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HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... PC RES0 NO. 5807 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... ... PC RES0 NO. 5807 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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-