HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49991
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PLANNING COMMISSION RESOLUTION NO. 4999
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 00-12 TO
CONSTRUCT A PRIVATE COMMUNITY RECREATION
CENTER WITHIN PLANNING AREA 3 OF THE POINSETTIA
PROPERTIES SPECIFIC PLAN ON PROPERTY GENERALLY
LOCATED WEST OF THE INTERSECTION OF MACADAMIA
DRIVE AND AVENIDA ENCINAS IN LOCAL FACILITIES
MANAGEMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES P.A. 2,3. & 4
CASE NO.: SDP 00-12
WHEREAS, John Laing Homes, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by HSIBPNichan, 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 Site Development
Plan as shown on Exhibit(s) “A” - “RRRR” dated June 20, 2001, on file in the Planning
Department, POINSETTIA PROPERTIES P. A. 2, 3, & 4 - SDP 00-12 as provided by
Chapter 21.06/Section 2153.120 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 all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of POINSETTIA
PROPERTIES P. A. 2,3, & 4 - SDP 00-12 based on the following findings and
subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the construction of the recreation center in PA 3 satisfies the
Specific Plan requirements to develop a common and integrated private recreational
area concurrent with the development of PA 2 and PA 4. The recreation center has
been designed to minimize, to the greatest extent possible, impacts to adjacent
residential properties.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that Specific Plan 210 requires a PA 3 to be developed as a Community Recreation
Center of approximately 1.4 acres (gross) and the proposed development of PA 3
consists of a 1.34 acre (net) park which contains private recreation facilities to serve
the homeowners of PA 2 and 4. The proposed facilities comply with the Specific
Plan requirements and include a pool, spa, pool house, tot-lot, sand volley ball court,
half-court basketball, and turf areas
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the recreation center has been designed to minimize,
to the greatest extent possible, impacts to adjacent residential properties by
providing a 6 foot high decorative block wall where private rear yards abut the
park, by providing shrub masses adjacent to the residential structures to act as an
additional buffer between homes and active play areas, and by conditioning the
future lighting plan submittal (for the entire development) to shielding the light
fixtures to eliminate spill-over lighting onto adjacent residential properties.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the private community recreation center is
centrally located within the development, and can be easily accessed by both
pedestrians and vehicular traffic.
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
PC RESO NO. 4999 -2-
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2.
3.
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 Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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. This approval
is granted subject to the approval of CT 00-16, PUD 01-01, and CDP 00-44 and is
subject to all conditions contained in Resolutions No. 4997, 4998, and 5000 for those
other approvals.
Prior to occupancy of the first production dwelling unit in either Planning Area 2 or
4, the developer shall complete the first phase of the community recreation center.
Phase I shall include the pool, spa, pool house, tot-lot, and all associated landscape,
shrubs and turf areas east of and including the sidewalk which connects the
north/south portions of the public pedestrian parkway. The remainder of the
recreation center, which includes the sand volleyball court, half-court basket ball,
and turf areas west of the sidewalk shall be completed prior to the occupancy of any
homes in the second production phase of building permits.
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 file 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.
. . .
. . .
. . .
PC RESO NO. 4999 -3-
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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
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4999 -4-