HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 50001
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PLANNING COMMISSION RESOLUTION NO. 5000
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP OO-
44 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.: CDP 00-44
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 Coastal
Development Permit as shown on Exhibits “A” - “RRRR” dated June 20, 2001, on tile in the
Planning Department, POINSETTIA PROPERTIES P. A. 2,3, & 4 - CDP 00-44 as provided
by Chapter 21.201.040 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 CDP.
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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)
FindinPs:
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES P. A. 2,3, &
4 - CDP 00-44 based on the following findings and subject to the following
conditions:
1. That the proposed development is in conformance with the Mello II Certified Local
Coastal Program and all applicable policies in that as designed and conditioned, the
proposed development does not obstruct public views of significant ocean horizon
views and no agricultural activities, geologic instability or coastal access
opportunities exist on or adjacent to the project site. The vernal pools located
adjacent to the site have been protected with a 100 foot wetlands buffer in
accordance with the mitigation measures outlined in EIR 96-01 for Poinsettia
Properties Specific Plan (SP 210). The project has been designed with a minimum
40’ wide railroad open space buffer located on the west side of the site (100’ from
wetlands); a decomposed granite trail will be located within the eastern half of the
buffer; native drought tolerant landscaping with limited irrigation will be provided
within the buffer area to insure that there is no change to hydrology within the
vernal pool watershed; and a chainlink fence will be placed along the railroad right
of way to protect the vernal pool area. as required by the Program EIR. The
structural placement and architectural design of the single-family homes is
consistent with the RD-M (Residential Density Multiple) Zone development
standards. The park and single-family homes also comply with all of the
requirements of Specific Plan 210. No sensitive coastal resources will be impacted
by the proposed precise grading as adequate drainage and erosion control measures
have been incorporated into the project.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that unrestricted public pedestrian access is provided through
the project to encourage pedestrian access to the Poinsettia Transit Station. A
public trail is also provided within the 40 foot minimum open space corridor located
adjacent to the railroad right-of-way to provide access to the Poinsettia Transit,
Station.
3. That the project is consistent with the Coastal Agriculture Overlay Zone in that the
required agricultural mitigation fee of $263,780 was paid on 2/4/00 for Poinsettia
Properties P.A. 2,3, & 4, in accordance with the provisions of the Overlay Zone and
the Poinsettia Properties Specific Plan.
4. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
PC RESO NO. 5000 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
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 Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal 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.
3. This approval is granted subject to the approval of CT 00-16, PUD 01-01, and SDP OO-
12 and is subject to all conditions contained in Resolutions No. 4997,4998, and 4999 for
those other approvals
4. The applicant shall apply for and be issued the first building permit for this project
within two (2) years of approval or this coastal development permit will expire unless
extended per Section 2 1.201.2 10 of the Zoning Ordinance.
5. If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1st.
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.
PC RESO NO. 5000 -3-
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
ABSTAIN:
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CARLSBAD PLAN&NG’?:sISSION
ATTEST:
MICHAEL J.BLZtiLER
Planning Director
PC RESO NO. 5000 -4-