HomeMy WebLinkAbout1997-12-03; Planning Commission; Resolution 41611
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PLANNING COMMISSION RESOLUTION NO. 4161
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN NO. 210 AND ITS ZONING
ON PROPERTY GENERALLY LOCATED NORTH OF LAKE
SHORE GARDENS MOBILEHOME PARK, SOUTH OF THE
POINSETTIA TRANSIT STATION AND LANIKAI LANE
MOBILEHOME PARK, WEST OF AVENIDA ENCINAS, AND
EAST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: POINSETTIA PROPERTIES SPECIFIC PLAN
CASE NO.: SP 210/ZC 95-06
WHEREAS, HSL/BP/Michan, L.P., “Developer”, has filed a verified applic
with the City of Carlsbad regarding property owned by HSL/BP/Michan, L.P., “Ow
described in Exhibit “A’, as attached to Planning Commission Resolution No. 4157, he
incorporated by reference.
WHEREAS, said verified application constitutes a request for a Specific Pk
set forth in Exhibit “G”, a notebook dated November 1997, consisting of 137 pages plus
(2) Appendices, on file in the Planning Department (as referenced in draft City COI
Ordinance Exhibit “X” attached hereto and incorporated by this reference) (Poinsl
Properties Specific Plan) as provided by Government Code Sections 65450 et. seq. an
required by Section II.C.10, Combination District of the Carlsbad General Plan Land
Element; and
WHEREAS, the Planning Commission did, on the 5th day of November 1
the 19th day of November 1997, and on the 3rd day of December 1997 hold duly no’
public hearings as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testin
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa(
relating to the Specific Plan SP 210; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar
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 Commi.
RECOMMENDS APPROVAL, of Poinsettia Properties Specific Plan SP
as set forth in draft City Council Exhibit “X” attached hereto, based 01
following findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein for the cre:
of a specific plan, is in conformance with the Elements of the City’s General Plan, 1
on the following:
a. Land Use - The proposed planning areas implement the underlying GeL
Plan Land Use designations, as amended, providing for compatibility
adjacent land uses, providing services to preserve the quality of lif
residents, and providing land uses which serve visitors and residents oj
City.
b. Circulation - The proposed specific plan encourages alternative mod6
transportation through the provision of bicycle and pedestrian routes w:
the rights-of-way, open space parkways and greenways which will imp
the circulation system of the area.
c. Noise - Noise reduction requirements in the Specific Plan area will occur I
new development consistent with the Noise Element of the General Plan.
d. Housing - The specific plan contains an inclusionary housing prog~
consistent with Chapter 21.85 of the Carlsbad Municipal Code. Plan:
Areas 5 and 6 will contain affordable housing units per the requ
Affordable Housing Agreement. Up to an additional 59 secondary units
be located in Planning Areas 2,4,7 and 8.
e. Open Space and Conservation - The Specific Plan includes 15 percent oi
developable land as open space in the form of active and passive recrea
areas, trails, parkways, vernal pool buffer area and gathering areas.
f. Public Safety - No geological flood, airport or oil production hazards 4
within the Specific Plan area.
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g. Parks and Recreation - The Specific Plan includes private passive and a recreation areas. In addition, the project is located just east of the P;
Ocean and within 2 miles of the new Poinsettia Community Park.
h. Arts - The Specific Plan encourages the integration of art such as foun
and street furniture, into the architecture and streetscape of the area.
2. The proposed plan would not be detrimental to the public interest, health, si
convenience or welfare of the City since as identified in EIR 96-01, the project wil
cause any significant impacts to public health, safety or welfare, the project
provide for the orderly development of the area with compatible uses, providl
convenient amenities and services for residents and tourists of the area, and imp
circulation to the transit station.
3. That all necessary public facilities can be provided concurrent with need and adec
provisions have been provided to implement those portions of the capital improve
program applicable to the subject property. The Zone 22 LFMP has been amendl
ensure the adequate provision of all public facilities.
4. The residential and open space portions of the community will constitute an environ:
of sustained desirability and stability, and that it will be in harmony with or prc
compatible variety to the character of the surrounding area, and that the sites propose
public facilities, such as gathering areas, greenways, trails, recreation areas
parkways are adequate to serve the anticipated population and appear acceptable tl
public authorities having jurisdiction thereof.
5. The proposed commercial uses will be appropriate in area, location and overall desil
the purpose intended in that the uses will serve users of the transit station, tou
and residents of the Specific Plan area. The design and development standard::
such as to create an environment of sustained desirability and stability in that dets
standards ensure quality architecture and that the development is designed for
pedestrian. Such development will meet performance standards established by Tit1
as modified in the Specific Plan to create a transit-oriented development.
6. The streets and thoroughfares proposed are suitable and adequate to carry the anticir
traffic thereon as identified in Final Program EIR 96-01. Access will be providt
the transit station through PA 6; signalized access will be provided to the Lar
Lane Mobilehome Park through PA 7; a right-idright-out access will be providr
the Lanikai Lane Mobilehome Park entrance; and future signalized acces
Carlsbad Boulevard will be provided to property owners south of PA 8.
7. Any proposed commercial development can be justified economically at the loc~
proposed and will provide adequate commercial facilities of the types needed at ;
location proposed as evidenced in the fiscal analysis report prepared for the prc
by Onaka Planning and Economics, dated May 22, 1997, on file in the Plan]
Department.
PC RES0 NO. 4161 -3-
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8. The area surrounding the development is or can be planned and zoned in coordinatiol
substantial compatibility with the development. The surrounding area contains
commercial and residential uses at densities and intensities compatible
proposed residential and commercial uses.
9. Appropriate measures are proposed to mitigate any adverse environmental impa
noted in the adopted program environmental impact report (EIR 96-01) for the proji
10. The proposed plan will contribute to the balance of land use so that local residents
work and shop in the community in which they live.
1 1. .Development standards and design guidelines contained in the Specific Plan ad(
land use compatibility with surrounding residential, non-residential and the tr,
station uses, aesthetic impacts of development on Carlsbad Boulevard, gel
visual aesthetics of the development, and provision of adequate public facilities
improvements.
12. The Poinsettia Properties Specific Plan amendment is consistent with
implements the Local Coastal Program - Mello I1 Segment (as amended).
13. The Poinsettia Properties Specific Plan provides for the additional compreher
planning and required specific plan to permit combination General Plan Land
Designations on the property as required by Section II.C.10 of the General
Land Use Element.
14. All requirements of Government Code Sections 65450 et. seq. have
incorporated into the Poinsettia Properties Specific Plan thereby demonstratin
compliance with applicable provisions of state planing and zoning law.
Conditions:
1, Approval of SP 210 is granted subject to the approval of EIR 96-01, GPA 95
LCPA 96-03, ZC 95-06 and LFMP 87-22(A). SP 210 is subject to all condil
contained in Planning Commission Resolution No. 4157 for the program EIR.
2. Staff is authorized and directed to make or require the Developer to make all correc
and modifications to the Specific Plan document, as necessary to make them inten
consistent and conform to City Council's final action the project. Development
occur as shown on the approved exhibits. Any proposed development different frorr
approval, shall require an amendment to this approval.
3. Within 60 days of approval by the Coastal Commission, the applicant shall SUI
to the City five, tabbed binders with copies of all Planning Commission,
Council and Coastal Commission staff reports and signed resolutions.
4. The text of Specific Plan 210 shall be modified to include the following provision;
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a. In addition to active recreation facilities provided in Planning Arc
Planning Areas 2, 4,5,7 and 8, shall each provide a passive recreation t
in the form of a neighborhood plaza with some homes fronting on such
Each passive recreation area, a minimum of 10,000 square feet in size,
include tables and benches and/or outdoor seating. The portion of the
used for passive recreational purposes may count towards meeting
common passive recreation requirements of Chapter 21.45 of the Carl
Municipal Code. The Planning Director may allow for the consolidatic
other recreation sites or building separation areas to increase the size
usefulness of the plaza; however, in all cases, minimum side yard setb
shall be maintained.
b. Benches and/or outdoor seating shall be provided along all pedes1
pathways including the public street in Planning Area 6.
c. Planning Areas 1 and 6 shall provide a variety of outdoor seatinggathc
areas. Outdoor seating may include benches, seats on planters, out’
eating areas, or other such facilities meeting the intent of providing out
gathering facilities.
d. Planning Area 6 shall provide a square or plaza for outdoor gathering. ’
space shall include such items as shade trees, sunny areas, a fountain, a c
tower, tables and seating.
e. 75% of the trees shall be canopy type trees in Planning Areas 7 and 8.
5. The text of the specific plan shall be modified as follows:
a. Page 19, paragraph C.1.c.: “In addition, Planning Area 6 will satisfy all
affordable housing requirements within its boundaries. -
A.”
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b. Page 103, line 12: “Allows commercial uses as allowed under the CT Zon
which serve the traveling public and beach visitors including, but not limi
to restaurants (no drive-thrus), convenience stores (with no gas station
services), and other commercialhetail uses and any other use except gas
stations which may be deemed to meet the intent of the CT Zone.
c. Page 143, line 9: “.. .3121.04.065 of the Carlsbad Municipal Code.
I 6. If any of the foregoing conditions fail to occur; or if they are, by their terms, tc
implemented and maintained over time; if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the righ
revoke or modify all approvals herein granted; deny or further condition issuance ol
future building permits; deny, revoke or further condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatio I PC RES0 NO. 4161 -5-
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compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by developer or a successor in interest by the City’s approv
this Resolution.
i 3 PASSED, APPROVED AND ADOPTED at a regular meeting of
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Planning Commission of the City of Carlsbad, California, held on the 3rd day of Decen
1997, by the following vote, to wit:
AYES: Commissioners Compas, Heineman, Monroy, Noble, Savary ar
Welshons
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NOES: Chairperson Nielsen
ABSENT:
ABSTAIN:
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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PC RES0 NO. 4161 -6-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING SPECIFIC PLAN
210 AND AMENDING SECTION 21.05.030 OF THE
CARLSBAD MUNICIPAL CODE (THE ZONING MAP) TO
APPROVE ZONE CHANGES, REGARDING PROPERTY
GENERALLY LOCATED NORTH OF LAKE SHORE
GARDENS MOBILEHOME PARK, SOUTH OF THE
POINSETTIA TRANSIT STATION AND LANIKAI LANE
MOBILEHOME PARK, WEST OF AVENIDA ENCINAS, AND
EAST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES SPECIFIC PLAN
CASE NO.: SP 210/ZC 95-06
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That the Poinsettia Properties Specific Plan (being Exhibit 'Y
referred to in Planning Commission Resolution 4161, dated November 5, 1997), is hc
adopted.
SECTION 2: That Section 21.05.030 of the Carlsbad Municipal Code, bein
Zoning Map, is hereby amended as shown on Page 24 of said Specific Plan.
SECTION 3: That the findings and conditions of the Planning Commissio
set forth in Planning Commission Resolution No. 4161 constitute the findings and conditio]
the City Council.
EFFECTIVE DATE: This Ordinance shall be effective thirty days afte
adoption, and the City Clerk shall certifi to the adoption of this ordinance and cause it t
published at least once in a newspaper of general circulation within fifteen days afte
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
1 1 Council held on the day of 1997, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held 01
day of 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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