HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49981
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PLANNING COMMISSION RESOLUTION NO. 4998
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
PUD 01-01 TO ALLOW THE SUBDIVISION AND
DEVELOPMENT OF A 41.6 ACRE SITE FOR 219 SINGLE-
FAMILY LOTS, THREE RECREATION LOTS, ONE RV
STORAGE LOT, ONE SEWER PUMP STATION LOT AND 25
OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED
ON THE NORTHWEST CORNER OF AVENIDA ENCINAS
AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: POINSETTIA PROPERTIES P.A. 2,3, & 4
CASE NO.: PUD 01-01
WHEREAS, John Laing Homes, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by HS/BP/Michan, L.P, et al., “Owner,”
described as
Lots 1, 2, and 3 of Carlsbad Tract No. 97-10, Poinsettia
Properties, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 13785, filed in the
Office of the County Recorder of San Diego County on May 21,
1999.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibit(s) “A” - “RRRR” dated June 20, 2001,0n file in the
Planning Department, POINSETTIA PROPERTIES P. A. 2,3, & 4 - PUD 01-01 as provided
by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of June, 2001, 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
testimony and arguments, if ,any, of persons desiring to be heard, said Commission
considered all factors relating to the Planned Unit Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES P. A. 2,3, &
4 -PUD 01-01, based on the following findings and subject to the following
conditions:
Findings:
1. That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all
adopted plans of the City and other governmental agencies, in that the project is
consistent with the Residential Medium-High (RMH), Residential Medium (RM),
and Open Space (OS) land use designations and the RD-M and OS zoning, and is in
compliance with all City policies and standards, including the requirements of
Specific Plan 210. The City Council approved the Specific Plan and made the
findings that the plan implements the General Plan and is consistent with the goals,
objectives, and policies of the General Plan. The Specific Plan provides for the
following: (1) the provision of the necessary circulation element roadways and
improvements (Avenida Encinas and Poinsettia Lane); (2) the protection and
enhancement of the native habitat areas (off-site vernal pools); (3), the construction
of a future public trail; (4) the provisions for affordable housing; (5) compliance
with the Local Facilities Management Plan for Zone 22 for public facilities and
services, including utility infrastructure (sewer, water, drainage) and open space; (6)
implementation of the mitigation monitoring and reporting program for the SP 210
Program EIR, and, (7) payment of agricultural mitigation fees.
2. That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the long-term general well-being of the
neighborhood and the community, in that the development of single-family homes and
associated recreation areas would provide a balance and mix of land uses within
Specific Plan 210 and provide additional housing opportunities for the residents of
the community. The development of single-family homes is compatible with the
existing development to the north and west.
3. That such use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity, in that the project is conditioned to conform to all design and development
standards required by the Carlsbad Municipal Code. Drainage facilities will be
provided concurrent with development of the project to reduce erosion and
flooding. All manufactured slopes are landscaped to prevent erosion and to visually
screen the slopes. The private street system is designed to meet all City standards
and corner line-of-sight distance.
4. That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 2 1.45.090, the design criteria set forth in Section 2 1.45.080,
PC RESO NO. 4998 -2-
5.
6.
7.
and has been designed in accordance with the concepts contained in the Design
Guidelines Manual, in that except for those standards modified by Specific Plan 210,
the project complies with all required development standards including minimum
lot size, setbacks, building height, lot coverage, RV storage, resident and guest
parking, private storage, and recreation space requirements and design guidelines
as contained in Specific Plan 210.
That the proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on the
site, in that a 100 foot buffer area is provided around the off-site vernal pool to
insure that an adequate watershed is provided to sustain the vernal pool habitat.
That the proposed project’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood, in that the project is consistent with the
affordable housing project to the north and the proposed density of 5.3 dwelling
units/acre is below both the Residential Medium-High (RMH) and Residential
Medium (RM) range and the overall Planned Development permit does not exceed
the Growth Control Point.
That the project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project, in that the project is accessed from two
points on Avenida Encinas, one additional “egress only” point is provided onto
Embarcadero Way, and the circular design of the private street system provides
direct access to the on-street guest parking spaces and driveways that lead to the
homes’ attached two-car garages. The project includes internal sidewalks within
parkways along the private streets that lead to the adjoining planning areas to the
north, the transit station, the railroad open space trail, and the pedestrian walkways
on Avenida Encinas and Poinsettia Lane.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
PC RESO NO. 4998 -3-
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3. This approval is granted subject to the approval of CT 00-16, SDP 00-12, and CDP OO-
44 and is subject to all conditions contained in Resolutions No. 4997,4999, and 5000 for
those other approvals
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 20th day of June 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen,
and Trigas
NOES:
ABSENT: Commissioners Compas and L’Heureux
99 TAIN:
CARL~BADPLANNING COMMISSION
ATTEST:
MICHAEL J. HblLZtiLER
Planning Director
PC RESO NO. 4998 -4-