HomeMy WebLinkAboutPUD 14-11; Hanover Beach Colony; Planned Unit Development - Non-Residential (PUD)The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: February 18, 2015
Application complete date: December 23, 2014
Project Planner: Christer Westman
Project Engineer: Jason Geldert
SUBJECT: PUD 14-11 - HANOVER BEACH COLONY - Request for approval of a Planned
Development Permit to delete condition 13D of Planning Commission Resolution No.
4526 regarding the regulation of patio covers, decks, and additions within the Hanover
Beach Colony, a 112 detached single-family airspace condominium development located
north of Ponto Drive, south of Poinsettia Lane, east of Carlsbad Boulevard, and west of
the railroad tracks in Local Facilities Management Zone 22. The City Planner has
determined that the project belongs to a class of projects that the State Secretary for
Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15305, Minor Alteration in Land Use
Limitations, ofthe State CEQA Guidelines.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7088 APPROVING Planned
Development Permit 14-11 based on the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Proiect Site/SettinR: The Hanover Beach Colony is an airspace condominium development of 112
detached single family homes located north of Ponto Drive, south of Poinsettia Lane, east of Carlsbad
Boulevard, and west of the railroad tracks. Approvals for the development were granted on April 7,
1999 by the Planning Commission known at that time as Poinsettia Properties Planning Area 8. (CT 97-
22/CP 99-02/CDP 99-55). A component of the approval, pursuant to Planning Commission Resolution
No. 4526, was the incorporation of the "Trellis/Patio Cover and Balcony/Deck Plan" into the
development CC&Rs along with a statement to the effect that no enclosed or unenclosed additions
shall be allowed at any time by any owners, successors in interest, and/or occupants, except for
the allowance shown on the approved "Trellis/Patio Cover and Balcony/Deck Plan". The plan
illustrates which lots may have additions and where patio areas and decks may be located on those lots.
The project received all discretionary actions, building permits, and is fully built-out.
Table A below includes the General Plan designations, zoning and current land uses ofthe project site
and surrounding properties.
TABLE A
Location General Plan Designation Zoning Current Land Use
Site RMH RD-M Hanover Beach Colony(SFR)
North RMH RD-M Poinsettia Cove (SFR)
South TR C-T Hilton Carlsbad Resort
East TC T-C Railroad
West OS OS Carlsbad Camp Ground
PUD 14-11 - HANOVER BEACH COLONY
February 18, 2015
Page 2
Background: Homeowners within the Hanover Beach Colony have through the years since its initial
construction requested approval of building permits to construct patio covers and/or second floor decks
as well as minor additions to the individual homes such as bathroom additions. In some cases the
requests have been denied because the proposed construction was not in the location as shown on the
Trellis/Patio Cover and Balcony/Deck Plan and/or the request exceeded the size allowed by the plan.
The plan is more restrictive than the current Carlsbad Municipal Code (C.M.C.) Planned Development
Ordinance section (21.45.090) which outlines the development standards applied to all Planned Unit
Development additions and patio covers/decks within the City of Carlsbad.
Proposed Project: As requested by the Hanover Beach Colony Home Owner's Association, the single
condition, 13D, of Planning Commission Resolution No. 4526 would be deleted. The effect of the
deletion would be that the "Trellis/Patio Cover and Balcony/Deck Plan" and statement associated with
the plan would no longer be required to be a part of the Hanover Beach Colony CC&Rs. The
development standards for additions in Hanover Beach Colony would default to those of the C.M.C
(21.45.090).
III. ANALYSIS
The Poinsettia Properties Planning Area 8 project (AKA Hanover Beach Colony) was analyzed for
consistency with Carlsbad General Plan, Mello II Segment of the Carlsbad Local Coastal Program,
Poinsettia Properties Specific Plan, Subdivision Ordinance (C.M.C. Title 20), Inclusionary Housing
Ordinance (C.M.C. 21.85), and Growth Management Ordinance (C.M.C. 21.90) when it was reviewed and
approved by the Planning Commission on April 7,1999.
The extent of the action being requested is the deletion of one condition in Planning Commission
Resolution No. 4526, which eliminates unique development standards, in the form of the Trellis/Patio
Cover and Balcony/Deck Plan, for additions of patio covers, decks, and habitable space within the
Hanover Beach Colony. No aspect of the Hanover Beach Colony will be changed that could have an
altering effect on the existing neighborhood's consistency with the General Plan, Mello II Segment ofthe
Local Coastal Program, Poinsettia Properties Specific Plan, Subdivision Ordinance, Inclusionary Housing
Ordinance, or Growth Management Ordinance.
The development standards of the Trellis/Patio Cover and Balcony/Deck Plan will be replaced by the
existing development standards specified in the Carlsbad Municipal Code Planned Development
Ordinance (C.M.C. 21.45.090). The following Table B summarizes the Planned Development Ordinance
limitations on additions.
TABLE B
Planned Development Ordinance Residential Additions and Accessory Uses Development Standards
Addition/Accessory Use Minimum Front Yard Setback Minimum Side and Rear Yard Setbacks
Attached/detached Patio
Covers and second floor
decks
10 feet to posts
Two-foot overhang permitted
5 feet to posts
Two-foot overhang permitted
Pool or Spa 20 feet 5 feet - pool
2 feet - spa
Non-Habitable detached
accessory structures (e.g.
garage, workshop, and decks
over 30" in height)
20 feet 5 feet
PUD 14-11 - HANOVER BEACH COLONY
February 18, 2015
PaRe 3
TABLE B
Planned Development Ordinance Residential Additions and Accessory Uses Development Standards
Habitable detached
accessory structures (e.g.
guest house, second
dwelling unit)
Same as required for the primary structure.
Additions to a primary or
accessory structure.
Same as required for the primary or accessory structure
Lot Coverage Maximum lot coverage for all structures on a lot is 50%
Private Recreational Space A minimum 400 square feet and shall not be located within front yard
setback areas, and may not include any driveways, parking areas, storage
areas, or walkways (except those walkways that are clearly integral to
the design ofthe recreation area). The minimum dimension shall be 15
feet, however, attached solid patio covers and decks/balconies may
project up to 6 feet (measured from the wall of the structure that is
contiguous to the patio/deck/balcony); the length ofthe projection shall
not be limited, except as required by any setback or lot coverage
standards; and, the patio cover/deck/balcony shall comply with the
required setbacks and lot coverage.
Notes: The maximum building height for a non-habitable detached accessory structure is 14 feet with a
3:12 roof pitch and 10 feet with less than a 3:12 roof pitch. A minimum 10 foot separation is required
between structures that are detached.
The purpose of the modification is to relieve Hanover Beach Colony of atypical restrictions regarding
patio covers, decks, and additions and to establish the same regulations regarding these minor additions
as those for all other Planned Unit Developments in the City of Carlsbad.
Since all other aspects of the Hanover Beach Colony approvals remain as they exist including densities,
lot coverage and building height, the project is consistent with the general plan, and complies with all
applicable provisions ofthe Planned Development Ordinance.
Although the proposed modification is less restrictive than the existing condition, additions will still be
regulated consistent with other developments in Carlsbad so as not to be detrimental to existing or
permitted uses in the area.
Because the development standards in question are those limited to additions on individual residential
lots, the larger neighborhood, surroundings, traffic, public health, safety, and general welfare will not be
adversely impacted.
IV. ENVIRONMENTAL REVIEW
The project is exempt from the provisions ofthe California Environmental Quality Act (CEQA) pursuant
to CEQA Categorical Exemption for Minor Alterations in Land Use Limitations (Section 15305). No
environmental review is required for the project. A Notice of Exemption will be filed by the City Planner
upon project approval.
PUD 14-11 - HANOVER BEACH COLONY
February 18, 2015
Page 4
ATTACHMENTS:
1. Planning Commission Resolution No. 7088
2. Location Map
3. Disclosure Statement
4. Planning Commission Resolution No. 4526
5. Exhibit "Trellis/Patio Cover and Balcony/Deck Plan"
PACI
OCE
N
NOT TO SCALE
SITE MAP
Hanover Beach Colony
PUD 14-11
f'** Development Services
- City of DISCLOSURE STATEMENT Planning Division
Carlsbad P-^W ISBS Faraday Avenue (760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The foiiowing 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, association, social club, fraternal
organizatioHr corporation, estate^ trust, receiver; syndicate^ in this and any other county, city and countyii'
city municipalityi 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 corporation or partnership,
include the names, titles, 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 RO(ii ^fsh Corp/Part W)mfT ?f!Oc)(\C[\\^^^
Title PTf^XirnV : Title HHA
Address 11^ V^hlkvsKjrr frj-. Address 10^ W^rA <r%rHt
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, titles, 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 Corp/Part
Title Title
Address Address
P-1 (A) Page 1 of 2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit oroanization 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 Profitn-rust Wvi \4aC,V\ Non Profit/Trust C}C^(\ OnCPm
Title V\~c^\d^x\\ Title ^fdnnj
Address "WOP V^Vw^Wirr AddressJMLmMd-S
4. Have you had more than $500 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 yss, please indicate person(s):
NOTE: Attach additional sheets if necessary.
certify that ail the above information is true and correct to the best of my knowledge.
Signatu/B of owner/date Signature OT applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name dr owner/applicant's agent
P-1 (A) Page 2 of 2 Revised 07/10
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PLANNING COMMISSION RESOLUTION NO. 4526
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-22 TO
DEVELOP 112 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
CARLSBAD BOULEVARD AND POINSETTIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETIA PROPERTIES PLANNING
AREA 8
CASE NO.: CT 97-22
WHEREAS, Shea Homes Limited Partnership, "Owner" and "Developer", has
filed a verified application with the City of Carlsbad regarding property described as:
Portions of Lot 3 and the north 1/3 of Lot 4 of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian,
City of Carlsbad, San Diego County, State of California
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) "A" - "EE" dated April 7,1999 on file in the Planning Department
POINSETTIA PROPERTIES PLANNING AREA 8, CT 97-22, as provided by Title 20 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April 1999, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
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.
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1 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLANNING
^ AREA 8, CT 97-22, based on the following findings and subject to the following
2 conditions:
4 Findings:
5 1. That the requested use is properly related to the site, smroundings and environmental
settings, is consistent with the various elements and objectives ofthe General Plan, will
6 not be detrimental to existing uses or to uses specifically pennitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
7 traffic circulation, in that the proposed 112 airspace condominium project is
consistent with the land use designation and density allowed by the Poinsettia
^ Properties Specific Plan to help meet the housing needs of the community. The
g 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
IQ finding that the plan implements the General Plan and is consistent with the goals,
objectives and policies of the General Plan. The specific plan provides for the
11 following: 1) the provision of the necessary circulation element roadways and
improvements (Avenida Encinas, Poinsettia Lane and Carlsbad Boulevard); 2) the
12 protection and enhancement of the ofi°-site wetland areas; 3) the construction of a
future public trail; 4) the provisions for affordable housing; 5) compliance with the
Local Facilities Management Plan Zone 22 for public facilities and services; 6)
implementation of the mitigation, monitoring, and reporting program for the SP
210 Program EIR; and, 7) the payment of all required mitigation fees for the
1^ conversion of agricultural lands to urban land uses.
15 2. That the proposed project is compatible with the surrounding futiu-e land uses since
surrounding properties are designated for RM, or RMH, residential development on the
17 General Plan, in that the land uses being called for by the approved Specific Plan
(RMH residential uses) implement the City's General Plan.
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3. That the site is physically suitable for the type and density of the development since the
19 site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
2j the approved Specific Plan and other applicable City regulations.
22 4. 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
23 public at large, for access through or use of property within the proposed subdivision in
that the project has been designed and structured such that there are no conflicts
24 with existing easements.
25 5. That the project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance as the Developer entered into an Affordable Housing
26 Agreement to provide and deed restrict 92 dwelling units as affordable to lower-income
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PC RESO NO. 4526 -2-
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1 households in Planning Area 5 of the Poinsettia Properties Specific Plan thereby
fulfilling the affordable housing obligation for Planning Area 8.
6. That the Planning Director has determined that the project is exempt firom the
requirements ofthe Cahfomia Environmental Quality Act (CEQA) per Section 15182 of
4 the state CEQA Guidelines and will not have any adverse significant impact on the
environment.
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7. That this project could have a potentially significant negative cumulative traffic
6 impact on the Palomar Airport Road/El Camino Real intersection. However, this
project has been conditioned to pay its fair share of the "short-term improvements"
7 thereby, guaranteeing implementation of a mitigation measure that reduces the
potential impact to a level of insignificance.
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8. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards including the RD-M
Zone, as well as the standards and design criteria established by the Poinsettia
Properties Specific Plan.
9. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
12 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is consistent with the design criteria of
13 both the RD-M Zone and the Poinsettia Properties Specific Plan in that all setbacks
have been provided, a pedestrian focus has been maintained, landscaping has been
14 integrated throughout the site; and recreational facilities have been provided for a
^ ^ variety of ages and life styles.
10. That the street systems serving the proposed use are adequate to properly handle all
traffic generated by the proposed use, in that private streets will be improved to a full
36 foot width with curbs, gutters, sidewalks, etc. and that the proposed street has
been demonstrated through the specific plan and Program EIR to be adequate to
I § accommodate the traffic generated by this project.
19 11. That the design ofthe subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the site plan provides
20 for a variety of building placement alternatives, including the adequate separation
of the structures and the dominate westerly wind/solar radiation patterns will allow
21 utilization of natural heating and cooling opportunities.
22 12. That the property is not subject to a contract entered into pursuant to the Land
22 Conservation Act of 1965 (Williamson Act).
2^ 13. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
25 against the public service needs of the City and available fiscal and environmental
resources
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PC RESO NO. 4526
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14. That the discharge of waste fi-om the subdivision will not result in violation of existing
2 Califomia Regional Water Quality Control Board requirements, in that the drainage
requirements of SP 210, City ordinances and standards, the Mello II Segment ofthe
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
5 Pollution Discharge Elimination System requirements.
6 15. That the design of the subdivision and improvements are not likely to cause substantial
enviroranental damage nor substantially and avoidably injure fish or wildlife or their
7 habitat, in that the project is subject to all applicable mitigation measures required
by the Mitigation Monitoring and Reporting Program certified with Final Program
EIR 96-01, as contained in Planning Commission Resolution No. 4157.
16. That all feasible mitigation measures identified in Program EIR 96-01 which are
appropriate have been incorporated into this project in that:
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^ J A) tbe project has been designed to encourage pedestrian activity;
^2 B) the project will pay required Agricultural Mitigation Fees;
^•^ C) the project is protecting potential paleontological resources;
14 D) noise walls, mechanical ventilation and building construction wUl mitigate noise
impacts in accordance with EIR 96-01;
E) building heights have been reduced to a maximum of 26'; and 15
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F) standard City grading procedures will be implemented to ensure erosion control
17 and reduce sedimentation.
18 17. The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
^9 ordinances since:
A. The project has been conditioned to ensiure that the final map will not be approved
2^ imless the City Council finds that sewer service is available to serve the project.
In addition, the project is conditioned such that a note shall be placed on the final
22 map that building permits may not be issued for the project unless the District
Engineer determines that sewer service is available, and building cannot occiu:
23 within the project unless sewer service remains available, and the District
Engineer is satisfied that the requirements of the PubUc Facilities Element of the
24 General Plan have been met insofar as they apply to sewer service for this project.
25 B. The project has been conditioned to provide proof fi-om the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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PC RESO NO. 4526
1 C. 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
2 Poinsettia Bridge, dedicated park land and received park land credits for 725
units for all parcels within Specific Plan 210, including the subject parcel.
4 Approval of CT 97-22 will deduct 112 credits from the present balance of 633
leaving a remaining number of 521 available credits.
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D. All necessary public improvements have been provided or are required as
6 conditions of approval.
7 E. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Perfonnance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan. 9
10 18. The project has been conditioned to pay any increase in public facility fee, or new
constiuction tax, or development fees, and has agreed to abide by any additional
11 requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure contmued availability of
12 public facilities and will mitigate any cumulative impacts created by the project.
13 19. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 22.
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20. The Planning Commission has reviewed each of the exactions imposed on the Developer
15 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
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NOTE; Unless specifically stated in the condition, all ofthe following conditions upon approval
19 of this proposed major subdivision must be met prior to approval of a final map.
20 1 • Staff is authorized and directed to make, or require Developer to make all corrections and
modifications to the Tentative Tract Map document(s) necessary to make them
21 intemally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
22 different fi-om this approval, shall require an amendment to this approval.
23 2. The project must comply with all mitigation measures required by the Mitigation
Monitoring and Reporting Program certified with Program EIR 96-01 on January
20,1998. 24
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The Developer shall comply with all appHcable provisions of federal, state, and local
2g ordinances in effect at the time of building permit issuance.
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PC RESO NO. 4526
1 4. The Developer shall provide fhe City with a reproducible 24" x 36", mylar copy of the
Tentative Map as approved by the final decision making body. The Tentative Map
^ shall reflect the conditions of approval by the City. The Map copy shall be submitted to
2 the City Engineer and approved prior to building, grading, final map, or improvement
plan submittal, whichever occurs first.
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5. The Developer shall include, as part ofthe plans submitted for any peimit plan check, a
5 reduced legible version of the approving resolutions on a 24" x 36" blueline drawing.
Said bluehne drawing(s) shall also include a copy of any applicable Coastal Development
6 Permit and signed approved site plan.
7 6. The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended fi-om time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
g Code or other ordinance adopted to implement a growth management system or FaciUties
and Improvement Plan and to fulfill the subdivider's agreement to pay fhe public
IQ facilities fee dated April 8, 1996, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
11 consistent with the General Plan and approval for this project will be void.
12 7. 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
13 that Plan prior to the issuance of building permits.
8. Building permits will not be issued for development ofthe subject property unless the
District Engineer determines that sewer faciUties are available at the time of application
for such sewer permits and will continue to be available until time of occupancy. A note
lg to this effect shall be placed on the final map.
17 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to
18 provide school facilities.
10. 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 ofthe units are sold.
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11. If any condition for constmction of any public improvements or facilities, or the payment
22 of any fees in-Ueu thereof, imposed by this approval or imposed by law on this residential
housing project are challenged this approval shall be suspended as provided in
23 Govemment 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 compUes with all requirements of laws.
12. Approval of CT 97-22 is granted subject to the approval of CP 98-09 and CDP 97-55.
2g CT 97-22 is subject to all conditions contained in Planning Commission Resolution
Nos. 4524 and 4523 for CP 98-09 and CDP 97-55.
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1 13. The Developer shall estabUsh a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
^ Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
4 Director. At a minimum, the CC&Rs shall contain the following provisions:
5 A. General Enforcement bv the Citv. The City shaU have the right, but not the
obUgation, to enforce those Protective Covenants set forth in this Declaration in
6 favor of, or in which the City has an interest.
^ B. 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 8
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g 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
10 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
11 and requesting the same be carried out by the Association within a period of thirty
(30) days fi-om the giving of such notice. In the event that the Association fails to
12 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
j4 reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied bv the Citv. In the event the City has performed the
15 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
16 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
17 each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in fiill within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
jg 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
20 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%) ofthe amount of
21 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
22 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
2^ in the Project for an equal prorata share ofthe invoice, plus the late charge. Such
24 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
25 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 aU legal
26 actions and/or to pursue Uen foreclosiure procedures against any Owner and
his/her respective Lot for pmposes of collecting such special assessment in
27 accordance with the procedures set forth in Article of this Declaration.
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28 PC RESO NO. 4526 -7-
7
1 D. A statement to the effect that no enclosed or unenclosed additions shall be
allowed at any time by any owners, successors in interest, and /or occupants,
except for the allowance shown on the approved "Trellis/Patio Cover and
2 Balcony/Deck Plan".
4 E. Maintenance responsibilities for the common areas (to be maintained by the
Homeowners' Association) and for the exclusive use areas (to be maintained
5 by the individual airspace unit owner) shall be as delineated on the approved
"Maintenance Responsibilities exhibit attachment 9 to staff report dated
6 April 7,1999. This information shall also be shown on the detailed landscape
plan and the final grading plan for this project. Prior to the issuance of
building permits, the applicant shall submit a recorded copy of the
Condominium Plan (filed with the California Department of Real Estate)
which must indicate that ownership and maintenance responsibilities are in
9 conformance with the "Maintenance Responsibilities" exhibit and all
approved City exhibits.
10
F. The CC&Rs shall include a disclosure to future property owners and tenants
11 of this project that this site may be subject to impacts as follows:
12 A) Noise, light, air, and traffic impacts from future development of the
designated commercial site located immediately to the south of the
subject site;
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B) Noise, air and trafiic impacts from Poinsettia Lane, Carisbad
15 Boulevard, the San Diego Northern Railroad, and the Poinsettia
Commuter Rail Station.
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14. Prior to the issuance ofthe building permit. Developer shaU submit to the City a Notice
17 of Restriction to be filed in the office ofthe County Recorder, subject to the satisfaction
ofthe Plaiming Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Tract Map, Condominium Permit, and
Coastal Development Permit by Resolution No. 4526, 4524, and 4523 on the real
property owned by the Developer. Said Notice of Restriction shall note the property
20 description, location ofthe file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
21 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
22 the Developer or successor in interest.
23 15. The Developer shall pay all required agricultural mitigation fees prior to
recordation of the final map or the issuance of a grading permit (whichever occurs
2^ first) in accordance with the provisions of the Coastal Agriculture Overlay Zone.
16. Prior to issuance of building permit, the owner shall submit an acoustical analysis
2g which demonstrates that the architectural plans comply with the State of Califomia
interior noise standard of 45 CNEL. The architectural plans shall incorporate any
27 additional measures (thicker glazing, sound absorption material, shielding of vents,
or artificial circulation system) to attenuate the noise to an acceptable level. Where
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PC RESO NO. 4526 -8-
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1 windows are required to be unopenable or kept closed in order to meet the interior
noise standards, mechanical ventilation and cooling, if necessary, shall be provided
to maintain a habitable environment The system shall supply two air changes per
hour to each habitable room including 20% (one-fifth) fresh make-up air obtained
directiy from the outdoors. The fresh air inlet duct shall be of sound attenuating
4 construction and shall consist of a minimum of ten feet of straight or curved duct or
six feet plus one sharp 90 degree bend.
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17. The Developer shall implement and comply with all applicable mitigation measures
6 required by the Mitigation Monitoring and Reporting Program certified with Final
Program EIR 96-01 as contained in Planning Commission Resolution No. 4157.
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19. No outdoor storage of matenais shall occur onsite unless required by the Fire Chief. In
11 such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
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20. The Developer shaU prepare a detailed landscape and irrigation plan in conformance with
13 the approved PreUminary Landscape Plan and the City's Landscape Manual. The plans
shall be submitted to and approval obtained fi-om the Planning Director prior to the
approval ofthe final map, grading permit, or building permit, whichever occurs first. The
JJ Developer shall constmct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, fi-ee fi'om weeds, trash, and
lg debris.
17 21. The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project's building, improvement, and grading plans.
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18. Grading is prohibited from October 1 to April 1. The City Engineer may permit an
extension of the grading season until November 15, if all precautionary measures
regarding erosion, consistent with the City's grading ordinance, have been put in
place.
22. Building identification and/or addresses shall be placed on all new and existing buildings
so as to be plainly visible firom the street or access road; color of identification and/or
2Q addresses shall contrast to their background color.
21 23. 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
22 Planning Director. Said facilities, if required, shall at a minimum include a bench, fi-ee
fi-om advertising, and a pole for the bus stop sign. The bench and pole shall be designed
23 to enhance or consistent with basic architectural theme of the project.
2^ 24. The Developer shall display a current Zoning and Land Use Map in the sales office at all
times, or suitable aitemative to the satisfaction of the Planning Director. In addition, the
sales office shall prominently display the approved "Trellis/Patio Cover and
25 Balcony/Deck Plan". Prior to the issuance of a certificate of occupancy for any
units, an inspection shall be made by Planning Department staff to ensure
27 compliance with this condition. During the course of subsequent final inspections
and occupany approvals by the Planning Department, random monitoring and
PC RESO NO. 4526
1 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
2 not in compliance with this condition at any time, certificate of occupancy approvals
2 shall be suspended by the Planning Director until compliance is achieved to the
satisfaction ofthe Planning Director.
4
25. Prior to issuance of a grading permit the developer shall meet with the North
5 County Transit District (NCTD) to negotiate the replacement of the retaining wall
along the eastern boundary of the project and the San Diego Northem Railroad
6 (SDNR) property with a 2:1 (or gentler) slope, If NCTD agrees to a 2:1 (or gentler)
slope in place of the retaining wall, a solid noise wall will be allowed and plexi-glass
will not be required. If the developer is not able to reach an agreement with NCTD
the project shall be built as shown on the approved exhibits.
g 26. The project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
10 such rental shaU be not less than 26 days. The CC&Rs for the project shall include this
requirement.
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27. All sales maps that are distributed or made available to the public shall include but not be
12 Umited to trails, future and existing schools, parks and streets.
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28. The Developer shall implement, or cause the implementation of, the (EIR 96-01) Project
J 4 Mitigation Monitoring and Reporting Program.
15 29. The Developer, or their successors in interest, shall improve the project site with the
project as described in the Final EIR 96-01, except as modified by this resolution.
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30. Paleontology:
A) Prior to issuance of a grading permit, the developer shall present a letier 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
20 is familiar with paleontological procedures and techniques.
21 B) A qualified paleontologist shall be present at the pre-construction meeting to
consult with the grading and excavation contractors.
22 ;
C) A paleontological monitor sball be on-site a minimum of half-time during the
23 original cutting of previously undisturbed sediments to inspect cuts for
2^ 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
25 being found then the monitoring should be reduced. (A paleontological
monitor is defined as an individual who has experience in the collection and
26 salvage of fossil materials.) The paleontological monitor shall work under
the direction of a qualified paleontologist
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PC RESO NO. 4526 -10-
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1 D) Wben fossils are discovered the paleontologist (or paleontological monitor)
shall recover them. In most cases this fossil salvage can be completed in a
2 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
4 temporarily direct, divert, or halt grading to allow recovery of fossil remains
in a timely manner. Because ofthe potential for the recovering of small fossil
5 remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washing operation on the site.
31. Prior to approval of the final map, the Developer shall provide an irrevocable offer
of dedication to the City of Carlsbad for a trail easement for the trail shown on the
tentative map within Open Space Lot 1. If the City of Carlsbad accepts dedication
of the trail easement, the trail shall be constructed as a public trail and will be the
9 maintenance and liability responsibility of the City of Carlsbad. If the City of
Carlsbad does not accept dedication of the trail easement, the trail shaU still be
10 constructed but it shall be constructed as a private trail and shall be the
maintenance and liability responsibility of the Master Homeowners Association.
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32. This project shall comply with all conditions and mitigation measures which are required
12 as part of the approved condominium permit and coastal development permit as
contained in Planning Commission Resolutions No. 4523,4524, and 4526. 13
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Engineering Conditions:
15 33. Prior to issuance of any building pennit, the developer shall comply with the
requirements of the City's anti-graffiti program for wall treatments if and when such a
16 program is formerly established by the City.
17 34. There shall be one final subdivision map recorded for this project.
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35. The developer shall provide an acceptable means for maintaining the private easements
jg within the subdivision and all the private: streets, sidewalks, street Ughts, storm drain
faciUties and sewer facilities located therein and to distribute the costs of such
20 maintenance in an equitable manner among the owners of the properties within the
subdivision. Adequate provision for such maintenance shall be included with the CC&Rs
21 subject to the approval ofthe City Engineer.
22 36. The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees firom any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
24 Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
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37. Prior to hauling dirt or constmction materials to or from any proposed construction site
26 within this project, the developer shall submit to and receive approval firom the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
27 requirements the City Engineer may impose with regards to the hauling operation
PC RESO NO. 4526 -11-
1 38. Rain gutters must be provided to convey roof drainage to an approved drainage course or
street to the satisfaction of the City Engineer.
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Fees/Agreements
4 39. The developer shall pay all cunent fees and deposits required.
5 40. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
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41. Prior to approval of any grading or building permits for this project, the owner shall give
^ written consent to the annexation of the area shown within the boundaries of the
g subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. I on a form provided by the City.
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42. The City will enter into a reimbursement agreement with the developer for its share
10 of the realignment of the Carlsbad Boulevard frontage improvements. The
agreement vtHl allow for progress payments from the City for its share of any costs
11 for the improvements beyond the developers obligation specified in the Specific Plan.
Such improvements shall include transitions back to the existing lanes of Carlsbad
Boulevard north and south ofthe project frontage. This condition is not intended to
supersede the conditions or requirements contained in the Poinsettia Properties
Specific Plan.
Grading
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43. Based upon a review of the proposed grading and the grading quantities shown on the
16 tentative map, a grading pennit for this project is required. The developer must submit
and receive approval for grading plans in accordance with City codes and standards prior
17 to issuance of a building permit for the project.
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44. Prior to the issuance of a grading permit or building pennit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
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45. No grading for private improvements shall occur outside the limits of the subdivision
21 unless a grading or slope easement or agreement is obtained fi'om the owners of the
affected properties and recorded. If the developer is unable to obtain the grading or slope
22 easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the tentative map or modify the plans so grading will not occur outside the
23 project site in a manner which substantially conforms to the approved tentative map as
24 detennined by the City Engineer and Planning Director.
25 Dedications/Improvements
26 46. Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
27 the City Engineer.
PC RESO NO. 4526 -12-
1 47. The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer shall be
2 made by a certificate on the final map for this project. All land so offered shall be
2 granted to the City fi-ee and clear of all liens and encumbrances and without cost to the
City. Streets that are already pubUc are not required to be rededicated.
4
48. Prior to issuance of building permits, the developer shall undergroimd all existing
5 overhead utilities within the subdivision boundary.
6 49. Direct access rights for all lots abutting Poinsettia Lane and Carlsbad Boulevard, with the
^ exception of the emergency access road, shall be waived on the final map.
g 50. The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
9 management practices as referenced in the "CaUfomia Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge
10 to sensitive areas. Plans for such improvements shaU be approved by the City Engineer.
Said plans shall include but not be Umited to notifying prospective owners and tenants of
11 the following:
^2 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
15 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
16 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical fi-eatments shall meet
17 Federal, State, County and City requirements as prescribed in tiieir respective
containers.
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C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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51. Plans, specifications, and supporting documents for all pubUc improvements shall be
21 prepared to the satisfaction ofthe City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided
22 by law, improvements shown on the tentative map and the following improvements:
23 A. Full-width street improvements to Ponto Road between Carlsbad
24 Boulevard and the southem subdivision boundary.
25 B. Half-width street improvements and raised median along the project
frontage on Carlsbad Boulevard to Major Arterial standards and to
26 the satisfaction of the City Engineer. The City Engineer may approve
a bond for design and construction of said improvements prior to
27 final map approval.
28 PC RESO NO. 4526 -13-
1 C. Removal of the existing northbound ramp from Ponto Drive to
Carlsbad Boulevard and installation of a cul-de-sac bulb at the
2 northern terminus of Ponto Drive.
3
D. Storm drain improvements within the railroad right-of-way from the
4 northern subdivision boundary and south to join the existing 78"
storm drain.
5
£. Installation of a traffic signal at the intersection of Ponto Road and
6 Carlsbad Boulevard.
7 All street improvement plan are to include signing and striping plans.
g
A list of the above improvements shall be placed on an additional map sheet on the final
g map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements
Usted above shall be constracted witiiin 18 months of approval of tiie secured
10 improvement agreement or such other time as provided in said agreement.
11 52. The design of all private streets and drainage systems shall be approved by the City
Engineer. The stractiural section of all private streets shaU conform to City of Carlsbad
12 Standards based on R-value tests. All private streets and drainage systems shall be
inspected by the City. The standard improvement plan check and inspection fees shall be
paid prior to approval ofthe final map for this project.
14
53. The Developer shall pay their fair share for the "short-term improvements" to the
15 El Camino Real/Palomar Airport Road intersection prior to the issuance of any
building permits. The amount shall be determined by the methodology ultimately
16 selected by Council, including but not limited to, an increase in the city-wide traffic
impact fee; an increased or new Zone 22 LFMP fee; the creation of a fee or
17 assessment district; or incorporation into a Mello-Roos taxing district.
Final Map Notes
54. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data:
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No stracture, fence, wall, tree, shmb, sign, or other object over 30 inches above the street
21 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.
22 The imderiying property owner shall maintain this condition.
2^ Water Conditions:
24
55. Improvement plans for Planning Area 8 shall include the following:
25
Area 8 shall place an 8" sewer in Private Street B and project the line across the
26 railroad right-of-way easement and intercept the 27" interceptor sewer
perpendicular. The 8" line shall be in a steel casing pipe and connect to the 27" at
27 invert.
28 PC RESO NO. 4526 -14-
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B. Install a 24" casing pipe parallel to the 27" sewer perpendicular to and across
Poinsettia Lane right-of-way at an elevation that will allow a fixture extension of
the 8" sewer north to the proposed lift station non Area 2.
C. Extend the 8" sewer in private stieet B westerly to the centerline of Carlsbad
Boulevard. This will be a fiiture tie-in point for Area 7.
D. Extend an 8" sewei in private street A or B southerly to the future commercial lot.
This sewer shall be at sufficient depth to gravity flow the commercial lot. This
depth will be approximately 7' below the street finished grade.
E. 8" recycled water line on the frontage of Carlsbad Boulevard for the length of the
frontage.
General:
56. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or fiirther 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 compUance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Tentative Map, Condominium Permit, and Coastal Development Permit.
Standard Code Reminders;
57. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
58. The developer shall exercise special care during the constraction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
59. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
60. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans including landscaping
perimeter fencing and, recreational facilities.
61. All landscape and irrigation plans shall be prepared to confonn with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
PC RESO NO. 4526 -15-
1 62. The developer shall exercise special care during the constraction phase of this project to
prevent offsite siltation. Planting and erosion confrol shall be provided in accordance
2 with the Carlsbad Municipal Code and the City Engineer.
63. Some improvements shown on the tentative map and/or required by these conditions are
4 located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
5 The developer shall confonn to Section 20.16.095 of tiie Carlsbad Municipal Code.
6 NOTICE
7
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
g reservations, or other exactions hereafter collectively refened to for convenience as
"fees/exactions.'"
9
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
10 you protest them, you must follow the protest procedure set forth in Govemment Code Section
66020(a), and file the protest and any other required infonnation with the City Manager for
11 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
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PC RESO NO. 4526 -16-
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follow that procedure wiU 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 appUcation 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, Califomia, held on the 7th day of April, 1999, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Heineman, Commissioners Compas, Savaty, and
SegaU
Commissioners L'Heureux, Nielsen and Welshons
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.HOLZ
Planning Director
LER
PC RESO NO. 4526 -17-
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