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HomeMy WebLinkAbout2001-07-24; City Council; 16299; Poinsettia Properties Planning Areas 2, 3, & 4CITY OF CARLSBAD -AGENDA BILL POINSETTIA PROPERTIES PLANNING AREAS 2,3, & 4 CT OO-IGIPUD Ol-Ol/SDP OO-12lCDP 00-44 & / C~TYMGR RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 8m-a3c) , APPROVING CT OO-16IPUD Ol-Ol/SDP OO- 12/ CDP 00-44 as recommended for approval by the Planning Commission. ITEM EXPLANATION: On June 20, 2001, the Planning Commission conducted a public hearing to review the Poinsettia Properties Planning Areas 2, 3, & 4 project located at the northwest corner of Avenida Encinas and Poinsettia Lane in the RD-M Zone and in Local Facilities Management Zone 22. The Planning Commission recommended approval (5-O; 5 ayes, Compass and L’Heureux absent) to permit the subdivision of a 41.6 acre site for the development of 219 single-family lots, a community recreation center, and numerous open space lots. The project features a unique site design with a 1.3 acre community recreation area centrally located to serve the proposed 219 single-family homes. In addition to the amenities within the private recreation center, the project provides numerous recreation opportunities including passive recreation parks at the north and south ends of the project, numerous pocket parks at the end of the short cul-de-sacs, and a variety of pedestrian trails located around the perimeter and through the interior of the site. Separate architectural plans are provided for Planning Areas 2 and 4; each with three basic floor plans and three different facade treatments for each floor plan. Over 80% of the homes have been designed with front porches or second-story balconies facing the street. In order to minimize the appearance of garages, 30% of the homes will have either a recessed garage or side-loaded garage (on corner lots). Each residential lot has a minimum of 3,600 sq. ft. with an average of about 4,300 sq. ft. Individual homeowners will be responsible for the maintenance of individual lots. All parks, landscape buffers, and trails will be maintained by a homeowners’ association. Affordable housing obligations have been met through the construction of the 92 unit affordable housing project in Planning Area 5 of the Specific Plan. The RV storage proposed at the southwest corner of the site will serve both planning areas. A sewer pump station will also be constructed to serve this and other developments. 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 28 feet with 50% of the homes having a building height of 26 feet or less; providing 75 percent canopy trees with a maximum height of 30 feet or less; and ensuring pad elevations are 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. In addition to the two access points on Avenida Encinas required by the Specific Plan, a third “egress only” point is located at the north end of the site with egress onto Embarcadero Way. The project will be gated to restrict vehicular traffic, however, the project has been designed and conditioned to provide unrestricted pedestrian access through the site in accordance with the Coastal Commission and Specific Plan requirements. 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 parks, plazas, and pocket parks; streets with tree-lines parkways; enhanced pedestrian access ways and trails; decorative paving at street crossings and bulb-outs at the intersections for traffic claming; and a wide variety of passive and active recreation amenities. The Poinsettia Properties Planning Areas 2, 3, & 4 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 statements of support by the project applicant and property owner, there were numerous letters from the surrounding business owners and mobile home parks supporting the project. More detailed information regarding the development proposal and public testimony is included in the attached staff report and Planning Commission minutes. I PAGE 2 OF AGENDA BILL NO. 1 b I d- ?f ENVIRONMENTAL 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 and the project is considered exempt under Section 15182 of the California Environmental Quality Act and Section 65457 of the California Government Code. 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. The applicant will be responsible for frontage improvements along Avenida Encinas and will pay their fair share of improvements on Poinsettia Lane. Development of Planning Areas 2, 3, and 4 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 PA2: 6 du/ac PA4: ll.Sdu/ac Net Density* PA 2: 5.27dulac PA 4: 5.83 du/ac Special Facilities CFD No. 1, CFD No. 3 * The project is 134 units below the Growth Management Dwelling unit allowance and 127 units below the Specific Plan unit allowance for PA 2 and 4. No dwelling units are assigned for the community recreation center in PA 3. EXHIBITS: 1. City Council Resolution No. ace\-230 2. Location Map 3. Planning Commission Resolutions No. 4997,4998,4999, and 5000 4. Planning Commission Staff Report, dated June 20, 2001 5. Excerpts of Planning Commission Minutes, dated June 20, 2001 a JULY 25,200l TO: CITY CLERK FROM: City Attorney POINSETTIA PROPERTIES PLANNING AREAS 2,3 AND 4 Attached to this memorandum, please find the original Resolution No. 2001-230 which has been revised to allow the use of individual pressure regulating valves as an alternative to a pressure reducing station. Please have this resolution, and not the resolution attached to the agenda bill executed by the Mayor. Thereafter, the resolution must be served on the Applicant by mail. Please complete your affidavit of mailing and make it part of the permanent file. I appreciate your prompt attention to this matter. 0 RONALD R. BALL City Attorney afs attachment c: Planning Director 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. 2001-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, AND COASTAL DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF AVENIDA ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22 CASE NAME: POINSETTIA PROPERTIES P. A. 2,3, & 4 CASE NO.: CT OO-lG/PUD Ol-Ol/SDP OO-12/GDP 00-44 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on June 20, 2001, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit to subdivide a 41.6 acre site for the development of 219 single-family residential lots, a Community Recreation Center, and numerous open space lots, and adopted Planning Commission Resolutions No. 4997, 4998, 4999, and 5000 recommending to the City Council that the Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 24th day of July 9 2001, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Except as expressly stated herein, the recommendation of the Planning Commission for the approval of the Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4997, 4998, 4999, and 5000 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 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 2001-230 pg 2 3. Condition No. 71 of Planning Commission Resolution No. 4997 is replaced by this condition which shall read as follows: “A developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a sewer lift station (located at proposed Lot No. 225) and pressure reducing station (located approximately at proposed lot Nos. 17, 18 and 19) required to serve the project. As an alternative, individual pressure regulating valves may be installed for each individual unit subject to approval of the City Engineer. All plans shall be prepared to the satisfaction of the City Engineer - Design.” 4. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law a traffic signal to be located at the intersection of Macadamia Avenue and Avenida Encinas. This Subdivision Improvement Agreement to install the traffic light secured with the appropriate security in the amount estimated by the City Engineer shall remain in full force and effect for five years from the date of its execution and shall be installed if, within this five year period, the City Engineer determines that warrants are met for the installation of this signal. The developer or owner shall make an irrevocable offer of dedication to the City for the right-of-way necessary to locate, operate and maintain this signal and that offer shall be made by a certificate on the final map. All land so offered shall be 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. 5. 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’ Ml “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1 .16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not latter 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, Cansbad, California 92008.” /Ill /Ill -2- 1 ; ‘; - L L s f i E s 1c 11 1: I . 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution PASSED AND ADOPTED at a regular meeting of the City Council of the City o Carlsbad on the 24th day of July , 2001, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ABSENT: None. ATTEST: ww -3- City of Carlsbad Records Management Department August 2,200l Poinsettia Properties John Laing Homes 19600 Fairchild Ste 200 h-vine CA 92612 The Carlsbad City Council has adopted Resolution No 2001-230 approving a tentative tract map, planned development permit, site development plan, and coastal development permit on property generally located at the northwest corner of Avenida Encinas and Poinsettia Lane in Local Facilities Management Zone 22. Please find enclosed a copy of Resolution No. 2001-230 for your records. It has been a pleasure to serve you. Debra Doerfler ’ c/ Senior Office Specialist Office of the City Clerk a m Postage 1 $ 1 6 Certified Fee Return Receipt Fee “0 (Endorsement Requred) 0 Restricted Delivery Fee 0 (Endorsement ReqUimdj Postmark Here 0 Total Postage &Fees 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @ +-tlo’ PW6 items 1 and/or 2 for additional services. items 3, 4a, and 4b. name and address on the reverse of this form so that we can return this ddressee’s Address fum Receipt Requested” on the mailpiece below the article number. n Receipt will show to whom the article was delivered and the date 19600 FATRCHILD STE 200 EXHIBIT 2 ‘T) -9 0 =+I Fl 0 0 m > Z POINSETTIA PROPERTIES P.A. 2, 3, & 4 CT 00=16/PUD Ol-Ol/SDP 00=12/GDP 00-44 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 EXIWT 3 PLANNING COMMISSION RESOLUTION NO. 4997 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 00-l 6 TO SUBDIVIDE 41.6 ACRES INTO 249 LOTS CONSISTING OF 219 SINGLE-FAMILY LOTS, THREE RECREATION LOTS, ONE RV STORAGE LOT, ONE SEWER PUMP STATION LOT AND 25 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF AVENIDA ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA PROPERTIES P.A: 2,3, & 4 CASE NO.: CT 00-16 WHEREAS, John Laing Homes, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by HS/BP/Michan, L.P, et al., “Owner,” described as Lots 1, 2, and 3 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13785, filed in the Office of the County Recorder of San Diego County on May 21, 1999. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - “RRRR” dated June 20, 2001, on file in the Planning Department POINSETTIA PROPERTIES P.A. 2,3, & 4 - CT 00-16, as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of June, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 P.A. 2,3, & 4 - CT 00-16, based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with the Residential Medium-High (RMH), Residential Medium (RIM), and Open Space (OS) land use designations and densities 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 findings that the plan implements the Genera1 Plan and is consistent with the goals, objectives, and policies of the General Plan. The Specific Plan provides for the following: (1) the provision of the necessary circulation element roadways and improvements (Avenida Encinas and Poinsettia Lane); (2) the protection and enhancement of the native habitat areas (off-site vernal pools); (3), the construction of a future public trail; (4) the provisions for affordable housing; (5) compliance with the Local Facilities Management Plan for Zone 22 for public facilities and services, including utility infrastructure (sewer, water, drainage) and open space; (6) implementation of the mitigation monitoring and reporting program for the SP 210 Program EIR, and, (7) payment of agricultural mitigation fees. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for RM, RMH (residential) and OS (open space) development on the General Plan, in that the land uses being called for by the approved Specific Plan (RM, RMH, and OS) 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 and community recreation facility 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 so that there are no conflicts with existing easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). PC RESO NO. 4997 -2- / 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. 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 structures are oriented in an east-west alignment for southern exposure and the proposed setbacks, structure separations and design of the units will allow for adequate air circulation and the opportunity for passive heating and cooling. That the Planning Comrnission 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 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 mitigation measures required by the Mitigation Monitoring and Reporting Program certified with Final Program EIR 96-01, as contained in Planning Commission Resolution No. 4157. That all feasible mitigation measures identified in Program EIR 96-01 which are appropriate have been incorporated into this project in that: A. B. C. D. E. F. G. H. The project has been designed to encourage pedestrian activity; The project has paid the required Agricultural Mitigation Fees; The project is protecting paleontological resources; A 100’ buffer has been provided around the off-site wetlands (vernal pool) area; Noise walls, mechanical ventilation and building construction will mitigate noise impacts in accordance with EIR 96-01; Building heights have been reduced so that 50% of the homes have building heights of 26 feet or less, and the remainder of the homes have limited use of roof elements up to 28 feet high to provide diversity within the neighborhood; A minimum of 75% of the trees proposed are canopy trees with a maximum height of 30 feet; and Standard City grading procedures will be implemented to ensure erosion control and reduce sedimentation. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the drainage requirements of SP 210, City ordinances and standards, the Mello II Segment of the Local Coastal Program, and Best Management Practices for water quality have been considered and appropriate drainage facilities have been designed as shown on the project’s exhibits. The project is conditioned to comply with all applicable National Pollution Discharge Elimination System (NPDES) requirements. PC RESO NO. 4997 -3- 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 11. 12. 13. 14. 15. . . . The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and Specific Plan 210 based on the facts set forth in the staff report dated June 20, 2001 in that the City Council approved Specific Plan 210 and made the findings that the plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. That park credits for SP 210 have already been met through an agreement with the Occidental land Company, John D. Lusk & Son, and the City on June 17, 1982 whereby the previous property owner agreed to construct Poinsettia Bridge, dedicated park land, and received park land credits for 725 units for all parcels within Specific Plan 210, including the subject parcel. Approval of CT 00-16 will deduct 219 credits from the present balance of 404 leaving a remaining number of 185 available credits. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. D. All necessary public improvements, including street frontage improvements of Avenida Encinas and Poinsettia Lane, and construction of a sewer pump station have been provided or are required as conditions of approval. 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 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 22. 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. PC RESO NO. 4997 -4- 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: I G eneral: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map. 1. If any of the following 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 Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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 Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. The Developer shall implement, or cause the implementation of, the Poinsettia Properties Specific Plan Final Program EIR Project Mitigation Monitoring and Reporting Program certified with Program EIR on January 20,199s. 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. PC RESO NO. 4997 -5- lD 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 7. 8. 9. 10. 11. 12. 13. 14. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Tentative Tract Map and Site Plan reflecting the conditions approved by the final decision making body. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 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. This approval is granted subject to the approval of PUD 01-01, SDP 00-12, and CDP OO- 44 and is subject to all conditions contained in Resolutions No. 4998,4999, and 5000 for those other approvals. This approval shall become null and void if the first building permit is not issued for this project within 24 months from the date of final map approval. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. Approval is granted for Poinsettia Properties P. A. 2, 3, & 4 - CT 00-16 as shown on Exhibits “A” - “RRRR”, dated June 20, 2001, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. Landscape 15. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. A minimum of 75% of the trees shall be canopy trees with a maximum height of 30 feet as shown on the landscape concept plan. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. PC RESO NO. 4997 -6- // 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. The final landscape plans shall incorporate contour grading of the slopes on the west side of the sound wall (facing the railroad) adjacent to the railroad open space corridor. The public trail in the corridor shall be located within 21 feet of the soundwall. Prior to approval of the landscape plans, the developer shall submit a letter from a qualified biologist stating that the landscaping and irrigation proposed within the railroad open space corridor complies with the required mitigation measures in the Program EIR and will not have a detrimental effect on the adjacent vernal pools or vernal pool watershed. 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 CURS that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. C. 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. D. Special 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 PC RESO NO. 4997 -7- /a 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. F. G. H. I. J. K. 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. Landscape Maintenance Responsibilities.’ The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit -. Balconies. trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit . 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 “Deck and Patio Cover Exhibit”. A statement to the effect that future modifications may be made to the grass planting strips in the driveways; however, if the grass is deleted it must be replaced with decorative paving subject to the approval of the HOA. A statement to the effect that porches may not be enclosed, used to support a second-story deck, or converted to livable area. Maintenance responsibilities for the common areas (to be maintained by the Homeowner’s Association) and for the private maintenance of individual residential lots shall be as delineated on the approved “Maintenance Responsibilities Exhibit, Attachment 10, to staff report dated June 20, 2001. This information shall also be shown on the detailed landscape plan and final grading plan for this project. The CC&Rs shall include a disclosure to future property owners and tenants of this property that this site may be subject to impacts as follows: 1. Noise, light, air, and traffic impacts from future development of the designated mixed use commercial site located immediately north of the subject site; PC RESO NO. 4997 -8- 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 20. 21. 22. 2. Noise, air, and traffic impacts from Interstate 5, Poinsettia Lane, Avenida Encinas, Embarcadero Way, the San Diego Northern Railroad, and the Poinsettia Commuter Rail Station; 3. Noise and odor impacts from the sewer pump station located at the southwest corner of the site and from the Encina Wastewater Treatment facility. 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 be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. This project is being approved as a planned development 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. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and/or CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 2 1.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Notice 23. The Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 24. Prior to the issuance of the Final Map, 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, Planned Development Permit, Site Development Plan, and Coastal Development Permit by Resolution(s) No. 4997, 4998, 4999, and 5000 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 25. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. 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. In addition, the sales office shall prominently PC RESO NO. 4997 -9- ,q 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 display the approved “Deck and Patio Cover Exhibit”. Prior to the issuance of a certificate of occupancy for any units, an inspection shall be made by the Planning Department staff to ensure compliance with this condition. During the course of subsequent final inspections and occupancy 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 office is found to be out of compliance with this condition at any time, certificate of occupancy approvals shall be suspended by the Planning Director until compliance is achieved. 26. 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. 27. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor and from the Commuter Rail Transit Station, and that the project may be impacted by odors from the Encina Wastewater Treatment Plan and on-site sewer pump station in a form meeting the approval of the Planning Director and City Attorney. II Onsite Conditions - Specific II 28. Paleontology: 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. B. A qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. C. 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. D. When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as complete, large, mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains II PC RESO NO. 4997 -lO- ;Jy 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 29. 30. 31. 32. 33. 34. 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. Noise barriers shall be constructed surrounding the project site and mechanical ventilation shall be required for all homes adjacent to Avenida Encinas, Poinsettia Lane, and the railroad corridor as specified in the Noise Analysis for the Poinsettia Property Report #Ol-80 prepared by Mestre Greve Associates, dated April 13,200l. Prior to issuance of a building permit, the developer shall submit a letter from the acoustical consultant stating that the project has been designed to comply with the precise recommendations of the study to attenuate exterior and interior noise levels to acceptable levels as established in the City of Carlsbad Noise Element. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including lighting in recreation and open space areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The construction of the RV storage area and surrounding landscaping shall be completed prior to occupancy of the first dwelling unit. The future equipment building for the sewer pump station shall be designed to complement the architectural style of the development to the satisfaction of the Planning Director. All equipment shall be adequately screened from view. All trellis and gazebo structures located on the open space lots shall be located so that a minimum 5 foot setback is maintained from any adjacent residential property line and that a minimum 10 foot setback is maintained from any structure to the curb line. All corner lots shall be constructed with the enhanced side elevations as shown on the architectural plans. The building elevations of all lots which abut the perimeter of the site or which abut open space lots/recreation area lots shall also be constructed with enhanced side and/or rear elevations as shown on the architectural plans. In addition lots 77, 78, 126, 139, 172, and 185 shall be constructed with enhanced rear elevations. Open Space and Trails 35. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative map within Open Space Lots 227,240,246,247,248, and 249. Prior to the issuance of any building permits, the trail shall be constructed as a public trail for public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails Program that includes provisions for maintenance and liability. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail for public use and the obligation for acceptance, construction, maintenance, and liability shall be the responsibility of the Homeowner’s Association. PC RESO NO. 4997 -ll- lb 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 36. 37. 38. 39. Except during construction of the site, unrestricted public pedestrian access shall be provided at all times through the development to provide public access between the Avenida Encinas pedestrian parkway and the mixed-use pedestrian link/corridors. In addition, the east/west pedestrian segments shall provide unrestricted public access through the development to link the Avenida Encinas public access parkway with the railroad pedestrian open space corridor. No development or improvements, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, shall occur within the open space lots, except as shown on the approved site development plans. A note to this effect shall be placed on the Final Map. Prior to issuance of building permits (with the exception of permits for model homes), the developer shall complete all landscaping and improvements within the Avenida Encinas Pedestrian Open Space Parkway; the Railroad Pedestrian Open Space Corridor; the trail and landscaping along Poinsettia Lane; the landscape and sidewalk improvements on the south side of Embarcadero Way; and the temporary trail connection from the northerly egress point (at Embarcadero Way) to the Poinsettia Transit Station. Public walkways; access parkways; passive recreation areas in PA 2 (lot 222) and in PA 4 (lot 220); and pocket parks and paseos on lots 223,226,228,229,231,231,233, 234, 235, 236, 237, 238, and 241 shall be constructed either prior to or concurrent with the construction of the adjacent residences and shall be completed prior to the first occupancy of the adjacent residence(s). Engineering Conditions: General 40. 41. 42. 43. 44. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval fkom, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. There shall be one final map recorded for this project. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards ahd shall record the following statement on the final map and in the project Covenants, Conditions & Restrictions (CC&R’s). PC RESO NO. 4997 -12- !? 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 “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.” The limits of these sight distance corridors shall be reflected on any improvement, grading, and landscape plans prepared in association with this development. Fees/Aweements 45. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 46. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 47. 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. Developer shall apply for and obtain a grading permit from the City Engineer. Coastal Conditions 48. If a Grading Permit is required, all grading activities shall be planned in units that can be completed by October 1”‘. Grading activities shall be limited to the “dry season”, April 1”’ to October lst of each year. Grading activities may be extended to November 15’ upon written approval of the City Engineer, obtained in advance, and only if all erosion control measures are in place by October 1”‘. Dedications/Improvements 49. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets (portion of Poinsettia Lane) and other easements (public access easements along Avenida Encinas and Poinsettia Lane) shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered 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. 50. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. PC RBSO NO. 4997 -13- 18 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 1. Developer shall provide the design of all private streets and drainage systems to the satisfaction of 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. Developer shall pay the standard improvement plan check and inspection fees. 52. Developer shall execute and record a City standard subdivision improvement agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and as indicated below. These improvements include, but are not limited to: paving, base, striping, signing, sidewalks, handicap ramps, curbs and gutters, medians, grading, clearing and grubbing, under grounding or relocation of utilities, sewer, potable and reclaimed water, fire hydrants, street lights, and retaining walls to City Standards and to the satisfaction of the City Engineer. A. B. C. D. E. On-site street improvements; Avenida Encinas frontage improvements; Install a driveway and paved Asphalt/Concrete (A/C) access to the proposed lift station and existing 72” storm drain, located within the North County Transit District (NCTD) right of way; Realign, or participate in the realignment (if the City realigns the sewer line as part of the Poinsettia Lane CIP), of the existing 21 inch sewer line in Poinsettia Lane between proposed Lot No.‘s 19 and 20, as shown on the tentative map. Poinsettia Lane frontage improvements: Developer shall either construct the Poinsettia Lane frontage improvements; or, if the City constructs the Poinsettia Lane frontage improvements, as a Capital Improvement Project, then the Developer shall cash-out their proportionate share of the frontage improvements, to the satisfaction of the City Engineer. The Developer’s proportionate share shall include, but not be limited to: concrete sidewalk, concrete curb and gutter, base and paving of the “outside’, lane (adjacent to the curb and gutter), one-half of a fully improved landscape raised median, parkway landscaping, public utilities, and street light standards. A list of the above 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 subdivision or development improvement agreement or such other time as provided in said agreement. 53. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Embarcadero Way, Avenida Encinas and Poinsettia Lane; exclusive of project access at Embarcadero Way and Avenida Encinas, as shown on the tentative map. 54. Prior to issuance of building permits, Developer shall underground all existing overhead PC RESO NO. 4997 -14- /Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55. 56. utilities along, adjacent to, or within the subdivision boundary Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer is permitted to utilize the existing off-site detention basin, located west of Carlsbad Boulevard and north of Batiquitos Lagoon, to fulfil1 this condition of approval. If Developer cannot utilize this existing detention basin, due to environmental concerns, then Developer must meet this requirement on-site. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit and San Diego Regional Water Quality Control Board (SDRWQCB), Order No. 2001-01. Developer shall provide improvements constructed pursuant to best management practices (BMP’s) 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 submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to constructing structural BMP’s (vortex type water quality system as shown on the tentative map) and notifying prospective owners and tenants of the following: A. B. C. D. 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. 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. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading permit, the Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the SDRWQCB. The SWPPP shall address measures to reduce, to the maximum extent possible, storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the SWPPP shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control BMP’s to filter said pollutants. PC RESO NO. 4997 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 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. Water 4) Ensure long-term maintenance of all post constructed BMP’s in perpetuity. 57. 58. 59. 60. 61. 62. 63. 64. 65. Prior to approval of improvement plans, Developer shall meet with the City Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the Deputy City Engineer - Design. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the Deputy City Engineer - Design, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of building permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the Deputy City Engineer - Design. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer - Design. The Developer shall install potable water and recycled water services and meters at a location approved by the Deputy City Engineer - Design. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the Deputy City Engineer - Design. The locations of sewer laterals shall be reflected on the project public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities to the satisfaction of the Deputy City Engineer - Design. Proposed public facilities shall be reflected on the project public improvement plans. The Developer shall provide separate potable water meters on each proposed lot. Said water meters shall be adjacent to each other for future telemetry purposes, as shown on the tentative map. PC RESO NO. 4997 -16- 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 66. 67. 68. 69. 70. 71. 72. The entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the Deputy City Engineer - Design. The potable water system for this proposed project shall be constructed as a looped system. The Developer shall complete the looped water system by tying into the existing waterline system on Embarcadero Way and Avenida Encinas to the satisfaction of the Deputy City Engineer - Design. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the Deputy City Engineer - Design. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the Deputy City Engineer - Design. The Developer shall submit a detailed recycled water study, prepared by a Registered Engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the Deputy City Engineer - Design. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a sewer lift station (located at proposed Lot No. 225) and pressure reducing station (located approximately at proposed Lot No.% 17’18 and 19) required to serve the project. Said plans shall be prepared to the satisfaction of the Deputy City Engineer - Design. Prior to the submittal of improvement plans, the Developer shall submit and receive approval of a design study prepared by a Registered Engineer that identifies the: A. Suggested site layout of sewer lift station; B. Size, type, and number of sewer pumps required; C. Type and availability of electricity (2 or 3 phase); D. Alignment of force main; E. The hydraulic grade line of the force main; F. Surge analysis on force main; G. Size, type, length of force main; H. Size of wet well; PC RESO NO. 4997 -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 I. J. K. L. M. N. 0. P. Resident time of sewage from wet well to top of force main; Anticipated flow during initial occupancy of units; Maintenance schedule required to cycle pumps during low flows of initial occupancy of units; Suggested type of chemical injection; Odor control; Corrosion protection; Size and type of back-up generator; Schematic of Telemetry; and, Said study shall be prepared to the satisfaction of the Deputy City Engineer - Design. 73. The Developer shall submit detailed architectural design drawings to the Planning Director for any proposed lift station buildings/structures. Final Map Notes 74. Note(s) to the following effect shall be placed on the final map as non-mapping data. A. B. C. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Public sewer located within the on-site “General Utility and Access Easement.” 2. Public potable & reclaimed water located within the on-site “General Utility and Access Easement.” Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 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. Fire Department Conditions: 75. The applicant must relocate the proposed fire hydrants in accordance with the Fire Department requirements. 76. Proposed gates must be equipped with Knox system key access to be approved by the Fire Department. STANDARD CODE REMINDERS Note: The project is subject to all .applicable provisions of local ordinances, including but not limited to the following code requirements: PC RESO NO. 4997 -18- 23 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 77. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General 78. 79. 80. 81. 82. 83. 84. 85. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 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 Carlsbad Municipal Code (the Grading Ordinance) to the satisfaction of the City Engineer. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein, The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map 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 and recreational facilities, except as modified by the approving resolutions. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 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 approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RESO NO. 4997 -19- 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 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of June 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioners Compas and L’Heureux ABSTAIN: ATTEST: MICHAEL J. HaZMtiER Planning Director PC RESO NO. 4997 -2o- 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. 4998 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT PUD 01-01 TO ALLOW THE SUBDIVISION AND DEVELOPMENT OF A 41.6 ACRE SITE FOR 219 SINGLE- FAMILY LOTS, THREE RECREATION LOTS, ONE RV STORAGE LOT, ONE SEWER PUMP STATION LOT AND 25 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF AVENIDA ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA PROPERTIES P.A. 2,3, & 4 CASE NO.: PUD 01-01 WHEREAS, John Laing Homes, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by HS/DP/Michan, L.P, et al., “Owner,” described as Lots 1, 2, and 3 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13785, filed in the Office of the County Recorder of San Diego County on May 21, 1999. (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibit(s) “A,, - “RRRR” dated June 20, 2001,0n file in the Planning Department, POINSETTIA PROPERTIES P. A. 2’3, & 4 - PUD 01-01 as provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of June, 2001, 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 Planned Unit Development Permit. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of POINSETTIA PROPERTIES P. A. 2,3, & 4 -PUD 01-01, based on the following findings and subject to the following conditions: Findings: 1. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code, 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), Residential Medium (RM), and Open Space (OS) land use designations and the RD-M and OS 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 findings that the plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. The Specific Plan provides for the following: (1) the provision of the necessary circulation element roadways and improvements (Avenida Encinas and Poinsettia Lane); (2) the protection and enhancement of the native habitat areas (off-site vernal pools); (3)’ the construction of a future public trail; (4) the provisions for affordable housing; (5) compliance with the Local Facilities Management Plan for Zone 22 for public facilities and services, including utility infrastructure (sewer, water, drainage) and open space; (6) implementation of the mitigation monitoring and reporting program for the SP 210 Program EIR, 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 and associated recreation areas would provide a balance and mix of land uses within Specific Plan 210 and provide additional housing opportunities for the residents of the community. The development of single-family homes is compatible with the existing development to the north and west. 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 Planned Development meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, PC RESO NO. 4998 -2- 27 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 and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that except for those standards modified by Specific Plan 210, the project complies with all required development standards including minimum lot size, setbacks, building height, lot coverage, RV storage, resident and guest parking, private storage, and recreation space requirements and design guidelines as contained in Specific Plan 210. 5. 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 a 100 foot buffer area is provided around the off-site vernal pool to insure that an adequate watershed is provided to sustain the vernal pool habitat. 6. That the proposed project’s design and density of the developed. portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the project is consistent with the affordable housing project to the north and the proposed density of 5.3 dwelling units/acre is below both the Residential Medium-High (RMH) and Residential Medium (RM) range and the overall Planned Development permit does not exceed the Growth Control Point. 7. 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 the project is accessed from two points on Avenida Encinas, one additional “egress only” point is provided onto Embarcadero Way, and the circular design of the private street system provides direct access to the on-street guest parking spaces and driveways that lead to the homes’ attached two-car garages. The project includes internal sidewalks within parkways along the private streets that lead to the adjoining planning areas to the north, the transit station, the railroad open space trail, and the pedestrian walkways on Avenida Encinas and Poinsettia Lane. Conditions: 1. If any of the following 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 Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. PC RESO NO. 4998 -3- cs? 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 3. This approval is granted subject to the approval of CT 00-16, SDP 00-12, and CDP OO- 44 and is subject to all conditions contained in Resolutions No. 4997,4999, and 5000 for those other approvals NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 20th day of June 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioners Compas and L’Heureux A,EX$TAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H%ZtiLER Planning Director PC RESO NO. 4998 PLANNING COMMISSION RESOLUTION NO. 4999 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 00-12 TO CONSTRUCT A PRIVATE COMMUNITY RECREATION CENTER WITHIN PLANNING AREA 3 OF THE POINSETTIA PROPERTIES SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED WEST OF THE INTERSECTION OF MACADAMIA DRIVE AND AVENIDA ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONE 22 CASE NAME: POINSETTIA PROPERTIES P.A. 2,3. & 4 CASE NO.: SDP 00-12 WHEREAS, John Laing Homes, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by HS/RP/Michan, L.P, et al., “Owner,” described as Lots 1, 2, and 3 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13785, filed in the Office of the County Recorder of San Diego County on May 21, 1999. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” - “RRRR” dated June 20, 2001, on file in the Planning Department, POINSETTIA PROPERTIES P. A. 2, 3, & 4 - SDP 00-12 as provided by Chapter 21.06Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of June 2001, 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 Site Development Plan. 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 Planning Commission RECOMMENDS APPROVAL of POINSETTIA PROPERTIES P. A. 2,3, & 4 - SDP 00-12 based on the following findings and subject to the following conditions: FindinPs: 1. 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 construction of the recreation center in PA 3 satisfies the Specific Plan requirements to develop a common and integrated private recreational area concurrent with the development of PA 2 and PA 4. The recreation center has been designed to minimize, to the greatest extent possible, impacts to adjacent residential properties. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that Specific Plan 210 requires a PA 3 to be developed as a Community Recreation Center of approximately 1.4 acres (gross) and the proposed development of PA 3 consists of a 1.34 acre (net) park which contains private recreation facilities to serve the homeowners of PA 2 and 4. The proposed facilities comply with the Specific Plan requirements and include a pool, spa, pool house, tot-lot, sand volley ball court, half-court basketball, and turf areas 3. 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 recreation center has been designed to minimize, to the greatest extent possible, impacts to adjacent residential properties by providing a 6 foot high decorative block wall where private rear yards abut the park, by providing shrub masses adjacent to the residential structures to act as an additional buffer between homes and active play areas, and by conditioning the future lighting plan submittal (for the entire development) to shielding the light fixtures to eliminate spill-over lighting onto adjacent residential properties. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the private community recreation center is centrally located within the development, and can be easily accessed by both pedestrians and vehicular traffic. Conditions: 1. If any of the following 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 PC PESO NO. 4999 -2- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 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 Site Development Plan. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. This approval is granted subject to the approval of CT 00-16, PUD 01-01, and CDP 00-44 and is subject to all conditions contained in Resolutions No. 4997, 4998, and 5000 for those other approvals. Prior to occupancy of the first production dwelling unit in either Planning Area 2 or 4, the developer shall complete the first phase of the community recreation center. Phase I shall include the pool, spa, pool house, tot-lot, and all associated landscape, shrubs and turf areas east of and including the sidewalk which connects the north/south portions of the public pedestrian parkway. The remainder of the recreation center, which includes the sand volleyball court, half-court basket ball, and turf areas west of the sidewalk shall be completed prior to the occupancy of any homes in the second production phase of building permits. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4999 -3- 3a PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 20th day of June 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioners Compas and L’Heureux ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4999 -4- 33 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 I PLANNING COMMISSION RESOLUTION NO. 5000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP OO- 44 TO ALLOW THE SUBDIVISION AND DEVELOPMENT OF A 41.6 ACRE SITE FOR 219 SINGLE-FAMILY LOTS, THREE RECREATION LOTS, ONE RV STORAGE LOT, ONE SEWER PUMP STATION LOT AND 25 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF AVENIDA ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA PROPERTIES P.A. 2,3, & 4 CASE NO.: CDP 00-44 I WHEREAS, John Laing Homes, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by HS/RP/Michan, L.P, et al., “Owner,” i described as Lots 1, 2, and 3 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13785, filed in the Office of the County Recorder of San Diego County on May 21, 1999. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - %RRRyy dated June 20, 2001, on file in the Planning Department, POINSETTIA PROPERTIES P. A. 2,3, & 4 - CDP 00-44 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of June, 2001, 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. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of POINSETTIA PROPERTIES P. A. 2,3, & 4 - CDP 00-44 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Mello II 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, geologic instability or coastal access opportunities exist on or adjacent to the project site. The vernal pools located adjacent to the site have been protected with a 100 foot wetlands buffer in accordance with the mitigation measures outlined in EIR 96-01 for Poinsettia Properties Specific Plan (SP 210). The project has been designed with a minimum 40’ wide railroad open space buffer located on the west side of the site (100’ from wetlands); a decomposed granite trail will be located within the eastern half of the buffer; native drought tolerant landscaping with limited irrigation will be provided within the buffer area to insure that there is no change to hydrology within the vernal pool watershed; and a chainlink fence will be placed along the railroad right of way to protect the vernal pool area. as required by the Program EIR. The structural placement and architectural design of the single-family homes is consistent with the RD-M (Residential Density Multiple) Zone development standards. The park and single-family homes also comply with all of the requirements of 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. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that unrestricted public pedestrian access is provided through the project to encourage pedestrian access to the Poinsettia Transit Station. A public trail is also provided within the 40 foot minimum open space corridor located adjacent to the railroad right-of-way to provide access to the Poinsettia Transit Station. 3. That the project is consistent with the Coastal Agriculture Overlay Zone in that the required agricultural mitigation fee of $263,780 was paid on 2/4/00 for Poinsettia Properties P.A. 2,3, & 4, in accordance with the provisions of the Overlay Zone and the Poinsettia Properties Specific Plan. 4. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). PC RESO NO. 5000 -2- 3 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 1. If any of the following 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 Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity ‘with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. This approval is granted subject to the approval of CT 00-16, PUD 01-01, and SDP OO- 12 and is subject to all conditions contained in Resolutions No. 4997,4998, and 4999 for those other approvals 4. The applicant shall apply for and be issued the first building permit for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 2 1.201.2 10 of the Zoning Ordinance. 5. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RESO NO. 5000 -3- 3/ 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 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of June 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioners Compas and L’Heureux ABSTAIN: JEF&E&EGALL, 6 CARLSBAD PLANNING1::~ISSION ATTEST: MICHAEL J.?%LZtiLER Planning Director PC RESO NO. 5000 -4- 3? EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. 0 12 Application complete date: May 2,200l P.C. AGENDA OF: June 20,200l Project Planner: Barbara Kennedy Project Engineer: Mike Shirey SUBJECT: CT OO-16/PUD 01-Ol/SDP OO-12/GDP 00-44 - POINSETTIA PROPERTIES PLANNING AREAS 2.3, & 4 - Request for a recommendation of approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit to subdivide a 41.6 acre site for the development of 2 19 single-family residential lots, a Community Recreation Center, and numerous open space lots, located west of Avenida Encinas, between Poinsettia Lane and Embarcadero Way. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4997, 4998, 4999, and 5000 RECOMMENDING APPROVAL of CT 00-16, PUD 01-01, SDP 00-12, and CDP 00-44 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project, which includes Planning Areas 2,3, and 4 (PA 2,3, & 4) of the Poinsettia Properties Specific Plan, is a proposal to subdivide a 41.6 acre site for the development of 219 single-family homes, a 1.33 acre Community Recreation Center, and associated recreation, open space and RV storage facilities. The site is located in the Mello II Segment of the Coastal Overlay Zone on the west side of Avenida Encinas, between Poinsettia Lane and Embarcadero Way. The project requires approval of a tentative tract map, planned development permit, and coastal development permit. In addition, approval of a site development plan is required for the centralized park site in PA 3. Because the subdivision proposes more than 50 lots, final approval by the City Council is required. The proposed subdivision is consistent with the zoning and land use provisions of the Poinsettia Properties Specific Plan and incorporates 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 addresses this concern and 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 CT 00-16/PUD Ol-Ol/SDP 00-12/GDP 00-44 - POINSETTIA PROl’tiRTIES P.A. 2,3, & 4 June 20,200l corridor, Interstate 5. The plan incorporated numerous features to create a pedestrian-focused environment where residents can accomplish their daily activities without driving. This included: designing pedestrian-scale streets lined with trees to slow traffic; building homes with porches facing the street rather than garages; providing design details on the homes to create visual interest; and, adding trails, open space and sidewalks to provide pedestrian connections and opportunities. The 41.6 acre site is located within the southwest quadrant of the City in Local Facilities Management Zone 22. The north side of the site is adjacent to the Poinsettia Transit Station and the affordable housing apartment project just north of Embarcadero Way. Poinsettia Lane runs along the south side of the site, with the Lakeshore Gardens Mobile Home Park beyond; Avenida Encinas borders the site on the east, with car dealerships, Kaiser Permanente, and several motels on the opposite side of the street; and, the site is bordered on the west by the San Diego Northern (formerly AT&SF) railroad tracks. The site slopes down from the east to the west with a change in elevation of approximately 12 to 16 feet from Avendia Encinas to the railroad right-of-way. Vernal pool habitat was identified with the project EIR in an off-site location within the railroad corridor right-of-way. The EIR mitigation measures require a minimum 100 foot buffer where vernal pools are present in order to provide an adequate watershed and buffer area for the vernal pool habitat. The 100 foot buffer area is included as an expansion of the required 40 foot railroad right-of-way buffer/trail area. The site was graded previously and used as a nursery and is devoid of any native vegetation. In May 2000, the property owner applied for a Coastal Development Permit (CDP 00-13) to stockpile soil for the development of the site. Approximately 155,000 cubic yards of soil were imported and stockpiled on the site, and no additional import for the site is anticipated. The project includes the development of three planning areas within the Poinsettia Properties Specific Plan. PA 2 and PA 4 are both designated for residential single-family detached dwelling units. PA 2 is designated as a Residential Medium land use with a maximum of 168 dwellings and PA 4 is designated as a Residential Medium High land use with a maximum of 178 dwellings. Compliance with this requirement has been met through the provision of a total of 219 detached single-family homes each with a minimum 3,500 square foot lot. PA 3 is designated for use as a private Community Recreation Center to serve the homeowners of PA 2 and PA 4. The private facility will be maintained by the Homeowners’ Association (HOA) for these planning areas. Parkways, entry area landscaping and other common areas will also be maintained by the HOA. Patios, patio covers, balconies, and trellises will be allowed as shown on the detailed plans included as Exhibits P and Q. The primary entrance to the gated community is located on Avenida Encinas across from Macadamia Drive. The entrance is accented by a decorative entry structure and trellis elements at the pedestrian entrance points, as well as lush landscape areas surrounding the entrance. The PA 3 Community Recreation Center is located immediately west of the primary entrance and functions as a focal point at the entrance to the development. A second entrance point to the project is located across from Raintree Drive on Avenida Encinas and has similar landscape and pedestrian accent elements. An egress only road is located on the north end of the site and connects ‘with Embarcadero Way. This access point was not required by the Specific Plan; however, the Fire Department felt that a third point of egress was warranted in the event of an emergency situation. Although the community is gated to restrict vehicular circulation, the Coastal Commission required that the project must be developed with unrestricted pedestrian CT 00-16/PUD Ol-Ol/SDP OO-12/GDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l Page 3 access. Therefore, the project has been designed with pedestrian openings (no gates) at the project entrance points which connect with a 15 foot wide public access parkway that runs north/south through the center of the site. This public parkway provides a pedestrian connection from Avenida Encinas through the site to the future mixed-use project in PA 6 which will ultimately connect to the transit station. Landscape buffers with meandering sidewalks are located around the perimeter of the site. Twenty foot wide buffers are provided on Avendia Encinas and Poinsettia Lane and an additional 10 foot landscape buffer is provided along the north edge of the project. The landscape buffer along Avenida Encinas exhibits a semi-formal planting design featuring Mexican Fan Palms, accent trees, and turf areas which undulate between massed plantings of colorful shrubs and groundcovers. More informal planting buffers are provided along Poinsettia Lane and Embarcadero Way. A minimum 40 foot wide railroad pedestrian open space corridor is provided on the west side of the site and increases in width to maintain a 100 foot buffer around the off- site vernal pools. The corridor, which is separated from the railroad r.o.w. by a black chainlink fence, contains an informal decomposed granite (d.g.) trail on the eastern half of the buffer and native landscaping as required by the Program EIR. These trails provide pedestrian access around the perimeter of the site and links to the transit station and PA 6. Noise walls wrap around the east, south, and west sides of the development. To diminish the relative height of these walls, landscape berms are used in conjunction with a maximum 6 foot high wall where wall heights would otherwise be greater than 6 feet. The remaining perimeter fencing will also be constructed as a 6 foot high decorative block wall to match the noise wall. The walls facing Avenida Encinas, Poinsettia Lane, and Embarcadero Way are designed with an 18” offset between sections to provide additional interest along the streetscape. Decorative mounding and native landscaping will be used along the walls facing the railroad corridor. Openings have been designed into the perimeter walls at various locations to provide connections between the interior and exterior trail/walkway system. The interior of the project features a unique site plan which enhances the pedestrian experience in several ways. The 36 foot wide private streets (with parking on both sides) feature parkways with sidewalks that are separated from the curb by a 5.5 foot wide strip planted with turf and trees to create a feeling of openness and old-fashioned neighborhood charm. Theme trees are planted along each street and in consideration of off-site view protection, at least 75% of the trees within the project will be canopy trees with a maximum mature height of 30 feet or less. Traffic calming features such as “bulb-outs” at the comers slow traffic and reduce the width of the street crossing at the intersections. Enhanced paving at key points create a visual cue to drivers that pedestrians may be crossing in the area. The large park contained within PA 3 provides an active central recreation area for the development and features a pool, spa, pool house, tot-lot, half- court basketball, sand volleyball, large expanses of turf, and amenities such as picnic tables, benches, drinking fountains, and bike racks. In addition to the centralized park, two 10,000 square foot minimum passive recreation parks are located in the north and south ends of the development and are interconnected by the 15 foot public pedestrian parkway. The northerly park features a “bark park”, seating areas, trellis/arbor structures, and large expanses of turf. This park also has a visual and thematic relationship with the pedestrian link to PA 5 and 6. The southerly park has been designed as a “Neighborhood Plaza” and features a large decorative paved area, built-in BBQ, gazebo, seating areas, wooden swings, and turf areas for bocci ball and CT 00-16/PUD Ol-Ol/SDP OO-12/GDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l croquet. In addition to common recreation areas, a minimum 15’ x 15’ rear yard area is provided for each home. The site is constrained due to its long, narrow configuration. In order to break up the linearity of the site, parks and streets are situated so that there are no more than 10 homes in a row. The western half of the site has a unique lot layout with small clusters of homes centered around “mini” cul-de-sacs. Small “pocket parks” located at the end of these c&de-sacs serve as “green” focal points and provide a small gathering space for neighbors to interact. The lot sizes within the development range in size from a minimum of 3,600 to over 7,000 square feet. In addition, the width of the lots range generally from 45 to 55 feet wide. This allowed the homes be to designed with varying widths in order to avoid a “cookie cutter” appearance. The site layout also features many homes located on comer lots. This provided an opportunity to add more diversity to the streetscape by designing homes with enhanced elevations on both street sides and by designing some homes with wrap-around porches and side entry garages. The proposed homes feature separate architectural plans for the north and south sides. Products for the north and south each include three basic floor plans (each with three different architectural treatments). Three enhanced floor plans (each with three different architectural treatments) are also provided for the comer lot conditions. With the additional diversity afforded by the comer lot designs, there will be a total of 36 variations of the 6 basic floor plans. The square footages and building heights are as follows: Dahlin Group Homes (south end) Plan Sq. Ft. Height 1 2,342 - 2,374 24'-25' 2 2,421 26'-28' 13 1 2,745 I 27'-28' I The homes are generally located between 10 and 20 feet from the street right-of-way at the back of the sidewalk (20’ to 30’ from face of curb). The site layout encourages social interaction by locating homes close to the street and close to their neighbors. The homes 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. A minimum of 83% of the homes will feature either a ti-ont porch, wrap-around porch, or second story balcony element which faces the street. In contrast to typical suburban planning principIes, garages on over 25% of the units are located at the rear of the property away Tom the socially active streetscape. The driveway approaches on these units resemble walkways or courtyards with grass planting strips. The building design is reminiscent of beach cottage, English cottage, and craftsman style homes. Period details of these architectural styles which are included in the proposed project include wood, shingle or board and batten siding, wooden shutters, stone or brick wainscot elements, decorative wooden posts, porch railings, wood corbels, knee braces, exposed rafter tails, divided light windows, and gable end details. CT 00-16/PUD Ol-Ol/SDP 00-12/GDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l Page 5 The required RV storage for both PA 2 and 4 will be provided in a centralized location at the southwest comer of the site. The RV storage area will be screened from view by a decorative block wall and dense landscaping. Construction of a sewer pump station is also required with the development proposal. The site for the pump station is located adjacent to the RV storage area. The pump station will have a small equipment building (approx. 20’ x 20’) which is conditioned to be designed to complement the project architecture. The proposed project is subject to the following plans, ordinances, standards and policies: A. Carlsbad General Plan; B. Mello II Segment of the Carlsbad Local Coastal Program; C. Poinsettia Properties Specific Plan; D. Subdivision Ordinance E. Inclusionary Housing regulations F. Growth Management, Zone 22 Local Facilities Management Plan. G. California Environmental Quality Act and Environmental Protection Procedures. IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. GENERAL PLAN The General Plan land use designations for the project are as follows: PA 2: RM (Medium Density Residential), PA 3: OS (Open Space), and PA 4: RMH (Residential Medium High). When the City Council approved the Specific Plan in 1998, it made the finding that the Specific 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; (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 2, 3, & 4 are 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 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, CT 00- 16KJD 0 l-01 /SDP 00- 12KDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l Pane 6 pedestrian accessibility, and protection of the vernal pools. The proposed project complies with these modifications in the following manner: 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 Lane is not impacted by proposed project. Protection of vernal pools 100’ buffers are provided Yes around wetlands Pedestrian accessibility to proposed coastal rail trail An 8 foot wide public Yes pedestrian trail is proposed within the railroad . pedestrian open space corridor. Unrestricted public pedestrian access from PA 4 to An unrestricted public PA6 pedestrian access corridor is provided which connects the entry points on Avendia Encinas through the development to the mixed use area in PA 6 and the affordable housing site in PA5. 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 paid an Agricultural Conversion Mitigation Fee, consistent with the Coastal Agricultural Overlay Zone of the LCP. C. POINSETTIA PROPERTIES SPECIFIC PLAN/PLANNED DEVELOPMENT/ SITE DEVELOPMENT PLAN The Poinsettia Properties Specific Plan (SP 210) provides a framework for the development of the vacant properties within the specific plan area to ensure the logical and efficient provision of public facilities and community amenities for future residents. A Planned Development Permit is also required with the project and, in conjunction with the tentative map, provides a method to approve the small lot subdivision and private streets. Planning Area 3 will be developed as a private recreation center and requires approval of a Site Development Plan. The proposed development within Planning Areas 2, 3, and 4 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: Standard Requirement Density (SP) PA 2: Maximum of 168 SFD (6 du/ac) PA 4: Maximum of 178 SFD (11.5 du/ac) Product Type Single family detached (SP) Lot Size (SP) Minimum 3,500 sq. ft. residential lots Setbacks (SP): Setbacks: Avenida Encinas: 20’ landscape setback 30’ building setback from Avenida Encinas r.o.w. Compliance l 116 units at 5.27 du/ac l 103 units at 5.83 du/ac l Single family detached l Individual lot ownership (3,600 - 7,131 sq. ft.; 4,332 average sq. ft lot) l 20’ landscape setback l Livable space for all units is set back 30’ or greater from Avenida Encinas Poinsettia Lane: 20’ landscape setback 40’ building setback from Poinsettia lane r.o.w. l 20’ landscape setback l Livable space for all units is set back 40’ or greater from the Poinsettia Lane r.o.w. Individual Lots Front setback: 10-20’ with 15’ average. Porches: 10’ setback Garages: Min. 20’ long driveway l Livable space on all units is 10’ or greater from front property line with a 15 foot average front yard setback. l All garages are set back 20 feet or greater from the front property line Side: 5’ with 12’ average between buildings l 5 ’ minimum side yard with 12.5’ average distance between structures. Rear: 10’ to livable space 5’ rear setback allowed for recessed garages l 10’ rear setback l 5’ setback to recessed garages Building Bldg Height: 30’ and 2 stories if a min. roof pitch of l 24’ - 28’ Height (SP) 3:12 is provided or 24’ and two stories if less than a . 50% of the homes are 26 3: 12 roof pitch is provided. feet high or less. The City Council would be inclined to review favorably a remaining homes have maximum height of 26’ limited use of roof elements from 26.5 to 28 feet high Lot Coverage Maximum 50% lot coverage l 25% min. - 48% max. w l 40% average lot coverage RV Storage 4,380 sq. ft. (20 sq. ft./unit) l 9,302 sq. ft. (PD) CT 00-16/PUD Ol-OVSDP OO-12/GDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l Page 7 Table 2: SDecific Plan /Planned DeveloDment Ordinance CT 00- 16KJD 0 1 -Ol/SDP OO- 12KDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l Page 8 Standard Requirement Resident 2 full-sized covered spaces/du Parking (PD) Storage Space 392 cfldu WY Recreation PA 2: 10,000 sq. ft. min. passive rec. area Space (SP) Compliance l 2-car garages l Provided within individual garages l PA 2: 10,045 sq. ft. rec. area “Neighborhood Plaza” with built-in BBQ, gazebo, seating areas, wooden swings, and turf areas for bocci ball and croquet. PA 4: 10,000 sq. ft. min,passive rec. area l PA 4: 11,504 sq. ft. rec. area “Neighborhood park” with a “bark park”, seating areas, trellis/arbor structures, and large expanses of turf. l Pocket parks and internal trails (26, 149 sq. ft.) Private (PD) 15’ x 15’ rear yard l 15xl5’rearyard PA 3 (SP) Approximately 1.4 acres gross 0 The 1.33 acre (net) (1.5 ac. gross) open space area includes a pool, spa and pool house building, trellis structures, tot lot play structure, half-court basket- ball, sand volleyball, and large expanses of turf with picnic tables and benches. Public Access 15 ’ average width public access parkway l 15’ min. width north/ south cw corridor with unrestricted public pedestrian access. Public railroad pedestrian open space corridor (40’ average width with 8’ - 10’ trail) l 8’ wide natural public trail (decomposed granite) within eastern half of 40’ min. railroad open space corridor. Avenida Encinas pedestrian open space corridor Guest parking 58 spaces PD) l 5’ meandering sidewalk within 20’ wide landscape buffer l 250 on-street plus 56 extra guest parking available on the deep driveways (50’ deep or greater) CT 00-16/PUD 01 -Ol/SDP 00-1YCDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l Page 9 Standard Requirement Compliance Affordable 38 unit obligation satisfied by PA 5 of Poinsettia l Provided in PA 5. Housing (SP) Properties Specific Plan Area Small Lot Compliance with Small Lot Architectural Guidelines l See Small Lot Summary Architectural Chart, Attachments 11 & 12 Guidelines (SP) indicating compliance is achieved. Garage Garages offset at least 5’ from front facade l Garages located 5’ - 50’ Location and from front facade. Design (SP) Architectural Design Garage doors facing street must not exceed 50% of l All garages are recessed front facade from front of structure Articulated building elevations. Building facades must. incorporate a minimum of l Off-set planes, exposed rafter tails, gable end four design elements details, multi-paned windows, wood siding, wood trim, brick or stone accents, front porches, wood lattice, knee braces, pot Rear elevations exposed to public streets must be shelves. architecturally enhanced l Off-set planes, balconies, exposed rafter tails, gable end details, wood siding, multi-paned windows. 75% of homes must have front porch or second floor balcony facing street. l 83% of homes have front porches, wrap-around porches, or second floor balconies facing the street. Special Sound walls used where necessary l 6’ high sound walls used in Requirements: conjunction with 3’ high berm where required Construction of public trail on Avenida Encinas prior l Conditioned to construct to issuance of bldg. permits prior to issuance of building permits (except for models) Construction of public trail within railroad open . Conditioned to construct space corridor prior to issuance of bldg. permits prior to issuance of building Sidewalks on both sides of the street. permits (except for models) l 4’ sidewalks and 6’ parkways on both sides of the streets. Pad elevations as low as possible while still l Pad elevations are 3.5’ to achieving positive sewer and water flow. 4.5’ below Avenida Encinas, 4.5’ to 10’ below Poinsettia Lane, 1.5’ to 3.5’ above the adjoining railroad corridor, and within 1.5’ of finish grade of the properties north of the site. CT 00-16/PUD 01 -Ol/SDP OO- 12/GDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l PA 3 - Site Development Plan The Specific Plan designated PA 3 for development as a private Community Recreation Center with a gross acreage of 1.4 acres to serve the homeowners of PA 2 and PA 4. The design and amenities of the require approval of a Site Development Plan. The facility consists of a 1.33 acre (net) open space area that includes a pool, spa and pool house building, trellis structures, tot lot play structure, half-court basket-ball, sand volleyball, and large expanses of turf with picnic tables and benches. The recreation center has been designed to minimize, to the extent possible, light and noise impacts to adjacent residences by providing a 6 foot high decorative block wall and shrubs masses where private rear yards abut the park. Front yards of homes are designed to look out into the open space. Lighting plans are required with future submittal of the landscape plans and conditions are included so that lighting will be shielded to prevent spill-over of lighting onto adjacent residential properties. The pool structures have been designed to complement the project’s architectural style and relate to the pedestrian scale and nature of the development. The public pedestrian trail is integrated into the design of the park and provides a clear connection from the primary project entrance to the north/west pedestrian corridor. The park is centrally located within the development and is no more than 1,200 feet from the most distant residence. The Specific Plan states that no additional parking is required for this facility and that available on-street parking will be adequate. This will further encourage residents to walk, rather than drive, to the park. The Specific Plan allows for phased development of the recreation center so long as at least a portion of the proposed features are in place prior to occupancy of the first dwelling unit in PA 2 or PA 4. The project has been conditioned to complete the first phase of the community recreation center which will consist of the pool, spa, pool house, tot-lot, and all associated landscape, shrubs and turf areas east of and including the sidewalk which connects the north/south portions of the public pedestrian parkway prior to occupancy of the first dwelling unit (except models) in either Planning Area 2 or 4. The remainder of the recreation center, which includes the sand volleyball court, half-court basketball, and turf areas west of the sidewalk will need to be completed prior to the occupancy of homes within the second production phase of building permits. D. SUBDIVISION ORDINANCE The proposed tentative map complies with all requirements of the City’s Subdivision Ordinance. All infrastructure improvements including frontage and project-related roadways and the extension of existing drainage and sewer facilities will be installed concurrent with development. Access to the site will be provided from Avenida Encinas through the intersections at Macadamia Drive and Raintree Drive and egress only will be provided onto Embarcadero Way. The project is conditioned to provide frontage improvements along Avenida Encinas and will pay its fair share for improvements on Poinsettia Lane. The frontage improvements along Poinsettia Lane will be installed in conjunction with the widening of Poinsettia Lane Bridge. The bridge is scheduled as 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. CT 00-16/PUD Ol-Ol/SDP 00-12/GDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l 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 street improvements, including curbs, gutters, parkways, sidewalks, street lights, and fire hydrants on the 36 foot wide private streets. The proposed street system is adequate to handle the project’s pedestrian and vehicular traffic. Emergency access can be accommodated at ingress/egress points provided from Avenida Encinas through the intersections at Macadamia Drive and Raintree Drive and the egress point at Embarcadero Way. The on-site drainage system will consist of underground drainage system located within the private streets which will connect to an existing 72” storm drain located at the southwest comer of the site. Maintenance of the storm drain system will be the responsibility of the HOA. The Specific Plan anticipated that a sewer pump station may be required for Parcel “A” of the Specific Plan which includes Planning Areas 2 through 6. The engineering department has determined construction of the sewer pump station is necessary for the development and other proposed projects in this sewer area. The pump station will be located at the southwest comer of the site and the equipment building will be designed to complement the surrounding residential development. The pad heights are approximately 3.5’ to 4.5’ below Avenida Encinas, 4.5’ to 10’ below Poinsettia Lane, 1.5’ to 3.5 feet above the railroad corridor grade, and within 1.5 feet of existing grade of the properties north of the site. Approximately 155,000 cubic yards of import has already been stockpiled with approval of Coastal Development Permit CDP 00-13 and another 17,000 cubic yards of soil will be generated from foundations spoils and trenching for the storm drain system and no additional import or export is anticipated. 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 could be rent-restricted) in Planning Area 6. Planning Areas 2, and 4 are proposing to meet their 38 unit affordable obligation through the provision of affordable units in Planning Area 5. PA 5 was recently constructed and contains 92 affordable apartments. This lower number of affordable units in PA 5 indicates that a lower overall number of units will be proposed within the specific plan area than the 723 units approved by the City Council. The total number of units approved to date include 92 units in PA 5, 117 units in PA 7, and 112 units in PA 8. Together with the current proposal, a total of 540 units would be approved within the Specific Plan. The only remaining area for residential development is PA 6 with a maximum of 61 live-work units allowed. The affordable housing agreement for Planning Area 5 was approved by the Housing Commission in 1998 and the agreement was subsequently approved by the City Council. Therefore, the 38 unit affordable housing obligation for Planning Areas 2 and 4 are considered fulfilled. Since PA 3 is an open space park and does not contain any residential development, it is exempt from any affordable housing obligations. CT 00-16/PUD Ol-Ol/SDP OO-12/GDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l 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 8. V. ENVIRONMENTAL The proposed project was included in the Program EIR (EIR 96-10) prepared for the Poinsettia Properties Specific Plan certified in January 1998. The Program EIR addressed subsequent discretionary approvals of the specific plan, including actions such as tentative maps, site development plans, and coastal development permits. All future development, at the time of project review, was required to be examined to determine whether the environmental impacts were fully analyzed in the Program EIR. No further CEQA compliance would be required for those activities having no effect beyond those previously analyzed in the Program EIR. As noted above, the proposed project is consistent with the land uses, design guidelines, and facility improvements required in the specific plan. Through an initial study, the Planning Director determined that the proposed residential project is pursuant to and in conformance with Specific Plan 210 for which a Program EIR was prepared. No new impacts are anticipated as a result of this proposal except with regard to traffic. In 1999 the City’s annual Growth Management Traffic Monitoring Report indicated 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. However, this failure has been mitigated to below a level of insignificance. 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 and Section 65457 of the California Government Code. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Planning Commission Resolution No. 4997 (CT) Planning Commission Resolution No. 4998 (PUD) Planning Commission Resolution No. 4999 (SDP) Planning Commission Resolution No. 5000 (CDP) Location Map Background Data Sheet Disclosure Statement Local Facilities Impact Assessment Form Poinsettia Properties Planning Areas Maintenance Responsibilities Exhibit Small Lot Architectural Guidelines Compliance Summary -Dahlin Group Small Lot Architectural Guidelines Compliance Summary -JBZ CT 00-16/PUD Ol-OlBDP oO-12KDP 00-44 - POINSETTIA PROPERTIES P.A. 2,3, & 4 June 20,200l Pane 13 13. 14. Reduced Exhibits “A” - “RRRR” dated June 20,200l Full Size Exhibits “A-” - “R” dated June 20,200l (Tentative Map & Landscape Concept Plan) BACKGROUND DATA SHEET CASE NO: CT 00- 16/PUD 0 1-O l/SDP 00-12/GDP 00-44 CASE NAME: Poinsettia Pronerties Planning Areas 2,3. & 4 APPLICANT: John Laing Homes 19600 Fairchild. Suite 200 h-vine. CA 92612 REQUEST AND LOCATION: Auuroval of a Tentative Tract Man. Planned Unit Develonment. Site Develonment Plan, and Coastal Develonment Permit for the subdivision and develonment of a 41.6 acre site for 2 19 single-family lots, three recreation lots, one RV storage lot, one sewer uumu station lot. and 25 ooen snace lots located at the northwest comer of the intersection of Poinsettia Lane and Avenida Encinas. LEGAL DESCRIPTION: Lots 1, 2. and 3 of Carlsbad Tract No. 97-10. Poinsettia Pronerties, in the Citv of Carlsbad, Countv of San Diego, State of California. according to Man thereof No. 13785. filed in the Office of the County Recorder of San Dieno Countv on Mav 2 1,1999. APN: 214-450-26. 27. & 28 Acres: 41.6 Proposed No. of Lots/Units: 249 lots/219 units GENERAL PLAN AND ZONING Land Use Designation: RM/OS/RMH Density Allowed: 6 du/ac & 11.5 du/ac 1346 units) Density Proposed: 53 du/ac (219 units) Existing Zone: RDM/OS Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site RD-M, OS North RD-M-Q, C-T, RD-M South RMHP RM, OS, RMH RM/o, TR/RH, RH RM vacant Poinsettia Transit Station, vacant (PA 6), affordable housing (PA 5) Lakeshore Gardens Mobile Home Park East c-2 C/T-R West TC/RMHP/RD-M TCRMH Auto dealerships/ Kaiser Permanente, motels SDNR Railroad r.0.w.i Lanikai Lane Mobile Home park/ Poinsettia Cove (PA 7) PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 2 19 ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued 0 Certified Environmental Impact Report, dated w Other, Exemnt ner Section 65457 of the California Government Code and Section 15182 of the California DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require J discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, assoc;ation, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other country 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. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a cornoration or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN ,TI-IE SPACE BELOW. If a publiclv-owned corporation, include the names and titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/hrt JOHN LAING HOMES Title N/A Title N/A Address N/A Address 19600 FAIRCHILD, STE. 200, IRVINE, CA 92612 2. OWNER (Not the applicant’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 cornoration or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, If a publiclv-owned corporation, include the names and titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Cc-q/part SEE ATTACHED LIST OF OWNERS Title N/A Title N/A Address NIA Address 5055 AVENIDA ENCINAS. STE 210 CARLSBAD, CA 92008 1635 Faraday Avenue l Carlsbad, Ca 92008-7314 l (760) 602-4600 l (760) 602-8559 5HA p bpphcstionsVY1U,tiosm *alemmt.* 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. List the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Person N/A Carp/Part N/A Title N/A Title NIA Address NM Address N/A 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 q No If yes, please indicate person(s): N/A NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to SEE ATTACHED SIGNATURE PAGE Signature of owner/date DOUGLAS M. AVIS, MANAGING PARTNER Print or type name of owner BENCHMARK PACIFIC TIMOTHY McSUNAS, JOHN LAING HOMES Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:AOMIN\COUNTER\DISCLOSURE STATEMENT 5\98 / Page 2 of 33 p \rppl,cationrUY1W)4YLIclmun slatemerMoc Question #2, Ownership: lwnership Entity 25.12% HSL/BP/MICHAN, L.P., a California limited partnership By: HBM Poinsettia L.P., a- California limited partnership, General Partner Douglas M. Avis, President 25% Address: 5055 Avenida Encinas, Suite 210 Carl&ad, CA 92008 STRATA/POINSElTIA, a California general partnership By: Strata Equity Corporation, a California corporation, General Partner Carlos Michan, President 18.25% Address: 4250 Executive Square, Suite 440 LaJolla, CA 92037 BENCHMARK PACIFIC POINSMA, L.P,, a California limited partnership By: Benchmark Pacific, Inc., a California corporation, Its Sole General Partner Douglas M. Avis, President 17.88Oh 5055 Avenida Encinas, Suite 210 Address: Carlsbad, CA 92008 HSL PROPERTIES, INC., a California corporation Humberto S. Lopez, President 13.75% Address: 1037 South Alvemon, Suite 200 Tucson, AZ 85711 STRATA EQUITY CORPORATION, a California corporation Carlos Michan, President Address: 4250 Executive Square, Suite 440 LaJolla, CA 92037 SIGNATURE FOR OWNER: HSL/BP/MICHAN, L.P., a California limited paratnership BY: HBM Poinsettia L.P., a California limited partnership, General Partner BY: Benchmark Pacific Management, Inc., a California corporation, General Partner By: b&glas M. Avis, President CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: 1 FILE NAME LUND NO: Poinsettia ProDerties P.A. 2,3, & 4 -CT 00-16KVD Ol-Ol/SDP OO-12KDP 00-44 ~ LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: RM/OS/RMH ZONING: RD-M/OS DEVELOPER’S NAME: John Laing Homes ~ ADDRESS: 19600 Fairchild, Suite 200 Irvine, CA 92612 PHONE NO.: 949-476-9090 ASSESSOR’S PARCEL NO.: 214-450-26,27, & 28 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 41.6 acres ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 761.4 SQ. A. Library: Demand in Square Footage = 406.8 sq. ft. Wastewater Treatment Capacity (Calculate with J. Sewer) 219 EDU Park: Demand in Acreage = 1.52 acres Drainage: Demand in CFS = 113 CFS Identify Drainage Basin = Encinas Creek (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: 2,190 No. 4 N/A CUSD Elementary: 57.2, JH; 15.8, HS: 29.8 Sewer: Demands in EDU Identify Sub Basin = 219 EDU 22B (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 48,180 GPD The project is 134 units below the Growth Management Dwelling unit allowance and 127 units below the Specific Plan unit allowance for PA 2 and PA 4. POINSETTIA PROPERTIES ,“d;.+: ,:,‘*>1 ,’ # PA 2.3,AND 4 JOHN LAING HOMES 6 ‘4” LANDSCAPE PARKWAY 4--O” SIDEWALK ii ‘/ + A TURF STRIP / ’ I / ,I .,_ .,^ - - - --T-Y _-- / / /” 5 ,,’ > (7 A/ ,/’ ,,A : ’ _: /f _/_’ /’ A / ; ;‘;; ,J& A + ,’ 0 2 1’ /’ 1 /’ ,, 1” ,‘, 1. r ,f ,- ._*_ 1 / ^ ,Y” _s *\ ;‘; *-_ ;’ : I ’ -- ^I , I; /’ .c; !\ i I’ _, .’ .,’ 1 !” /’ J 5 /y L ,---9 ti ‘2 I, -j ,/’ \ .; ,’ i _’ WOOD FENCE - -ti$- r’ ,.‘: i .a/ /” + , _’ ,,A ,’ ,/ / i ,/’ / w ” ,/’ i/ .,’ .,, ,/‘/ / 4 + P /’ t / ),A z&q /k / ,y,- / I / /’ A i,, -1’ / _I x--:,.. h’ ,< J /’ /’ ..;++~ ;--I; ,’ / ,’ *.*,:/;,.,//, / / :/-’ z ..’ Tg’ > LJ $i /,*- I L 1 UNLT QWNER MAINTENANCE I RESPONStBlLlTY AREA HOMEOWNER ASSOCIATION htOAt bh&~TENANCE RESPONStBILtTY WATER ‘S &$-J s-a TYPlCAb IAN- MAINT N~~~~ R SPoNS’B”-‘TY JPHN LAING HOMES WOOD FENCE ------- TURF STRIP --~ 4 *-0” SIDEWALK LANDSCAPE PARKWAY WIDTH VARIES - --.--- __-- ___. -. 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CT OO-lG/PUD 01-Ol/SDP OO-12/GDP 00-44 - POINSETTIA PROPERTIES PLANNING AREAS 2, 3, & 4 - Request for a recommendation of approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan and Coastal Development Permit to subdivide a 41.6 acre site for the development of 219 single-family residential lots, a Community Recreation Center and numerous open space lots located west of Avenida Encinas, between Poinsettia Lane and Embarcadero Way. Mr. Wayne introduced Item No. 12 which is a request for a tentative map, a planned unit development, site development plan and a coastal development permit for planning areas 2, 3 and 4 of Poinsettia Properties. He explained that since this project contains more than 50 units, the Commission’s actions on this would be advisory with recommendations being forwarded to the City Council. He introduced the Project Planner, Barbara Kennedy to do the presentation assisted by Senior Engineer, Skip Hammann. Chairperson Segall paused to inform the audience that the Commission would be starting with Item No. 4, the Sign Ordinance, after 6:00 p.m. Ms. Kennedy showed the aerial view of the project and explained its location and the outlying areas. She stated the applicant is proposing to develop 219 single family homes on individual lots with numerous open space lots, an RV storage lot. The project is within walking distance to the beach and shopping center; has a 40 foot corridor; granite trail to connect to the transit station; a 100 foot water shed; 1.3 acre recreational area with a pool, spa, pool house, tot lot and bike racks, bark park; 10,000 square foot park with swings and games, small pocket parks at the end of cul-de-sacs and a sewer pump station next to the RV storage lot. Ms. Kennedy stated that there are 36 variations of the six basic floor plans which range from 2,000 square feet and up depending on how many bedrooms. These homes have a front porch, wrap around porch or a balcony. She said there are 38 affordable units in Planning Area #5, which is an apartment complex. Ms. Kennedy stated that the Agricultural Mitigation Fee has already been paid. Commissioner Trigas asked what is meant by the “live work area?” Ms. Kennedy explained that it has offices in the bottom and a caretaker unit above, depending on the type of businesses. Commissioner Nielsen asked what was meant by the “bark park;” if there were any three car garages; the lot sizes, why they were having cul-de-sacs versus livable streets; and how are these corner lots different from other corner lots of other projects? Ms. Kennedy replied that the bark parks are dog parks; there were no three car garages; the lot sizes are actually over what the minimum lot size is now; the cul-de-sacs are minimal; and these corner lots have equal enhancements on both sides which is a-typical. Mr. Hammann added that the streets are 36 feet wide versus the livable streets which are 34 feet wide. Commissioner Heineman asked what the price would be to keep up the parkland and landscaping etc. Planning Commission Minutes June 20,200l Page 6 Ms. Kennedy stated she was not sure of the answer at this point, and perhaps the applicant could address that question. Commissioner Baker asked about whether any of the homes would be single story; why there would be a gate on the property; what would cover the sound walls; whether the agricultural mitigation fee would stay within the City of Carlsbad; how close homes would be located to the sewer pump station; and would children living in this area be able to attend the local school or would the buyers be notified before purchasing that this may not happen? Ms. Kennedy explained that it was not a requirement to have a gate, but it was the applicant’s request; there would be various heights of shrubs and decorative block for the sound walls; yes the agricultural mitigation fee would stay in the City of Carlsbad; the homes are from at least 40 to 50 feet from the sewer pump station; and there is no notice requirement regarding the schools. The schools will need to do that as the developers are only required to notice in which district the homes are located. Ms. Mobaldi stated that the new Government Code Requirements provide that that is an issue between the school district and the State of California, the City is not allowed to condition land use approvals based on conditions that have to do with schools other than the required payment of school fees. Commissioner Nielsen asked why there were not any single level homes in this project? Ms. Kennedy replied that the Planned Development requirement for single story homes was proposed after this development began. Chairperson Segall asked if the intersection at Macadamia and Raintree would be signalized and if done later would the City pay for it? He also asked if Avenida Encinas would be widened and what the speed limit would be. He was also concerned if the houses would have diversity. Mr. Segall also asked about prospective buyers camping out on the site, and what could be done to prevent that. Mr. Hammann replied there would be no signal at the intersection of Macadamia and Raintree and if it is done later the City will pay for it. It is not anticipated as a need. He stated the speed limit would remain 35 mph on Avenida Encinas. Ms. Kennedy stated the houses would be different with the six basic plans available. Mr. Nielsen asked about the walking paths? Ms. Kennedy assured that the walking paths were safe and there was no need to be crossing the street area where there was not an official walk way and signal light. Mr. Hauser of John Laing Homes, 19600 Fairchild, Suite 200, It-vine, CA 92612 stated that they sent letters of support to all the residents of the area. They reduced the number of homes by 40% of what they could have had from 346 to 270; they paid mitigated fees of $1.8 to the Carlsbad Schools; the home owners fees are $150;and the sewer pump station is 100 feet from the homes and is a sealed system underground. A notice will go to the perspective buyers of homes near the system. Planning Commission Minutes June 20,200l Page 7 David DiRienzo, VP of John Laing Homes, 19600 Fairchild, Suite 200, Irvine, CA 92612. He explained the various locations of their company, their origination in the United Kingdom and that their company is the largest in Europe. He stated they have a headquarters in Orange County and four divisions in California. They discourage tents and campouts of prospective home buyers, and they have an 800 line for that purpose. He stated the prices range from the upper $400,000 for “A” homes and over $500,000 for “6” homes. Chairperson Segall opened public testimony. Doug Avis, Benchmark Pacific, 5055 Avenida Encinas, Suite 210, Carlsbad spoke of his long involve-ment with the project. He wanted it be on record that he does support this project in that the planning and work they (the developer’s) have done is unique and exciting for this community. He assured Chairperson Segall’s concern of the safety of children while the project is in the building stages. Chairperson Segall closed public testimony. He asked when the project would start if it was approved tonight. Ms. Kennedy stated that there is a winter grading restriction. Mr. Hauser stated it would start April 1, 2002. DISCUSSION Commissioner Nielsen stated his concerns regarding the lack of single story homes in this project. He stated they would have more discussion on that in the PD revisions. Mr. Heineman stated his concern also as it would be difficult to put a single story home on the size of lots for this project. MOTION ACTION: Motion by Commissioner Trigas and duly seconded, to adopt Planning Commission Resolutions No. 4997, 4998, 4999 and 5000 recommending approval of CT 00-16, PUD 01-01, SDP 00-12 and CDP 00-44 based upon the findings and subject to the conditions contained therein. VOTE: AYES: 5-o-o Chairperson Segall, Commissioners, Heineman, Baker, Nielsen, Trigas NOES: ABSTAIN: None None 73 NOTICE OF PUBLIC HEARING DESCRIPTION: Request for a recommendation of approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit to subdivide a 41.6 acre site for the development of 219 single-family residential lots, a Community Recreation Center, and numerous open space lots. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located west of Avenida Encinas, between Poinsettia Lane and Embarcadero Way. ASSESSOR’S PARCEL NUMBER: 2 14-450-26 APPLICANT: John Laing Homes 19600 Fairchild St., Ste. 200 Irvine. CA 92612 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 July 24, 2001 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 20, 2001. 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 500 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4626. APPEALS The time within which you may judicially challenge this Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you 1200 Carlsbad Village Drive l Carlsbad, CA 92008-I 989 l (760) 434-2808 @ challenge the Tentative Tract Map, Planned Development Permit, Site Development Plan, 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. Appeals to the City 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: This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within 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 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: CT 00-lG/PUD Ol-Ol/SDP OO-12/GDP 00-44 CASE NAME: POINSETTIA PROPERTIES P.A. 2, 3, & 4 PUBLISH: JULY II,2001 v 9 0 =b 5 0 0 m 9 Z POINSETTIA PROPERTIES P.A. 2, 3, & 4 CT 00=16/PUD 0%Ol/SDP 00-12/GDP 00-44 City FILE t’ of Carlsbac NOTICE OF PUBLIC HEARING COMPLETE DATE: May 2,200l DESCRIPTION: Request for a recommendation of approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit to subdivide a 41.6 acre site for the development of 219 single-family residential lots, a Community Recreation Center, and numerous open space lots. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located west of Avenida Encinas, between Poinsettia Lane and Embarcadero Way. ASSESSOR’S PARCEL NUMBER: 214-450-26 APPLICANT: John Laing Homes 19600 Fairchild St., Ste. 200 Irvine, CA 92612 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on June 20, 2001 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after June 14, 2001. 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 1635 Faraday Avenue, Carlsbad, California 92008, (760)602-4626. . . . . . . . . . . . . . . . . . . 1635 Faraday Avenue * Carlsbad, CA 92008-7314 l (760) 6024600 l FAX (760) 602-8559 l www.ci.carlsbad.ca.us ( . . APPEALS The time within which you may judicially challenge this Tentative Tract Map, Planned Development Permit, Site Development Plan, 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, Planned Development Permit, Site Development Plan, 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. Apoeals 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: cl This site is located within the Coastal Zone Appealable Area. lxl 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 7575 Metropolitan Drive, Suite 103, San Diego, California 921084402. CASE FILE: CT OO-lG/PUD Ol-Ol/SDP OO-12KDP 00-44 CASE NAME: POINSETTIA PROPERTIES P.A. 2, 3, & 4 PUBLISH: JUNE 7,200l (Form A) TO: CITY CLERK’S OFFICE. FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice CT 00-16/p~D Ol-Ol/sDp 00-12/GDP 00-44 - Poinsettia Properties P.A. 2, 39 & 4 for a public hearing before the City Council. Please notice the item for the council meeting of July 24, 2001 . Thank you. Assistant City Man-- June 28, 2001 Oate Smooth Feed SheetsTM Use template for 5160$ CARLSBAD UNIF SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PROJECT PLANNER BARBARA KENNEDY 6/28/2001 Address Labels CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 1 JOHN LAING HMS STE 200 19600 FAIRCHILD ST IRVINE CA 92612 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. 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L “0 6 z m ‘2 ‘CD 4 r- m ck 0 0 c N 0 =m m; La w-34 > LU @cJ zv w c xl .-IL2 *z m ‘L 4 L m i a 0 <a ,: CD u cn b 0 w 6-i 5P-Jl.n 5 al 04 I w am E QO 0x0 X 02 WC ud c Eu -4 6 L, OU ix4 v -6 LWia ,“OZ L-l * Cal- 6 x-v z 4 i-4 4 2 14 N m 5, m 5 0 -4 LO CGhl 6 m rju m La w-u LV uu v-3 o--c9 m-+S1 c3m 0 4 Iu-Pd -IO6 UWV 6 > 6 em -Go 0 0 c;z WS tr -4 w 3 a WU a--; 77:: L!+C 6 KrJ 5=-3~ 5, m L --cm 6 ffiLGV a, 1. 4 z m u 0 z 0 4N hcnrn d +T? w ;d x mu 3 &W-U w6 xii2 m vr-” Lao L (d&6 z P t; a 2 m L-l z m u m L 0 -+tim EW Y-4 d6a 5 u 51 w wwo ELJl ow w x 4-4 4n 6N WI- 5 -co 6 m--icn Tlz EO c-u xhrn WW .-I42 3 QU Q 3 v rev 06 z '-r n mm r: 4 co L4 o- 6 Q-+V w - l . . l c * s -0 W i-, z 4 L a d m c&ii Q, kO2 kN)-r i .; A notice has been mailed to all property owners/occupants listed herein.1 ,/ 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. 2001-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP, PLANNED DEVELOPMENT DEVELOPMENT PLAN, AND COASTAL DEV PERMIT ON PROPERTY GENERALLY LOCAT NORTHWEST CORNER OF AVENIDA E POINSETTIA LANE IN LOCAL FACILITIES ZONE 22 CASE NAME: California, does hereby resolve as WHEREAS, on June 20, 2001, noticed public hearing to consid Permit, Site Development Plan: a for the development of 219 numerous open space sbad Planning Commission held a duly tive Tract Map, Planned Development ommission Resolutions No. 4997, 4998, Development Permit, Site D and held a duly noticed public hearing to consider the recommendati d heard all persons interested in or opposed to the Tentative Tract Map, pment Permit, Site Development Plan, and Coastal Development Permit; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of alifornia, as follows: That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of the Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4997, 4998, 4999, and 5000 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1 .I 6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” I “The time within which judicial review of this decision m governed by Code of Civil Procedure, Section 1094.6, made applicable in the City of Carlsbad by Carlsbad Chapter 1.16. Any petition or other paper seeking j filed in the appropriate court no later than the nine date on which this decision becomes final; howe after the decision becomes final a request for t rd of proceedings accompanied by the required deposit in an estimated cost of preparation of such reco me within which such petition may be filed in court is extended to r than the thirtieth day following the date on which the record is her personally delivered or mailed to the party, or his attorney of , if he has one. A written request for the preparation of the ret e proceedings shall be filed with the City Clerk, City 1200 Carlsbad Village Drive, Carlsbad, California 92006.” PASSED AND Carlsbad on the d AYES: NOES: egular meeting of the City Council of the City of , 2001, by the following vote, to wit: ABSENT: / I CLAUDE A. LEW ATTEST: / LORRAINE M. WOOD, City Clerk (SEAL) 4 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 11, 2001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San marcoI , California 11th this July, 2001 day NORTH COUNTY TIMES Legal Advertising This space is for the County Clerks Filing Stamp II 7. 1 8 ; --- Proof of Publication of Notice of Public Hearing CITY OF CARLSBAD t;lOTICE OF PUSLIC HEARtNO DESCRIPTION: Request for a recommendation of approval of a Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit to subdivide a 41.6 acre site for the development of 219 single-family residential lots, a Dommunity Recreation Center, and numerous open space lots. LOCAnON: This project is within the C&y of Carkbad’s Coastal Zone located west of Avenida En&as, betwean Poinsettia Lane and Embarcadero Way $~JWS~$R’S PAFiCEL NUMBER: APPLICANT: John Laing Homes 19600 Fairchild St., Ste. 200 frvfne, CA 92612 A public hearin in the Council E on the above proposed project will be held by the Carl&d City Council hambers, 1200 Carlsbad Village Drive, Carkbad, California, on July 24, 2001 at 600 p.m. Psrsons are cordially invited to attend the pubiic hearing and provide the deckfort 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 de&ion. Copies of the steff report will be avallable on or after July 20, 2001. If you have any questions, or would like to be notified of the decision, please contaci Barbara Kennedy at the City of Carlsbad Planning Department, Monday through Thursday 730 a.m. to 5:30 p.m., Friday 6:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92006, (760) 6024626. APPEALS The time which you may judicially ,challenge this Tentative Tract Map, Planned Development Permit, Site Development Plan and Coastal Development Permit, il approved is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map, Planned Development Permit, Site Development Plan, and Coastal Development Permit in court, you may be limted 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 lo the pubkic hearing. 1. Appeals to the City Council: Where the decision is appealabie to the City Council, appeals must be fi!ed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: •1 This site is located wrthrn the Coastal Zone Aooealabie Area. . . q This site is not located within the Coastal Zone Appealabfe 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 Cffice of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 921064402. CASE FILE: CT OO-l&‘PUD Ol-Ol/SDP OO-12/GDP 00-44 CASE NAME: POINSETTIA PROPERTIES PA. 2.3,& 4 Legal 70617. July 11,2001 POlNs$~I$P~~;ERTTlES MI-lB/PUD O;&/s’DP Oo-12/GDP 00-4 I Rq Hofman Planning _:<;l Associates . . Planning Project Management Fiscal Analysis 3-3.q0 I tIfB-- a-a R-6 l!mv Memorandum DATE: TO: FROM: SUBJECT: ; July 20,200l Mayor Bud Lewis and City Council members Hofman Planning Associates Condition 7 1 of Planning Commission Resolution 4997 for CT 00- 16/PUD Ol- Ol/SDP OO-12KDP 00-44 - Poinsettia Properties P.A. 2,3, & 4 Dear Mayor Lewis: We would like to request Condition 7 1 of Planning Commission Resolution 4997 be revised to read as follows (new text is in bold type): 71. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a sewer lift station (located at proposed Lot No. 225) and pressure reducing station (located approximately at proposed Lot No.‘s 17, 18 and 19) required to serve the project. As an alternative, individual pressure regulating valves may be installed for each individual unit subject to approval of the Deputy City Engineer. All plans shall be prepared to the satisfaction of the Deputy City Engineer - Design. We have reviewed this text with Planning and Engineering staff and both departments find it acceptable. Cc: Ray Patchett Bob Wojcik Dee Landers 5900 Pasteur Court . Ste 150 . Carlsbad . CA . 92008 . 760438-1465 . Fax 760-438-2443