HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58081
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PLANNING COMMISSION RESOLUTION NO. 5808
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DEVELOP 12 AFFORDABLE APARTMENTS AS PART OF A
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
APPROVAL OF SITE DEVELOPMENT PLAN SDP 04-09 TO
MIXED-USE PROJECT ON 5.29 ACRES GENERALLY
THE EAST-WEST SEGMENT OF EMBARCADERO LANE
CASE NO.: SDP 04-09
WHEREAS, Teak Investors LLC, a Delaware Limited Liability
Corporation, “Developer/Owner,” 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 Site Development
Plan as shown on Exhibits “A” - “FFF” dated January 5, 2005, on file in the Planning
Department, POINSETTIA COMMONS - SDP 04-09 as provided by Chapter 21.06/Section
21 S3.120 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
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 Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of POINSETTIA COMMONS -
SDP 04-09 based on the following findings and subject to the following
conditions:
FindinPs :
1.
2.
3.
4.
That tie requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the construction of 12 affordable housing units in Planning
Area 6 (PA 6) satisfies the Poinsettia Properties Specific Plan (SP 210) requirements
for PA 6 to mitigate its own affordable housing requirement through rent
restrictions of 15% of its units. The affordable housing units are integrated into the
mixed-use development proposal and have been designed to provide affordable
housing opportunities in a transit-oriented environment.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the development complies with all of the requirements of the C-T zone and SP
210 and that adequate resident parking is provided in the underground parking
structure, guest parking is provided along Embarcadero Lane, and bicycle
storage/parking areas are provided to encourage alternative transportation modes.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project provides the required setbacks,
architectural enhancements, parking and landscaping consistent with SP 210 and
the City of Carlsbad Landscape Manual.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the affordable housing units are centrally
located within the development, and can be easily accessed by pedestrians,
commuters and vehicular traffic. The 3,437 ADT generated by the mixed-use
development proposal will not significantly impact the surrounding road segments
or intersection levels of service.
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
PC RES0 NO. 5808 -2-
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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 Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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, PUD 04-10, CUP 04-15,
and CDP 04-26 and is subject to all conditions contained in Planning Commission
Resolutions No. 5806,5807,5809 and 5810 for those other approvals incorporated herein
by reference.
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.
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PC RES0 NO. 5808 -3 -
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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. 5808 -4-