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Home My WebLink About1997-06-18; Planning Commission; Resolution 4125&- II e 0 “ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 33 PLANNING COMMISSION RESOLUTION NO. 4125 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR AMENDMENT TO A PLANNED DEVELOPMENT PERMIT TO CHANGE FLOOR PLANS, BUILDING FOOTPRINTS, AND ARCHITECTURAL ELEVATIONS ON PROPERTY GENERALLY LOCATED IN AREA A-2 OF THE POINSETTIA SHORES MASTER PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES AREA A-2 CASE NO.: PUD 94-04(A) WHEREAS, Poinsettia Homebuilding Partners, “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Poinsettia Home Bu Partners, “Owner”, described as Lot 2 of Carlsbad Tract No. 94-01, Poinsettia Shores Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13181, filed in the office of the County Recorder of San Diego County on January 26,1995. (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Development Amendment as shown on Exhibit(s) “A” - ”I” dated June 18, 1997, on file Planning Department, PUD 94-04(A) - Poinsettia Shores Area A-2, as provided by C 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June, 1997 a duly noticed public hearing as prescribed by law to consider said request; and LL II 23 25 and arguments, if any, of persons desiring to be heard, said Commission considered all : 24 WHEREAS, at said public hearing, upon hearing and considering all test relating to the Planned Unit Development Amendment. 26 27 WHEREAS, on 15th day of March, 1995, the Planning Commission apl PUD 94-04, as described and conditioned in Planning Commission Resolution No. 3574. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plal Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commi APPROVES Minor Planned Unit Development Amendment, PUD 94-0 based on the following findings and subject to the following conditions: Findings: 1. All findings set forth in Planning Commission Resolution No. 3574 that the project : all the requirements for findings in Carlsbad Municipal Code Section 21.45.072 equally to this amended project, and are incorporated by this reference. 2. The proposed Amendment qualifies as, and is hereby found to be, a Minor P1; Development Amendment because: a) The amendment does not involve a change to the densities or boundar the subject property; b) The amendment does not involve an addition of a new use or group o not shown on the original permit, or the rearrangement of uses withi development in that the minor amendment consists only of changes to plans, building placement, and architecture of single family homes that previously approved on single family lots; c) The amendment does not involve changes greater than ten percent project wide basis in approved yards, coverage, height, open spa landscaping as illustrated in the Staff Report dated June 18, incorporated herein by reference; d) The amendment to architecture and building placement are consisten? all applicable planned development minimum development standarc building height, front yard setbacks, and distances between structures forth in Section 21.45.090 of the Carlsbad Municipal Code; e) The amendment meets all applicable design criteria set forth in S 21.45.080 in that it is compatible with other development withi Poinsettia Shores Master Plan and residential units have been desigl accordance with the City’s policy establishing architectural guidelin small lot single family homes. 3. The Planing Director has found that this Subsequent Project was described previous Mitigated Negative declaration prepared for MP 175(D) and CT 94-01; PC RES0 NO. 4125 1 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 there will be no additional significant effect, not analyzed therein; AND that no nc additional mitigation measures or alternatives are required; AND that therefore Subsequent Project is within the scope of the prior Mitigated Negative Declaration no new environmental document nor Public Resources Code 21081 findings are requ Conditions: 1. The Planning Commission does hereby APPROVE the Minor Planned Development Amendment for the project entitled Poinsettia Shores Area (Exhibit(s) “A”-“I” dated June 18, 1997) on file in the Planning Departmenl incorporated by this reference, subject to the conditions herein set forth.) All ( conditions and approvals of PUD 94-04 as stated in Planning Commi Resolution No. 3574, not amended by this action, shall remain in full forct effect. Said Exhibits “A”-“I” dated June 18, 1997 shall replace Exhibits “A! approved on March 15,1995, for PUD 94-04. Staff is authorized and directed to I or require Developer to make, all corrections and modifications to the Planned Development document(s), as necessary, to make them internally consistent a conformity with final action on the project. Development shall occur substantia shown in the approved Exhibits. Any proposed development substantially different this approval, shall require an amendment to this approval. 2. Prior to approval of final map, the Developer shall receive approval of a Cl Development Permit Amendment issued by the California Coastal Commission successor in interest, that substantially conforms to this approval. A signed copy ( Coastal Development Permit must be submitted to the Planning Director. If the apy is substantially different, an amendment to PUD 94-04(A) shall be required. Coastal Development Permit is required, the applicant shall provide eviden such. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy I amended Site Plan as approved by the final decision making body. The amendec Plan shall reflect the conditions of approval by the City. The Plan copy Sh; submitted to the City Engineer and approved prior to building, grading, final m; improvement plan submittal, whichever occurs first. 4. If any of the foregoing conditions fail to occur; or if they are, by their terms, implemented and maintained over time; if any of such conditions fail to l implemented and maintained according to their terms, the City shall have the ri: revoke or modify all approvals herein granted; deny or further condition issuance future building permits; deny, revoke or further condition all certificates of occu issued under the authority of approvals herein granted; institute and prosecute litigai compel their compliance with said conditions or seek damages for their violatio vested rights are gained by Developer or a successor in interest by the City’s appro this Planned Development Permit amendment. I ... PC RES0 NO. 4125 -3- 1 0 e l PASSED, APPROVED AND ADOPTED at a regular meeting of the plar 2 following vote, to wit: 3 Commission of the City of Carlsbad, California, held on the 18th day of June 1997, b 4 5 AYES: Chairperson Nielsen, Commissioners Compas, Heine Monroy, Noble, Savary and Welshons 6 7 8 9 10 11 i 12 13 14 15 16 17 18 20 19 21 22 23 24 25 26 27 28 NOES: None ABSENT: None ABSTAIN: None - -,::ar ,,ss,+dL.w, /- ,,+-F I. /,,- +. -".+ ,-.+@-,.A' .*:,*~8 -"*" :I_, I f -" ', f7 \~ r__. "-"=.".' zL.. i_ ."'...e - ,. -.. .. ROB~KT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: L Planning Director PC RES0 NO. 4125 -4-