HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4524‘r
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PLANNING COMMISSION RESOLUTION NO. 4524
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DEVELOP 112 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
POINSETTIA LANE AND CALRSBAD BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES PLANNING
CASE NO.: CP 98-09
APPROVAL OF CONDOMINIUM PERMIT CP 98-09 TO
AREA 8
WHEREAS, Shea Homes Limited Partnership, “Owner and “Develop
filed a verified application with the City of Carlsbad, described as
Portions of Lot 3 and the north 1/3 of Lot 4 of Section 29,
Township 12 South, Range 4 West, San Bernardino Meridian,
City of Carlsbad, San Diego County, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condo
Permit as shown on Exhibit(s) “A” - “EE” dated April 7, 1999 ,on file in the I
Department, POINSETTIA PROPERTIES PLANNING AREA 8, CP 98-09 as pro\
Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April, 1999
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of persons desiring to be heard, said Commission considered al:
relating to the Condominium Permit
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLA
AREA 8, CP 98-09, based on the following findings and subject to the fi
conditions:
Findines:
1. That the granting of ths permit will not adversely affect and will be consistent
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 Residential Medium-High (RMH) density land use des]
and RD-M zoning, and is in compliance with all City policies and sta
including the requirements of Specific Plan 210. The City Council apprc
Specific Plan and made the finding that the plan implements the General P
is consistent with the goals, objectives, and policies of the General Pla
Specific Plan provides for the following: (1) the provision of the nl
circulation element roadways and improvements (Carlsbad Boulevard an
Road); (2) the protection and enhancement of the native habitat areas;
provisions for affordable housing; (4) compliance with the Local I
Management Plan Zone 22 for public facilities and services, inchdin!
infrastructure (sewer, water, drainage) and open space; (5) implementatio
mitigation monitoring and reporting program for the SP 210 Program E
compliance with the Local Facilities Management Plan Zone 22 for public
and services; and, (7) payment of agricultural mitigation fees.
2. That the proposed use at the particular location is necessary and desirable to p
service or facility which will contribute to the long-term general well-bein2
neighborhood and the community, in that the development of single-famil3
would provide a balance and mix of land uses within Specific Plan 201 and
additional housing opportunities for residents of the community. The devel
of single-family homes is compatible with the existing development to the eas
3. That such use will not be detrimental to the health, safety, or general welfare of
residing or working in the vicinity, or injurious to property or improvement
vicinity, in that the project is conditioned to conform to all design and deve!
standards required by the Carlsbad Municipal Code. Drainage facilities
provided concurrent with development of the project to reduce erosi
flooding. All manufactured slopes are landscaped to prevent erosion and to
screen the slopes. The private street system is designed to meet all City st;
and corner line of sight distance.
4. That the proposed project is designed to be sensitive to and blend in with the
topography of the site, and maintains and enhances significant natural resource
site, in that the site contains no significant natural resources.
5. That the proposed project’s design and density of the developed portion of th
compatible with surrounding development and does not create a disharmor
disruptive element to the neighborhood, in that the project is consistent with tht I PC RES0 NO. 4524 -2-
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home park to the east and the proposed density of 6.74 dwelling units/acre
the Residential Medium-High (RMH) range and the overall Condominiun
does not exceed the Growth Control Point.
6. That the project’s circulation system is designed to be efficient and well integrl
the project and does not dominate the project, in that a circular private stree
provides direct access from Ponto Road to the guest parking spaces and dl
that lead to the homes’ attached two-car garages. The private street
pedestrian sidewalks that lead to a public trial on Carlsbad Boulevard.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co:
and modifications to the Condominium Permit document(s), necessary to ma
internally consistent and in conformity with final action on the project. Dew
shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval.
2. Approval of CP 98-09 is granted subject to the approval of CT 97-22 and CD
CP. 98-09 is subject to all condition contained in Planning Commission Resolutj
4526 and 4523 for CT 97-22 and CDP 97-55.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” 1
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedex
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man;
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
1 You are hereby FURTHER NOTIFIED that your right to protest the specified feeder
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl ’ zoning, grading or other similar application processing or service fees in connection w
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bee
a NOTICE similar to this, or as to which the statute of limitations has previously of
expired.
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... 1 PC RES0 NO. 4524 -3 -
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i PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of April 199'
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Savary,
Segall
NOES:
ABSENT: Commissioners L'Heureux, Nielsen and Welshons
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4524 -4-