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Home My WebLink About1997-07-16; Planning Commission; Resolution 41335 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 e 0 PLANNING COMMISSION RESOLUTION NO. 4133 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOIR AMENDMENT TO A PLANNED DEVELOPMENT PERMIT TO CHANGE FLOOR PLANS, BUILDING PLACEMENT AND ARCHITECTURAL’ ELEVATIONS ON PROPERTY GENERALLY LOCATED IN PLANNING AREA A-3 OF THE POINSETTIA SHORES MASTER PLAN IN LOCAIL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES AREA A-3 CASE NO.: PUD 94-05(A) WHEREAS, Poinsettia Homebuilding Partners, “Developer”, has filc verified application with the City of Carlsbad regarding property owned by KIaiza Poins Corporation, “Owner”, described as Lot 3 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” - “M” dated July 16,19197, on file ir Planning Department, PUD 94-05(A) - Poinsettia Shores Area A-3, as provided by PUD 96 and Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of July 1997, hc duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testin and arguments, if any, of persons desiring to be heard, said Commission considered all fa( relating to the Planned Unit Development Amendment. WHEREAS, on the 20th day of June 1995, the City Council approved PUD I 05, as described and conditioned in Planning Commission Resolution No. 3770. 9 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan 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 Commir 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. 3770 that the project n all the requirements for findings in Carlsbad Municipal Code Section 21.45.072 a 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 Pla Development Amendment because: a. The amendment does not involve a change to the densities 01- boundaric the subject property; b. The amendment does not involve an addition of a new use or group of not shown on the original permit, or the rearrangement of 'uses within development in that the minor amendment consists only of changes to f plans, building placement, and architecture of single family homes that 1 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 spacc landscaping as illustrated in the Staff Report dated July 16, 1 incorporated herein by reference; d. The amendment to architecture and building placement are consistent . all applicable planned development minimum development standards building height, front yard setbacks, and distances between structures a forth in Section 21.45.090 of the Carlsbad Municipal Code; e. The amendment meets all applicable design criteria set forth in Sec 21.45.080 in that it is compatible with other development within Poinsettia Shores Master Plan and residential units have been designe accordance with the City's policy establishing architectural1 guidelines small lot single family homes. ... I i PC RES0 NO. 4133 -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 3. The Planing Director has found that this Subsequent Project was described ir previous Mitigated Negative declaration prepared for MP 175(D) and CT 94-01 ; 1 there will be no additional significant effect, not analyzed therein; AND that no ne 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 2108 1 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”-“M” dated July 16, 1997) on file in the Planning :Department incorporated by this reference, subject to the conditions herein set forth.) All a conditions of approval of PUD 94-05 as stated in Planning Commission Resoh No. 3770 not amended by this action shall remain in full force and effect. Exhibits “A”-“M” dated July 16, 1997 shall replace Exhibits “A”-“M” approve June 20, 1995, for PUD 94-05. Staff is authorized and directed to make, or ret Developer to make, all corrections and modifications to the Planned Unit Develop- document(s), as necessary, to make them internally consistent and in conformity final action on the project. Development shall occur substantially as shown in approved Exhibits. Any proposed development substantially different from this apprc shall require an amendment to this approval. 2. Prior to approval of final map, the Developer shall receive approval of a Co Development Permit Amendment issued by the California Coastal Co.mmission o successor in interest, that substantially conforms to this approval. A signed copy o Coastal Development Permit must be submitted to the Planning Director. If the appr is substantially different, an amendment to PUD 94-05(A) shall be required. I Coastal Development Permit is required, the applicant shall provide evidenc such. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy oJ amended Site Plan as approved by the final decision making body. The amended Plan shall reflect the conditions of approval by the City. The Plan copy shal submitted to the City Engineer and approved prior to building, grading, final may improvement plan submittal, whichever occurs first. 4. If any of the foregoing conditions fail to occur; or if they are, by their terms, tl implemented and maintained over time; if any of such conditions fail to bc implemented and maintained according to their terms, the City shall h.ave the rig1 revoke or modify all approvals herein granted; deny or further condition issuance o future building permits; deny, revoke or further condition all certificates of occup: issued under the authority of approvals herein granted; institute and prosecute litigatic compel their compliance with said conditions or seek damages for their violation. vested rights are gained by Developer or a successor in interest by the City’s approv; this Planned Development Permit Amendment. PC RES0 NO. 4133 9 -3- c 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 a @ PASSED, APPROVED AND ADOPTED at a regular meeting of the plan Commission of the City of Carlsbad, California, held on the 16th day of July 1997, bq following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heinel Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None @,./,/-==".,. &"" ,;i #/ ,$9' i,.<- ./<' .'? tjTa \ &/ #.P "<,$p--.. g JJ! *\= "" I -.. - b/ ".-* ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOTZMIUER Planning Director PC RES0 NO. 4133 -4-