HomeMy WebLinkAbout2002-07-17; Planning Commission; ; CT 98-05X2|HDP 98-03X2 - DEJONG PROPERTYThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. (3
P.C. AGENDA OF: July 17, 2002
Application complete date: March 26, 2002
Project Planner: Van Lynch
Project Engineer: David Rick
SUBJECT: CT 98-05x2/HDP 98-03x2 - DEJONG PROPERTY - Request for a one year
extension of time to allow for the final map to be approved on property located at
the northeast corner of Black Rail Road and future Poinsettia Lane in the Coastal
Zone and Local Facilities Management Zone 20.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5261, 5262, and
5263 ADOPTING a Negative Declaration and APPROVING a retroactive one year extension
of CT 98-05X1, and a one year extension of HDP 98-03x1 based upon the findings and subject
to the conditions contained therein.
II. INTRODUCTION
The owners of Carlsbad Tract 98-05, DeJong Property, have requested a one-year time extension
for the tentative map and hillside development permit of a 30 lot/28-unit single-family
subdivision on a vacant parcel at the northeast corner of the intersection of Black Rail Road and
future Poinsettia Lane. This proposed one-year extension of Carlsbad Tract 98-05 would allow
the final map to be filed after the applicant has proceeded with the final design.
III. PROJECT DESCRIPTION AND BACKGROUND
The project is for the creation of a 30 lot/28-unit single-family subdivision on a vacant parcel at
the northeast corner of the intersection of Black Rail Road and future Poinsettia Lane. The
project consists of 28 single-family lots all with a lot area greater than 7,500 square feet. Two
open space lots are proposed, one with an area of 21.19 acres containing sensitive habitat and the
other with an area of 1.49 acres in which common landscaping and a trail (Trail Segment No. 30)
will be constructed parallel to future Poinsettia Lane. The project was conditioned to purchase
4.2 affordable housing credits in the Villa Loma housing project to satisfy the project's
affordable housing requirement and the City Council has approved the purchase of those units.
The applicant is requesting that the tentative map and hillside development permit be extended
for one year to May 11, 2003. The tentative map was approved by Planning Commission
Resolution No. 4506 and the hillside permit by Resolution No. 4507. A one year extension of
the map and hillside development permit was granted by the Planning Commission on June 6th
2001. The applicant has made a timely and complete submittal and staff has agreed to process
the request for a one-year extension since the developer experienced delays in processing due to
solvency of the Bridge and Thoroughfare District and public right-of-way compensation and
aquisition. Staff concurs with the applicant that the delays are reasonable and justifiable to
warrant a one-year extension.
3
CT 98-05X2/HDP 98-03X~ DEJONG PROPERTY
July 17, 2002
Page 2
The original conditions of approval cited in Planning Commission Resolution No. 4506 and 4507
are still applicable to the project. Two new conditions were added to the map. The first new
condition added is the tentative map extension requiring that the developer pay the current
Bridge and Thoroughfare District No. 2 (B&TD#2) fee which was recently adjusted to finance
estimated cost increases incurred to complete the design and construction of Aviara Parkway and
Poinsettia Lane within the boundaries of the district. Condition Number 4 of Planning
Commission Resolution No. 4986 requiring the property owner to enter into an agreement with
the City to pay their contribution for Bridge and Thoroughfare District No. 2 once the new
impact fees were determined upon reformation of the District is no longer applicable and is
removed from this extension. The other condition added addressed the requirement that the
developer submit a Storm Water Management Plan (SWMP) with their application for a grading
permit. The SWMP is required to identify potential pollutants that could enter the City storm
drains and methods to treat storm water runoff.
Staff has received the application and has scheduled the extension in accordance with the
Subdivision Map Act. The Coastal Development Permit 98-26 (Planning Commission Reso. No.
4508) will be extended by the Planning Director, per Section 21.201.210, after Planning
Commission action on the map and hillside permit extension.
IV. ANALYSIS
The applicant has been diligent in pursuing all items requested for the Tentative Map extension.
As stated above, the project remains in compliance with current codes, policies and growth
management requirements.
V. ENVIRONMENTAL REVIEW
This project was originally approved with a Mitigated Negative Declaration (Planning
Commission Resolution No. 4503). Staff has reviewed the request for extension and the
Planning Director has determined that the project is still in compliance with the prior
environmental documents and has issued a Negative Declaration for the map and hillside permit
extension.
ATTACHMENTS:
1. Planning Commission Resolution No. 5261 (Neg Dec)
2. Planning Commission Resolution No. 5262 (CT)
3. Planning Commission Resolution No. 5263 (HDP)
4. Location Map
5. Request for Tentative Map Extension
6. Disclosure Statement
7. Planning Commission Resolution No. 4986 (CT 98-05X1)
8. Planning Commission Resolution No. 4506 (CT 98-05)
9. Planning Commission Resolution No. 5004 (HDP 98-03X1)
10. Planning Commission Resolution No. 4507 (HDP 98-03)
11. Reduced Exhibits, Exhibit "A"
VL:cs
SITE
DEJONG RESIDENTIAL
MAP EXTENSION
CT 98-05x2/HDP 98-03x2
ting
^^
: Henthorn & Associat
5365 Avenida Encinas, Suite A
Carlsbad, California 92008
(760)438-4090
April 8, 2002 Fax (760) 438-0981
Lloyd Hubbs
City of Carlsbad
Engineering Department
1635 Faraday Ave.
Carlsbad, CA 92008
Subject: dejong Project - Request for Extension of Tentative Tract Map CT 98-05x1
Dear Lloyd: "••
This letter shall serve as a request to file a tentative tract map extension for the above referenced tract
map. On behalf of Arie dejong, I am presently seeking an extension of one year. I have also enclosed the
appropriated extension fee of $1,900.00.
As you are aware, the tentative map was originally approved on April 7, 1999 and was to remain valid for
24 months, as per Planning Commission Resolution #4506 and the Carlsbad Municipal Code. The map
was extended for one year on June 6, 2001 per Planning Commission Resolution # 4986 and is set to
expire on May 11, 2002. The approvals also included the necessary extensions for the project's Hillside
Development Permit and Coastal Development Permit, both of which will expire on May 11, 2002 as well.
Since the approval of the tentative tract map extension depends in part on the status of the permits, the
owner has filed an application for extension of the Coastal Development Permit with the Director of
Planning. A copy of the CDP application and fee check is included for your information.
Mr, dejong is diligently pursuing the process of completing the filing of the improvement and final
engineering plans to complete the process of the subdivision. Significant expenditures have been made in
this regard. However, questions relating to the solvency of the Poinsettia Lane Bridge and Thoroughfare
District and the ultimate ability of the district to compensate for right of ways and district funded
improvements forced the applicant to place final map activities on hold during the past year. Now that
the City has completed right of way acquisition and the District has been amended, the applicant is in a
position to move forward with final map recordation. Enclosed are the signed and completed Engineering
Application, Agreement for the Imposition of New Conditions (signed and notarized), mailing labels,
copies of the conditions of approval along with the approved tentative map, updated title report,
extension fee of $1,900 and a copy of the Coastal Development Permit extension package.
We appreciate your consideration of the extension and lookiforward to moving ahead with the
development process. Please call me if you have any questions or need any additional information.
Sincerely,
BryaryD. Bennett
Associate Planner
cc: Arie dejong
David Shibley
-1-
ftity of Ceftlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant'y statement or disclosure of certain ownership interests on all applications which wjil require
discretionary action on the part of the City Council or any appointed Board± Commission or Committee.^
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Pcrioo is defined as "Any individual,, fiznv co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agent) 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 corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person Arie dp .Tnnq^.Tr. Core/Part &DJ Holdings, LLC
Title Anna P Title Managing Member
Address 605 East Missinn Pnad . Address Same
San Marcos, Ca. 92069
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL 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
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owncd corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Arie de Jong Jr.
Title Anna P. de Joncr
Corp/Part ADJ Holdings, LLC
Title Manaainrr Memhpr
Address 605 East Mission Road .Address Same
San Marcos, Ca. 92069
1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 6O2-4600 • FAX (760) 602-8559
3. NON-PROFIT Of^NlZATION 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.
Non Profit/Trust Non Profit/Trust
Title Title
Address . Address
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
I I Yes LxJNo If yes, please indicate person(s):.
NOTE: Attach additional sheets if necessary.
I certify that all the above^information is true and correct to the best of my knowleds
Signaturgjotew^r/a^ Signature ofajtemanj^ite
r
Arie de Jong, Jr. Managing Member Arie de Jong, Jr. Managing Member
Pnnt or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
i ri T? . Shi Vil oy
Print or type name of owner/applicant's agent
H:AO^AIN\COUNTEmOISCtOSURE STATEMENT 5/98 Page 2 Of 2