HomeMy WebLinkAbout1998-01-21; Planning Commission; Resolution 4234c
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PLANNING COMMISSION RESOLUTION NO. 4234
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING MINOR
PROPERTY GENERALLY LOCATED IN THE NORTHERN 90
UNITS OF THE 158 UNITS APPROVED FOR PLANNING
NORTH OF BATIQUTOS LAGOON, NORTH OF AVENIDA
ENCINAS, EAST OF THE RAILROAD TRACKS, IN LOCAL
FACILITIES MANAGEMENT ZONE 9, IN THE CITY’S
COASTAL ZONE.
CASE NAME: POINSETTIA SHORES PA B-1
CASE NO.: CP 94-0 1 (A)
WHEREAS, Watt Residential Partners and Carlsbad 90, LLC, “De
CONDOMINIUM PERMIT AMENDMENT CP 94-01 (A) ON
AREA B-1 IN THE POINSETTIA SHORES MASTER PLAN,
has filed a verified application with the City of Carlsbad regarding property owned
Residential Partners, Carlsbad 90, LLC, and Kaka Poinsettia Corporation, “
described as
Parcels A,B,C & D of Carlsbad Minor Subdivision 96-13, in
the City of Carlsbad, County of San Diego, State of California,
according to Parcel Map No. 17825, as filed in the Office of the
County Recorder of San Diego County on February 18,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for i
Condominium Permit Amendment, Poinsettia Shores Planning Area B-1, CP 94-C
shown on Exhibits “A”-“T” dated January 21, 1998, on file in the Planning Depa
provided by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of Janua~
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of persons desiring to be heard, said Commission considered a
1 relating to the Minor Condominium Permit Amendment.
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WHEREAS, on June 13, 1995, the City Council approved CP 91
described and conditioned in Planning Commission Resolution No. 3758.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
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 Con
APPROVES Poinsettia Shores Planning Area B-1, CP 94-01(A, base
following findings and subject to the following conditions:
Findings:
1. All of the Findings made and adopted with Planning Commission Resolu
3758 for CP 94-01 are still valid and applicable and are hereby incorpol
reference.
2. The proposed amendment qualifies as a Minor Amendment as outlined in
21.45.160(a)(3) of the zoning ordinance since no changes greater than 3
proposed for any of the currently approve yards, lot coverage, building heig
space and/or landscaping on a unit-by-unit basis. In addition, no chal
proposed to the approved densities, site boundaries, allowed uses or arrangc
uses.
3. That the Planning Director has determined that the project is exempt 1
requirements of the California Environmental Quality Act (CEQA) per
15061(b)(3) of the state CEQA Guidelines and will not have any adverse si
impact on the environment.
Conditions:
Planning Conditions
1. Staff is authorized and directed to make, or require Developer to make, all correc
and modifications to the Minor Condominium Permit Amendment document(;
necessary, to make them internally consistent and in conformity with final actic
the project. Development shall occur substantially as shown in the appl
Exhibits. Any proposed development different from this approval, shall requi
amendment to this approval.
2. The project shall comply with all the conditions of approval for the
entitlements associated with Area B-1; specifically, the conditions of 1
Commission Resolutions No. 3757 and 3758 (approving CT 94-08 and C
PC RES0 NO. 4234 -2-
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respectively) shall be complied with. In addition, this project shall comply
of the provisions associated with the pending Final Map approval of Area B.
3. Prior to the issuance of building permits for any of the units associated 1
entitlement, CP 94-01(A), the CC&Rs associated with the Final Map apF
Area B-1 (CT 94-08) shall be formally amended to the satisfaction of the 1
Director to include the following listed elements. The following provisic
apply to all 158 units of Area B-1. As part of the building permit subn
Planning Department review, a copy of the recorded CC&Rs shall be s1
along with a summary sheet that outlines where in the CC&R docun
following required elements are located:
a) Reference shall be made to the existence and purpose of the Tre
CoverEence Plan Exhibits. Specifically state that “only those dwell
designated as potentially having a trellidpatio cover may apply
subject to the TrellisPatio Cover Plan. Balconies and decks
regulated by the trellidpatio cover/fence plan.
b) State that no enclosed or unenclosed additions may be allowed at anj
any owners, successors in interest, and/or occupants, except
allowances outlined in the TrellisPatio CoverEence Plan.
c) Integrate the provision required by Engineering Department Condi
7.
4. Prior to the issuance of any building permits, Developer shall submit to tk
Notice of Restriction to be filed in the office of the County Recorder, subje
satisfaction of the Planning Director, notifying all interested parties and succ
interest that the City of Carlsbad has issued a Minor Condominium
Amendment by Resolution No. 4234 on the real property owned by the Develol
Notice of Restriction shall note the property description, location of the file cc
complete project details and all conditions of approval as well as any cond
restrictions specified for inclusion in the Notice of Restriction including
reference to, and a statement of the purpose of, the TrellisPatio Cover P
Planning Director has the authority to execute and record an amendment to tl
which modifies or terminates said notice upon a showing of good cause by the D
or successor in interest.
5. The Developer shall display a current Zoning and Land Use Map in the sales ofl
times, or suitable alternative to the satisfaction of the Planning Director. In addi
sales office shall prominently display the Trellish’atio Cover Plan to the sat
of the Planning Director. Prior to the issuance of occupancy of any 1
inspection shall be made by Planning staff to ensure compliance with this c(
During the course of subsequent final inspections and occupancy apprc
Planning staff, random monitoring and periodic inspections of the sales ofj
be made by Planning staff to ensure the continued compliance with this c(
If compliance is not demonstrated at any time, occupancy approvals by 1
~ PC RES0 NO. 4234 -3 -
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e e
shall be suspended until resolution is achieved to the satisfaction of the
Director.
Engineering - - Conditions
6. All conditions and requirements of CT 94-08, CP 94-01 and MP 175(D) ar
incorporated in this amendment. This approval is not considered a separs
or isolated development with respect to grading or improvement require
Planning Area B-1.
7. The developer shall provide an acceptable means for maintaining the private 6
within the subdivision and all the private: streets, sidewalks, street lights, st(
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties v
subdivision. Adequate provision for such maintenance shall be included with thc
subject to the approval of the City Engineer.
8. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatio]
9. Rain gutters must be provided to convey roof drainage to an approved drainage
street to the satisfaction of the City Engineer.
10. The developer shall pay all current fees and deposits required.
11. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro
management practices as referenced in the "California Storm Water Best Ma
Practices Handbook" to reduce surface pollutants to an acceptable level prior to I
to sensitive areas. Plans for such improvements shall be approved by the City :
Said plans shall include but not be limited to notifying prospective owners and ti
the following:
a. All owners and tenants shall coordinate efforts to establish or WI
established disposal programs to remove and properly dispose of tl
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints, paint thinners, wood preservatives, and 01
fluids shall not be discharged into any street, public or private, or into st(
~r storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their r
containers.
I PC RES0 NO. 4234 -4-
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c. Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvement:
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not
the following:
12. The developer shall exercise special care during the construction phase of this
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the pla
Commission of the City of Carlsbad, California, held on the 21st day of January 1998,
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Monroy, Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
x
BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
I ATTEST:
MICHAEL J. HOMMILMR
Planning Director
PC RES0 NO. 4234 -5-