HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58091
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. 5809
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
3,296 SQUARE FOOT DAY CARE CENTER 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
CONDITIONAL USE PERMIT CUP 04-15 TO DEVELOP A
MIXED-USE PROJECT ON 5.29 ACRES GENERALLY
THE EAST-WEST SEGMENT OF EMBARCADERO LANE
CASE NO.: CUP 04- 15
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 Conditional Use
Permit as shown on Exhibits “A” -“FFF” dated January 5, 2005, on file in the Planning
Department, POINSETTIA COMMONS - CUP 04-15, as provided by Chapter 21.42 and/or
21 SO 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 CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, th Commission
APPROVES POINSETTIA COMMONS - CUP 04-15, based on the following
findings and subject to the following conditions:
Findinm :
1.
2.
3.
4.
5.
That the 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 a day care center in Planning Area 6 (PA
6) satisfies the Poinsettia Properties Specific Plan (SP 210) requirements for PA 6 to
incorporate a child day care center in accordance with the provisions of Chapter
21.83 of the Carlsbad Municipal Code relative to child day care centers in the C-1
and C-2 zones. The day care center is integrated into the commerciaYretai1 center
and has been designed to provide a needed service to commuters and residents
within and adjacent to the mixed-use transit-oriented development.
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 Chapter 21.83 for
child day care centers, adequate employee parking is provided in the underground
parking structure and designated parking spaces are provided along Embarcadero
Lane for drop-off and pick-up of children.
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 and all amenities required by the Child
Care Ordinance, Chapter 21.83 of the Carlsbad Municipal Code are provided.
That the street systems serving the proposed use is adequate to properly handle all trflic
generated by the proposed use, in that the day care center is 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.
That SP 210 requires approval of a conditional use permit for day care facilities
relative to child day care centers in the C-1 and C-2 zones.
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.
PC RES0 NO. 5809 -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
25
2E
1.
2.
3.
4.
5.
...
...
...
...
...
...
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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use 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.
This approval is granted subject to the approval of CT 04-11, PUD 04-10, SDP 04-09,
and CDP 04-26 and is subject to all conditions contained in Planning Commission
Resolutions No. 5806,5807,5808 and 5810 for those other approvals incorporated herein
by reference.
The day care center is approved for a maximum of 60 children and 6 employees. A
total of six (6) parking spaces shall be designated within the underground parking
structure as “employee parking.” Six (6) parking spaces on Embarcadero Lane
shall be designated as time-restricted parking for drop-off and pick-up of children,
subject to the provisions of the Parking Management Plan.
This Conditional Use Permit shall be reviewed by the Planning Director annually to
determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
PC RES0 NO. 5809 -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 feedexactions. 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:
7
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. 5809 -4-