HomeMy WebLinkAbout2005-06-01; Planning Commission; Resolution 59061
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PLANNING COMMISSION RESOLUTION NO. 5906
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN
AMENDMENT TO ALLOW THE CONSTRUCTION AND
OPERATION OF A 3,000 SQUARE FOOT COMMERCIAL
BUILDING CONTAWING 1,000 SQUARE FEET OF RETAIL
SPACE AND 2,000 SQUARE FEET OF FOOD SERVICE
SPACE LOCATED WITHIN THE POINSETTIA VILLAGE
SHOPPING CENTER, ON THE EAST SIDE OF AVENIDA
ENCINAS BETWEEN POINSETTIA LANE AND
LOGANBERRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA VILLAGE PAD 4
CASE NO.: SDP 82-03(E)
WHEREAS, Donahue Schriber Realty Group, L.P., “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Parcels 2,4,6 and 9 through 12, inclusive of Parcel Map No.
15187, in the City of Carlsbad, County of San Diego, State of
California, filed in the office of the County Recorder of San
Diego County, March 28,1988
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “D” dated June 1, 2005, on file in the Planning
Department, POINSETTIA VILLAGE PAD 4 - SDP 82-03(E) as provided by Chapter 2 1.06
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of June, 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
82-03, 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 82-
03(A), as described and conditioned in Planning Commission Resolution No. 2542; and
WHEREAS, on March 15,2000, the Planning Commission approved, SDP 82-
03(B), as described and conditioned in Planning Commission Resolution No. 4738; and
WHEREAS, on March 8, 2005, the Planning Commission approved, SDP 82-
03(D), as described and conditioned in Planning Commission Resolution No. 5834.
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 PAD 4 - SDP 82-03(E)
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 3,000 square foot retail and food service
commercial building is consistent with the Local Shopping Center land use
designation, the proposed 17 additional parking spaces are consistent with the
parking and site circulation requirements, and the proposed architecture is
consistent with the existing buildings within the 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 3,000 square foot structure, and additional parking spaces fit
within the project site without need for variances to any 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 additional landscaping will be provided around the
building and the parking area. The proposed structure is adequately setback from
the public right-of-way to accommodate landscaping and is consistent with the
required setback.
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 1,856
PC RES0 NO. 5906 -2-
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average daily trips which was anticipated with the original shopping center Site
Development Plan approval.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
5.
Conditions:
Note:
1.
2.
3.
4.
5.
Fire:
1.
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading or building permit, whichever occurs first.
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 fiom this approval, shall require an amendment to this approval.
This approval is granted subject to the approval of CUP 04-28 and CDP 04-39 and is
subject to all conditions contained in Planning Commission Resolutions No. 5905 and
5907 for those other approvals incorporated herein by reference.
The project is subject to all applicable conditions of approval contained in Planning
Commission Resolution No. 2542 for SDP 82-03(A), incorporated herein by
reference.
This Site Development Plan (SDP 82-03@)) is subject to all conditions of approval
for CT 81-06(B), as contained in Planning Commission Resolution No. 2541
incorporated herein by reference.
As previously submitted, the Carlsbad Fire Department shall require the
installation of an approved automatic fire sprinkler system for SDP 82-03 (E):
Poinsettia Village - Pad 4.
PC RES0 NO. 5906 -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 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 1st day of June 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN: 3 JEFFRE . SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5906 -4-