HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4584r
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PLANNING COMMISSION RESOLUTION NO. 4584
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DEVELOP 117 AIRSPACE CONDOMINIUMS ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
POINSETTIA LANE AND CARLSBAD BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES PLANNING
CASE NO.: CP 99-02
WHEREAS, Fieldstone Communities, Inc., “Developer”, has filed a
application with the City of Carlsbad, regarding property owned by Shea Homes, LP, ‘
described as:
APPROVAL OF CONDOMINIUM PERMIT CP 99-02 TO
AREA 7
Portions of Lots 2 and 3, and the East Half of Northeast
Quarter in 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 Condc
Permit as shown on Exhibit(s) “A” - “11” dated July 7, 1999, on file in the I
Department, POINSETTIA PROPERTIES PLANNING AREA 7, CP 99-02 as prov
Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July, 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 all
relating to the Condominium Permit
I NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
A
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B) That based on the evidence presented at the public hearing, the Cor
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLP
AREA 7, CP 99-02, based on the following findings and subject to the f
conditions:
Findinps:
1. That the granting of this 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 st2
including the requirements of Specific Plan 210. The City Council apprc
Specific Plan and made the finding that the plan implements the General E
is consistent with the goals, objectives, and policies of the General Pla
Specific Plan provides for the following: (1) the provision of the n
circulation element roadways and improvements (Carlsbad Bouleva
Poinsettia Lane); (2) the protection and enhancement of the native habit;
(3) the provisions for affordable housing; (4) compliance with the Local 1
Management Plan Zone 22 for public facilities and services, including
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 1
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-bein)
neighborhood and the community, in that the development of single-familj
would provide a balance and mix of land uses within Specific Plan 201 and
additional housing opportunities for residents of the community. The deve
of single-family homes is compatible with the existing mobile horn
development to the north and approved development within Poinsettia Prl
Planning Area 8 to the south.
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 devel
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 thc
compatible with surrounding development and does not create a dishamon
disruptive element to the neighborhood, in that the project is consistent with the
PC RES0 N0.4584 -2-
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home park to the east and the proposed density of 6.3 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 intep
the project and does not dominate the project, in that a circular private stree
provides direct access from Carlsbad Boulevard and “resident only” accc
Poinsettia Lane to the guest parking spaces and driveways that lead to the
attached two-car garages. The private street includes pedestrian sidewalks t
to a public trail on Carlsbad Boulevard.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all eo
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 99-02 is granted subject to the approval of CT 99-02 and CDI
CP 99-02 is subject to all condition contained in Pl‘anning Commission Resolutj
4583 and 4585 for CT 99-02 and CDP 99-03.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
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 feeder
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.
You are hereby FURTHER NOTIFIED that your right to protest the specified feesle
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously bel
a NOTICE similar to this, or as to which the statute of limitations has previously ot
expired.
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PC RES0 N0.4584 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of July 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
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COURTNEY E. HEINEMAN, Chairperson l2 CARLSBAD PLANNING COMMISSION
ABSTAIN:
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ATTEST:
1"
MICHAEL J. HXZMIMER
Planning Director
1 PC RES0 N0.4584 -4-
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