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
- --.--- __-- ___. -.
LEGEND
UNIT OWNER MAINTENANCE RESPONSIBILITY AREA
HOMEOWNER ASSOCIATION 0iOA) MAINTENANCE RESPONSIBILITY AREA
WATER ‘S END
PASEO TYPICAL LOT MAINTENANCE RESPONSIBILITY
PA 2,3,AND 1
PASEO
15 ‘-0” PASEO
.I-,b
I I .z-,OI
0
90 a Y 0 a:
&
0 3= n z CD
wz
----- --. I I
1, I
\ I ‘,I
J. i &-,I _’ j .D;r- b ‘1 , \ :: .I AL \ \ 1 r- I 2 I .-:0-X - , L , .0-a 2 I 1-I -- 2 :. \ .., ~ ‘\ \ \
If- .0-s
i I I
1 .- r- I
‘9 -a _ ,~ I[
.4-, $
2
----
. . 1 8
I \
m L4 lssl 0 =e n z c!J
wz v,< cr:--’ Wz kc < 3 0 .3
J----J N .o-.a
I
2
-1 Ii!
r------- ------ ,
I / t . .
1 1
1
i
C
.,
--- y-----z
., .. ,, .“, j ‘,,:‘, ;;,. .;. . .
;, ,., ,_ .\ ,.” <+, x k $7 _\ ;‘. .., .,. I., . . ,;~. rr G * j. ,\ : ;?j c p j +=)t : id? .I I rrln .\’ \ .\ ., ., \
: ,,. ‘. \“.’ +c- ,\ ,p ------ ------------ ----------A
m
3 IL
m W
‘E ‘Z
15 :- [E ;$
$2 :U- i O E i 3
; .E .E
I E :‘I) L$ i s
- ;.g al GC2 .
?
:
vi J
2
= s n =
2 = E = u = d
5
E
i u 5 ii
F d
-
22 : : in iij u In Sp 3 m ; 2 In I” i g ‘) 2 1 p J cu $J
5’ ? b m
EE
5,’ 7 .P i%
55 -5
; -
I
i
:
t
E 7
: r (i
2 7 C '1 2 = a
8-i 6 t .- ‘CV *is
-5 E .- .E E m
-8 z
23 ti
b 73 s
8 .- 2 Q
2
W z
W 9,
w W z
i
r 1 W A
r
L .a-*II L .0-,bl
1 1
I
I l- ----_
i - I
.*. 0-a 3-v
L- .4-A L .e.u
s *AL
1 1 r \ I \ k-l--c I E 2 I
a 1
ic s
$4 9 :3, 8 s c
Af n 2 I c
f5
\/q 8 ix 5
f I-*
$2 tm E m p E n
I 0 I
iG %
0 1;
E c 0 m 2
6 \ t . c n ‘9 0 _ :-I+ s p s $ 8
I,
br Q 2 i i- ii r iii < 8 t s s 1 ;f q 2 c l- ---- 0 al ’ .OI-,c ’
.*> my r /J ” ,.+,a *
I 1 I ( ii
iii 0 s 8 c
s a m n 0 I II rl
2
p 8
L, ,- 6
:: ,iG
,P” o-,6 R e ;
\
Ar t J
i
r I W n
-
f
ii
Planning Commission Minutes June 20,200l
12. 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.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
Laser 5160@
al
w 4
42 0
6 m
-rl m
v I
0 In cn 0
P N N m -I T-4 ul CD N m
zlh 3a
5=tJ
>
WQS GmV
W56
WOW
VCQ
N
0
m
lD
V
e
II +I
0
0 r-2
v ulm
6 ’
CD
0
I-
m
cp F-4 I-- m
r7-L
ri
I--
m
m
00
0m mm
=J-
a2
S-0
“rn m
wkx
LU 4
-lcrn
amw --If-Id
c -+ w
05 tY
E-r c
-4
CO
zm m 00 0 m-I4
m
CrO
GO
-+-+a
ta u
m
0
0
WN
L-01 a
G4a:
L--IV
wcri x03-0
s.6
wra
mm L-3 4’
VC L
30 5
0 m u
m
0
szl
301
-0
w La: !.a 6v
03
O-3-0
s”‘ca
,x2
-ri
z-4::
60 6
CImcJ
m
0
L-r0
GN m
+J
m
0 wa
I: LA CL
z&2
!crJ w -rl .c
3 cl? ix- 6 irulL
50 a
w m c
6 vo v !ztN Lmrn
0
-6
oaa TdV
c
6 WV h>cu
OGCR -0 m
CO4
wm L
AmaY
wuiu
34-J om 0
X v Glcnr- 36
cJ2.c 5f+ EG 6 m
-rccrcb din-+ du34 -+*5 i?xs-in
wm
5 ~~
--+LV
00s
uti 5 w:o L ffl3cG !z5 --ix c
0 l-0 a.+cll
to
.-ml-u
0 c
s=icc3 v 0 CT1 -4 m c-g
z++rl
c, 0 L-l m r-l
0
OLn
m0 4
N4
--( I
a ‘Lo
+-G-z
6,
3t- c
w
wx
L-‘b
ck w
c
Lo
c-l a.! 42
>m
c w 3
22 -’ e
xwx
0
c-Ill7
-Jr--
m
m*
6 ,
Cm
u2
0
r-
CC
s, 6 2. ri 0
c 0
3 WN
u p ch
=ja Ld
rdda
x -4 v
Lo 4
07 f- 4 m c c ck 0
2 0
6% c
--‘-a cl L.Ja
CJV
a3
-u-@ --r,ccl
CUT-is2
6,5 m c .-I
vu? $4
40 6
Xmv
I-
z m
0 I La -Y
cL~r-4
I--?
m c, i
r: rJ3 m
GL
Lcua
6 ou
w=f
-cw a, LJ 0%
LO-@
0 z .i
s L
m*si WdO srn pi
am 0
J-z
m
m
N
-0 07 /
t;Zm
NO
&AZ
cam
-4
-@w
-+ oi”: 0 Lau
LIT
.-I
t-
F l-3
s
3 d-l 0 0 L=-i 0
CN
tudrn
-0 5-O b-lha
cl c-0 v
3
afln
r=cj
5 -ri Y
o-J5 cn ‘- r.7
ON-r
WO6
wmv
I--
.+
N
Nm
s-3 I--
2
W-x w k
QUA Cl200 L.3 0 -.-I
OJ c
2w:
zs
b a
r- h$- c
6l-- 6
x4=
v 6-Q
--‘lzm L F-i
L Lo I-r
w m 6
Xcr-V
km m
a -
nm i.
00 6 P;rnb
a
=I
0
I-I
w
*
c-,
.-I N
5P-r
WC-U
IL;NI--l
c
6 F-d
IL
.c
r-, 4
A 0
6 0
w 0
x I
a2
c m
0 4 -4 c, 4
uuim
L cga
3!zu OF-I
bLu6
ri
9
Ln
N m Ln
N
m
0 P-j m
cur- m
m-3
Lo
\u
-e
WV i-1 ,
brn
00
ZO
a) c-4
i-+rn
F-w G
G a
5 ov
OW L.8 r.nm
Wrbrd a52 c m C--H aJ Lr !4 o*cJ x IS v
m
m
N
m
0 I
om
NO
0
L-2
Grn
h
w F-3 r- m
TP
0
-3 0
em
43
cn a
* N co 0 6 6-Y 4 m r-4
6 5 GC
5 ’
cm -4 0
m
0 0
r= N
0 cm
me=4 L
&
-r-l c_)
XC
WV
ai>
aa
ca cn
L0c-i l3u-l Ll
06 cf? *.- r.
nkw 7-l l-.J
L km
I=w
v 4
mr-la
w u
a) H 5 w
ZrnC
5.-l-+
Cm > om L
GFIH
UW 7-i w a EL6 GOV 4 w v-3
CCC
m 6 0
Qzz
CLm
6
as-J&
6-c: F+m cc
wva >LV u L-.6
v&l
4145
9 flR
uld cn 4 A
L.amL-.
c-G* 6
V"U
men
W 6
LSU
G4Jd
3mc
0 -4
wmv
c-c
fi-Jw
5c L W
www cn 5
-4 m cl2
6m 5
x >?-I a
cn L 0 w Q4 r=mrn 5 00 04 I w Qrn
E wo OS0 x -.I 0U-l
WC
cl v-l
e Ed
-4 QV
OV
a a
-+(Tl
&=a
,“cz
L h-4 ‘k
ar-Q
x:r-0
2 m m 0 LO ‘URN w m cc, wm UYI we
VP h=: UJ
L -4 Q
G53 m
tn
w-J.2
L-0 Q
C!?WU
g 7-i i\,
r4
2 r--
N m
2
d
Q Lam
-I30 0 0
CON
cam
Wr:
d&l
WV
CaW
Q-0 WLQ
h-rE-1-p
(d
JzI=,:
vm L
-4 w Q
amv
5 ai3-W
cum
YJQ m
vr-4 LO Li
Q?l Q
rl--v
a 4
s m L
W
z m u m 2-l 0 Q .I a 1
vgz wr4-l 4-2 N
*c-‘m Ew2 T-4
ma,
luW0
ELO,
G E-I W
x -
cll=
a LP-4
m r- c
GO m
CC-U7
x
-2
x
x
EO N 3 hLrn ‘3,
ww u F-u c
2 ‘U cc 3-l
Q 5v L
gsg a
‘UC! .+
x LA2 m
mm
G e-4 *
CO; *
O-+tQ +
Q-+V
Current Resident Current Resident
7201 Avenida Encinas 7020 Avenida Encinas Carlsbad CA 92009-4642 Carlsbad CA 92009-4691
Current Resident 6860 Avenida Encinas Carlsbad CA 92009-3201
Current Resident 750 Raintree Dr 231 Carlsbad CA 92009-3206
Current Resident Babilonia St Carlsbad CA 92009
Current Resident 751 Macadamia Dr Carlsbad CA 92009-3205
Current Resident
751 Rainstee Dr Carlsbad CA 92009-3206
P
m
N
m
4
In
G
&?.I _ m
2%
5d alx:u >
WQSZ emu
W66
wow urn
cn
.-lEOm
b
u 0 L m
g ,L
0 1
L v
!El.lmm
m
mu4
cmrn
&
LWU
6 ov
t3.r: QW
aJhF
Loa OZ”- .c 2 tom5
w-+0 A m t4
l-00) 0 Jazz
u c H 4
0
0 N
5, m m
6 ’ m srn L-40 6 co u Cm bwm 0 -J-J6 O-04 ix -d c.2
6 tin u>m OUR -u m CO4
Wm b
~cnia
w w v
i--
4
6P.l
P.lm
-I-
O
C-l
w-3-x W b
UsA moo
LO--+
OJ r: 0 0
Zwu
25
b u
xfz =:
cur- 6
x%--ICI)
a
5
0
!d
w
gs
L-’ A N
cdl-+
w r- ‘43
ffim-4 I
bW)r\l
as-4 RU’D 4 N
kkrn
AZW V-4 CR-tu
w v Wk 5 w
cc0 r:
6-r-+
cm > OaJ k nY4t-t
N
0
m
:D
-P
a ‘2
BO
- am m
WtX
L-‘V 4
z
;m:
%-I 4 4
xi-+ w
o= F
h sz 4u
St*
cmm
00 0
hdJ
m
0
OUl
-0
NZ
4 1
GUY
t
2
P
I-
wx
LE-r
a c La
Or: r> w
>
a.2
SO
7
XWX
LG N
w
W-P
c, I
Lo3
00
ZO
W N
s=*rn
FQ, n
iz u
3 ov
ow
s-4 m-0
“2;
c tn Lt*-
WmU
o--al
x ‘Ln v
m
m
N
a m
+-‘o 1
.J0m
NO 0
FL-4
cam -4
‘tlW
4 wd OLV
u 6.9
-+a m L-r 4
lAm L
WLn6
xi-c
c:
6 4
R
.e
42 4
4 0
6 0 w 0
x I
W
t: al
0 4
+u-
uwm
& c:=u
3 czv
04
~6~
xc: L a,
wwa
nl 6
-+rn 02
6rn 6
Xrna
m w 4 c, 0
6 m
4 m
v I
0 m
m 0 0-J 4
u e
m
30
GO
---ai
m v
su
om 0
X V
WUY 6 c -.-I
dkU
4dOc:
4.J fi 6
w.w L
m5Er
56 -4 x c
0 6
!z~cn
0
AIn
Nl--
I-?
me
6 I
r=m
40
WO
cr-4
Wm
& 4 7;
Xc:
w-0
maul
d:n
a XJ me-!
r;lm L
06
Eo*v
m m
N
m
0 I
001
NO
0
Lz
%
.Gw
.-I wu
v LV
&&
L-046
%E F-4 4
LlLn!4
ldm 6
V'V
u;
0
r-
m
m 0 0
W-J
>m
u
Lzidd
L -rl v
WlTI
x Cn-cY
X6 WAR cnm b TYr-z 30 6 mmv
‘D 3 P m
2 .;, .-I 0 !c 0 =1 cur-4 42 > m =a: L 6dU x -4 v xsc
ha
USR LA CT: m
w 4
.nrnL
00 Q
a CD v
0 F4l.n
NIC
m
me
6 ’
CID0 -+ 0
UO
C--J
wm
%
AU
xc
W-0
al>6
UR d m
lnd J In ‘La
0 *Q
minv
C-l 4
r-- -7
m 0
LO
Gp“ m
c, cn
0 aa IL LU
z&J
cm w*rL2
szm h 4 LlD L
60 6
w 0 v
u3 4
WI r- -z m c I
c m
w 0
G 0
c k-4
6Jm 1
d-o G--d
6 u
-3
vu
-+cQQ
w -* 0
63 m c d
uu? 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