Loading...
HomeMy WebLinkAboutCP 94-01A; Poinsettia Shores PA B-1; Condo Permit (CP) (8)Hofman Planning Associates RECEIVED Planning Project Management Fiscal Analysis September 23, 1937 SEP 2 3 1997 CITY OF CARLSBAD EricMunoz PUNNING DEPT. City of Carlsbad . 2075 Las Palmas Drive .*, I&l3 Carlsbad, CA 92009-1576 [ ' SUBJECT: Poinsettia Shores Master Plan - Planning Area B-1 ; Model Homes \oJL *Dear Eric: This letter serves to document our telephone conversations on Thursday, September 11th and Monday, September 15th concerning the model homes within Planning Area B-1. These conversations were in regards to the number of model home complexes, the number of model homes that could be built prior to the approval of a final map and the timing for when building permits can be issued for the model homes. Model Home Complexes With regards to the number of model home complexes, you specified that only one model home complex would be allowed prior to the approval of the final map. However, once the final map for Planning Area B-1 is recorded, more than one model home complex could be built. Specifically regarding the recent architectural changes proposed by Concordia Homes for a portion of Planning Area B-1, the condominium permit amendment must be approved as well as the final map recorded before building permits could be issued for Concordia Homes' model homes. In addition, you did clarify that the Planning Area B-1 model home complex would be able to sell units that are located in Planning Area B-2. Number of Model Homes With regards to the number of model homes, you stated that section 21.60.030 (3) (Permits- License Enforcement) of the municipal code has been interpreted by the Planning Department to allow for the issuance of no more than four building permits for model homes fronting on a public street prior to approval of a final map and the issuance of no more than two building permits for model homes fronting on a private street prior to the approval of a final map. You went on to say that in accordance with section 21.45.170 (Planned Development Ordinance), no more than six model homes are allowed prior to the recordation of a final map and that identification of the location for the model homes must be approved as part of the planned development or condominium permit. Since the approved condominium permit for Planning Area B-1 did not address model homes, the maximum of six model homes would not be permissible. 2386 Faraday Avenue • Suite 120 • Carlsbad • CA 92008 • (619)438-1465 • Fax: (619)438-2443 We respectfully disagree with the interpretation regarding the number of building permits for model homes fronting on a private street. In the past and most recently, up to four building permits have been issued for model homes within planned development neighborhoods containing private streets. Since up to four building permits have been issued in the past, we feel that a different interpretation can be made regarding this section of the ordinance. Our belief is that the portion of section 21.060.030(3) restricting the issuance for only two building permits was not to decrease the number of model homes for planned developments, but ensure that the models could be safely accessed by a street improved to City standards. We feel that the word "dedicated" in reference to the street was not intended to differentiate between a public and private street built to City standards, but to differentiate between any street built to City standards and any substandard street. In addition, since Chapter 21.60 was approved prior to the Planned Development Ordinance, it appears that the intent of Section 21.60.030 was not directed at further restricting the issuance of building .permits, for mode! homes within planned developments. Building Permits for Model Homes Pursuant to the allowance of more than two building permits being issued for model home prior to the approval of a final map for Planning Area B-1, Watt Homes would like to submit for building permits for their model home complex. They will be requesting for approval of three building permits for model homes. It is my understanding that the upcoming substantial conformance request must be approved by the Engineering Department prior to the issuance of the building permits for any model homes. However, during the substantial conformance determination process, building permit applications and plans could be submitted and processed through the Building Department. I appreciate the time that you spent to clarify some of the above issues and I am looking forward to hearing your response to our interpretation of section 21.60.030 (3) regarding the number of building permits that can be issued prior to the approval of the final map. If our interpretation of section 21.60.030 is not accepted, I would like to opportunity to discuss this issue with you further. Also, if my understanding of any of the above is not entirely correct or if you have any questions regarding the above, please feel free to give me a call. Sincerely, J@K Stan Weiler cc: Steve Kabel Jonathan Weldy Mike Ugar John Snell