HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58071
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PLANNING COMMISSION RESOLUTION NO. 5807
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF NON-RESIDENTIAL PLANNED UNIT
DEVELOPMENT PERMIT PUD 04-10 TO DEVELOP A MIXED-
USE PROJECT CONSISTING OF THE SUBDIVISION AND
DEVELOPMENT OF 18,337 SQUARE FEET OF
COMMERCIALETAIL USES, A 3,296 SQUARE FOOT DAY
LOFT CONDOMINIUM UNITS, AND 12 AFFORDABLE
APARTMENTS ON 5.29 ACRES ON PROPERTY GENERALLY
LOCATED SOUTH OF AVENIDA ENCINAS AND NORTH OF
WITHIN THE MELLO I1 SEGMENT OF THE CITY’S LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: POINSETTIA COMMONS
CARE CENTER, 51 LIVE-WORK CONDOMINIUM UNITS, 15
THE EAST-WEST SEGMENT OF EMBARCADERO LANE
CASE NO.: PUD 04- 10
WHEREAS, Teak Investors LLC, a Delaware Limited Liability
Corporation, “DevelopedOwner,” has filed a verified application with the City of Carlsbad
regarding property described as
Lot 5 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 Non-Residential
Planned Unit Development Permit as shown on Exhibits “A” - “FFF” dated January 5, 2005,
on file in the Planning Department, POINSETTIA COMMONS - PUD 04-10 as provided by
Chapter 2 1.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of January, 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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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 Non-Residential Planned Unit Development Permit.
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
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of POINSETTIA COMMONS - PUD 04-10,
Findings:
1. The granting of this permit will not adversely affect and will be consistent with the 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
Travemecreation Commercial and Residential High-Density (TR/RH) land use
designations and the Commercial Tourist (C-T) zoning designation, and is in
compliance with all City policies and standards, including the requirements of
Specific Plan 210 (SP 210). The City Council approved SP 210 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 project, in accordance with SP
210, provides for the following: (1) the provision of the necessary circulation
element roadways and improvements to serve the development (Avenida Encinas
and Embarcadero Lane); (2) mixed-use development in Planning Area 6 consisting
of commerciallretail, day care center, loft units, live-work units, and affordable
housing units; (3), the construction of a mixed-use pedestrian link corridor to the
Poinsettia Coaster Station; (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); (6)
implementation of the mitigation monitoring and reporting program for the SP 210
Program EIR (EIR 96-01); and, (7) payment of agricultural mitigation fees.
2. The proposed use at the particular location is necessary and desirable to provide a service
or facility, which will contribute to the general wellbeing of the neighborhood and the
community in that the mixed-use development will provide a balance and mix of land
uses within SP 210 and will provide additional housing and shopping opportunities
for the residents of the community. The mixed-use, transit-oriented development is
compatible with the existing multi-family residential development to the east, small
lot single-family residential development to the south, and the Poinsettia Coaster
Station to the west.
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PC RES0 NO. 5807 -2-
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3. 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 the development of the project to reduce erosion and
flooding. The private street system is designed to meet all City standards and
corner line-of-sight distance.
4. The proposed nonresidential planned development meets all of minimum development
standards of the underlying zone, except for lot area in that the development meets all of
the development standards of the C-T zone and SP 210, including the requirement
for a Non-Residential PUD to allow for individual ownership of live-work and loft
units.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of a grading permit, whichever occurs first.
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; record a notice of violation on the
property title; 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 Non-residential Planned
Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non-residential 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.
3. This approval is granted subject to the approval of CT 04-11, SDP 04-09, CUP 04-15,
and CDP 04-26 and is subject to all conditions contained in Planning Commission
Resolutions No. 5806,5808,5809 and 5810 for those other approvals incorporated herein
by reference.
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PC RES0 NO. 5807 -3-
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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 feedexactions
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 feedexactions 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 5th day of January 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. 5807 -4-