Commuter Rail Station trail at the northeast corner of the site, and; 2) a pedestrian access at the
southeast end of the project for pedestrians to get to the shopping area.
Mr. Howes replied that they have no problem with the northeast access but that the southeast access may
present a problem.
Commissioner Welshons pointed out that this could be a safety issue as well as a convenience issue, in
that there should be some way for people to exit the project, on foot, in case of an emergency.
Mr. Howes again pointed out that there is a pedestrian access at the southwest corner of the project.
PLANNING COMMISSION July 7, 1999 Page 20
RECESS:
Chairperson Heineman declared a short recess at 9:05 p.m. The Commission reconvened at 9:12 p.m.,
with all members present.
Ms. Kennedy stated that one alternative for the construction of another pedestrian access at the southeast
corner of the project, would be lower the 2 foot berm and increase the height of the sound wall to 8 feet.
However, much of the screening materials would be lost.
Commissioner Heineman asked if the proposed alternative is acceptable to the developer, to which Mr.
Howes replied affirmatively.
Ms. Kennedy further stated that it might be possible to create some pockets in the sound wall in which
some vines or other vegetation could be planted.
Mr. Wayne suggested that this is not the venue in which to redesign this project and suggested that the
Commission allow some flexibility if they want to require this southeast access.
Commissioner Welshons asked if it would be possible to put the subject access on the east side of the
project, slightly north of the RV storage area, to enable pedestrians to access Poinsettia Lane by walking
parallel to the outside of the east wall in back of the RV storage area.
Ms. Kennedy replied that there might be some topographical difficulties with that but that it will be
examined.
Commissioner Segall asked for a response to Mr. Robinson’s concern regarding the impacts to Lanikai
with the future re-alignment of Carlsbad Boulevard, in front of the park.
Associate Engineer, Frank Jimino replied that the road would be designed at the time that the re-alignment
is studied. He added that there will be no changes to any of the accesses for Lanikai Lane Mobile Home
Park.
MAIN MOTION:
ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning
Commissioner Resolutions No. 4583, 4584, and 4585, recommending approval of
CT 99-02, CP 99-02, and CDP 99-03, based upon the findings and subject to the
conditions contained therein, including the errata sheet presented by staff.
AMENDMENT:
ACTION: Motion by Commissioner Segall, and duly seconded, to amend the main motion to
include, as a condition, to require pedestrian accesses at the northeast corner
and that the Commission also desired access in a location along the eastern
boundary, close to the southeast corner, and tied into Poinsettia Lane.
VOTE ON AMENDMENT:
VOTE:
AYES:
NOES:
7-o
Heineman, Compas, L’Heureux, Segall, Trigas, Welshons, Nielsen
None
Commissioner Welshons stated her support for a well designed, very desirable project.
Commissioner Segall also voiced his support for the project, pointing out that he favors the central linear
park concept.
PLANNING COMMISSION July 7, 1999 Page 21
Commissioner Trigas agreed that this is a good project with a good sense of community and is very much
in favor of the amendment for the two pedestrian access points on the eastern boundary of the project.
VOTE ON MAIN MOTION:
VOTE:
AYES:
NOES:
7-o
Heineman, Compas, L’Heureux, Segall, Trigas, Welshons, Nielsen
None
63
August 3,1999 Au Receive-ngerada imrn #AL.
TO: CITY C0UNCl.L
For the Information of the:
CITY COUNCIL r/ Asst.CLCA,-cc-- VIA:
FROM:
City Manager
Planning Department
SUBJECT: CT 99-02/CP 99-02/CDP 99-03 - POINSETTIA PROPERTIES PLANNING
AREA7
The attached drawings illustrate the locations for the private pedestrian trail connections
requested by the Planning Commission. The trails are located at the northeast and southeast
comers of the site. These revisions will be incorporated into the site plan for Planning Area 7, if
approved by Council.
%h &““I
BARBAlL4KENNEDY
Associate Planner
Attach:
I POINSETT; COVE -PLAhlilNG AREA 7
PEDESTRIAN ACCESS 0
NORTHEA5-T CORNER
VINE5 ON MASONRY WALL
5’ WIDE CONCRETE
PATi-WAY CONNECT5 TO
TRAIN STATION TO THE
NORTH
6’ I-tlGl-l 50UND HALL
. GROUNDCOVER PLANTING
ALONG 5LOPE
n’PICAL 5tRlJB PLANTING
OPEN 5PACE BETWEEN
RESIDENT AND
PEDE!XRIAN ACCE55 TO
TRAIN STATION
ADA ACCESSIBLE RAMP
LOCKING PEDE5TRIAN
ACCESS GATE
TYICAL ‘XREENING TREE
L ENHANCED PAUNG FOR
PEDE’FI-RIAN CRO55ING
NSETT I: GOVE - 1”LAN;;ING AREA -t
PEDESTRIAN ACCESS TO POINSEI-IIA
LANE @ 5OUTHEA5T CORNER
5OUND HALL AT
RAILROAD R.O.k’4.
5CREENING SHRUBS AT
MASONRY hIALL
RV PARKING LOT
5’ HIDE CONCRETE
PEDE5TRlAN PATt-WAY
RETAINING IWiLL PER Cl\/
6’ HIGH SOUND WALL WtTti
2’ HIGH PLEXIGLASS
PILASTER @ PEDESTRIAN
ENTRY GATE
3’ HIDE TUBULAR STEEL
PEDE5TRlAN
SjELF-LOCKING GATE
ADA ACtCESSIBLE RAMP
ENHANCED PAVING FOR
PEDE5TRIAN CROSSING
5CALE: I” = 20’43”
City of Carlsbad
August 51999
Fieldstone Communities, Inc.
5645 Morehouse Drive, Suite 250
San Diego, CA 92121
TENTATIVE MAP FOR CT 99-2 AND CP 99~2lCDP 99-3
POtNSETTlA PROPERTIES PLANNING AREA 7
Enclosed for your reference are copies of Carisbad City Council Agenda Bill No.
15,340 and Resolution No. 99-276. These documents went before the Carlsbad
City Council on August 3, 1999, where the enclosed Resolution was adopted,
approving the project referenced above.
If you have questions concerning the agreement, please call Barbara Kennedy,
in the Planning Department, at (760) 438-l 161, extension 4325.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @
PROOF OF PUBLICATION
(2010 d 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: l am over the age of eighteen
years and not a party to of 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
Trmes-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 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad.
Sofana Beach and the North County Judicial
District; that Ihe notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regufar 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.
sa!! Marco5
NORTH COUNTY TIMES
Legal Advertising
This space is for the County Clerk’s Filing Stamp
Proof of Publication of
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(Form A)
TO: C1T.Y CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materlals necessary for you to notlde
CT 99-OZ/CP 99-02/CDP 99-03 - Poinsettia Properties Planning Area 7
for a public hearing before the Clty Council.
Please notice the item for the council meeting of First Available Hearing
August 3, 1999 if possidle .
Thank you.
July 16, 1999
Date
,--_
City of Carlsbad
JVO’UCE OF PJJBJJC HEARlrNG
COMPLETE DATE: April 9,1999
DESCRIPTION:
Request for a recommendation of approval of a Tentative Tract Map, Condominium
Permit, and Coastal Development Permit to subdivide an 18.7 acre parcel for the
development of 117 single family, detached, airspace condominiums.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located at the northeast comer
of Carlsbad Boulevard and Poinsettia Lane.
ASSESSOR’S PARCEL NUMBER:
214-150-17
APPLICANT:
Hofman Planning Assoc.
5900 Pasteur Ct., Ste. 150
Carlsbad, CA 92008
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 July 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 July 1, 1999.
If you have any questions, or would like to be notified of the decision, please contact Barbara
Kennedy 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 4325.
. . .
. . .
2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 438-l 161 - FAX (760) 438-0894
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. eals to the City Co@: Where the decision is appealable to the City Council,
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project:
0 This site is located within the Coastal Zone Appealable Area. q This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3111 Camino De1 Rio North, Suite 200, San Diego, California
92108-l 725.
CASE FILE: CT 99-02KP 99-02/CDP 99-03
CASE NAME: POINSETTIA PROPERTIES P.A. 7
PUBLISH: JUNE 24,1999
NOTICE OF PUBLIC HEARING
DESCRIPTION: COMPLETE DATE: April 9,1999
Request for approval of a Tentative Tract Map, Condominium Permit, and Coastal Development Permit to subdivide an 18.7
acre parcel for the development of 117 single family, detached, airspace condominiums.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located at the northeast comer of Carlsbad Boulevard and Poinsettia
Lane.
ASSESOR’S PARCEL NUMBER:
214-150-17
APPLICANT:
Hofmarr Planning Associates 5900 Pasteur Court, Suite 150
Carlsbad, CA 92008
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 August 3, 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 July 30, 1999.
If you have any questions, or would like to be notified of the decision, please contact Barbara Kennedy 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) 438-1161, extension 4325.
APPEALS
The time within which you may judicially challenge the 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 City Clerk’s Office 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.
Wlhis site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working
days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92 108- 1725.
CASE FILE: CT 99-02/CP 99-OUCDP 99-03
CASE NAME: POINSETTIA PROPERTIES P. A. 7
PUBLISH: JULY 23,1999
POINSETTIA PROPERTIES P.A. 7
CT 999OZICP 99=02/CDP 99-03
.-
'OCCUPANT iOCCUPANT
SUITE 10 ISUITE 52 ~6550 PONTO DRIVE
CARLSBAD CA 92009 /6550 PONTO DRIVE
JARLSBAD CA 92009
/OCCUPANT
iSUITE 51
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CARLSBAD CA 92009
#’ (OCCUPANT
~SUITE 49
16550 PONTO DRIVE iCARLSBAD CA 92009
I
iOCCUPANT
SUITE 47 6550 PONTO DRIVE
'CARLSBAD CA 92009
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:SUITE 50
86550 PONTO DRIVE
/CARLSBAD cA 92009
,OCCUPANT
,SUITE 48
6550 PONTO DRIVE
CARLSBAD CA 92009
,OCCUPANT
SUITE 46 '6550 PONTO DRIVE
~CARLSBAD CA 92009
'OCCUPANT
10721 TRENNA STREET 200
SAN DIEGO CA 92131 - 1039
I I
Smooth Feed Sheet9 Use template for 5160@
CA COASTAL COMMISSION SD COUNTY PLANNING CA DEPT OF FISH & GAME
STE 200 STE B STE 50
3111 CAMINO DEL RIO NO 5201 RUFFIN RD 330 GOLDENSHORE DR
SAN DIEGO CA 92108-1725 SAN DIEGO CA 92123 LONG BEACH CA 90802
REGIONAL WATER QUALITY BRD
STE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
SANDAG
STE 800
401 BST
SAN DIEGO CA 92101
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CARLSBAD UNIFIED SCHOOL DIST
801 PINE ST
CARLSBAD CA 92008
CITY OF CARLSBAD
WATER DISTRICT
CITY OF CARLSBAD CITY OF CARLSBAD
PUBLIC WORKS/COMMUNITY SER- PUBLIC WORKS/ENGINEERING DEPT
VICES DEPT
CITY OF CARLSBAD
PROJECT PLANNER
BARBARA KENNEDY
-a &, AVERY@ Address Labels laser 5160@
/
_-
'OCCUPANT
iSUITE 24 ~6550 PONTO DRIVE
bZARLSBAD CA 92009
,-- -
'OCCUPANT
!SUITE 22
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ICARLSBAD CA 92009
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SUITE 20
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;OCCUPANT OCCUPANT SUITE 18 SUITE 17 6550 PONTO DRIVE 6550 PONTO DRIVE CARLSBAD CA 92009 CARLSBAD CA 92009
I
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SUITE 14
6550 PONTO DRIVE
CARLSBAD CA 92009
/OCCUPANT
/SUITE 12
6550 PONTO DRIVE
CARLSBAD CA 92009
OCCUPANT
,SUITE 23
6550 PONTO DRIVE
CARLSBAD CA 92009
OCCUPANT
SUITE 21
6550 PONTO DRIVE
CARLSBAD CA 92009
OCCUPANT
SUITE 19
6550 PONTO DRIVE
CARLSBAD CA 92009
OCCUPANT
SUITE 15
6550 PONTO DRIVE CARLSBAD CA 92009
OCCUPANT SUITE 13
6550 PONTO DRIVE
CARLSBAD CA 92009
I
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,SUITE 11
6550 PONTO DRIVE
CARLSBAD CA 92009
THEODORE T VALLAS 246 5TH ST ENCINITAS CA 92024-3256
LAKESHORE GARDENS PROPE 10780 SANTA MONICA BLVD LOS ANGELES C 90025-4749
*** 5 Printed ***
JED ROBINSON PRESIDENT SO SHORE DEVELOPMENT CORP
STE 203
8041 FLORENCE DOWNEY CA 90240
Sally Lyons 7019 Lavendar Way Carlsbad, CA 92009
SHEA HOMES LIMITED PART 10721 TREENA ST 200 SAN DIEGO CA 92131-1039
SOUTH CARLSBAD STATE BEACH
SAN DIEGO COAST DISTRICT
SUITE 200
9609 WAPLES ST
SAN DIEGO CA 92121
-
FIELDSTONE COMMUNITIES
STE 250 5465 MOREHOUSE DR SAN DIEGO CA 92121
Bernard Ponseggi 6947 Whitecap Drive Carlsbad, CA 92009
Kent Schnoeker 6880 Seaspray Lane Carlsbad, CA 92009
HSL & BP & MICHAN LP STE 210
5055 AVENIDA ENCINAS CARLSBAD CA 92008
FIELDSTONE COMMUNITIES
14 CORPORATE PLAZA NEWPORT BEACH CA 92660
Ponseggi and Assoc. Attn: M. F. Ponseggi 2117 Jarama Court
El Cajon, CA 92019
--