HomeMy WebLinkAboutCDP 00-18; Poinsettia Lane Reach C Stockpile; Coastal Development Permit (CDP) (3)City of Carlsbad
Planning Department
September 12, 2000
Mr. Arie de Jong
622 E Mission Rd
San Marcos CA 92069
SUBJECT: LETTER REGARDING CONDITIONS OF APPROVAL FOR CDP
00-18 - POINSETTIA LANE REACH C STOCKPILE
The Planning Department has received your correspondence, dated September
8, 2000, regarding Condition of Approval number 15 of the Minor Coastal
Development Permit CDP 00-18 for the Poinsettia Lane Reach C Stockpile (copy
attached). The condition you reference in your letter is actually an Engineering
Department condition and all questions and correspondence related to that
condition should be referred to the Project Engineer, Clyde Wickham, or
management representatives of the Land Use Review Division of Engineering.
To facilitate communication, your correspondence has been forwarded to the
Project Engineer as well as Bob Wojcik, Deputy City Engineer, Land Use Review
Division. Please feel free to contact me if you have any questions regarding the
Planning Department conditions of approval.
Sincerely,
MICHAEL
Senior Planner
C: Michael Holzmiller
Bob Wojcik
Chris DeCerbo
Skip Hammann
Clyde Wickham
File Copy
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
Arie de Jong • 622 East Mission Road • San Marcos, California 92069
September 8,2000
Mr. Michael Holzmiller, Planning Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
RE: Condition of Approval 15, Minor Coastal Development Permit CDP 00-18
Poinsettia Lane Reach C Stockpile for Arie de Jong Jr. Family Trust
I am writing in response to condition of approval 15 of CDP 00-18, dated July 14,2000,
which requires the dedication of right of way for Poinsettia Lane. This requirement
appears to activate condition 38 of Planning Commission Resolution 4506
"Reimbursement Agreements" in that it requires the dedication of right of way for
Poinsettia Lane. As you will note the condition requires that the agreement " must be
approved prior to dedication of right of way and prior to the beginning of construction."
It is also my understanding that the relationship between the required dedication and the
impact of a proposed project must be proportional. The traffic demand associated with
the approved level of development does not justify dedication of right of way necessary
for construction of an arterial width roadway. The cost of the excess right of way
required to serve the areas traffic should be borne by the Aviara Parkway/Poinsettia Lane
Bridge and Thoroughfare Benefit District and credited via the required reimbursement
agreement
It is my understanding that reimbursement applicable only to oil-site improvements for
Poinsettia Lane has two components. (1) value of the right of way (land) actually being
dedicated, which in this case consists of the half width of Poinsettia actually located on
my property which would be a width of 51 feet along the entire length of the southern
boundary of my property and (2) the cost of full half width improvements to include
grading and drainage improvements, A.C. paving and base, curb, gutter and sidewalk,
public utilities, median hardscape, irrigation and landscaping within this arterial roadway.
My further understanding is that one-half of the value of both above components is
equivalent to the value of the excess right of way required to serve area traffic. This
excess right of way cost burden should be borne by the Aviara Parkway/Poinsettia Lane
Bridge and Thoroughfare Benefit District. Any Bridge and Thoroughfare Benefit District
fees attributable to my approved lots should be a credit to both above cost components
and any cost in excess of the fee credit for either component should be subject to
reimbursement. In 1999 the City completed an MAI appraisal on the value of the half
width dedication. I would request that the City provide me the results of that appraisal so
we may possibly mutually agree to use the appraisal as a basis for calculating component
(1) above.
Printed on Recycled Paper
I am willing to make the requested dedication concurrently with completion of a
reimbursement agreement as outlined above which is consistent with my approved
tentative map conditions. Said reimbursement agreement would only apply to the on-site
Poinsettia Lane improvements as my requested stockpile permit only pertains to
Poinsettia Lane improvements located within my property limits.
If this is acceptable please prepare a formal reimbursement agreement for my signature.
If any clarifications are needed or if we need a formal meeting to discuss the above
please give me a call at (760) 744-3222 Ex. 171.
Sincerely,
Mr. Gary Wayne, Assistant Planning Director
Mr. David Hauser, Deputy City Engineer
Jack Henthorn
David R. Shibley
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
LAND USE REVIEW
April 21, 2000
TO: Senior Planner- DON NEU
FROM: Associate Engineer - Land Development Sectio
VIA: Deputy City Engineer - Land Use Development
CDPOO-18: DEJONG STOCKPILE PERMIT
PROJECT APPROVAL AND CONDITIONS TRANSMITTAL
Engineering Department staff has completed the review of the above-referenced project and are
recommending:
X That the project be approved subject to the conditions as listed on the attached sheet.
That the project be denied for the following reasons:
LAND DEVELOPMENT SECTION
Project Report
PROJECT ID: CDPOO-18
PROJECT NAME: DEJONG STOCKPILE
LOCATION: North side of Poinsettia Lane and east side of Black Rail Road
BRIEF DESCRIPTION: This is a Coastal Development permit to allow a temporary 115,000
cubic yard stockpile.
ENGINEERING ISSUES AND DISCUSSION:
SOILS & GRADING:
Quantities:
Import/Fill: 15,000 cy
Permit required: Yes
Off-site approval required: Yes
Hillside grading requirements met: N/A
Comment: The proposed import of 15,000 cubic yards of fill will offset the
approved and anticipated import of 167,700 cubic yards as identified on the
approved subdivision, CT 98-05. The stock pile will also assist the development of
Poinsettia Lane.
DRAINAGE AND EROSION CONTROL:
Drainage basin: C
Erosion Potential: Moderate
Comment: There are erosion control and design requirements conditioned to
address the potential silt run off that could occur.
CDP 99- 47 : STOCKPILE PERMIT POINSETTIA LANE REACH "C"
PROJECT REPORT AND CONDITIONS TRANSMITTAL
PROJECT ID: CDP 99 - 47
PROJECT NAME: STOCKPILE PERMIT POINSETTIA LANE REACH "C"
LOCATION: On Poinsettia Lane east of Black Rail Road and also north of Poinsettia Lane
BRIEF DESCRIPTION : A temporary stockpile permit to accommodate project earthwork and
road fill for Poinsettia Lane.
ENGINEERING CONDITIONS OF APPROVAL
45. The developer shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from 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 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.
46. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
Fees/Agreements
50. The developer shall pay all current fees and deposits required.
55. The owner shall execute a Stockpile agreement as required per section 15.16.150 of
the Municipal Code.
Grading
58. Based upon a review of the proposed application, a stockpile grading permit is
required, (the developer must submit and receive approval for grading plans in
accordance with city codes and standards prior to issuance of a stockpile grading
permit for the project.)
61. No grading for private improvements shall occur outside the limits of the subdivision
unless a grading or slope easement or agreement is obtained from the owners of the
affected properties and recorded. If the developer is unable to obtain the grading or
slope 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 project site in a manner which substantially conforms to the approved
tentative map as determined by the City Engineer and Planning Director.
Dedications/Improvements
63. 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 the City Engineer.
70. The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the "California Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the City
Engineer. Said plans shall include but not be limited to notifying prospective owners and
tenants of the following:
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.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
such fluids shall not be discharged into any street, public or private, or into
storm drain or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
79. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
FILE COPY
City of Carlsbad
Planning Department
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
July 14, 2000
Arie deJong, Jr. Family Trust
622 E. Mission Rd
San Marcos, CA 92069
SUBJECT: CDP 00-18 - POINSETTIA LANE REACH C STOCKPILE
The City has completed a review of the application for a Minor Coastal Development Permit for
the proposed stockpile located at
It is the Planning Director's determination that the project, Poinsettia Lane Reach C Stockpile,
CDP 00-18, is consistent with the applicable City's Coastal Development Regulations (Chapters
21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning
Director, therefore, APPROVES this request based upon the following:
Findings:
1. That the total cost of the proposed development is less than $60,000.
2. That the proposed development requires no discretionary approvals other than a Minor
Coastal Development Permit.
3. That the development has no adverse effect individually or cumulatively on coastal
resources or public access to the shoreline or the coast, in that: the site is vacant and
previously disturbed; does not contain prime agricultural lands or other coastal
resources; and is 1.8 miles from the Pacific Ocean, thereby not containing opportunities
for coastal access from the site.
4. That the proposed development is in conformance with the Mello II Certified Local
Coastal Program and all applicable policies in that the site is approved for future
development of a single family residential neighborhood and a major arterial roadway
(Poinsettia Lane).
5. That the development is in conformity with the public access and public recreation
policies of Chapter 3 of the Coastal Act, in that the project site is located 1.8 miles form
the Pacific Ocean and no opportunities for coastal access or recreation are available
from the subject site.
6. That this request for a minor coastal development permit was adequately noticed at
least fifteen (15) working days before the date of this decision (from May 9, 2000 to July
10, 2000) pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal
Development Regulations.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-46OO • FAX (76O) 602-8559
CDP 00-18 - POINSETTIA LANE REACH C STOCKPILE
July 14, 2000
Page 2
7. The Planning Director has determined that
a. the project is a project for which a Mitigated Negative Declaration was
previously adopted [15162].
b. this project is consistent with the project cited above;
c. Mitigated Negative Declaration CT 98-05 - DeJong Subdivisions was
approved in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration;
e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or
15163 exist;
8. The subject site is located in the Coastal Resource Protection Overlay Zone, however,
due to the absence of slopes steeper than 25% inclination and/or native vegetation,
additional submittals, standards or requirements do not apply. The project does not
require a grading permit.
Conditions:
1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit,
CDP 00-18, for the project entitled "Poinsettia Lane Reach C Stockpile". (Exhibit A),
dated June 16, 2000, on file in the Planning Department and incorporated by this
reference, subject to the conditions herein set forth. Staff is authorized and directed to
make, or require the Developer to make, all corrections and modifications to the Minor
Coastal Development Permit documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development
substantially different from this approval, shall require an amendment to this approval.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval
of this CDP 00-18.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Minor Coastal Development Permit documents,
as necessary to make them internally consistent jand in conformity with the final action
on the project. Development shall occur substantially as shown on the approved
Exhibits. Any proposed development different from this approval, shall require an
amendment to this approval.
CDP 00-18 - POINSETTIA LANE REACH C STOCKPILE
July 14, 2000
Paqe3
4. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Minor Coastal
Development Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions.
7. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
8. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions
and requirements the City Engineer may impose with regards to the hauling operation.
9. The developer shall pay all current fees and deposits required.
10. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
11. The owner shall execute a hold harmless agreement for geologic failure.
12. Based upon review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. The preliminary soils
report has identified debris, old cars and trash to be removed and disposed of
offsite. The grading plans for this project shall reflect the areas of removal and
shall conform to the recommendations contained in the Preliminary Geotechnical
Investigation, dated January 12,1998.
13. Prior to the issuance of a grading permit, the developer shall submit proof that a Notice
of Intention has been submitted to the State Water Resources Control Board.
14. Additional drainage easement 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 the City Engineer.
15. The owner shall make an offer of dedication to the City for Poinsettia Lane and
easements required by these conditions or shown on the Stockpile Plan. All land so
offered shall be granted to the City free and clear of all liens and encumbrances and
CDP 00-18 - POINSETTIA LANE REACH C STOCKPILE
July 14, 2000
Page 4
without cost to the City. Streets that are already public are not required to be
rededicated.
16. Direct access right for all lots abutting Poinsettia Lane shall be waived on the easement
required above. The only exception to this condition is the access to SDG&E
facilities and to any public trail system.
17. The developer shall comply with the City's requirement of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the "California Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to
discharge in sensitive areas. Plans for such improvements shall be approved by the
City Engineer. Said plans shall include, but not be limited to, notifying prospective
owners and tenants of the following:
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.
B. Toxic chemical or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinner, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Code Reminder:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
18. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
c: Gary Wayne
Chris DeCerbo
Bobbie Hoder
i^File Copy
Coastal Commission
Arie de Jong • 622 East Mission Road • San Marcos, California 92069
April 17,2000
Mr.GaryWayne RECEIVED
Assistant Planning Director
City of Carlsbad APR 19 2000
1635 Faraday Avenue _ C1TY QF CARLSBAD
Carlsbad, California92008-7314 PLANNING DEPT
Ph: (760)602-4601 Fax: (760)602-8559
Re: Stockpile permit for the de Jong 32.9 acre parcel APN 215-080-01 at Poinsettia &
Black Rail Road
Dear Wayne:
Per your request to David R. Shibley at his meeting with you on April 14,20001 am providing
this letter.
I hereby request that the City of Carlsbad issue me a stockpile permit allowing me to deliver
36,000 cubic yards of soil from a property I own in the City of San Marcos at 1370 San Marcos
Blvd to my land at Poinsettia & Black Rail Road in Carlsbad. I will be placing the soil beneath
the future roadbed of Poinsettia Lane.
I own both properties so I will be incurring no cost for the soil. I have an approved grading
permit from the City of San Marcos and have had a soils evaluation performed by Geotechnical
Exploration, Inc. I have also had a Phase I Environmental Report and analytical laboratory tests
done on the San Marcos property by PIC Environmental Services.
Jack Henthorn and Associates has made all the necessary applications for the stock pile permit
and the engineering has been done by Hunsaker. Geotechnical Exploration, Inc. will be
overseeing placement of the soil.
Sincerely,
Cc: Dave Shibley
Jack Henthorn
Printed on Recycled Paper
jack Henthorn & Associates
5375 Avenida Enemas, Suite D
Carlsbad, CA 92008
(760) 438-4090
Fax (760) 438-098]
Memorandum
To: DON NEU, CITY OF CARLSBAD
PLANNING DEPARTMENT
FROM: CHANG SIVILAY
SUBJECT: AVIARA PARKWAY/POINSETTIA LANE STOCKPILE PERMIT
DATE: MARCH 27, 2000
Enclosed is the submittal for the Administrative Coastal Development Permit for the Aviara
Parkway stockpile permit placed on the de Jong site for future use in the construction for
Poinsettia Lane. The stockpile will be located completely within the limits of grading of the
previously approved de Jong project, CT 98-05. There will be no additional environmental
impacts than what was considered and approved with that projects negative declaration. A
Public Facilities Fee Agreement has already been recorded on the de Jong parcel and shows up in
the current preliminary title report as item #14- There are no associated traffic, hydrology,
geotechnical, biological, or acoustical impacts associated with the stockpile request, thus no
additional studies are included. There will not be any impacts to sewer, water, or school facilities
so availability letters were not included.
Cc: Don Neu
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