Loading...
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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-276 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 L c . c i E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 /I 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: 12 13 14 15 16 17 18 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 19 20 21 22 23 24 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 27 28 Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. 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 PC RESO NO. 4583 -2- 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ‘19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. 13. 14. 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 PC RESO NO. 4583 -3- s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. B. C. 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. PC PESO NO. 4583 -4- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 4583 -5- /O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. 13. 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: PC RESO NO. 4583 -6- /l 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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”. /I PC PESO NO. 4583 -7- 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 26 27 28 ,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 PC RESO NO. 4583 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 24. 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 PC RESO NO. 4583 -9- /4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /f -lO- /3 PC RESO NO. 4583 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33. C) W 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 36. 37. 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. PC RESO NO. 4583 -ll- Jlp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38. 39. 40. 41. 42. 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 PC RESO NO. 4583 -12- /7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 49. 50. 51. 52. 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. PC RESO NO. 4583 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 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. D. 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 PC PESO NO. 4583 -14- /9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 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. . PC RESO NO. 4583 -15- 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h Standard Code Reminders: 61. 62. 63. 64. 65. 66. 67. 68. 69. 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 PC RESO NO. 4583 -16- dl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 PC RESO NO. 4583 -17- dd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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. a3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the 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% I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the 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. PC PESO NO. 4585 -2- 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 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: * 33 - 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> 34 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). 35 CT 99-02KP 99-02/CDP 99-03 - POINSETTIA PROPERTIES PLANNING AREA 7 July 7, 1999 Page 7 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. 36 CT 99-02/CP 99-02/CDP 99-03 - POINSETTIA PROPERTIES PLANNING AREA 7 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 HOMEU WER ASSOCIA TlON MAINTENANCE RESPONSlBlLlTY AREA (TW.) DETAIL - MAINTENANCE RESPONSIBILITY NOT TO SCALE w P) .e 3 .z WI 2 s 8 & 5 0. - *PmM rrn. mms.- 20-66 d3 CO-66 c ,l, IrAW 3NlNNVld -i 0” 20-66 J.9 NV’ld ““y--%. 7-m -mmm JIflWd NL’INDWNO3 S3LM?dOXd Vl.L!j’SNlM 6 - ~---&q&z 81 i ;p i ![ i ii B ii :I f Ii §!!19t~~!1~B:g,l)~ fsiqirr qtiji k ihi iiiiii:aal iim i: :I II H-mIII)-m-.IYQ 20-66 d3 &O-66 Q ,l, VAW’ 3NlNNV7d -: 0” 20-66 J.3 - NV7d Sh’LltlildO11d VlLL3SNlOd -.y-yw=~ d - -mm JIiW3d NIlIN INWNO3 - JIO HIT a* - I I . i , > 1 I b j I 1 I ‘I - i 1 1 I! ‘: =! - 7 I i Y r 20-66 d3 CO-66 a ZO-66 Ll dVN 3AI.LVJN3.L \ Cc-mIIIImn.-.urr ‘1, V&VW 3NINNVld -: (I” ‘Y -I- ---“l--a.- .Wl.lK?dOtld VlLl3SNlod - 1m mG=d---lz 6 I-, - K =F-tiZI - .a” - -JT a#.rpru,c ,l, Ki’XY 3NlNNY7d sj’l&HdO11d VILl3SNIOd I \ I I P I b .L33HS 33s - - - *r-a--n,rr.- 20-66 d3 &O-66 \ 20-66 IllI ,l, VWV 3NlNNV’ld -: m* d VN 3AI.LVM3.L SJI&iJdO2id VILlJSNlW ~~yya.~sl. 6 ____ -1)m -m- - - - S” - I I \ t I t b I t \ t f I k : t -7 I I I I I I I I ‘I’ I I I I I I I I t I I 0 *r-a-ummms.- -66z$J6;Oi;6 c -: 0” ,l, V3XV 3NINNVld Si’LlYi’dO11d VIu!USNIOd -ytm.m! --- dVIY 3AllVDf3~ * - L- E J33HS 33s -~,q;p---“~” ,l. V3XV 3NiNNVld SiWh’dOzId VLU’SNlOd -=fi%i-i 4 -II dVN S.UdI V&ENO.3 . JII - - s-0-a a- 2 & I I 1 I I I I I I ‘I I I I I I I !I I I / a-c--a--n,-.- S37IdObld ‘1, VWV 3NlNNV7d -: m” 3JIS S31,lWdObld VI.L!3SNl&f -~z%r.=~ 6 r-m I” - P ? m-s--moLlt Irrm uu‘""5,, -s 0" SISAI-IVNV ,l, VWV 3NlNNVW S3l.W’dOZld VlLLi’SNl(M --cs-Ts-= 4 In II 7-m fdO7S d33JI.S --r*v z ,~~ ii - - t I I I I I I r I I jJ \ I 1 \ ; 8 , / .‘* 7 :0-M d3 SO-66 daLJ 20-t *,-a- - 7n mms .- ’ ,l, ViWV 3NlNNV’ld -: (1* :rY JllWiX3 2l3h03 OIUd - - - ,,,,T mw -a- /SlmE~ P X39a/ANwlvE S31J~3dO~d VlLLi’SNlOd -==i--= 4 hi U-WI - ‘I” - -u-m- 1 i b I 1 1 I I J I 1 I ii i ‘9 Y 5 I t . - T ‘I I I I I I I I I ‘I’ I I I I T I I I I t 1 I I I h. *c-m--n. -.- 9-M d3 SO-66 da3 i?O- 1 -.o* :Y lIElHX3 iMhO3 OIlVd .l, V3XV 3NlNNVld P Slrl3EJ P Xxla/ANO3lve Si’l&k’dO~d VlJ&‘SNlOd -;G-c%m~ * m, mm *-, - I==-- & u-I “‘11.4 3” - - u-r--m(\ ! Ul3HS 33s ' I I I - I I I I I I I I I I I I I I 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 -d-d~-b--&P&LL kwfl @3~nV#V?~ 9 ---a--_ _--_-----_____-_-_________ ‘i-, -‘S.G. ._ ___ Pn*adCoruormopnonPb~anl8.$& -:?- patirkk~dll7~(nYy.drnW~mmnHun I I 1 fsEeWU*-RPA7 8 -2. ,,’ fiB 1.; !‘OlNSEl?tA PRqppRnES P.A I la@wwlMfa19a ” cTaeo?weBeOa Y I (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 6550 PONTO DRIVE CARLSBAD CA 92009 #’ (OCCUPANT ~SUITE 49 16550 PONTO DRIVE iCARLSBAD CA 92009 I iOCCUPANT SUITE 47 6550 PONTO DRIVE 'CARLSBAD CA 92009 _’ ~OCCUPANT :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 16550 PONTO DRIVE ICARLSBAD CA 92009 \ - ~~ ~~- ----. -- ~- - / OCCUPANT SUITE 20 6550 PONTO DRIVE CARLSBAD CA 92009 ;OCCUPANT OCCUPANT SUITE 18 SUITE 17 6550 PONTO DRIVE 6550 PONTO DRIVE CARLSBAD CA 92009 CARLSBAD CA 92009 I ;- ~~ OCCUPANT 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 'OCCUPANT ,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 --