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Home My WebLink About1999-10-20; Planning Commission; ; CDP 98-27A - POINSETTIA SHORES PLANNING AREA CThe City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: October 20, 1999 Application complete date: October 7, 1999 Project Planner: Anne Hysong Project Engineer: Clyde Wickham SUBJECT: CDP 98-27(Al - POINSETTIA SHORES PLANNING AREA C - Request for approval of a Coastal Development Permit Amendment to allow grading to occur through November 15, 1999 within Planning Area C of the Poinsettia Shores Master Plan located south of Avenida Encinas between Windrose Circle and 1-5 in the P-C zone and Local Facilities Management Zone 9. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4670 APPROVING CDP 98-27(A) based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a coastal development permit amendment to allow grading to occur through November 15, 1999 within Planning Area C of the Poinsettia Shores Master Plan. The request for the grading extension is in compliance with the General Plan, Subdivision Ordinance, the Poinsettia Shores Master Plan, the West Batiquitos Lagoon Segment of the Local Coastal Program and relevant zoning regulations of the Carlsbad Municipal Code. III. PROJECT DESCRIPTION AND BACKGROUND On April 13, 1999, the Carlsbad City Council approved a Tentative Map (CT 98-06), Condominium Permit (CP 98-05), Hillside Development Permit (HDP 98-40) and a Coastal Development Permit (CDP 98-27) for Planning Area C of the Poinsettia Shores Master Plan. These approvals allowed for the development of 28 residential duplex lots with 56 dwelling units. The property owner/applicant, Greystone Homes, has been working on the final map, grading plans and improvement plans since the approval of the project by the City Council. The applicant has requested that an advanced grading permit be issued by the City Engineer prior to approval of a final map to enable grading to begin immediately upon approval of their request for a grading extension. As required of all developments, the applicant has provided to the City of Carlsbad all necessary plans and information to allow for a grading permit to be issued, and the City is prepared to issue an advanced grading permit. However, condition number 4 of Planning Commission Resolution No. 4463 for CDP 98-27 prohibits grading between October 1 and April 1. The applicant is requesting that the Planning Commission amend the Coastal Permit to allow CDP 98-27(A) - POINSETTIA SHORES PLANNING AREA C October 20,1999 Page 2 a 45 day extension of the grading restriction, i.e., from October 1 to November 15, 1999. Greystone Homes has provided a grading operational plan and timeline that has been reviewed by both the Engineering and Planning Departments. This operation plan provides assurance that the grading operation, which upon Planning Commission approval of the proposed amendment, would commence on October 21, 1999, can be completed by November 15,1999. IV. ANALYSIS The recommendation of approval for this amendment to CDP 98-27 was determined by analyzing the consistency of the proposed request with the applicable policies and regulations of the City of Carlsbad. Subsequent to the approval of this project, other projects within the coastal zone have been conditioned to restrict grading between October 1 and April 1, with the provision that grading activities may be extended from October 1 to November 15 upon written approval of the City Engineer and only if all erosion control measures are in place by October 1. The resolution approving the coastal development permit for Planning Area C did not contain the latest wording allowing for the extension of grading past October 1st. Appropriate justification must be provided to allow for the extension of grading, including a finding under CEQA that there is no possibility that a significant impact would result from the extension of grading. Grading the site, which has been previously graded and is served by existing infrastructure, would involve installation of all necessary erosion control measures as required by the City Engineer to ensure slope stabilization and on-site retention of graded materials. These measures along with the fact that the proposed time extension does not fall within the typical rainy season, would avoid the possibility of a significant environmental impact. There are generally two situations under which advanced grading permits and/or grading extensions are administratively allowed. One is that a final map has been completed to the point that City Council approval is eminent, and the other is that the project would result in a public benefit. The proposed request to grade through November 15, 1999 can be justified in that the final map is nearing completion and awaiting Council approval. The public benefit is that, as a part of the construction of Planning Area C, Greystone Homes has agreed to repave Windrose Circle in advance of the City's regularly scheduled maintenance of the roadway and to install a reclaimed water line that the City would otherwise have to install at some future date. V. ENVIRONMENTAL REVIEW As discussed above, since this request is for a grading extension to November 15, 1999, which is generally before the rainy season and all erosion control measures would be in place and operational throughout the grading period, it has been determined by the Planning Director that it is appropriate to invoke the "general rule". Pursuant to Section 15061(b)(3) of CEQA, the project is exempt from CEQA review in that there is no possibility that the grading extension will have a significant effect on the environment. CDP 98-27(A) - POINSETTIA SHORES PLANNING AREA C October 20,1999 Page 3 ATTACHMENTS 1. Planning Commission Resolution No. 4670 (CDP 98-27(A)) 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 4463 (CDP 98-27) 5. Rough Grade Schedule LAMB PROPERTY POINSETTIA SHORES P.A. C CDP 98-27(A) City of Carlsbad Planning Department DISCLOSURE STATEMENT 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 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, 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." 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, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person _ Corp/Part Greystone Homes Inc. Title Title A Delaware Corporation Address Address 5780 Fleet Street, Suite 300 Carlsbad, CA 92008 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 publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title Address Corp/Part SAME AS APPLICANT Title Address 2O75 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 - (76O) 438-1161 - FAX (760) 438-O894 3. NON-PROFIT OR*-. JVIZATION 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? Yes N° 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 knowledge Signature/oi owner/date Signature oflappricant/date f --- ^^^^^"~ tj ^^- ^™—«^^^-^^ ^i —nil Print or typa/name of owner 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:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 POINSETT1A SHORES PLANNING AREA "C- ROUGH GRADE SCHEDULE OCTOBER 24) 2S{ 261 2A 2Bl 2« 301 M 1| 2l isMlrJwfTiFisBlMrrtw ia 13 MQBHJZATK3N EXCAVATION FINE GRADING 10