HomeMy WebLinkAbout2005-02-02; Planning Commission; Resolution 58341
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PLANNING COMMISSION RESOLUTION NO. 5834
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
ALLOW THE CONSTRUCTION AND OPERATION OF A
VILLAGE SHOPPING CENTER ON PROPERTY GENERALLY
LOCATED EAST OF AVENIDA ENCINAS, BETWEEN
POINSETTIA LANE AND LOGANBERRY DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 9.
CASE NAME:
DEVELOPMENT PLAN AMENDMENT SDP 82-03(D) TO
DRIVE-THRU CREDIT UNION WITHIN THE POINSETTIA
POINSETTIA VILLAGE CREDIT UNION
CASE NO.: SDP 82-03(D)
WHEREAS, Donahue Schriber Realty Group, L.P., “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Parcels 1 - 14 of Map No. 10829, Carlsbad Tract No. CT 81-6,
filed in the Office of the County Recorder of San Diego County
on January 26, 1984, in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “D” dated February 2, 2005, on file in the
Planning Department, POINSETTIA VILLAGE CREDIT UNION - SDP 82-03@) as
provided by Chapter 2 l.O6/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of February, 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 Amendment; and
WHEREAS, on December 8, 1982, the Planning Commission approved, SDP
83-02, as described and conditioned in Planning Commission Resolution No. 2036; and
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WHEREAS, on March 26, 1986, the Planning Commission approved, SDP 83-
02(A), as described and conditioned in Planning Commission Resolution No. 2542; and
WHEREAS, on March 15, 2000, the Planning Commission approved, SDP 83-
02(B), as described and conditioned in Planning Commission Resolution No. 4738.
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 Planning
Commission APPROVES POINSETTIA VILLAGE CREDIT UNION - SDP
82-03(D) based on the following findings and subject to the following
conditions:
Findings:
1. 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 proposed credit union use is consistent with the Local
Shopping Center land use designation, the drive-thru facility circulation is
incorporated into the existing parking lot and site circulation, and the proposed
architecture matches the existing buildings within Poinsettia Village shopping
center.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed structure, drive-thru facility, and parking area fit within the
project site without need for variances to zoning or Engineering standards.
3. 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 perimeter landscaping will be provided around the
building and the structure is adequately setback from the public right-of-way to
accommodate the proposed drive-thru facility.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project would generate approximately 1,000
average daily trips which was anticipated with the original shopping center Site
Development Plan approval.
PC RES0 NO. 5834 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
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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 Site Development Plan
Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment 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 CUP 04-14 and CDP 04-22 and is
subject to all conditions contained in Planning Commission Resolutions No. 5833 and
5835 for those other approvals incorporated herein by reference.
These SDP 82-03(D) conditions shall augment the conditions for SDP 82-03(B),
contained in Planning Commission Resolution No. 2542 incorporated herein by
reference.
This Site Development Plan (SDP 82-03(D)) is subject to all conditions of approval
for CT 81-06(B), as contained in Planning Commission Resolution No. 2541
incorporated herein by reference.
PC RES0 NO. 5834 -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 fees/exactions
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 2nd day of February 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5834 -4-