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Home My WebLink About1999-01-20; Planning Commission; Resolution 4462\ < 0 e 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. 4462 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT TO SUBDIVIDE 11.2 ACRES INTO 40 LOTS AND 56 CONDOMINIUMS ON PROPERTY GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS BETWEEN WINDROSE CIRCLE AND 1-5 IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES PLANNING AREA C CASE NO. : CP 98-05 WHEREAS, Greystone Homes, Inc., “Developer”, has filed a application with the City of Carlsbad regarding property owned by Greystone Horr “Owner”, described as: Those portions of Lots 1 and 2 and the street between said lots a: shown on Parcel Map No. 13653 in the City of Carlsbad, County o San Diego, State of California, filed in the Office of the CounQ Recorder of San Diego County, January 31, 1985 as file no. 85- 033316 of official records, lying easterly of the northeasterly line oj Carlsbad Tract 85-14, Phase 1 (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Diego, State oi California, according to Map thereof No. 11616, filed in the Comb Recorder of San Diego County, September 12,1986. (“the Property”); and WHEREAS, said verified application constitutes a request for a Condr Permit as shown on Exhibit(s) “A” - “EE” dated January 20, 1999, on file in the Department, POINSETTIA SHORES PLANNING AREA C, CP 98-05, as pro\ Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of Januar hold a duly noticed public hearing as prescribed by law to consider said request; and .. a 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, at said public hearing, upon hearing and considering all t and arguments, if any, of persons desiring to be heard, said Commission considered 2 relating to the Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 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 Co: AREA C, CP 98-05, based on the following findings and subject to the i conditions: RECOMMENDS APPROVAL of POINSETTIA SHORES PLI Findincs: 1. All findings of Resolution No. 4461 for CT 98-06 are incorporated hl reference. 2. That the granting of this permit will not adversely affect and will be consis Chapter 21.45 of Title 21, the General Plan and all adopted plans of the City : governmental agencies, in that the multi-family project is consistent 1 Residential Medium 0 density land use designation and Poinsettir Master Plan and in compliance with all applicable development standa design criteria. 3. 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 project contributes to housing in the Master Plan area and is consistent with existing single family develol the surrounding community. 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: 1) the project is consistent with applicable dew standards for building height, setbacks, private recreational space, priva widths, and guest parking; 2) the terraced project design is oriented and r the hillside topography; 3) duplex lotshnits are consistent with surround uses, circulation patterns and open space in accordance with the Poinsetti Master Plan; 4) the internal 32’ wide single loaded street system is designel safe and efficient flow of vehicles throughout the project; and 5) the e architectural design is consistent with surrounding development wil Poinsettia Shores Master Plan boundaries. I PC RES0 NO. 4462 -2- v 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5. 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 is conditioned to conform to all design and dew standards required by the Carlsbad Municipal Code. 6. That the proposed project’s design and density of the developed portion of t: compatible with surrounding development and does not create a disharmc disruptive element to the neighborhood, in that the project design is consisl surrounding single family development, and the proposed density of 5.8 unitdacre is within the Residential Medium (RM) density range and does nl the Growth Management control point. 7. That the project’s circulation system is designed to be efficient and well integr the project and does not dominate the project, in that private gates and st1 designed to City standards and provide direct access to all units. Guest spaces are provided on single-loaded streets or in bays throughout the p avoid impacts to surrounding areas and pedestrian circulation (sidewalks) i a publicly dedicated trail through the project is included. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all c( and modifications to the Condominium Permit document(s), necessary to m8 internally consistent and in conformity with final action on the project. Dev shall occur substantially as shown in the approved Exhibits. Any proposed dev different from this approval, shall require an amendment to this approval. 2. Approval of CP 98-05 is granted subject to the approval of CT 98-06, CDP 9t HDP 98-40. CP 98-05 is subject to all conditions contained in Resolution i’ 4463, and 4464 for CT 98-06, CDP 98-27, and HDP 98-40. ~ NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conve “fees/exactions.” 23 II 24 25 26 27 28 You have 90 days from date of final approval to protest imposition of these fees/exal you protest them, you must follow the protest procedure set forth in Government Cod 66020(a), and file the protest and any other required information with the City Ma processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure follow that procedure will bar any subsequent legal action to attack, review, set aside annul their imposition. PC RES0 NO. 4462 -3- 1, * * e 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 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/( 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 feedexactions of which you have previously bt a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 20th day of January, 199 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Nielsen, Savary, and Welshons NOES: ABSENT: Commissioner L’Heureux ABSTAIN: COURTNEY HEINEMAN, Chairperson CAlUSBAD PLANNING COMMISSION ATTEST: c !/bLd!+A.A MICHAEL J. HOLZMILBR Planning Director ~ 28 PC RES0 NO. 4462 -4-