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Home My WebLink About1997-07-16; Planning Commission; Resolution 4134/I 0 e I 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 PLANNING COMMISSION RESOLUTION NO. 4134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINO:R AMENDMENT TO A PLANNED DEVELOPMENT PERMIT TO CHANGE FLOOR PLANS, BUILDING FOOTPRINT!;, AND ARCHITECTURAL ELEVATIONS ON PROPERTY POINSETTIA SHORES MASTER PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES AREA A-4 CASE NO.: PUD 94-06(A) WHEREAS, Poinsettia Homebuilding Partners, “Developer”, has fill verified application with the City of Carlsbad regarding property owned by Maiza Poins Corporation, “Owner”, described as GENERALLY LOCATED IN PLANNING AREA A-4 OF THE Lot 4 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 July 16, 1997, on file ir Planning Department, PUD 94-06(A) - Poinsettia Shores Area A-4, as provided by PUD 91 and Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of July 1997 anc the 6th day August 1997, hold a duly noticed public hearing as prescribed by law to cons 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 fac relating to the Planned Unit Development Amendment. I ~ , 0 0 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 WHEREAS, on 11th day of July 1995, the Planning Comm.ission appl PUD 94-06, as described and conditioned in Planning Commission Resolution No. 3772. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar 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 94-01 based on the following findings and subject to the following conditions: Findings: 1. All findings set forth in Planning Commission Resolution No. 3772 that the project n all the requirements for findings in Carlsbad Municipal Code Section 21.45.072 E 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 or 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 i plans, building placement, and architecture of single family homes that I previously approved on single family lots; c) The amendment does not involve changes greater than ten percent a project wide basis in approved yards, coverage, height, open spact 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 1 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 designel PC RES0 NO. 4134 -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 i 26 I, 28 27 0 e accordance with the City’s policy establishing architectural guideline! small lot single family homes. 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; I 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 21081 findings are requi 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 July 16, 1997) on file in the Planning Department incorporated by this reference, subject to the conditions herein set forth.) All o conditions of approval of PUD 94-06 as stated in Planning Commission Resolu No. 3772, not amended by this action, shall remain in full force and effect. ; Exhibits “A”-“I” dated July 16, 1997 shall replace Exhibits “A”-“K” approve4 July 11, 1995, for PUD 94-06. Staff is authorized and directed to make, or rec 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 Commission o successor in interest, that substantially conforms to this approval. A signed copy ol Coastal Development Permit must be submitted to the Planning Director. If the appr is substantially different, an amendment to PUD 94-06(A) shall be required. 11 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 of 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 shall submitted to the City Engineer and approved prior to building, grading, final map improvement plan submittal, whichever occurs first. 4. If any of the foregoing conditions fail to occur; or if they are, by their terms, tc implemented and maintained over time; if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the righ revoke or modify all approvals herein granted; deny or hrther condition issuance oJ future building permits; deny, revoke or further condition all certificates of occupa issued under the authority of approvals herein granted; institute and prosecute litigatio I PC RES0 NO. 4134 -3 - II a 0. 1 2 3 4 5 6 7 8 9 10 11 12 ~ 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the plan Commission of the City of Carlsbad, California, held on the 6th day of August 1997, b! following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heine: Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None 13 14 CARLSBAD PLANNING COMMISSION ' 5 RGBERT NIELSEN, Chairperson f I! n /,*LC< Q .."n ~~*~="-F2~\$*?. 1 LL 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ ATTEST: I I MICHAEL J. H~LZM~LER Planning Director I ~ PC RES0 NO. 4134 -4-