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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 Page 1 of 1