The URL can be used to link to this page

Home My WebLink About1998-08-05; Planning Commission; Resolution 43054 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ‘1 7 18 19 20 21 22 23 24 25 26 27 28 0 PLANNING COMMISSION RESOLUTION NO. 4305 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 97-06 ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST SIDE OF AVENIDA ENCINAS AND IMMEDIATELY EAST OF THE AT&SF RAILWAY IN LOCAL FACILITIES MANAGEMENT ZONE 9 CASE NAME: POINSETTIA SHORES AREA D CASE NO.: CP 97-06 WHEREAS, Kaka Poinsettia Corporation, “Developer”, has filed a application with the City of Carlsbad regarding property owned by Kaka PC Corporation, “Owner”, described as Lot 8 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 Plan: Development Permit as shown on Exhibit(s) “A” - “L” dated August 5, 1998 ,on fi Planning Department, POINSETTIA SHORES AREA D, CP 97-06 as provided by 21.45/2 1.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of July 199; the 5th day of August 1998 hold a duly noticed public hearing as prescribed by law to 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 relating to the Planned Unit Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: 0 0 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES POINSETTIA SHORES AREA D, CP 97-06 based following findings and subject to the following conditions: Findings: 1. That the granting of this permit will not adversely affect and will be consisl Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master p all adopted plans of the City and other governmental agencies, in that the p consistent with the Poinsettia Shores Master Plan which is the approved document for the project site and which implements the City’s General P use designation (RM) for the site. 2. That the proposed use at the particular location is necessary and desirable to 1 service or facility which will contribute to the long-term general well-bein neighborhood and the community, in that the proposed use (single-family res is the type of use anticipated and approved for the subject site by the a Poinsettia Shores Master Plan. 3. That such use will not be detrimental to the health, safety, or general welfare o- residing or working in the vicinity, or injurious to property or improvemen vicinity, in that the project has been designed to comply with all applica standards and regulations for the proposed residential development. 4. That the proposed Planned Development meets all of the minimum devl standards set forth in Chapter 21.45.090, the design criteria set forth in Section 2 and has been designed in accordance with the concepts contained in tht Guidelines Manual, in that the project provides adequate setbacks, storage a1 resident and guest parking on-site and provides RV parking and a recreation area at a central location in the Master Plan. 5. That the proposed project is designed to be sensitive to and blend in with thl topography of the site, and maintains and enhances significant natural resourcc site, in that the site is a flat, pre-graded site which contains no natural resour 6. That the proposed project’s design and density of the developed portion of tl compatible with surrounding development and does not create a disharmo disruptive element to the neighborhood, in that the project density of 6.2 consistent with the density allowed by the Master Plan (8 du/ac) and is COI with future surrounding development, which will also be single-family re and will be developed at the RLM and RM density. PC RES0 NO. 4305 -2- .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 0 e 7. That the project’s circulation system is designed to be efficient and well integrz the project and does not dominate the project, in that the circulation system con! single 36”wide street and a series of 24”wide private drives which mini] amount of paving necessary to provide the necessary access to the units anc dominate the project area. Conditions: 1. Approval of CP 97-06 is granted subject to the approval of CT 97-19 and CD CP 97-06 is subject to all conditions contained in Planning Commission Res No. 4304 and 4306 for CT 97-19 and CDP 97-48. 2. This approval shall become null and void if building permits are not issued project within 24 months from the date of project approval. NOTICE Please take NOTICE that approval of your project includes “imposition” of the follom dedications, reservations, or other exactions. All fees herein imposed are payable at Permit issuance, except Drainage Fees, which are paid prior to final map approval. The set forth below are estimates; the final, actual amount due may vary, depending on tl formula variables, including the fee itself, at time of payment. The City reserves the modify the fee, dedication, reservation, exaction, or an element thereof, to the extent I. by law. You have 90 days from August 5, 1998, as defined by the Code of Civil Procedure Notice pursuant to Carlsbad Municipal Code Section 1.16.010(f), to protest imposition fee/exactions. If you protest them, you must follow the protest procedure set Government Code Section 66020(a), and file the protest and any other required informal the City Manager for processing in accordance with Carlsbad Municipal Code Section : Failure to timely follow that procedure will bar any subsequent legal action to attack, re aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees and < DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1 zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any fees or exactions of which you have previou given a NOTICE similar to this, or as to which the statute of limitations has pr otherwise expired. .... ~ .... PC RES0 NO. 4305 -3 - # .. .. 1 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 Commission of the City of Carlsbad, California, held on the 5th day of August 1991 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, 1L Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: #?=. ,p,?\ 87' I' ? .:"..,. -,; .', pi.- an*%,.., $ , p ,+?? us,~~~,+~~:~.~p :;/;.,. .; ii r. J :\ _. ~. I.. .- - .,. ,. 25 dl -P BAILEY NOfiE, Chairperson ,<-. Ub. *X ,Z? 1 ,> 17 - <;.<x's . .;;. CARLSBADPLANNING COMMISSION ATTEST: v MICHAEL J. HOLZMILMR Planning Director PC RES0 NO. 4305 -4-