HomeMy WebLinkAbout1999-03-17; Planning Commission; ; SDP 98-09|CDP 98-38 - POINSETTIA PROPERTIES PA 5The City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: March 17, 1999
Application complete date: October 26, 1998
90 day extension
Project Planner: Adrienne Landers
Project Engineer: Ken Quon
SUBJECT: SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PA 5 - Request for
approval of a Site Development Plan and Coastal Development Permit to
construct 92 affordable apartments near the northwest comer of Avenida Encinas
and Poinsettia Lane in Local Facilities Management Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4514 and 4515
RECOMMENDING APPROVAL of SDP 98-09 and CDP 98-38 based on findings and subject
to the conditions contained therein.
II. INTRODUCTION
The proposed site development plan intends to create 92 affordable apartments within Planning
Area 5 of the Poinsettia Properties Specific Plan area to fulfill the affordable housing obligations
for Planning Areas 1-4, 7 and 8 of the Specific Plan. As designed and conditioned, the project is
consistent with all relevant City regulations and policies. All issues have been resolved.
III. PROJECT DESCRIPTION AND BACKGROUND
In January 1998 and October 1998, the City Council and California Coastal Commission
respectively 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 corridor, Interstate 5. The subject site is
located within the southwest quadrant of the City in Local Facilities Management Zone 22.
Planning Area 5 (see Attachment 6) is bounded on the north and east by Avenida Encinas, on
the immediate south by PA 4 (designated for single family development) and on the immediate
west by PA 6 (designated for commercial/retail land development). The vacant project site has a
basically flat elevation and has been disturbed by agricultural operations and contains ruderal
vegetation limited to non-native grasses and small shrubs.
Six buildings wrap around the exterior of the site—three sixteen-plexes, three twelve-plexes, and
one eight-plex. The interior of the site is designed as a common neighborhood area for a variety
of activities including an approximately 2,500 square foot recreation building with a kitchen,
fireplace, common room, and laundry facilities; a "tot-lot" with playground equipment; a
swimming pool with changing rooms; a private pedestrian trail system; a passive recreation area
for senior citizen activities, a half-basketball court; and an active recreation area for open play.
SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PA 5
March 17, 1999
Paee2
Ample benches, tables, and seating are sprinkled throughout the development to encourage more
resident interaction and passive recreation opportunities.
As designated in the Specific Plan, the project is designed with a Seaside Cottage architectural
style featuring painted lap siding, wood balustrades, patio trellises, wood picket fences and wood
knee braces. Dormer windows, canvas awnings, and trellises provide window accents.
Architectural-grade (thicker ends) composition shingles will provide shadow relief as roof
treatment.
Easy pedestrian access is provided to PA 6 (the mixed-use area) through the tree-lined main entry
on the west side of the site. To establish better interaction between residents and pedestrians,
units were designed to front on the public street and were provided with fenced-in patios at the
ground level and balconies at the second level. Pedestrian circulation is achieved throughout the
development with pathways to recreation facilities, parking, the public street, and direct access to
the street from 32 of the units. Abundant landscaping accents the development at the main entry,
the neighborhood area and throughout the parking lot which-provides 193 uncovered parking
spaces.
The affordable housing project proposes 92 apartment units. These units will include 36 one
bedroom (39%), 44 two bedroom (48%) and 12 three bedroom units (13%). All 92 units will
rent affordable to households having incomes at or below 60% of the area median income. The
Housing Commission reviewed the subject SDP for the project in August, 1998 and
recommended approval to the Planning Commission.
The project will be importing 35,500 cubic yards of fill to create a construction pad somewhat
level with the elevation of Avenida Encinas. The proposed import will add 3-4 feet of fill to the
subject site which is that much lower than the Avenida Encinas elevations.
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 and underlying RD-M Zone;
D. Inclusionary Housing Ordinance; and,
E. Growth Management Ordinance.
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.
A. GENERAL PLAN
SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PA 5
March 17, 1999
Page 3
When the City Council approved the Specific Plan in 1998 the finding was made that the
Poinsettia Properties Specific Plan implements the General Plan and is consistent with the goals,
objectives, and policies of the General Plan. 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 (Avenida Encinas, and Carlsbad Boulevard;) (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; and (5) compliance with the Local Facilities Management Plan 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 assumed that if
the proposed subdivision is consistent with the Specific Plan, the subdivision is also consistent
with the General Plan. As noted above, the subdivision lots are coincident with the Specific Plan
planning area boundaries.
B. MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
When the Poinsettia Properties Specific Plan was approved-the finding was made that the
specific plan was consistent with the Mello II Segment of the Carlsbad Local Coastal Program.
That finding was based on the fact that the specific plan provided the following: 1) visitor -
serving facilities at the intersection of Carlsbad Boulevard and Ponto Road and on Avenida
Encinas at the Poinsettia Rail Station; 2) subsequent discretionary reviews to ensure quality
development; 3) roadway improvements on Poinsettia Lane to Carlsbad Boulevard (including
Poinsettia Bridge); 4) drainage improvements throughout the Specific Plan neighborhoods; and
5) payment of mitigation fees for the conversion of designated coastal agricultural lands to urban
uses. Based on this implementation and consistency relationship between the Poinsettia
Properties Specific Plan and the Mello II Segment of the LCP, it can be assumed that if the
proposed project is consistent with the Specific Plan, the project is also consistent with the Mello
II Segment of the LCP.
C. POINSETTIA PROPERTIES SPECIFIC PLAN (underlying RD-M Zone)
The Specific Plan requires development in PA 5 to comply with the standards of the RD-M zone
unless otherwise specified. Development is also required to comply with standards and design
guidelines outlined in the Specific Plan. As discussed below, the proposed project is consistent
with all specific plan and zoning requirements.
The Specific Plan designates Planning Area 5 (PA 5) as the affordable housing site for the entire
specific plan area due to its proximity to the transit station, commercial/retail uses, and to focus
on increased density within 500 feet of the transit station. The maximum number of units
allowed on this site is 114. Under transit - oriented development principles, PA 5 should develop
near a density of 20 residential units per acre. The proposed project is consistent with this
density at a proposed density of 19 du/ac and a total of 92 units. For further discussion of the
affordable housing segment of the project, please refer to Section D, page 5. As illustrated in
Table 1 below, the project is also consistent with all development standards and design
guidelines required by both the RD-M Zone and Planning Area 5 of the Poinsettia Properties
Specific Plan.
Table 1
Compliance with Development Standards
SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PA 5
March 17, 1999
Page 4
Standard Required Proposed
Density (SP*)Maximum of 114 apartments 92 apartment units
Setbacks/Parkways (SP)
• Avenida Encinas
• Internal street
30 feet with 20 foot landscape
parkway
10 feet from public street
between PAs 4 and 6
Access/orientation to transit
station
Design to minimize noise impacts
Provided
Provided
Provided
Buffered by wall on
Avenida Encinas, sides of
units oriented to Avenida
Encinas
Building height (SP)Maximum of 35 feet/ 2 stories 35 feet / 2 stories
Lot size (RD-M)7,500 sq. ft.NA
Lot coverage (RD-M)40 percent 17.6 percent
Lot width (RD-M)60 feet NA
Front, rear, side
setback (RD-M)
yard Superseded by Specific Plan Only front yard setback is
applicable. 10 foot
minimum provided per
Specific Plan
Special design criteria
(SP)
Direct pedestrian access to
transit station
Guest parking to be interior
to project
Parking to be in smaller
pockets inter-spaced with
buildings/ landscaping
Walls prohibited except
where required to attenuate
noise
Units should face PA 4 and
PA 6
Pedestrian-scale articulated
facades/front porches
10,000 sq. ft. neighborhood
plaza with some homes
fronting on plaza
• Tree-lined canopy
walkway provided at
main entrance
• Provided
• Provided
Only wall along
Avenida Encinas to
attenuate noise
Provided
Provided
20,000 sq.ft
neighborhood area
provided which
includes 2,500 sq. ft.
common facility and
recreation components
SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PA 5
March 17,1999
Page 5
Trees(SP)
Roadway Improvements
75 percent canopy trees
• Avenida Encinas
Street A
75 percent - 25 feet
and under; 17 percent -
40 feet; 8 percent - 50
feet
Half-width dedication
and improvements
along project frontage
including transition to
existing improvements
Full street
improvements,
including curb, gutter,
sidewalk, street lights,
drainage facilities,
underground utilities
and landscaping
* Specific plan requirement
The project also complies with all other design and improvement criteria of the specific plan.
Primary access to the project will be from the west side of the project site with a secondary
access located on the south side of the development. All improvements are required to be
constructed by the developer to public street width standards with full curb, gutters, sidewalks,
underground utilities sidewalks, medians, tree wells, landscaping, street lights and fire hydrants
as shown on the site development plan or as included as conditions of approval. The proposed
street is adequate to handle all traffic generated from the subject site as well as from the adjacent
planning area.
D. INCLUSIONARY HOUSING REQUIREMENTS (Chapter 21.85 of the Carlsbad
Municipal Code)
As noted above, the proposed project is subject to the Inclusionary Housing Ordinance
specifically to the affordable housing requirements required by the Specific Plan for units to be
restricted to and affordable to lower income households. Section 21.53.120 of the Zoning
Ordinance requires City Council approval of a site development plan for multi-family affordable
projects of 51 or more units based on findings that the project is consistent with the underlying
zoning/specific plan and in conformance with General Plan policies and goals (see Section A
above). The Poinsettia Properties Affordable Housing Agreement was approved by the City
Council on December 8, 1998. This agreement included an exemption of the Public Facility Fee
requirements, a construction loan in the amount of $920,000 from the City's Housing Trust
Fund. The City also agreed to the issuance of $6.5 million of tax-exempt revenue bonds. Bridge
Housing Corporation, developer of the highly successful Villa Loma development, is the general
partner of the applicant, HSL/BP Michan, and will be responsible for construction, maintenance
and operation of the future Poinsettia Gardens Apartments.
Although the specific plan permitted a maximum of 114 units to be built within PA 5, the
applicants are proposing only 92 units. This is due to a lower project density than was
anticipated for the specific plan. At this time, the developer is proposing to construct 617 units
SDP 98-09/CDP 98-38 - PuINSETTIA PROPERTIES PA 5
March 17,1999
Page 6
within the Specific Plan boundaries. If the developer constructs more affordable units than he
needs to meet his affordable housing obligation, he will not be eligible to "sell" these units to
another developer; however, the affordable housing agreement for the Poinsettia Properties
Specific Plan allows any excess affordable units to be applied to meet the affordable housing
obligations for Planning Area 6.
The project complies with the
Municipal Code as demonstrated
Inclusionary Housing provisions of Chapter 21.85 of the
below:
Table 2
Inclusionary Housing
Standard
Inclusionary Requirements
Location of Units
Mix of bedrooms
Incentives requested
1 . Density increase
2. Standards modifications
3. Direct financial
Affordable Housing Agreement
Required
Maximum of 1 14 units
Onsite within PA 5
10% three bedroom
None
Signed agreement prior
to final map
Proposed
92 apartment units
Onsite within PA 5
One bedroom - 36 units (39%)
Two bedroom - 44 units (48%)
Three be'droom - 12 units (13%)
1 . None
2. None
3. Relief from PFF and $920,000
construction loan
Agreement approved by City
Council on 2-1 1-1 999
E. 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 development
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. All
facility impacts are noted on the attached Local Facilities Impact Assessment Summary.
E.ENVIRONMENTAL REVIEW
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. No further CEQA compliance was
required for those activities having no effect beyond those previously analyzed in the Program
EIR. As noted above, the proposed project is still consistent with the land uses, design
guidelines and facility improvements required in the specific plan.
The City has received its annual Growth Management Traffic Monitoring Report. The Report
has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport
Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This
potentially creates a changed circumstance negating reliance on previous environmental
SDP 98-09/CDP 98-38 - POINSETTIA PROPERTIES PA 5
March 17, 1999
Page? .
documentation. Pursuant to §15162 of the CEQA Guidelines a lead agency must prepare a
"Subsequent" environmental documentation if substantial evidence (i.e., the recorded
intersection failure) determines that a changed circumstance exists. However, case law has
interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent
EIR" if mitigation measures are adopted which reduce the identified impacts to a level of
insignificance.
A mitigation measure has been identified which, if implemented, will bring the peak hours LOS
into the acceptable range. The mitigation measure involves construction of two dual right turn
lanes-northbound to eastbound and westbound to northbound. This project has been conditioned
to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing
mitigation to a level of insignificance.
No additional environmental impacts will be created by the proposed subdivision, therefore, the
project is exempt under Section 15182 of the California Environmental Quality Act.
ATTACHMENTS:
1. Planning Commission Resolution No. 4514 (SDP)
2. Planning Commission Resolution No. 4515 (CDP)
3. Location Map
4. Background Data Sheet
5. Local Facilities Impact Assessment Form
6. Disclosure Statement
7. Poinsettia Properties Planning Areas
8. Reduced Exhibits
9. Full-size Exhibits "A" - "J", dated March 17, 1999
AD:eh:mh
SITE
POINSETTIA PROPERTIES
P.A. 5
SDP 98-09/CDP 98-38
BACKGROUND DATA SHEET
CASE NO:SDP 98-09/CDP 98-38
CASE NAME: Poinsettia Properties Planning Area 5
APPLICANT: HSL/BP Michan. L.P.
REQUEST AND LOCATION: 92 affordable apartments near the northwest corner of Avenida
Encinas and Poinsettia Lane
LEGAL DESCRIPTION: Portions of the east half of Section 29 and the west half of
Section 28. Township 12 south. Range 4 west. San Bernardino Base and Meridian, in the City of
Carlsbad. County of San Diego
APN: 214-450-25 Acres: 5.6 Proposed No. of Lots/Units: 92 apartments
GENERAL PLAN AND ZONING
Land Use Designation: RH
Density Allowed: 114 Density Proposed: 92
Existing Zone: RD-M Proposed Zone: NA
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Site
North
South
East
West
Zoning
RD-M
CT
RD-M
C-2
RD-M
Land Use
RH - vacant
TR/RH - vacant
RMH - vacant
C - Kaiser, Volvo
RMH - vacant
PUBLIC FACILITIES
School District: CUSP Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 92 EDU
Public Facilities Fee Agreement, dated: Waived by City Council on 12/8/98
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
Certified Environmental Impact Report, dated.
Other, 15182 residential development pursuant to a specific plan
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Poinsettia Properties Planning Area 5. SDP 98-Q9/CDP 98-38
LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: RH
ZONING: RD-M
DEVELOPER'S NAME: HSL/BP Michan LL.P
ADDRESS: 5055 Avenida Encinas. Carlsbad CA 92009
PHONE NO.: 438-8477 ASSESSOR'S PARCEL NO.: 214-450-25
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 5.6acres
A. City Administrative Facilities: Demand in Square Footage = 312.90sq. ft.
B. Library: Demand in Square Footage = 166.88 sq. ft.
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 20.240 g.p.d.
D. Park: Demand in Acreage = .63 acres
E. Drainage: Demand in CFS = 13.4 cfs
Identify Drainage Basin = Batiquitos Watershed
F. Circulation: Demand in ADT= 552 APT
G. Fire: Served by Fire Station No. = No. 4
H. Open Space: Acreage Provided = NA
I. Schools: CUSP
J. Sewer: Demands in EDU 92EDU
Identify Sub Basin = 22 B
K. Water: Demand in GPD= 20.240 g.p.d.
L. The project is 14 units below the Growth Management Dwelling unit allowance and 22
units below the Specific Plan unit allowance for PA 5.
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 Dubliclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person See attached Corp/Part
Title Title
Address Address
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-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person See attached Corp/Part
Title Title
Address Address
2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (760) 438-O894
3. NON-PROFIT O' ANEATION 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.Bridge Housing Corp. Non Profit/TrustCarol Galante, PresidentLydia ian, vice rresident
Title Susan Johnson, Vice President Title Cort Gross, Vice President
Address * Hawthorne Street, Ste. 400 Address
San Francisco, CA94105-3901
4. Have you had more than S250 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes [x]No 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.
See attached See attached
Signature of owner/date Signature of applicant/date
Print or type nam e of owner Print or type name of appl icant
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
ShMtl
Disclosure Statement Question # 1.
^_
APPLICANT: IHSL/BP/Michan LP, A California Limited Partnership
I5055 Avenida Encinas, Suite 210
Carlsbad, CA 92008
jOwnershio of Applicant in exc sss of 10%-
; j
I
i !
i
l
•
HBM Poinsettia, a California Limited Partnership
Doug Avis — Controlling Principal
15055 Avenida Encinas
Carlsbad. CA 92008
, i :
i 'i i
i i
Other Parties with a financial interest in the Project (
Bridge Housing Corporation
1 Hawthorne Street Suite 400
San Francisco, CA 94105-3901
Disclosure Statement Question # 2.
OWNERS AS TENANCY IN COMMON:
. !
!
I
IIi
i
i
1
I
!
i
1
25.00%
1825%
17.88%
13.75%
25.12%
100%
^
ot 4 of master tentative map):
"
1
Strata/Poinsettia, a California General Partnership
Carlos Michan — controlling principal
4250 Executi -e Square, Suite 440
La Jolla, CA 92037
Benchmark Pacific Poinsettia L.P., a California Limited Partnership
Doug Avis — Controlling Principal
5055 Avenida Encinas
Carlsbad, CA 92008
HSL Properties, Inc., a California Corporation
Humberto S Lopez - controlling principal
1037 So. Alvemon, Suite 200
Tucson, AZ 85711
Strata Equity Corporation, a California Corporation
Carlos Michan - controlling principal
4250 Executive Square, Suite 440
La Jolla. CA 92037
HSL/BP/Michan LP, a California Limited Partnership
Doug Avis - Controlling Principal
5055 Avenida Encinas, Suite 210
Carlsbad, CA 92008
Pagel
HSL/BP/Michan, L.P., a California limited partnership
By: Its General Partner, HBM Poinsettia L.P., a California
limited partnership
By: Its General Partner, Benchmark Pacific Management, Inc.,
a California corporation
Douglas M. Avis, President
Date:
RESOLUTION ADOPTED BY
UNANIMOUS WRITTEN CONSENT
OF
BENCHMARK PACIFIC MANAGEMENT, INC.
May 27,1998
The undersigned as the sole member of :he Board of Directors of BENCHMARK
PACIFIC MANAGEMENT INC., a corporation organized under the General Corporation
Law of California, does by this writing consent to take the following actions and adopt the
following resolution in its capacity as sole general partner of HBM Poinsettia, LP, a
California Limited Partnership which in turn is sole general partner of HSL/BP/Michan
LP, a California Limited Partnership:
WHEREAS, HSL/BP/Michan LP owns certain real property known as the Poinsettia
Properties Specfic Plan Project (Project) in Carlsbad, CA (the City), which property is in
the process of being entitled for residential housing and other;
WHEREAS, the City requires that ceratin applications, agreements and forms (collectively
referred to as Processing Documents) be executed as part of the Project;
WHEREAS, Doug Avis, in his capacity as President of Benchmark Pacific Management
Inc, is vested with the authority to execute various docuemtns in furtherance of the the
legimate business interests of HSL/BP/Michan LP and its general partner, HBM
Poinsettia, LP.
RESOLVED, that the partnership of HfcL/BP/Michan LP., shall from time to time
execute Processing Documents. This resolution gives Douglas M. Avis full authority to
enter into and excute any all Processing Documets on behalf of HSL/BP/Michan LP and
its general partner, HBM Poinsettia LP.
The undersigned directs that this consent be filed with the Minutes of the proceedings of
the Board of Directors of Benchmark Pacific Management Inc.
Dated: May 27,1998
Douglas. M. Avis, ^President of Benchmark Pacific Management Inc.
ATTACHMENT 6
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