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HomeMy WebLinkAbout2005-02-01; City Council; 17965; Poinsettia CommonsAB# 17,965 TfTLE: POINSETTIA COMMONS MTG. 2/1/05 CT 04-1 I/PUD 04-1OlSDP 04-09/CDP 04-26 DEPT. PLN I DEPT. HD. CITY ATTY. @> I CITY MGRa Project application(s) CT 04-1 1 PUD 04-10 SDP 04-09 RECOMMENDED ACTION: Administrative Reviewed by and Approvals Final at Planning Commission That the City Council ADOPT Resolution No. 2005-030 , APPROVING CT 04-1 l/PUD 04- 1 O/SDP 04-09/CDP 04-26 as recommended for approval by the Planning Commission. CDP 04-26 CUP 04-15 X To be Reviewed - Final at Council X X X X On January 5, 2005, the Planning Commission conducted a public hearing to review the Poinsettia Commons project located south of the intersection of Avenida Encinas and Embarcadero Lane in the C-T (Commercial-Tourist) Zone and in Local Facilities Management Zone 22. The Planning Commission unanimously recommended approval of the project and approved the Conditional Use Permit for the daycare component. The site is identified as Planning Area 6 (PA 6) of the Poinsettia Properties Specific Plan (SP 210), tvhich was approved in 1998. SP 210 identifies the 5.29-acre site as a mixed-use development allowing 80,000 square feet of commercial uses and up to 61 dwelling units. SP 210 also requires that a daycare facility be incorporated into the development proposal. The mixed-use development xoposal includes 18,337 square feet of commercial space, a 3,296 square foot daycare, 51 live-work units with 45,820 square feet of “work” space, 15 loft units and 12 affordable apartments. To achieve ihe proposed residential yield of 78 units at a density of 18.6 du/ac, the project requires an allocation Df 17 units from the City’s “excess” dwelling unit bank. The project is considered to be a “qualifying” Droject since it is a transit-oriented development and because the project is incorporating the affordable housing into the project design. Additionally, the residential build-out of the Specific Plan wea is considerably less than anticipated. SP 210 anticipated a build-out of 823 units. However, to jate 540 units have been approved and/or constructed. With the 78 units proposed, the residential yield will still be 205 units under the dwelling unit allowance. As each planning area has been jeveloped, the excess units have been transferred to the City’s Excess Dwelling Unit Bank. The Specific Plan allows for a transfer of dwelling units between planning areas, and reallocation of the sxcess dwelling units to PA 6 may be approved through the discretionary review process. The proposal includes vacating the north-south segment of Embarcadero Lane and redesigning it as 3 tree-lined private street with angled parking on both sides. Customer and guest parking will be xovided on Embarcadero Lane while all required residential parking and 6 daycare employee spaces will be provided entirely within an underground parking garage. A 15% parking space -eduction for common parking facilities is proposed for the commercial and guest spaces on zmbarcadero Lane. This is permitted by the Zoning Ordinance and is routinely approved for differing Jses that share common parking facilities. The 15% reduction (19 spaces) would only apply to the :ommercial and guest spaces and the residential parking requirement would not be affected. ’arking time limits are proposed on Embarcadero Lane, within the project boundaries, on weekdays n order to insure that adequate parking will be provided for childcare drop-offlpick-up and for xstomer and guest parking. The time limits would ensure that overflow parking from the coaster PAGE 2 OF AGENDA BILL NO. 17*965 station does not impact the development. The management company would enforce the parking time limits on the private street. The transit-oriented design criteria outlined in the Specific Plan has been met by designing a mixed- use environment for people to work and live in one location, yet have transportation services available to them. Housing is provided on upper floors and commercial uses will be located on the ground floors. A daycare is also integrated into the development as required by SP 210. The project provides low-cost housing opportunities close to the coaster station by satisfying the project‘s inclusionary housing requirement with 12 affordable one-bedroom apartments on-site. The pedestrian-friendly design concepts provide pedestrian linkages to the residential neighborhoods and coaster station and incorporate a number of amenities including benches, wide tree-lined walkways, outdoor seating areas and a centralized public plaza that visually and physically connects the site with the coaster station. The Poinsettia Commons project was found to be consistent with the various elements of the General Plan, the applicable segments of the Local Coastal Program, the applicable sections of the Specific Plan and the Municipal Code, as well as the Local Facilities Management Plan for Zone 22. The applicant submitted a petition with 59 signatures and letters of support from 40 individuals at the Planning Commission meeting. A representative from the Carlsbad Chamber of Commerce spoke in favor of the project and submitted a letter of support as well. In addition, 11 individuals, generally from the adjacent Water’s End development, spoke in opposition to the project. These residents voiced concerns about traftic impacts, parking, architectural design, density, building height, additional low-income housing and the mixed-use development type. More detailed information regarding the development proposal and public testimony is included in the attached staff report and Planning Commission minutes. ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Proqram Environmental Impact Report for the Poinsettia Properties Specific Plan (SP 21 0) (EIR 96-01 1, dated July 1997, Cotton/Beland/Associates, Inc. EIR 96-01 evaluates the potential environmental effects of the development and operation of the “Poinsettia Properties Specific Plan” and associated actions including the proposed mixed-use project reviewed herein. The EIR 96-01 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Poinsettia Properties Specific Plan Final Program EIR. Since the mixed-use project is within the scope of Final Program EIR 96-01, no further CEQA compliance is required. FISCAL IMPACT: All public facilities required to serve the project will be constructed prior to or concurrent with development as mandated by the Local Facilities Management Plan for Zone 22. Since the developer will construct these improvements, the City will incur no negative fiscal impacts. The applicant will be responsible for frontage improvements along Avenida Encinas and private street improvements on Embarcadero Lane. Development of Planning Area 6 will increase land values thus creating a positive fiscal impact in the form of increased property tax revenues. PAGE 3 OF AGENDA BILL NO. 17,965 Local Facilities Management Plan Growth Control Point Net Density Special Facility Fee GROWTH MANAGEMENT STATUS: 22 19 dulac 18.6 du/ac CFD No 1, CFD No. 3 The project contains 78 residential units at a net density of 18.6 du/ac and the Growth Management Control Point is 19 du/ac. The Poinsettia Properties Specific Plan allowed for 61 residential units within this planning area (PA 6). Therefore the project requires an allocation of 17 units from the City’s Excess Dwelling Unit Bank. EXHIBITS: 1. City Council Resolution No. 2005-030 2. Location Map 3. Planning Commission Resolutions No. 5806, 5807, 5808, and 5810 4. Planning Commission Staff Report, dated January 5, 2005 5. Excerpts of Planning Commission minutes dated January 5, 2005 6. Letter and Petition of Support. DEPARTMENT CONTACT: Barbara Kennedy, (760) 602-4626 , b ken n @ci .ca rlsbad . ca . us 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 RESOLUTION NO. 2005-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT OF THE SUBDIVISION AND DEVELOPMENT OF 18,337 SQUARE FEET OF COMMERCIAURETAIL USES, A 3,296 CONDOMINIUM UNITS, 15 LOFT CONDOMINIUM UNITS, AND 12 AFFORDABLE APARTMENTS ON 5.29 ACRES GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS AND NORTH OF WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA COMMONS MAP, NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT, PERMIT TO DEVELOP A MIXED-USE PROJECT CONSISTING SQUARE FOOT DAY CARE CENTER, 51 LIVE-WORK THE EAST-WEST SEGMENT OF EMBARCADERO LANE CASE NO.: CT 04-1 I/PUD 04-1O/SDP 04-09EDP 04-26 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did, on January 5, 2005, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 04-1 1, Non- Residential Planned Development Permit PUD 04-1 0, Site Development Plan SDP 04-09, and Coastal Development Permit CDP 04-26 to develop a mixed-use project consisting of the subdivision and development of 18,337 square feet of commercial/retail uses, a 3,296 square foot day care center, 51 live-work condominium units, 15 loft condominium units, and 12 affordable apartments on 5.29 acres and adopted Planning Commission Resolutions 5806, 5807, 5808, and 581 0 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the jsJ day of FEBRUARY, 2005, held a duly noticed public hearing as prescribed by law to consider the Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan, and Coastal Development Permit, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all 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 factors relating to the Tentative Tract Map, Non-residential Planned Development Permit, Site Development Plan, and Coastal Development Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Tentative Tract Map CT 04-1 1, Non-Residential Planned Development Permit PUD 04-1 0, Site Development Plan SDP 04-09, and Coastal Development Permit CDP 04-26 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 5806, 5807, 5808, and 5810, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council except: a. A mixture of 48” and 60” box specimen or field grown trees shall be planted along the south edge of Building Nos. 8 and 9 to create a landscape screen between this building and the existing single-family homes in Water’s End. The exact mixture of species and specimen size shall be subject to the review and approval of the Planning Director. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” -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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15t day of FEBRUARY , 2005, by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Hall, Kulchin, Packard, Sigafoose CLAUDE A. LEWIS MATT HALL, Mayor' Pro Tern ATTEST: LORRAINE M. W&D, City Clerk ' (SEAL) -3- b EXHIBIT 2 SITE - POINSETTIA COMMONS CT 04-1 I/PUD 04-1 O/SDP 04-091 CDP 04-26 7 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5806 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP CT 04-11 TO DEVELOP A MIXED-USE PROJECT CONSISTING OF THE SUBDIVISION AND DEVELOPMENT OF 18,337 SQUARE FEET OF COMMERCIALRETAIL USES, A 3,296 SQUARE FOOT 15 LOFT CONDOMINIUM UNITS, AND 12 AFFORDABLE APARTMENTS ON 5.29 ACRES GENERALLY LOCATED WEST SEGMENT OF EMBARCADERO LANE WITHIN THE MELLO I1 SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA COMMONS CASE NO.: CT 04-1 1 DAY CARE CENTER, 51 LNE-WORK CONDOMINIUM UNITS, SOUTH OF AVENIDA ENCINAS AND NORTH OF THE EAST- 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 Properdes, 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 Tentative Tract Map as shown on Exhibits “A” - “FFF” dated January 5, 2005, on file in the Planning Department POINSETTIA COMMONS - CT 04-11, as provided by Chapter 20.12 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 persons desiring to be heard, said Commission considered all factors 8 relating to the Tentative Tract Map. 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 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 - CT 04-11, Findings: 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with the TraveYRecreation Commercial and Residential High- Density (T-R/RH) land use designations and the Commercial Tourist (C-T) zoning, and is in compliance with all City policies and standards, including the requirements of the Poinsettia Properties Specific Plan (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 development proposal, 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 within Planning Area 6 consisting of comderciaVretai1, 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) and open space; (6) implementation of the mitigation monitoring and reporting program for the SP 210 Program EIR; and, (7) payment of agricultural mitigation fees. 2. That the proposed project is compatible with the surrounding fbture land uses since surrounding properties are designated for Planned IndustriaVOffice (PI/O), Residential Medium Density/Office and Related Commercial (WO), Residential Medium- High Density (RMH) and Residential High Density (RH) on the General Plan, in that the mixed-use transit-oriented development is consistent with the T-W/RM land uses being called for by SP 210 which implement the City’s General Plan. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed mixed-use development while providing all required setbacks and other amenities required by SP 210 and other applicable City regulations. PC RES0 NO. 5806 -2- 9 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 4. 5. 6. 7. 8. 9. 10. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and structured so that there are no conflicts with existing easements and new public utility and access easements will be dedicated on Embarcadero Lane. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented with adequate building separations and the design of the units will allow for adequate air circulation and the opportunity for passive heating and cooling. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. The Planning Director has determined that a. the project is a subsequent activity of a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for th,e purposes of CEQA); [ 15 168( c)(2); and b. this project is consistent with the Poinsettia Properties Specific Plan cited above; c. EIR 96-01 was certified in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as sign&cant in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project is subject to all mitigation measures required by the Mitigation Monitoring and Reporting Program certified with Final Program EIR 96-01, as contained in Planning Commission Resolution No. 4157. That all feasible mitigation measures identified in Program EIR 96-01 which are appropriate have been incorporated into this project in that: a. the project has been designed to encourage pedestrian activity; /a PC RES0 NO. 5806 -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 11. 12. b. the project is conditioned to pay the required Agricultural Conversion Fees; c. d. the project is conditioned to protect paleontological resources; noise walls, mechanical ventilation and building construction will mitigate noise impacts in accordance with EIR 96-01; e. remediation measures are required for soils which may contain agricultural chemical residues; and f. standard City grading procedures will be implemented to ensure erosion control and reduce sedimentation. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the drainage requirements of SP 210, City ordinances and standards, the Mello I1 Segment of the Local Coastal Program, and Best Management Practices for water quality have been considered and appropriate drainage facilities have been designed as shown on the project’s exhibits. The project is conditioned to comply with all applicable National Pollution Discharge Elimination System (NPDES) requirements. The City Council/ Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and SP 210 based on the facts set forth in the staff report dated January 5, 2005 in that 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 is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. / .- The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. That park credits for SP 210 have already been met through an agreement with the Occidental Land Company, John D. Lusk & Son, and the City on June 17, 1982 whereby the previous property owner agreed to construct Poinsettia Bridge, dedicated park land, and received park land credits for 725 units for all parcels within Specific Plan 210, including the subject parcel. Approval of CT 04-11 will deduct 78 credits from the present balance of 185 credits leaving a remaining balance of 107 available credits. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. -4- // PC RES0 NO. 5806 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 13. 14. 15. 16. 17. 18. 19. d. All necessary public improvements, including street frontage improvements for Avenida Encinas and improvements on Embarcadero Lane are required as conditions of approval. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 22. That the project qualifies for an allocation of Excess Dwelling Units, pursuant to City Council Policy 43 in that: a. the project is a transit-oriented, “smart growth” development project where increased residential density is being placed in close proximity to major transit facilities, employment opportunities, and commercial support systems, and b. the project will provide housing for lower-income households to implement the City mandated 15% low-income requirement of the Inclusionary Housing Ordinance. That SP 210 allows for a transfer of dwelling units between planning areas and as each residential planning area has been developed, the &cess units have been transferred to the City’s Excess Dwelling Unit Bank. With the allocation of 17 units from the City’s Excess Dwelling Unit Bank, the residential build-out will be 205 units under the 823 units alIowed for SP 210. That the common facilities provision of the Parking Ordinance (Section 21.44.050(a)(S)) allows up to a 15% reduction in required parking. The 15% reduction would result in a 19 space reduction of the required 126 surface parking spaces, resulting in the provision of 107 parking spaces on Embarcadero Lane for commercialhetail, day care, and guest parking uses. The required parking for the residential units would not be affected. The commercialhetail and guest parking demands for the project operate in a completely different manner with different parking demand peaks and are able to share the same parking supply. The project’s potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Poinsettia Properties Specific Plan (SP 210) Final Program EIR (EIR 96-01) previously certified and approved on January 27, 1998 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). PC RES0 NO. 5806 & -5- 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 20. 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. Conditons: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of a grading 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 Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map 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 a proval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. P If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020, If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer shall implement, or cause the implementation of, the Poinsettia Properties Specific Plan Final Program EIR Project Mitigation Monitoring and Reporting Program certified with Program EIR 96-01 on January 20,1998. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including /3 PC RES0 NO. 5806 -6- 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 7. 8. 9. 10. 11. 12. 13. 14. 15. without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Department a reproducible 24” x 36” mylar copy of the Tentative Map and Site Plan reflecting the conditions approved by the final decision making body. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of PUD 04-10, SDP 04-09, CUP 04-15, and CDP 04-26 and is subject to all conditions contained in Planning Commission Resolutions No. 5807, 5808, 5809, and 5810 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of final map approval. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 1 Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 12 dwelling units (including: Units 1-12 on Lot 1) as affordable to lower- income households for 55 years, in accordance with the requirements and process set forth in Chapter 2 1.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all hture owners and successors in interest. Developer may construct the required inclusionary units after the market rate units, subject to a development schedule agreed upon by the developer and Housing and PC RES0 NO. 5806 -7- 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 16. 17. 18. Redevelopment Director, which shall be included in the Affordable Housing Agreement. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. b. C. d. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City! City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the-event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notbe to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the 15 PC RES0 NO. 5806 -8- 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 e. f. g. h. Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions andor to pursue lien foreclosure procedures against any Owner and hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit -. A statement to the effect that no enclosed or unenclosed additions shall be allowed at any time by any owners, successors in interest, and/or occupants. The CC&Rs shall include a disclosure to future properd owners and tenants of this property that this site may be subject noise, air, and traffic impacts from Avenida Encinas, Embarcadero Lane, the San Diego Northern Railroad, and the Poinsettia Coaster Station and from odor impacts from the Encina Wastewater Treatment Plant. The Parking Management Plan, shown as Attachment 11, shall be incorporated in the CC&Rs. The CC&Rs shall clearly state the following: 1) Six (6) parking spaces shall be reserved in the underground parking garage for employees of the day care during weekdays, 2) Twelve (12) parking spaces shall be reserved in the underground parking garage for the residents of the affordable housing units, 3) One (1) handicap parking space shall be provided in the underground parking garage, 4) A two-car garage space shall be included in the purchase price for each of the market-rate loft and live-work units. 5) Six (6) parking spaces on Embarcadero Lane shall be designated for drop- off/pick-up for the day care and subject to the time limits imposed in the Parking Management Plan. 6) Minor modifications to the time limits imposed in the Parking Management Plan may be allowed, subject to approval by the Planning Director. /6 PC RES0 NO. 5806 -9- 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 19. 20. 21. 22. 23, 24. 1. j. k. The “work” portion on the first floor of the live-work units may not be leased or rented separately from the “live” area on the second and third floors. The two-car garages required for the market-rate loft and live-work units may not be leased, rented, or sold separately. A minimum of one (1) bicycle storage locker shall be provided for each of the twelve (12) affordable housing units. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. / Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, and Coastal Development Permit by Resolutions No. 5806, 5807, 5808, 5809 and 5810 on the property. Said Notice of Restriction shall note the property description, location of the file containing compIete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 17 PC RES0 NO. 5806 -10- 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 25. 26. 27. 28. 29. 30. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, fbture and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor (Avenida Encinas and Embarcadero Lane), from the Poinsettia Coaster Station, and from the San Diego Northern Railroad, and may be subject to odor impacts from the Encina Wastewater Treatment Plant in a form meeting the approval of the Planning Director and City Attorney (see Multinoise agreement on file in the Planning Department). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating fiom McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Developer shall post aircraft noise notification signs in all sales andor rental offices associated with the new development. The number and locatidns of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Paleontology: a) Prior to issuance of a grading permit, the developer shall present a letter to the City indicating that a qualified paleontologist has been retained to’carry out an appropriate mitigation program. (A qualified paleontdogist is defined as an individual with an MS or Ph. D. in paleontology or geology who is familiar with paleontological procedures and techniques. b) A qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. c) A paleontological monitor shall be on-site a minimum of half-time during the original cutting of previously undisturbed sediments to inspect cuts for contained fossils. In the event that fossils are discovered, it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist. 18 PC RES0 NO. 5806 -1 1- 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 31. 32. 33. 34. 35. 36. 37. d) When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as complete, large, mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. Payment of agricultural conversion fees in compliance with Section 30171.5 of the Coastal Act shall be required prior to final map approval or issuance of a grading permit, whichever occurs first. The fee shall be applied to the 5.29 acres located within the Planning Area 6 boundary The developer shall incorporate all remediation measures identified in the Updated Phase I Environmental Site Assessment prepared for the project site (Leighton Consulting, Inc., September 29, 2003). The Report recommends placing pesticide impacted soils below the proposed subterranean parking garage and that the property owner enter into the County of San Diego, Department of Environmental Health’s Voluntary Assistance Program to be in conformance with County environmental regulations. Prior to issuance of a building permit, the developer shall submit a supplemental acoustical analysis which demonstrates that the architectural plans for the residences and daycare incorporate the recommendatibns contained in the Acoustical Analysis, prepared by Mestre Greve, dated August 2,2004, to insure that interior noise levels do not exceed 45 dBA CNEL. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall obtain Planning Director approval of Sign Program PS 04-144 prior to issuance of any signs for the development. 19 PC RES0 NO. 5806 -12- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38. 39. 40. 41. 42. Developer shall obtain Planning Director approval for any artwork proposed on the north elevation of Building 2 (facing Avenida Encinas) within the architectural recess areas as shown on the building elevations. Occupancy for up to 28 live-work units may be obtained prior to issuance of a building permit for Building 1, which includes the daycare. After the building permit for Building 1 is issued, occupancy for the remaining 23 live-work units may be obtained. Occupancy for the 15 condominium loft units may not be obtained until construction has commenced and the foundations are in place for Building 1. A maximum of six (6) kiosks or food carts may be permitted subject to the Planning Director’s approval of the kiosk design, use, and location. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative map within Lots 4 and 5. Prior to the issuance of any building permits, the trail shall be constructed as a public trail for public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability shall be the responsibility of another agency designated by the City or the responsibility of the Homeowner’s Association. The developer shall obtain the required NCTD encroachment permit prior to commencement of any work on NCTD property. Engineering General 43. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 44. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andlor other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 45. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. FeedAgreements 46. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 30 PC RES0 NO. 5806 -13- 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 47. Prior to- approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 48. 49. 50. 51. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. / Prior to issuance of a grading permit, the developer shall test for suitability of export sandhoil for beach sand replenishment per established City guidelines and offer to transport excavated sand/soil from the project site to a coastal location designated by the City Engineer. The City may reject or accept said offer. Said offer shall remain open until soil exported from the site for the underground garage has commenced. Developer may negate said offer if the City delays development of the project by failing to establish or adopt any procedures, requirements or .. programs for coastal sandhoil replenishment or obtain necessary permits for coastal sand/soil replenishment. Transport of soiVsand is subject to a City approved haul route permit. Dedicationsflmprovements 52. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor other appropriate entities for public utility and access easement shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. All street, parking, curb, gutter and other surface facilities as well as underground drainage facilities within said easement shall be privately maintained by the property owner or their representative. Provisions for said maintenance shall be incorporated into the CC&Rs. 621 PC RES0 NO. 5806 -14- 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. 55. 56. 57. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, signing & striping, trails, curbs and gutters, grading, removal or relocation of utilities, sewer, water, and fire hydrants to City Standards to the satisfaction of the City Engineer. The improvements are: a. b. c. d. e. Curb and gutter on Avenida Encinas; Transitional Asphalt Concrete Pavement and Base on Avenida Encinas; Fire Hydrant, water meters and service lines on Avenida Encinas and Embarcadero Lane; Sewer laterals and removal of abandoned sewer main between Access Hole No. 1 and No. 3; and Concrete Trail fronting Avenida Encinas and pedestrian ramps at the intersection of Avenida Encinas and Embarcadero Lane. / A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall cause Owner to waive direct access rights on the final map for Lots 4 and 5 abutting Avenida Encinas. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. c. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said PC RES0 NO. 5806 - 15- 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 58. 59. 60. 61. 62. ... pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident and employee education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construction BMPs in perpetuity; and identify how post-development runoff rates and velocitiks from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. d. e. f. Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Prior to approval of the final map, the City of Carlsbad slope easements recorded with the San Diego County Recorder per Doc No. 2002-0033831 shall be quitclaimed. An easement for private reciprocal drainage shall be reserved on the final map over all of Lots 1,2,3,4 and 5 for the benefit of Lots 1,2,3,4 and 5. Prior to the approval of the final map, Embarcadero Lane between the northern and southern boundary of Lot 3 shall be vacated to the underlying property owner. The proposed Embarcadero Lane shall be privately owned and maintained. PC RES0 NO. 5806 33 -16- 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 63. 64. 65. 66. A vehicular and pedestrian access easement shall be granted over Lot 3 to all property owners and residents within Poinsettia Properties Planning Areas 2, 3, 4 and 5. Vehicular gates or similar obstructions are prohibited on Embarcadero Lane. A gate is permissible for the underground garage as shown on the tentative map. A sign shall be posted at the driveway entrance to said underground parking stating that parking is for resident use only. Prior to recordation of the final map, a drainage easement shall be recorded over portions of Lot 3 for the benefit of Poinsettia Properties Planning Area 5 (Lot 4 of CT 97-10, Map 13785). Said easement shall encompass areas on Lot 3 that will receive surface and subsurface drainage. Developer shall execute a Traffic Signal Improvement Agreement to design and install to City standards and post appropriate security as provided by law, two traffic signals to be constructed to the satisfaction of the City Engineer. The improvements shall consist of: a. Design and construct a new fully actuated traffic signal at both intersections of Avenida Encinas and Embarcadero Lane. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. / Developer shall post security for the design and construction of said improvements. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last certificate of occupancy has been issued within this Development. The traffic signal shall be installed only when written approval is received by the City Engineer. Final Map Notes 67. 68. Developer shall show on Final Map the net developable acres for each parcel. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the exception of the following: I. 11. Curb and gutter on Avenida Encinas; Transitional Asphalt Concrete Pavement and Base on Avenida Encinas; and PC RES0 NO. 5806 -17- 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 28 111. All Fire Hydrant, water, and sewer facilities within the Avenida Encinas public right-of-way and the public utility and access easement over Embarcadero Lane. B. C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. D. Easement recording information. Special Conditions 69. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Water 70. 71. 72. 73. 74. 75. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 1 The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. PC RES0 NO. 5806 -18- 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 76. 77. 78. 79. 80. 81. 82. 83. Fire 84. 85. 86. - The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the (Tentative Map/Site Plan) to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement The Developer shall provide separate potable water meters for each separately owned unit. plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 1 The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The Developer shall submit a detailed recycled water study, prepared by a Registered Engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The entire project shall be equipped with automatic fire sprinklers. Standpipes are required in parking structure. Fire alarms are required in the day care and residential structures. PC RES0 NO. 5806 Jb -19- 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 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100 Atrium doors shall be equipped with magnetic hold open devices. Any proposed trees on Embarcadero Lane shall not encroach 011.3 the roadway and shall be maintained to a clear height of 13 feet 6 inches. The entire project, including the parking structure and storage units, shall be equipped with automatic fire sprinklers in conformance with Carlsbad Fire Department directive #7. Knox boxes and fire extinguishers are required. In addition to the Knox Key Box at the parking structure entrance, a Knox Box shall be required at any pedestrian gate, or access that may become locked, at the entrance to any occupancy other than dwelling units and at the doors that provide access to fire sprinkler risers and fire alarm equipment. A Knox Key switch override shall be required for gate operation. Emergency access gates shall be provided on Avenida Encinas to the day care play yard. The owners shall establish a maintenance agreement whereby utilities and fire protection shall be maintained at all times. If a fire hydrant does not exist on Avenida Encinas within 100 feet of the backflow device for the daycare building, an additional hydrant will be required. Doors for the private storage areas in the underground parking structure shall be rated for 1 1/2 hour. Elevators shall be sized per UBC 3003.5a for gurney-sized elevators. / Code Reminders Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PC RES0 NO. 5806 -20- 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 28 101. 102. 103. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 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 approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Go,vernment 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... PC RES0 NO. 5806 -21- 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 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: d JEFMN. SEGALL, erson CARLSBAD PLANNING COMMISSION ATTEST: CI DON NEU Assistant Planning Director PC RES0 NO. 5806 -22- a9 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 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 COMMERCIALRETAIL 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, “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 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 30 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 TraveVRecreation Commercial and Residential High-Density (TFURH) 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 cdnsistent 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 Eqcinas and Embarcadero Lane); (2) mixed-use development in Planning Area 6 consisting of commercial/retail, 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- 31 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 fhrther 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 thdr 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 - 3A 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: A / JEFdXfN. SEGALLwairperson CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5807 -4- 33 1 2 3 4 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. 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 I (“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 2 l.O6/Section 2 1.53.120 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 3Lf 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, the Planning Commission RECOMMENDS APPROVAL of POINSETTIA COMMONS - SDP 04-09 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 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 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 .$rafEc 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 Ievels 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 35 PC RES0 NO. 5808 -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 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 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 wi$h 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. ... ... ... ... ... PC RES0 NO. 5808 -3 - 36 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 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: DON NEU Assistant Planning Director PC RES0 NO. 5808 -4- 37 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 PLANNING COMMISSION RESOLUTION NO. 5810 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 04- 26 TO DEVELOP A MIXED-USE PROJECT CONSISTING OF THE SUBDIVISION AND DEVELOPMENT OF 18,337 SQUARE FEET OF COMMERCIALRETAIL USES, A 3,296 CONDOMINIUM UNITS, 15 LOFT CONDOMINIUM UNITS, AND 12 AFFORDABLE APARTMENTS ON 5.29 ACRES GENERALLY LOCATED SOUTH OF AVENIDA ENCINAS EMBARCADERO LANE WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA COMMONS SQUARE FOOT DAY CARE CENTER, 51 LIVE-WORK AND NORTH OF THE EAST-WEST SEGMENT OF CASE NO.: CDP 04-26 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 Properdes, 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 Coastal Development Permit as shown on Exhibits “A” - “FFF” dated January 5,2005, on file in the Planning Department, POINSETTIA COMMONS - CDP 04-26 as provided by Chapter 2 1.201.040 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 CDP. 38 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. 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 - CDP 04-26 Findings: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the development does not obstruct public views of the coastline as seen from public lands or rights-of-way; no agricultural activities, sensitive resources, public access or shoreline access, or water-oriented recreation activities are impacted. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that mixed-use pedestrian link corridors are provided from the site to the Poinsettia Coaster Station in accordance with the Poinsettia Properties Specific Plan (SP 210). There are no additional public access or recreation requirements for the property since the property is not a shorefront property. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 2 1.03 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone (Chapter 2 1.204 of the zoning Ordinance). The project is located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is subject to the Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance). The project is consistent with the Coastal Agricultural Overlay Zone in that the required agricultural conversion fee shall be paid prior to final map approval or issuance of a grading permit, whichever occurs first, in accordance with the provisions of the overlay zone and Final Program EIR 96-01 for SP 210. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of grading permit, whichever occurs first. 39 PC RES0 NO. 5810 -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 1. 2. 3. 4. 5. 6. ... ... ... 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 Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal 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. This approval is granted subject to the approval of CT 04-11, PUD 04-10, SDP 04-09, and CUP 04-15 and is subject to all conditions contained in Planning Commission Resolutions No. 5806,5807,5808 and 5809 for those other approvals incorporated herein by reference. The applicant shall apply for and be issued the first building permit for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 2 1.201.2 10 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall’apply for and obtain a grading permit issued by the City Engineer. All construction activities shall be planned so that grading will occur in units that c-an be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. PC RES0 NO. 5810 -3- 40 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: JEFMN. SEGALL, sirperson CARLSBAD PLANN~G COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5810 -4- The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: January 5,2005 ~~ I Application complete date: August 18,2004 Project Planner: Barbara Kennedy Project Engineer: David Rick SUBJECT: CT 04-1 1/PUD 04-1O/SDP 04-09/CUP 04-1YCDP 04-26 - POINSETTIA COMMONS - Request for a determination that the project is witlun the scope of the previously certified Poinsettia Properties Specific Plan Program EIR 96-01 and that the Program EIR adequately describes the activity for the purposes of CEQA; a recommendation of approval for a Tentative Tract Map, Non- Residential Planned Unit Development Permit, Site Development Plan, and Coastal Development Permit; and approval of a Conditional Use Permit to develop a mixed-use project consisting of the subdivision and development of 18,337 square feet of commerciaYretai1 uses, a 3,296 square foot day care center, 51 live-work condominium units, 15 loft condominium units, and 12 affordable apartments, on 5.29 acres generally located south of Avenida Encinas and north of the east-west segment of Embarcadero Lane within the Mello 11 Segment of the Local Coastal Program and Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions yo. 5806, 5807, 5808, and 5810 RECOMMENDING APPROVAL of a Tentative Tract Map CT 04-11, Non- Residential Planned Development Permit PUD 04-10, Site Development Plan SDP 04-09, and Coastal Development Permit CDP 04-26; and ADOPT Planning Commission Resolution No. 5809 APPROVING Conditional Use Permit CUP 04-15, based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The subject property is located in Planning Area 6 (PA 6) of the Poinsettia Properties Specifis Plan (SP 210) which is identified as a mixed-use development site. The proposed project would subdivide and grade a 5.29 acre site and develop a mixed-use project consisting of 18,337 square feet of commercialhetail uses, a 3,296 square foot day care center, 51 live-work condominium units, 15 loft condominium units, and 12 affordable apartments. The site is located south of Avenida Encinas and north of the east-west segment of Embarcadero Lane within the Mello I1 Segment of the Local Coastal Program. The project requires approval of a Tentative Tract Map and a Non-residential Planned Development Permit to subdivide the project as an air-space condominium which will allow for individual sale of the market-rate live-work and loft units. A Site Development Plan is required for the affordable housing component and a Conditional Use Permit is required for the day care center. Approval of a Coastal Development Permit is necessary due to the project’s location within the Mello 11 Segment of the City’s Local Coastal Program. The project is not located CT 04- 1 1PUD 04-1 O/SDP 04-09/CUP 04- 15/CDP 04-26 - POINSETTIA COMMONS January 5,2005 within the Appeal Jurisdiction area, therefore the CDP is not appealable to the California Coastal Commission. In order to achieve the 78 units proposed, the project requires an allocation of 17 dwelling units from the City’s Excess Dwelling Unit Bank. The requested actions require approval by the City Council because the subdivision contains more than 50 units. The proposed project is within the scope of the previously certified Poinsettia Properties Specific Plan Program EIR, is consistent with the zoning and land use provisions of the Poinsettia Properties Specific Plan, and incorporates a transit-oriented design focus. As designed and conditioned, the project is consistent with all relevant City regulations and policies. 111. PROJECT DESCRIPTION AND BACKGROUND BACKGROUND In January 1998, the City Council certified the Final Program EIR (EIR 96-01) and approved the Poinsettia Properties Specific Plan. This document addresses eight planning areas wrapping around the east, west and south sides of the Poinsettia Coaster Station as shown in Attachment 10. The Specific Plan was designed to create a transit-oriented development (TOD) project located near the rail station and the nearby major transportation corridor, Interstate 5. The plan incorporates numerous features to create a pedestrian-focused environment where residents can accomplish their daily activities without driving. Six of the eight Planning Areas (PA) have been developed. A total of 448 single-family detached units are located within PAS 2,4, 7, and 8; PA 3 contains a community recreation area (for PAS 2 & 4); and 92 affordable housing units are located within the multi-family project in PA 5. PA 1, located at the southeast comer of Carlsbad Boulevard and Ponto Road allows for future travelhecreation commercial uses. PA 6 is designated as a mixed-use development site and allows for up to 80,000 square feet of commercial uses and 61 residential units. PROJECT DESCRIPTION The 5.29 acre site is located within the southwest quadrant of the City in Local Facilities Management Zone 22. The proposed development is located on two parcels that are separated by Embarcadero Lane, which is currently a public street. The west side of the site is adjacent to the parking lot for the Poinsettia Coaster Station and the eastern portion of the site is adjacent to the Poinsettia Station affordable housing project. The Water’s End single-family residential development is located to the south and the property to the north across Avenida Encinas, owned by Encina Wastewater Authority, is vacant. The property is zoned C-T (Commercial-Tourist) with a General Plan Land Use designation of T-R/RH (TraveVRecreation Commercial and Residential High-Density 15-23 ddac). The site has been previously graded, is currently vacant and does not contain any sensitive vegetation. The primary entrance to the site is located on the northern intersection of Avenida Encinas and Embarcadero Lane. Embarcadero Lane runs in a north/south manner throughout the project site and turns to the east at the southern end of the site to reconnect with Avenida Encinas. The north-south segment of Embarcadero Lane is proposed to be vacated, realigned and reconstructed as a private street. Redesign of the street results in more surface parking due to a diagonal parking layout and privatization will allow for the use of decorative paving in the street, unique parking design features, and a project entry element. A Parking Management Plan has been prepared and parking time limitations will be enforced by the owner’s association to ensure 43 CT 04-1 1PUD 04-1O/SDP 04-09/CUP 04-15/CDP 04-26 - POINSETTIA COMMONS January 5,2005 that there is adequate parking for the commerciaVretai1 uses and for guest parking, and that the project is not impacted by overflow parking fiom the Poinsettia Coaster Station. ,The entrance to the site is accented by decorative entry signage as well as a clock tower/project entry feature in a round-about. The project has been designed as a pedestrian friendly community and pedestrian connections are located throughout the site to connect this community with the Poinsettia Coaster Station and the Water's End residential community. The primary east-west pedestrian connection to the coaster station aligns with the project entry element and includes a wide pedestrian plaza that is adjacent to the commercial/retail uses. A pedestrian walkway has also been designed along the western edge of the project to allow for convenient pedestrian access between the project and the Poinsettia Coaster Station. The buildings have been laid out to create a walkable environment with a mixture of uses that encourages people to park their cars and walk throughout the site. All commercial/retail space will be located on the ground floor, including the 'work" portion of the live-work units, while all residences will be located on the second and third floors to create a traditional urban environment. Commercialhetail uses are located near Avenida Encinas for visibility purposes, and the daycare center will be located in the northeast corner of the site. The sidewalk along Embarcadero Lane is a minimum of 11.5 feet adjacent to the commercial buildings to create a strolling boardwalk. Sidewalks along Embarcadero Lane will be at the same grade as the street to allow for a smooth transition through the site. The diagonal parking spaces will be separated fiom the boardwalk with a raised planter, large potted plant, bollard, or street light located at the end of each parking space. The mixed-use project includes commercialhetail space, day care, live-work units, loft Units, and affordable housing units as described below. CommerciaVRetail Space There will be 18,337 square feet of commercialhetail space on the first floor of Buildings 1 and 2, which are located in the northern portion of the site on either side of Embarcadero Lane. This square footage will accommodate a mix of uses such as real estate offices, coffee houses, banking, bakery, bookstores, restaurants, video rentals, bike shops, tailors, gift stores, etc. It is envisioned that the uses within these commercial buildings will be designed to cater to transit commuters as well as nearby residents and employees of the surrounding business area. Open plazas and benches are incorporated into the project design to create focal points and gathering places and to establish a pedestrian-oriented center for the neighboring communities. Dav Care Center The plan includes a 3,296 square foot day care center as required by the Poinsettia Properties Specific Plan. The day care will cater to area residents, and employees of the surrounding commercial uses, and commuters who utilize the nearby coaster station. The day care center will be incorporated into the mixed-use building (Building 1) located in the northeast portion of the site, but will be completely separated fiom the commercial and residential uses through building design and entrance locations. The day care site includes a playground area that will conform to applicable City and State regulations. Designated parking spaces will be provided in fiont of the daycare allowing parents to park and drop-off or pick-up their chldren. 44 CT 04- 1 l/PUD 04- 1 O/SDP 04-09/CUP 04-1 S/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Live-Work Units Eleven separate live-work buildings containing a total of 51 units are located on the western portion of the site between Embarcadero Lane and the Poinsettia Coaster Station parking lot. Each building will contain four, five or six live-work units, ranging in size from 1,930 to 2,562 square feet (total live-work space). All of the units will be three stories with the ground level designed as a work studio and the upper two stories containing the residential portion of the unit. The buildings are designed so that the work space fronts on Embarcadero Lane, the plaza area, or the coaster parking lot. The back side of the buildings face a private interior courtyard area for the residents. The work studios are either 741 or 1,000 square feet, and are designed to encourage commercial uses by incorporating commercial style interior finishes and utilizing commercial storefront doors and windows. As shown on the elevations, the work studios will be equipped with rollup glass doors that open up to the pedestrian walkways. There will also be a commercial door, which can be used when the rollup door is closed. The work studios will be designed with only half bathrooms, a feature that will help to encourage the use of the downstairs level as work studios rather than extra bedrooms by the owners. Additionally, an interior stairway provides the only access from the first floor work area to the living area above. The residential portions of these units are located on the second and thrd floors and will be designed as lofts, giving the owner maximum flexibility and the ability to create traditional bedrooms if desired. The “live” portion of the loft spaces contain between 1,189 and 1,562 square feet of living area. These units will be offered as market-rate, for-sale condominium units. / Loft units Fifteen for-sale market-rate loft condominiums will be provided above the commercial building located in the northwest portion of the site (Building 2). These units will range in size from 1,163 to 1,2 15 square feet within a two-level, open floor plan, providing flexibility for a unique living style that is not currently available in Carlsbad. . Affordable Amrtments Twelve affordable apartments will be located above commercial uses in the building on the east side of Embarcadero Lane (Building 1). The 12 stacked-flat units each contain 825 square feet of living space. Each of the units are designed with one-bedroom and one bathroom withm an open floor plan for maximum flexibility. The parking plan for the Poinsettia Commons project has been designed to adequately meet the parking needs for all proposed uses. Because the project includes common parking facilities for the residential guest parking and commercial uses, the applicant is requesting a 15% (19 space) parking reduction as provided in Section 21.44.050(a)(5) of the Carlsbad Municipal Code. The proposed parking reduction is discussed in the analysis section of this report. CT 04- 1 1/PUD 04- 1 O/SDP 04-09/CUP 04-1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 The project includes 107 surface parking spaces and 151 underground parking spaces for a total of 258 spaces. The diagonal spaces located along Embarcadero Lane are proposed to satisfy the parking requirements for the commercial uses, day care parent parking (6 spaces), 6 spaces for the affordable housing project (of the 18 required), and guest parking spaces for all of the residential uses. An underground parking garage containing 151 spaces will be located on the west side of Embarcadero Lane beneath the live-work units and Building 2. Access to the underground parking is located near the midpoint of the north-south segment of Embarcadero Lane. A total of 132 enclosed garage parking spaces (66 two-car garages) will be located within the underground parking garage for the 5 1 live-work and 15 market-rate loft condominium units. In some instances, an internal stairway will be provided between the private garage space and the live-work unit above. An elevator and a number of stairwells are also conveniently located throughout the parking garage. Twelve open parklng spaces will be provided as an option item for the affordable apartments, six spaces will be reserved for the employees of the day care center, and one handicap parking space will also be provided. Private storage units are also provided as an option item for each of the 66 live/work and market-rate loft condominium units. These storage units will help to free up garage space for vehicle parlung. Gates will be installed at the entrance to the underground parking garage and no visitor or commercial parking will be provided in the underground structure. Access to the garage will only be allowed through the use of key cards. On weekends, the spaces reserved for the daycare center will be available for use by any of the project residents. Architecture The architectural theme for the project will be Beach style, which draws on the architectural elements of California coastal communities. The buildings utilize a variety of materials and siding types to create an individual identity for each unit. The sidmg materials include stucco, horizontal and vertical siding, and burnished CMU block. Roof designs are varied and include parapet roof structures; shed, mansard and hipped roof designs with composite roofing; and accent areas with metal seam roofs. Each dwelling unit will be designed with operable windows to take advantage of natural ventilation opportunities and each unit has a small balcony area. . Accent elements, varied window designs, and building color will be used to create architectural interest and to reinforce the project design theme. The architectural style and design is in conformance with the requirements of the Poinsettia Properties Specific Plan and the buildings have been oriented to create an urban, pedestrian friendly environment. / Landscaping Thirty-foot wide landscape buffers with meandering sidewalks will be provided along Avenida Encinas. This area will be landscaped with a semi-formal planting design featuring Mexican Fan Palms, Melaleuca trees, and turf areas which undulate between massed plantings of colorhl shrubs and groundcovers to reinforce the existing planting theme along the street frontage. Groups of Mexican Fan Palms mixed with London Plane Trees are also shown along the western edge of the site, adjacent to the coaster station parlung lot. London Plane Trees will be the primary street tree along Embarcadero Lane, with Magnolia trees used as an accent element near the clock tower. Smaller scale accent trees in raised planters will be used within the plaza area and in the private interior courtyard areas between the live-work units. L/d CT 04- 1 1PUD 04- 1 O/SDP 04-09/CUP 04-1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Page 6 USE, CLASSIFICATION, PROPOSED USES & GOAL OBJECTIVE OR IMPROVEMENTS Site is designated for Mixed-use, transit-oriented Travemecreation development consisting of 18,337 Commercial and square feet of commercialhetail Residential High-Density. uses, a 3,296 square foot day care center, 5 1 live-work units, 15 loft units, and 12 affordable apartments. Net residential density is 18.6 ddac. PROGRAM Iv. ANALYSIS COMPLY Yes The project is subject to the following plans, ordinances, policies, and standards: A. B. C. D. E. F. G. H. I. J. K. General Plan T-R/RH (TraveVRecreation Commercial and Residential High- Density 15-23 ddac) Land Use designation; Poinsettia Properties Specific Plan (SP 210); C-T Zone (Commercial-Tourist) Carlsbad Municipal Code (CMC) Chapter 2 1.29; City Council Policy 43 - Proposition E “Excess” Dwelling Unit Bank; Common Parking Facilities (CMC Chapter 21.44, Section 21.44.050(a)(5)); Subdivision Ordinance (Title 20 of the CMC); Non-Residential Planned Development Ordinance (CMC Chapter 2 1.47); Inclusionary Housing (CMC Chapter 21.85 and 21.53); Conditional Use PennitIChild Care Ordinance (CMC Chapters 2 1.42 and 2 1.83); Mello I1 Segment of the Local Coastal Plan, Coastal Development Permit Procedures, Coastal Agricultural Overlay Zone, and Coastal Resource Protection Overlay Zone (CMC Chapters 21.201,21.202, and 21.203); and Growth Management Regulations (Zone 22 Local Facilities Management Plan). The recommendation for approval for this project was development by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The proposed project is consistent with the policies and programs of the General Plan. The T- R/RH (TraveVRecreation Commercial and Residential High-Density) General Plan Land Use designation for the site was adopted concurrently with the Poinsettia Properties Specific Plan and allows the development of commercial uses which serve the travel and recreational needs of tourists and residents as well as allowing residential development at a density of 15-23 ddac. The proposed project complies with all of the elements of the General Plan as outlined in Table 1 below: 1 ELEMENT t-- Land Use CT 04- 1 1DUD 04- 1 O/SDP 04-09/CUP 04- 1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Pave 7 ELEMENT Housing Public Safety Noise Open Space 8L Conservation Circulation Table 1 - GENERAL PLAT USE, CLASSIFICATION, GOAL OBJECTIVE OR PROGRAM Encourage increased integration of housing with non-residential development. A minimum of fifteen percent of all units approved for any master plan community or residential specific plan shall be affordable to lower income- households. Provide project review that allows consideration of seismic and geologic hazards. Interior noise standards of 45 dBA CNEL. Noise from railroad travel through Carlsbad is not disruptive to adjacent land uses and activities. Minimize environmental impacts to sensitive resources within the City. Utilize Best Management Practices for control of storm water and to protect water quality. Requires new development to construct improvements needed to serve proposed development. COMPLIANCE CONTINUED PROPOSED USES & IMPROVEMENTS ~~ Live-work units, loft units, and affordable apartments are mixed with commerciaVretai1 uses. 12 affordable apartments will be constructed on site. These 12 units constitute 15% of the total number of residences. ~~ Project improvements will not significantly impact or be impacted by geologic or seismic conditions. The project is conditioned to comply with the 45 &A CNEL interior noise standard. An acoustical analysis was prepared and showed that the project meets all requirements concerning railroad noise. In addition, a disclosure statement regarding railroad noise will be provided to all buyers and tenants. The project has been designed in accordance with all mitigation measures from the Poinsettia Properties Specific Plan Program EIR. 1 The project will conform to all NPDES and BMP requirements. ~~ All circulation improvements including the vacation and privatization of Embarcadero Lane will be a part of this project. COMPLY Yes Yes Yes Yes Yes Yes Yes Yes 48 CT 04- 1 1PUD 04-1 O/SDP 04-09/CUP 04-1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Page 8 B/C. Poinsettia Properties Specific Plan and C-T Zone The Poinsettia Properties Specific Plan provides a fiarnework for the development of the properties within the Specific Plan area to ensure the logical and efficient provision of public facilities and community amenities for future residents. The proposal is subject to the C-T (Commercial-Tourist) zone development standards as well as the standards included in the Specific Plan. A Non-residential Planned Development Permit, in conjunction with the Tentative Map, is required for subdivision of the project into air-space condominium units. The on-site affordable housing requires approval of a Site Development Plan and a Conditional Use Permit is required for the day care center. These actions are discussed in subsequent sections of the staff report. The Specific Plan allows PA 6 to be developed with up to 80,000 square feet of commercial/ retail uses and up to 61 residential units. Residential units were anticipated to be either residences above commercialhetail areas or live-work units. The proposal includes both types of units. In order to provide more housing opportunities within the context of a “Smart Growth,” transit-oriented development, the applicant is requesting an allocation of 17 units from the City’s Excess Dwelling Unit Bank for the project. City Council Policy 43 authorizes consideration of allowing excess units to be allocated to future “qualifying” residential projects and is discussed in more detail in a subsequent section of this staff report. Commercialhetail uses are proposed within the ground floor of Buildings 1 and 2, which are located closest to Avenida Encinas. Building 1 contains 7,542 square feet of commercialhetail space as well as the 3,296 square foot day care center that is required for hs planning area. Additionally, 12 stacked-flat apartment units, each containing 825 square feet, will be located on the second and third floors of Building 1. These rental units will be used to satisfy the 15% inclusionary housing requirements for the project. Building 2 contains 10,795 square feet of ground floor commercialhetail space and 15 residential units on the second and thud floors. The two-level loft units range in size from 1,163 to 1,215 square feet. - The 5 1 live-work units will be located within 11 separate buildings which fiont on Embarcadero Lane, the public plaza, or the coaster station parking lot. The ground floor work spaces are either 741 or 1,000 square feet for a total of 45,820 square feet of work space in the live-work units. Each unit also has two levels of living space above which ranges from 1,189 to 1,562 square feet. The live-work and loft units will be for-sale, market-rate condominium units. The proposed development within PA 6 meets or exceeds all applicable requirements of the Specific Plan and CT zone including the focus on a pedestrian-oriented development. The project’s compliance with the applicable development standards is demonstrated in Table 2 below: 49 CT 04-1 1PUD 04-1O/SDP 04-09/CUP 04-1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Pane 9 Table 2 - Co STANDARD Permitted Uses Building Height Density Parking Standards Affordable Housing pliance With Poinsettia Proper REQUIRED 80,000 square feet commercial daycare shall be included 61 residential units (see also Density discussion below) Maximum of 35 feet or three stories Maximum of 61 units with provisions to allow for transfer of units between PA’s as long as the total SP 210 dwelling unit allowance of 823 units is not exceeded. A density of 15-23 units per acre is allowed under the RH zone 276 spaces for sum of all uses. Requires approval of common parking facilities (1 5% parking reduction) pursuant to CMC S21.44.050(aM5). 15% of units will be affordable :s Specific Plan/C-T Zone PROPOSED a. 18,337 square feet of commercial day care center condominium units units apartments 35 feet, three stories b. 3,296 square foot C. 51 live-work d. 15 loft condominium e. 12 affordable The project has requested 17 units fiom the City’s Excess Dwelling Bank for a total of 78 units. Results in a total of 61 8 units within SP 210 The project’s net density is 18.6 ddac (excluding Embarcadero Lane). 258 spaces provided 15 1 garage parking kpaces units - 132 spaces for affordable units 6 underground spaces for day care employees 0 2 car-garage for market-rate 0 12 underground parking spaces 0 0 1 handicap parking space . 0 commercial and guest parking 0 represents reduction of 19 107 surface Darkinn spaces spaces (15%) 12 affordable units (15%) are provided onsi te . CT 04-1 1PUD 04-10/SDP 04-09/CUP 04-1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Offer low cost residential opportunities very close to the Poinsettia Transit Station. Table 2 - ComDliance With Poinsettia ProDerties SI the Planning Director. 12 affordable loft apartments will be constructed in the northeast portion of the site. STANDARD Building Setbacks and Landscape Setbacks Architectural Design REQUIRED All buildings shall be setback a minimum of 30 feet from Avenida Encinas. Setback area includes a 20 foot landscaped parkway. 1 0-foot sidehear setback if adjacent to residential. 10 foot building separation The design scale of buildings should be reduced to a more pedestrian level. Encourage housing on upper floors.. Discourage buildings less than :cific Plan/C-T Zone Continued PROPOSED All buildings are setback a minimum of 30 feet from Avenida Encinas. 20 foot landscaped parkway is provided. 10 foot or greater setback south of Building 1. 87.9-foot building setback tkom east property line. 24.9 foot or greater building setback fkom south property line. 1 1.6-foot setback fkom west property line to building. 8.6-foot setback from west property line to balcony. 12 foot or greater building separation. Pedestrian activity is encouraged throughout the project. Walkways and connections to the adjacent transit center have been prdvided and pedestrian focal points where people can gather have been incorporated into the design. All residential units will be on the second and third stones of all buildings. Three story buildings will be constructed. two stories high. SPECIAL REQUIREMENTS Offer commercial uses which are related to the I Allowable commercial uses include: use of the Poinsettia Coaster Station. restaurants, bakery, coffee houses, video rental, banking, dry cleaners, book store, office, professional, and other uses related to the use of the coaster station, which may be approved by CT 04- 1 1PUD 04-1 O/SDP 04-09/CUP 04- 1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 SPECIAL REQUIRE Offer a “mixed use” environment for people to work and live in one location, yet have transportation services available to them. Benches andor outdoor seating shall be provided along all pedestrian pathways. Use pedestrian-level design scale, discourage use of automobiles, provide trails and pedestrian focal points. Streets may be public and/or private. Encourage narrow local streets of 28-foot width with canopy trees. A childcare center shall be incorporated into the development of PA 6. Encourage housing on upper floors and discourage buildings less than two-stories hgh. Encourage connections to residential neighborhoods and direct pedestrian access between buildings and at the Poinsettia Coaster Station. Provide sidewalk amenities such as outdoor seating area and other public gathering spaces. [ENTS CONTINUED The proposed project provides a mixture of uses that allows people to live and work at the same place. Reduces need or use of an automobile. Outdoor seating areas have been provided throughout the project. Buildings are close to the street, large expanses of glass are provided for display areas, pedestrian links are provided to the coaster station, numerous seating opportunities are located along the streets and within the plaza area, bicycle parking is provided. The north-south segment of Embarcadero Lane will be vacated and redesigned as a 28-foot wide private street with angled parking on both sides and canopy street trees between parking spaces. The construction of a 3,296 square foot daycare center is planned for the northeast portion of the site. Residential loft units are located on the second and third floors of Buildingd 1 and 2. Live- work units are three-stories with the work space on the first floor. Pedestrian connections are provided to the Poinsettia Station apartments and Water’s End- development. Mixed-use pedestrian link comdors are provided to the coaster station at several locations. Tables, chairs, and benches are provided within the plaza and along the streets and walkways. The plaza area provides a public gathering space and focal point. Lighting is provided throughout the site. D. City Council Policy 43 - Proposition E “Excess” Dwelling Unit Bank In order to “qualify’ for an allocation of Excess Dwelling Units, a project must possess certain characteristics. The development possesses two of these characteristics: 1. Transit-oriented, “smart growth” development projects where increased residential density is being placed in close proximity to major transit facilities, employment opportunities, and commercial support systems, and CT 04-1 1PUD 04-1O/SDP 04-09/CUl’ 04-1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Pape 12 2. Housing development for lower-income households where a density increase is requested to implement the City mandated 15% low-income requirement of the Inclusionary Housing Ordinance. The project is located adjacent to the Poinsettia Coaster Station, incorporates commercial uses into the project and is also adjacent to employment opportunities. The Specific Plan allows 61 residential units on this site and anticipated that 15% of the units (9 units) would be for low- income households. The proposed dwelling unit increase would result in 14 additional market- rate units and 3 additional low-income units. The resulting density is 18.6 ddac which is slightly below the growth management control point of 19 ddac for the RH (Residential-High) General Plan Land Use designation. The Poinsettia Properties Specific Plan anticipated a total residential build-out of 823 units within the various planning areas. Many of the planning areas could not reach the anticipated density due in part to the detached product type required for several of these planning areas. To date, 540 units have been constructed or approved. With the 78 units proposed in PA 6, a total of 618 units will be provided, or 205 units under the dwelling unit allowance. As each planning area has been developed, the excess units have been transferred to the City’s Excess Dwelling Unit Bank. The Specific Plan allows for a transfer of dwelling units between planning areas, and reallocation of the excess dwelling units may be achieved through the &scretionary review process. Given that the project meets two of the criteria to “qualify’ for allocation of excess dwelling units and that the residential build-out of the Specific Plan area is well under the original number of units anticipated, staff supports the allocation of 17 dwelling units for the project. E. Common Parking Facilities / The project is requesting approval for common parking facilities and an associated 15% parking reduction as provided for in section 21.44.050(a)(5) of the Carlsbad Municipal Code. This - section of the Parking Ordinance provides that when a common parking facility is to occupy a site of 5,000 square feet or more, then the parking requirements as specified in the code for each of the two or more participating buildings or uses may be reduced not more than 15% upon . approval of development plans in the manner prescribed for a conditional use permit. The 15% reduction is only proposed for the 126 surface parking spaces required for the commercialhetail; day care, and guest parking and would result in a reduction of 19 parking spaces for a total of 107 parking spaces on Embarcadero Lane. Required parking for the residential units would not be affected. A parking analysis, dated May 10, 2004, was prepared for the project by Linscott Law and Greenspan. The study concludes that the types of uses planned for the site should not be evaluated as entirely separate uses since shared parking between facilities is expected to occur and this shared parking should be accounted for in planning for the project. Parking along Embarcadero Lane will provide guest parking, drop off7pick up parking for parents with children at the day care center and parking for commercial and retail patrons. While the demand for parking for the commercial and retail patrons and the day care center will mainly occur during the day, most of the demand for visitor parking will occur during the evening hours or weekends when residents are home and retail parking demand is at a minimum. 53 CT 04- 1 1PUD 04- 1 O/SDP 04-09/CUP 04- 1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 The parking analysis includes details regarding parking occupancy by peak demand. The analysis shows that the peak demand for residential parking is 75% of the total demand and would occur at 8:OO p.m. At that time, the parking demand for retail uses drops to 60%, demonstrating that the uses contained in the project operate in a completely different manner with different parking demand peaks and are able to share the same parking supply. A Parking Management Plan has been prepared for the project and is included as Attachment 1 1. The plan indicates that the 107 spaces on Embarcadero Lane will be limited to 3 hour parking Monday through Friday between 7:OO a.m. and 6:OO p.m. in order to deter all-day commuter parking. No time limits will be imposed on Saturdays or Sundays. Six parking spaces adjacent to Building 1 will be set aside to accommodate parents picking up their children at the daycare facility. Parking in these spaces will be’limited to 15 minutes between 7:OO a.m. and 6:OO p.m. on weekdays. With the privatization of the street, the City of Carlsbad will not be responsible for the enforcement of any time limits established along this street. A private company will enter into a contract with the project’s Homeowner’s Association and will enforce parking space time limits. F. Subdivision Ordinance The Engineering Department has reviewed the proposed tentative tract map and concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance (CMC Title 20). All infrastructure improvements, including frontage and project-related roadways and the extension of existing drainage and sewer facilities will be installed concurrently with development. The primary entrance to the site is located on the northern side of the site at the intersection of Avenida Encinas and Embarcadero Lane. Embarcadero Lane runs in a nortwsouth manner throughout the project site and turns to the east at the southern end of the site to reconnect with Avenida Encinas. Adequate vehicular circulation has been provided and the street will be wide enough to accommodate fire and trash trucks, as well as other delivery vehicles. With the development of the project, the northkouth segment of Embarcadero Lane will be vacated, realigned and reconstructed as a private street with diagonal parking on both sides. conversion of hs segment of Embarcadero Lane from a public to a private street will allow the following to occur: / - The . 1. The number of parking spaces will be greatly increased by the use of diagonal parking spaces (26 existing, 107 proposed). 2. Enhanced street paving and an archtectural focal point within a round-about will be provided. 3. Parking time limitations will be enforced by the owner’s association to ensure that there is adequate parking for the commerciaVretai1 uses and live/work units and that overflow parking from the Poinsettia Coaster Station does not impact the project. 4. The northhouth segment of Embarcadero Lane will be maintained by the Poinsettia Commons Owner’s Association. CT 04-1 1/PUD 04-1O/SDP 04-09/CUP 04-15/CDP 04-26 - POINSETTIA COMMONS January 5,2005 The project is conditioned to install private street improvements, including curbs, gutters, sidewalks, planting, street lights, and fire hydrants on Embarcadero Lane. An easement dedication is required to ensure that access rights for residents of PAS 2,4 and 5 will be reserved in perpetuity. Embarcadero Lane is adequate to handle the project’s pedestrian and vehicular traffic and adequate emergency access can be accommodated along the street. The project grading includes 28,000 cubic yards of export as a result of excavation for the underground parking garage. The City’s Engineering Department has indicated interest in using this export for the City’s future Opportunistic Sand Replenishment Program. The developer is conditioned to participate in this future program if it is determined that the soils types are suitable for use as sand replenishment along the beach, provided that the Opportunistic Sand Replenishment Program is in place prior to commencement of grading the underground garage. G. Non-Residential Planned Development The intent and purpose of the Non-Residential Planned Development regulations are to ensure that projects develop in accordance with the General Plan and applicable specific plans and to provide a method to approve separate ownership of units within multiple-unit buildings or planned development lots. The proposal to allow separate ownership of residential units within multiple buildings and to allow for development of a portion of Embarcadero Lane as a private street necessitates the requirement for a Non-Residential Planned Unit Development Permit (PUD 04-10) be processed to supplement the proposed Tentative Map (CT 04-1 1). The site would be subdivided into five lots. Lot 1, a triangular-shaped lot located east of Embarcadero Lane, is the site for Building 1, which includes the day care arid 12 affordable housing units over commerciallretail space. Lot 2 is adjacent to the west side of Embarcadero Lane and includes Buildings 2 through 13. These buildings will be further subdivided into air- space condominiums to allow the sale of the 51 live-work units, 15 loft units, and one commercial/retail space (located on the first level of Building 2). An underground parking garage (beneath Buildings 2 through 13) will provide private parking for all of the residential for-sale units, 12 spaces for the affordable housing units, six spaces for the day care center employees and one handicap parking space. The driveway access and diagonal parking spaces . located along the north-south segment of Embarcadero Lane are contained within Lot 3. Lots 4 and 5 encompass the 20 foot wide landscape buffer areas along Avenida Encinas that will be commonly maintained by the owners association. The project complies with the General Plan and zoning development standards as addressed in the previous discussions. The subdivision will not be detrimental to the health, safety or welfare of persons working or residing in the area and the Specific Plan specifies mixed-use development for this site. The proposed project will provide services and facilities which will contribute to the general well-being of the community and no modifications to the development standards are required to protect public health, safety, and general welfare. There are no size or configuration standards for non-residential planned development lots beyond those imposed as a part of the permit, except that they shall be reasonable as to the intended use and relation to the project. Two lots are being created to accommodate the buildings and are related to the size of the buildings and underground parking garage. The remaining lots will encompass the HOA maintained landscape areas and private streethurface parking areas. CT 04- 1 1 PUD 04- 1 O/SDP 04-09/CI.JP 04- 1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Page 15 Although the project includes a residential component, the Specific Plan states that a Non- Residential PUD is required, rather than a Condominium Permit (CP). Therefore, the Planned ’ Development Standards for residential air-space condominiums are not applicable to this project. H. Inclusionary Housing The City’s Inclusionary Housing regulations require that a minimum of 15% of all approved units in any residential project shall be made affordable to lower income households. The developer is proposing to satisfy the affordable housing requirements on site with the construction of 12 apartments which will be located on the northeast portion of the site. The units are each 825 square feet in size and are located on the second and third floors of Building 1. The parking requirement for a one-bedroom apartment is one and one-half spaces per unit, plus guest parking spaces. Each unit will have one designated parking space within the underground parking garage. The remaining six required parking spaces will be provided on Embarcadero Lane along with the guest parking spaces required for the entire residential component of the project. The developer has been conditioned to enter into an Affordable Housing Agreement to deed- restrict these units as affordable to lower-income households at 80% of the Average Median Income for a period of 55 years. The Affordable Housing Agreement typically requires that the inclusionary housing units shall be constructed either prior to or concurrently with the market- rate units. The developer has indicated that this will not be possible since the eastern parcel must be used as a staging area for construction of the parking garage and podium. After construction has been substantially completed on the western parcel, the playground for the daycare will be used as the staging area for Building 1 which will contain the affordable units. / Rational to defer construction of these units to the final phase of development can be made since there are currently excess affordable units within the Specific Plan. At the time the Specific Plan was developed, it was assumed that the affordable units within PA 5 would be just suflticient to meet the inclusionary housing requirements of PAS 2, 4, 7, and 8. Therefore, the Specific Plan required PA 6 to provide its own on-site affordable housing, as opposed to utilizing housing credits within the 92 unit affordable housing project (PA 5). number of units approved in these planning areas was significantly lower than the number allocated by the Specific Plan. Given the 540 units (market-rate and affordable) which currently exist, together with the proposed 66 market-rate units in PA 6, the 15% affordable housing requirement would be 91 units and 92 are currently provided. After construction of the market- rate units in PA 6, an additional 12 affordable units will be constructed for a total of 16.8 % inclusionary units within the Specific Plan area. - As previously indicated, the . The developer has discussed the phasing issue with the Housing and Redevelopment Director. Given the logistics and safety issues involved with construction, and the fact that there are a sufficient number of affordable units to meet the 15% inclusionary requirement, the Housing and Redevelopment Director supports the request to delay construction of the affordable units to the final phase. CT 04-1 1PUD 04-10/SDP 04-09/CL.JP 04-1 S/CDP 04-26 - POINSETTIA COMMONS January 5,2005 I. Conditional Use PermWChild Care Ordinance The Specific Plan states that a day care shall be integrated into the mixed-use development for PA 6, relative to the standards for the C-1 and C-2 zones. Although these zones require approval of a Site Development Plan (SDP), the Specific Plan requires approval of a Conditional Use Permit (CUP) for development of the day care center. The findings of approval are nearly identical for a CUP and SDP, however a CUP has an expiration period and annual review to ensure that the use does not have a detrimental effect on surrounding land uses. The development proposal includes a 3,296 square foot day care center that will accommodate 60 children. The day care center will be located on the first floor of Building 1, located in the northeast portion of the site. Parking for employees is required at the rate of 1 space per employee and 6 spaces will be provided within the underground parking garage for employee parking. One parking space for each ten children is also required and 6 spaces are provided in close proximity to the building for drop-off and pick-up of the children. The surface parking spaces will be restricted to 15 minute parking between the hours of 7:OO a.m. and 6:OO p.m. on weekdays. The interior layout of the building has not been finalized because an operator has not yet been selected. However, each classroom area will be required to have its own exit to the playground area and the plan includes large windows to provide natural light into the building. The day care is located within a single-story building attached to the east side of Building 1. The entrance to the day care is located near the center of the building, facing Embarcadero Lane and is completely separated fiom any entrances to commercialhetail or residential uses. The 1 1,600 square feet of outdoor play area is located east of the building and is enclosed/by a 6 foot high masonry block sound wall. The facility will be condrtioned to allow a maximum of 60 children and 6 employees to ensure that adequate parking will be provided. Hours of operation for the daycare are not proposed at this time. The required findings for approval of a Conditional Use Permit with justification for each are summarized as follows: 1. The proposed use: a) is necessary and desirable for the development of the community in that the day care is integrated into the mixed-use transit-oriented development and will provide a needed service for the surrounding residents, commuters, and employees of the commercial areas; and b) is consistent with the General Plan in that the Poinsettia Properties Specific Plan required a child day care center to be incorporated into PA 6 and the Specific Plan has been found to be consistent with the General Plan. 2. The proposed site is adequate in size and shape to accommodate the use in that the building is designed as a one-story structure with a security entrance and a large fenced play yard is provided. An adequate number of parking spaces for drop-offlpick-up are conveniently located near the fkont of the building and parking spaces are provided for employees in the underground parking structure. Conditions are included to limit the day care to a maximum of 60 chldren and 6 employees to ensure that adequate parking will be provided. 57 CT 04- 1 1PUD 04- 1 O/SDP 04-09/CUP 04- 1 S/CDP 04-26 - POINSETTIA COMMONS January 5,2005 Pane 17 3. All of the yards, setbacks, walls, fences, landscaping and other features have been incorporated into the project and the use is compatible with the surrounding apartments and proposed mixed-use development. 4. The street system serving the proposed use would not be impacted by the proposed conditional use in that the traffic generated by the proposed day care and the mixed-use development is well below that originally analyzed in the EIR for the Poinsettia Properties Specific Plan. The Specific Plan requires construction of the day care either prior to or when 25% of the square footage withm PA 6 is developed and occupied. As discussed previously, the developer is requesting to delay construction of Lot 1 due to the logistics and safety issues involved with construction. To ensure that the day care is constructed pursuant to the Specific Plan requirements, a condition is included to restrict occupancy of the live-work and loft units. Occupancy for up to 28 live-work units may be obtained prior to issuance of a building permit for Building 1, which includes the daycare. After the building permit for Building 1 is issued, occupancy for the remaining 23 live-work units may be obtained. Occupancy for the 15 condominium loft units may not be obtained until construction has commenced and the foundations are in place for Building 1. J. Mello I1 Segment of the Local Coastal Program The project, as proposed is consistent with all development and resource preservation policies of the Mello I1 Local Coastal Program and its implementing ordinances, Chapters 21.201, 21.202, and 21.203 of the Carlsbad Municipal Code. The property carries the same Ckastal Land Use designation as the City’s General Plan and the land uses allowed by the Poinsettia Properties Specific Plan were approved by the California Coastal Commission in October 1998. Therefore, the proposed use is allowed upon Planning Commission approval of a Coastal Development Permit pursuant to Chapter 21.201. The Coastal Agncultural Overlay Zone (Chapter 21.202) requires payment of an Agricultural Conversion Mitigation Fee prior to development, and thls condition was also included as a mitigation measure for EIR 96-01. The intent of the Coastal Resource Protection Overlay policies and zoning (Chapter 21.203) is to provide additional . protective regulations. The applicable regulations of Chapter 21.203 focus on deterring soil erosion and sedimentation through the provision of adequate drainage facilities. Lots 1, 3 and 4 will drain to the existing storm drains in Embarcadero Lane. Drainage om Lot 2 will continue to flow to the existing bio-swale located on the Water’s End project as it currently flows today. This channel directs drainage to the vernal pools located between the Water’s End project and the railroad right-of-way. The drainage channel in whch runoff is diverted is intended to serve as a water quality treatment area. The proposed vegetated swale is used not only to direct water, but is also designed as a Best Management Practice (BMP), whch is acceptable by National Pollutant Discharge Elimination System (NPDES) standards. Additionally, the project Will be required to comply with NPDES standards to reduce surface pollutants to an acceptable level prior to discharge into the storm drain. A grading permit will be required for the project, and the project is conditioned to comply with the City’s erosion control standards during site preparation and project construction. - CT 04- 1 1PUD 04- 1 O/SDP 04-09/CUP 04-1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 STANDARD Citv Administration K. Growth Management Ordinance (LFMP - Zone 22) IMPACTS COMPLIANCE 271.18 sa. ft. Yes The project site is located within Local Facilities Management Zone 22 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 3 below. Library Waste Water Treatment 144.63 sq. ft. Yes 89.18 EDU Yes Parks Drainage Circulation 0.54 acre Yes Basin D Yes 3.437 ADT Yes Fire Open Space Schools Sewer Collection System Water The project contains 78 residential units at a net density of 18.6 ddac jmd the Growth Management Control Point is 19 ddac. The Poinsettia Properties Specific Plan allowed for 61 residential units within this planning area (PA 6). Therefore the project requires an allocation of 17 units fiom the City’s Excess Dwelling Unit Bank. Station No. 4 Yes NIA Yes Carlsbad Unified Yes 7.0 elementary students 3.1 junior high students 3.8 high school students 89.18 EDU Yes 19,6 19 GPD Yes V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Poinsettia Properties Specific Plan (SP 210) (EIR 96-01), dated July 1997, Cotton/Beland/Associates, Inc. EIR 96-01 evaluates the potential environmental effects of the development and operation of the “Poinsettia Properties Specific Plan” and associated actions including the proposed mixed-use project reviewed herein. The proposed activities would have no effects beyond those analyzed in the Program EIR, as they are a part of the program analyzed earlier. With the additional 17 dwelling units proposed for PA 6, the Specific Plan will have 205 units less than the 823 units allowed for the Specific Plan, and 391 units less than the 1,009 units analyzed under EIR 96-01. Similarly, the traffic generated by the development proposal is calculated at 3,437 ADT which is 1,933 ADT less than the 5,370 ADT calculated for the 80,000 square feet of commercial and 61 residential units previously anticipated for PA 6. CT 04-1 1PUD 04- 1 O/SDP 04-09/CUP 04- 1 5/CDP 04-26 - POINSETTIA COMMONS January 5,2005 The City Council certified EIR 96-01 on January 27, 1998. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program for ElR 96-01 which are applicable to the proposed project have been completed, incorporated into the project design or are required as conditions of approval for the project. Mitigation Measures for Noise Impacts required an acoustical analysis to identify all necessary noise control requirements necessary to meet the City of Carlsbad interior and exterior noise levels. The required studies were provided and the plans have incorporated the required noise wall and interior noise mitigation will be required for the day care and for a number of the residential units. The EIR 96-01 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Poinsettia Properties Specific Plan Final Program EIR. Since the mixed-use project is within the scope of Final Program EIR 96-01, no fiuther CEQA compliance is required. EIR 96-01 and the initial study for the development proposal are available at the Planning Department. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Planning Commission Resolution No. 5806 (CT) Planning Commission Resolution No. 5807 (PUD) Planning Commission Resolution No. 5808 (SDP) Planning Commission Resolution No. 5809 (CUP) Planning Commission Resolution No. 5810 (CDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Poinsettia Properties Planning Areas Parking Management Plan dated June 28,2004 Reduced Exhbits (1 1” x 17’3 Exhibits “A” - “FFF” dated January 5,2005 / POINSETTIA COMMONS CT 04-1 1/PUD 04=1O/SDP 04-091 CUP 04-WCDP 04-26 BACKGROUND DATA SHEET CASE NO: CT 04-1 1PUD 04-1 O/SDP 04-09/CUP 04- 1 5/CDP 04-26 CASE NAME: Poinsettia Commons APPLICANT: David DiRienzo. Urban+West+Strategies 421 North Main Street. Santa Ana. CA 9270 1 REQUEST AND LOCATION: Apuroval of a Tentative Tract Mar,, Non-Residential Planned Unit Develoument Permit, Site DeveloDment Plan, Conditional Use Permit and Coastal Development Permit to subdivide and develor, a 5.29 acre site with 18,337 square feet of commercial/retail uses, a 3,296 square foot day care center, 5 1 live-work condominium units, 15 loft condominium units, and 12 affordable auartments. on property generally located south of Avenida Encinas and north of the east-west segment of Embarcadero Lane within the Mello 11 Segment - of the Local Coastal Promam and Local Facilities Management Zone 22. LEGAL DESCRIPTION: Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Prouerties, in the City of Carlsbad, County of San Diego. State of California, according; to Mar, thereof No. 13785, filed in the Office of the County Recorder of San Diego County on May 2 1, 1999. APN: 214-450-30 Acres: 5.29 Proposed No. of LotsAJnits: 5 lots/ 78 units GENERAL PLAN AND ZONING Land Use Designation: T-WRH (TraveVRecreation Commercial and Residential High-Density) Density Allowed: 80,000 sa. R. commercial and 6 1 dwelling units Density Proposed: 18,337 sq. R. commercial. 3,296 sa. ft. daycare and 78 dwelling units (18.6 ddac) Existing Zone: C-T (Commercial-Tourist) Proposed Zone: N/A 1 Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site C-T T-RiRH Vacant North PM/O PI/O Vacant South RD-M RMH Small lot SFR (Water’s End) East RD-M RH West RD-M-Q RM/O MF affordable housing (Poinsettia Station Apts.) -- Poinsettia Coaster Station PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 89.18 EDU ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, Within scope of previously certified Proam EIR (EIR 96-0 1) CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Poinsettia Commons - CT 04-11/PUD 04-1O/SDP 04-09/CuP 04- LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: TWRH ZONING: C-T (Commercial-Tourist) DEVELOPER’S NAME: David DiRienzo, Urban+West+Strategies ADDRESS: 421 North Main Street Santa Ana, CA 92701 QUANTITY OF LAND USEAIEVELOPMENT (AC., SQ. FT., DU): 5.29 acres ESTIMATED COMPLETION DATE: 15/CDP 04-26 PHONE NO.: 714-567-9260 ASSESSOR’S PARCEL NO.: 214-450-30 A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: 27 1.18 sq. ft. Library: Demand in Square Footage = 144.63 sq. ft. Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = 0.54 acres Drainage: Demand in CFS = 6.6 CFS Basin D / Demand in Square Footage = 89.18 EDU Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = 3,437 ADT (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = No. 4 Open Space: Acreage Provided = N/A Schools: CUSD Elementarv: 7.0, JH: 3.1, HS: 3.8 Sewer: Demands in EDU 89.18 EDU Identify Sub Basin = 22B (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 19,619 GPD The project requires allocation of 17 units from the City’s Excess Dwelling Unit Bank. DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, h, co-partnership, joint venture, association, social club, hternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a comoration or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) / Person David DiRienzo CorpRart Comoration Title President Title Urban+West+Strateaies Address 421 North Main Street INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Address 421 North Main Street Santa Ana, CA 9270 1 Santa Ana, CA 9270 1 2. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (Le, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE @/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person David DiRienzo CorpRart Corporation Title President Title Teak Investors, LLC Address 421 North Main Street Address 421 North Main Street Santa Ana. CA 92701 Santa Ana, CA 9270 1 1635 Faraday Avenue 0 Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 @ SLt 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust Title Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. TG3;p Signature of applicanddate 5 7 oy David DiRienzo. Teak Investors, LLC David DiRienzo, Urban+West+Straterries Print or type name of applicant Print or type name of owner Signature of owner/applicant’s agent .if applicable/date Mike Howes. Hofman Planning Associates Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 DISCLOSURE STATEMENT ATTACHMENT I Additional persons having a financial interest in the application: Tom Schmidt 261 School Avenue Suite 400 Excelsior, MN 55331 Don Augustine, Lynn Wells, Mukesh Assomull 1650 Hotel Circle North Suite 200 San Diego, CA 92108 , POINSETTIA PROPERTIES Parking Management Plan Poinsettia Commons September, 2004 Introduction Poinsettia Commons will be a true transit oriented project that has been designed to reduce the dependence on automobiles. It is anticipated that a substantial portion of the patrons of the future office and commercial uses will come from commuters on the Coaster. They will be able to park at the Coaster parking lot and walk over to coffee shops, cleaners and the day care center rather than making a number of separate trips. In addition to commuters, a strong pedestrian connection will be established between the Water’s End project to the south, residential communities, time-share, and beach visitors to the west and Poinsettia Commons to encourage residents, guests, and visitors to stroll over to the future commercial uses. The peak demand for parking will occur during weekdays between 7:OO A.M. and 5:OO P.M. when most of the commercial/office uses will be open and the adjacent Poinsettia Coaster Station parking lot will be fully utilized. Parking on the north-south segment of Embarcadero Lane will be strictly monitored and controlled during the peak demand period on weekdays by the HOA management company and commercial property management company. On weekends there will be less demand for parking on Embarcadero Lane and plenty of empty parking spaces in the Poinsettia Coaster Station parking lot. However, this mixed- use community is not relying on any of the existing spaces in the Coaster parking lot to fulfill its parking requirements. / Project Description The Poinsettia Commons project consists of 5 1 live work, 15 market rate town home lofts, 12 affordable “loft style” apartments, a 3,296 square foot daycare center that will accommodate 60 children and an additional 18,337 square feet of retail/commercial. Project parking will be provided in an underground parking structure located below the live-work and market rate lofts, and along Embarcadero Lane, the private street running through the middle of the project site. The underground parking structure will be accessed from Embarcadero Lane and will contain an enclosed two-car garage for each live-work and market rate loft, one assigned parking space for each of the 12 affordable apartments and six parking spaces will be reserved for employees of the daycare facility. One handicapped space will also be provided. One hundred seven (107) parking spaces Poinsettia Commons Parking Management Plan 1 will be provided on' Embarcadero Lane for commercial/retail parking, visitor parking and loading/unloading for the daycare center. Underground Parking Garage As previously mentioned, 66 two-car enclosed garages will be located in the underground parking structure for a total of 132 parking spaces. In addition, 19 parking spaces (including one handicapped space) in the structure will be reserved for the affordable units and the daycare facility. No visitor or commercial parking will be provided in the underground parking structure. Gates will be installed at the entrance to the underground parking structure to ensure that these spaces are reserved for residents and daycare employees. Access to the garage will be allowed through the use of key cards. Key cards will be issued to residents at the close of escrow and to daycare employees when they are hired, Residents of the affordable project will be given a key card when they sign their lease. On weekends, residents of the affordable units, live/work units and/or the market rate lofts will be allowed to utilize any of the spaces reserved for the daycare center in the underground parking garage. Embarcadero Lane One hundred and seven parking spaces will be located on Embarcadero Lane for commercialhetail parking, visitor parking and loading/unloading for the daycare center. Poinsettia Coaster Station currently has a parking problem and commuters w?uld likely take any additional parking spaces before most of the businesses in the Poinsettia Commons have opened. To ensure that the parking on Embarcadero Lane is not used by commuters heading to the Poinsettia Coaster Station, all parking on Embarcadero Lane will be limited to three (3) hours Monday through Friday. Time limits will be enforced from 7:OO a.m. to 6:OO p.m. No time limits will be imposed on Saturdays or Sundays. A private company that will enter into a contract with the project's management association will enforce parking space time limits. Because of the privatization of the north-south segment of Embarcadero Lane, the City of Carlsbad will not be responsible for the enforcement of any time limits established along this street. Signage will be posted along Embarcadero Lane to inform motorists of the time restrictions. Additional information on the types and sizes of the signs being used can be found in the Poinsettia Commons Sign Program. Day Care Parking Six (6) parking spaces will be located on Embarcadero Lane adjacent to Building One to accommodate parents picking up their children at the daycare facility. These spaces will Poinsettia Commons Parking Management Plan 2 be limited to a maximum of 15 minute parking between 7:OO A.M. and 6:OO P.M. on weekdays. Guest Parking Guest parking will be limited to Embarcadero Lane. No parking spaces will be set aside as “guest parking”, although residents will be allowed to obtain a temporary parking permit from the Poinsettia Commons management company for visiting guests that may be staying for more than three hours. The management company will issue the visitor parking permit for the requested number of days. Vehicles parked without a permit or with an expired permit must comply with time restrictions or risk being towed. Loading, Unloading and Deliveries No parking spaces will be dedicated for loading, unloading and/or deliveries. Deliveries will be limited to 7:OO A.M. to 1O:OO A.M. on weekdays and 8:OO A.M. to 5:OO P.M. on weekends. Poinsettia Commons Parking Management Plan 3 70 Planning Commission Minutes January 5,2005 DRAFT p;ggBIT 3. CT 04-11/PUD 04-1O/SDP 04-09/CUP 04-15KDP 04-26 - POINSETTIA COMMONS - Request for a determination that the proiect is within the scope of the previously certified Poinsettia Properties Specific Plan' Program EIR 96-01 and that 'the Program EIR adequately describes the activity for the purposes of CEQA a recommendation of approval for a Tentative Tract Map, Non-Residential Planned Unit Development Permit, Site Development Plan, and Coastal Development Permit; and approval of a Conditional Use Permit to develop a mixed-use project consisting of the subdivision and development of 18,337 square feet of commerciaVretai1 uses, a 3,296 square foot day care center, 51 live-work condominium units, 15 loft condominium units, and 12 affordable apartments, on 5.29 acres generally located south of Avenida Encinas and north of the east-west segment of Embarcadero Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 22. Mr. Neu introduced Item 3 and stated Associate Planner Barbara Kennedy would make the staff presentation. Chairperson Segall opened the public hearing on Item 3. Ms.. Kennedy stated the applicant is requesting approval for a mixed-use project located in Planning Area 6 of the Poinsettia Properties Specific Plan. The development proposal includes commercial uses, a daycare, live-work units, loft condominiums, and affordable apartments. The 5.29-acre site is located south of Avenida Encinas and east of the Poinsettia Coaster Station parking lot. The Poinsettia Station Apartment project is located to the east and the Water's End development is located to the south. Embarcadero Lane runs north-south through the site and then turns east to connect with Avenida Encinas again. The Poinsettia Properties Specific Plan was approved in 1998, and was designed to create a Transit- Oriented Development near the rail station and Interstate 5. The primary entrance to the site is at the northerly intersection of Avenida Encinas and Embarcadero Lane. Embarcadero Lane is an existing public street. The north-south segment will be vacated so that it can be redesigned as a tree-lined, private street, with angled parking and enhanced paving & design features. The angled parking spaces on Embarcadero will provide parking for guests and customers, while the residents and daycare employees will have parking spaces within an underground parking structure. Building I will contain about 7,500 square feet of ground floor commercial uses with 12 stacked flat apartments on the 2nd and 3rd floors. These apartments will be used to satisfy the 15% inclusionary housing requirements for the project. The Specific Plan required the development to include a daycare component and the daycare is located near the center of this building, with a large play yard to the east. Building 2 contains about 10,800 square feet of commercial area on the ground floor and 15 loft units are located on the two upper floors of this building. The 51 live-work units are located on the west side of Embarcadero Lane. These units are arranged in 11 buildings with either 4 or 5 units in each building. Both the live-work and loft units will be offered as for-sale condominium units. Parking for the residents is provided within an underground parking structure, which runs the entire length of the site along the west side of Embarcadero. Access to the parking garage is near the midpoint of the live-work buildings. An enclosed two-car garage will be provided for each of the 66 for-sale units; 12 parking spaces will be provided for the affordable units; and 6 spaces will be designated for the daycare employees. The development was designed with a strong emphasis on pedestrian access with a wide boardwalk along the perimeter of the live-work buildings and an axial connection through a large plaza area which connects the project to the Poinsettia Coaster Station. The meandering walkway along Avenida Encinas will be continued along the frontage of this project and will have a 30 to 40 foot wide landscape buffer between the street and the buildings. A secondary pedestrian connection to the Coaster Station will be provided on the south end of the site, where the existing DG trail will be replaced with a sidewalk. The architectural design is Beach Style, which incorporates a variety of architectural elements found within California coastal communities. Planning Commission Minutes January 5,2005 Page 7 Ms. Kennedy presented the building elevation. She stated that 15 loft units in Building 2 will range in size from 1,163 square feet to 1,215 square feet. The 51 live-work units contain either a 740 or 1,000 square foot work area on the first floor. The loft-style living space of the live-work units is located on the second and third floor, and will range in size from 1,189 to 1,562 sq ft. The 12 affordable units in Building 1 are each 825 square feet and are designed with one bedroom and one bathroom. The project has been analyzed for consistency with the applicable polices and regulations. The TraveVRecreation-Commercial land use designation allows for the development of commercial uses which serve the needs of both tourists and residents; and the RH designation allows a density of 15-23 dwelling units per acre. The mixed-use project complies with the programs and policies of the General and Specific Plan, and the development standards of the CT zone, as outlined in the staff report. The Specific Plan allows for the development of up to 80,000 square feet of commercial area, 61 dwelling units, and requires a daycare to be incorporated into the project. The development proposal includes: 18,337 square feet of commercial space; a 3,296 square feet daycare and 78 dwelling units. To achieve the proposed residential density, the project requires an allocation of 17 units from the City’s “excess” dwelling unit bank. The project is considered to be a “qualifying” project since it is a transit-oriented development and because the project is incorporating the affordable housing into the project design. Also, the build-out of the Specific Plan has resulted in a much lower residential density than anticipated. With the allocation of 17 units to this project, the residential yield will still be 205 units under the 823 units that were anticipated for the Specific Plan. The project includes a request to reduce the parking requirements for a portion of the project. The Parking Ordinance allows a 15% parking reduction when a common parking facility is shared by separate uses. In this instance, the 15% reduction is requested only for the commercial and guest parking that occurs on Embarcadero Lane. The request would allow for a reduction of 19 spaces so that 107 spaces are provided on Embarcadero. This would not affect any of the required residential parking which is provided in the underground parking garage. The applicant submitted a Parking Analysis, and the study concluded that adequate parking would be provided with the reduced parking proposal since the demand for commercial and guest parking would occur at different times. A Parking Management Plan has also been prepared for the project which provides time limits for parking on Embarcadero; and which designates time-restricted spaces for the daycare. The parking time limits will be enforced by the management company and this will also assure that overflow parking from the Coaster Station does not impact the project. The project requires approval of a Site Development Plan for the affordable housing component, which will be satisfied by the 12 apartments in Building 1. The one-bedroom units will be affordable to persons with income levels at 70% of the Area Median Income. Typically, the developer is required to construct the units concurrently with the market-rate units. However, the developer has indicated that this will not be possible because the site for the affordable units will be used as the staging ground while the parking garage podium is being constructed. Therefore, the Housing and Redevelopment Director has agreed to an alternate schedule due to the logistics and safety concerns expressed by the developer. The Specific Plan requires a daycare to be integrated into the mixed-use development and this component requires approval of a Conditional Use Permit.. The daycare has been designed to accommodate up to 60 children and 6 employees. The proposal meets the parking requirements with 6 drop-off spaces in close proximity to the entrance and 6 employee spaces in the underground parking garage. A large play yard surrounded by a 6 foot high block wall is provided and each classroom will be required to have it’s own exit to the playground area. Since a provider has not been selected yet, floor plans are not available. However, all of the daycare ordinance requirements will be reviewed during building plan check. An expiration date for the CUP is not proposed since it is a required component of the Specific Plan, however it will be subject to annual reviews by the Planning Department. The project complies with all of the requirements of the Subdivision Ordinance and provides for all required street and infrastructure improvements. A Non-residential Planned Development Permit is required to allow the live-work and loft units to be sold as condominiums and the development meets all of the applicable requirements. The project is consistent with the Mello II Segment of the Local Coastal Planning Commission Minutes January 5,2005 Page 8 Program requirements and the developer will be required to pay an Agricultural Conversion Mitigation Fee prior to issuance of a grading permit. The project is subject to the Growth Management requirements of Zone 22, with regard to the 11 public facilities performance standards and it is in compliance with these standards. With regard to CEQA, a Program EIR was prepared for the Poinsettia Properties Specific Plan. The project was found to have no effects beyond those analyzed in the Program EIR and all mitigation measures identified in the EIR have been incorporated into the project or are required as conditions of approval. Therefore, no further CEQA compliance is required and a Notice of Determination will be filed upon project approval. Because the project contains over 50 units, the project requires approval by both the Planning Commission and City Council. However, the CUP for the daycare only requires Planning Commission approval. The project meets all of the findings for approval, and staff recommends that the Planning Commission adopt the attached resolutions, Ms.. Kennedy concluded her presentation and stated she would be available to answer any questions. Chairperson Segall asked if the applicant wished to make a presentation. The applicant, David DiRienzo, with Urban West Strategies, 1280 Bison Av #B9-609, Newport Beach, gave a detailed presentation. The applicant also submitted to the Commissioners a petition and letters of support of the project. Commissioner Whitton referred to the exhibit showing the bus movements through the project and stated that this exhibit suggests that the developer is proposing bus services. David Rick, Assistant Engineer, explained that staff is not aware of any proposed bus stops in the project and that the intent of the exhibit was to illustrate that a large truck, such as a trash truck, could maneuver through the project. Commissioner Montgomery asked whether a traffic signal would be installed at the project entrance. Mr. Rick stated that the project has been conditioned to require bonding for signals at both intersections of Embarcadero Lane and Avenida Encinas. The City will monitor the need for a signal following occupancy of the project. If a signal is needed within 5 years following the last occupancy of the project, then the City can require the developer to design and install a traffic signal. Chairperson Segall asked if there were any further questions of staff or of the applicant. Seeing none, he asked if there were any members of the public who wished to speak on the item. Jamie Morel, Chamber of Commerce, 5934 Priestly Drive, Carlsbad, spoke in favor of the project and submitted a letter of support on behalf of the Carlsbad Chamber of Commerce. The following speakers all spoke in opposition to the project: Nick Nutter, 6145 Strand Street, Carlsbad Anne Marie Stephenson, 6927 Clearwater Street, Carlsbad Barbara Delaney, 654 Sandside Court, Carlsbad Eleanor Murrell, 6920 Clearwater Street, Carlsbad Phil Jorgensen, 461 3 Sierra Morena, Carlsbad Mike Bender, 6928 Clearwater Street, Carlsbad Mark Levine, 614 Seaward Avenue, Carlsbad Ray Price, 6920 Clearwater Street, Carlsbad Connie Trauer, 618 Seaward Avenue, Carlsbad Marianne Browne, 622 Seaward Avenue, Carlsbad John Suster, 660 Seaward Avenue, Carlsbad All of the speakers stated they feel the project is too dense, the buildings are too tall, and the project will create more parking and traffic in the area. Some stated that there may be noise from the businesses. Some were concerned about more low-income housing and the mixed-use development in general. Many of the nearby residents stated they were not aware that this site would be developed with a mixed- 73 Planning Commission Minutes January 5,2005 Page 9 use project. They also expressed concerns about existing parking and traffic problems related to the Poinsettia Coaster station. Chairperson Segall asked if there were any other members of the public who wished to speak on the item. Seeing none, he closed public testimony on the item and asked staff to respond to the issues raised by the speakers. Ms. Kennedy responded to a question regarding story poles and stated that it was not the City’s policy to require story poles for projects and that the project met the building height limit of 35 feet. The neighboring residences have a maximum height limit of 30 feet. Ms. Kennedy responded to questions related to traffic and stated that the traffic generation from the project was about 1,900 ADT less than anticipated under the EIR. Also, since many of the residents will live and work in their unit, it should result in less traffic in the area. Ms. Kennedy noted that the Poinsettia Coaster station lot was full, but that this project was not obligated to solve that parking problem. She stated that she has heard that NCTD may be interested in building a parking structure at some point in time, but that she knew of no immediate plans to make parking lot improvements. The parking management plan proposed for Embarcadero Lane would reduce the impact from overflow parking on the site since the maximum parking time is 3 hours Monday through Friday. The timed parking would not affect residents of the affordable apartment project since all of their required parking is provided on-site and residents would be able to park on Embarcadero Lane in accordance with the parking management plan time limits. Ms. Kennedy responded to questions regarding setbacks and stated that a 10-foot building setback was required from the southerly property line. However about 22 feet is proposed at the nearest point. Additionally, a 10-foot open space area is provided for the existing temporary DG trail between property line and the rear-yard fence of the residence. The closest distance between buildings was measured to be about 45 feet. The width of the buildings facing the south was measured at about 120 feet, but Ms. Kennedy noted that the live-work units facing south were within two separate structures which breaks the building mass along the back elevation. She also stated that landscaping would be provided along the south property line to screen views between the residences and live-work units. Ms. Kennedy responded to questions about noise and stated that the primary commercial area and daycare were located to the north, furthest away from the Water’s End residents. Businesses such as restaurants would be located in the commercial/ retail areas of Buildings 1 and 2 at the north end of the project. The live-work units, which are near Water’s End, would have businesses that would not generate a lot of noise, such as architects, attorneys, interior design, small beauty salons, and art studios. Mike Howes, Hofman Planning, stated that the types of businesses allowed in the work spaces will be limited. The CC&Rs will help dictate what types of businesses can be established. In addition, City Staff will review each business permit as it is submitted to the City, helping to deter any businesses that are not desirable in these units. The work space is designed to be used as a work space. There is no way to prohibit someone from living in the room, but things are done to make the work space an unattractive living space. For example, the CC&Rs will regulate such things as the installation of window coverings. The units were also constructed with a half bath downstairs, to make living in the space a bit more difficult. Mr. DiRienzo explained that he was proud to be able to provide 12 affordable housing units for his development and that they had originally considered purchasing credits within the Poinsettia Station apartments. Providing the affordable housing on site also resulted in a different type of affordable housing opportunities for individuals. In response to question from Ms. Baker, Ms.. Kennedy stated that the affordable units would be rented at 70% of the Area Median Income level. The one-bedroom units would accommodate a family of one or two with annual income levels of $33,500 to $38,350 and rent ranging from $807 to $927 according to the 2004 calculations. Ms. Kennedy responded to questions regarding density and development type and stated that the project complied with the densities and mixed-use development type anticipated by the Specific Plan. She stated that the project may appear more dense because all of the residential parking is underground and there is not a sea of parking surrounding the project. She noted that the C-T zone does not have a maximum building coverage requirement like the residential properties do. 73 Planning Commission Minutes January 5,2005 Page 10 Ms. Kennedy stated that although Project Site Notification signs were not required for this site, they were posted as a courtesy and two signs have been on site for several months and that the City also sent public hearing notices to all property owners within 600 feet of the site. She stated that the sales offices are required to post General Plan and zoning maps which show the surrounding land uses. Ms. Kennedy recalled that a notice was also included in the CC&Rs for the Water’s End properties identifying that this site was for mixed-use development, along with notices identifying that the site is adjacent to railroad tracks and subject to noise from traffic on the roadways and airplane over flight. The Specific Plan, which as approved in 1998, also identifies this site for mixed-use development and that information, is available to the public at the Planning Counter. Mr. Howes also noted that flyers were sent to all residents within 600 feet of the project, inviting them to attend an informational meeting regarding the project. Only three families showed up. Mr. DiRienzo has also been in contact with John Laing Homes as well as the Water’s End sales office. Ms. Kennedy responded to questions related to daycare parking and stated that 6 spaces were designated for employees in the underground parking lot. Six spaces on Embarcadero would have a 15- minute time limit for drop-off and pick up, however any other available parking space along Embarcadero Lane could also be used by parents. She stated that the hope was that many of the day-care customers would be commuters who would park in the coaster station parking lot and walk their child to the daycare. Mr. DiRienzo responded to questions related to the mixed-use development and stated that people with a home-based office could commute to downtown or other areas to a main office, or clients or employees could use the coaster to get to the businesses. Also, the commercial areas are intended to serve the surrounding businesses, residential areas, and commuters by providing convenient services such as the daycare, dry cleaners and restaurants. Mr. DiRienzo responded to architectural questions and stated that the architectural design was Beach style and that a great amount of detailing was integrated into the design to create interesting buildings from a distance and from a pedestrian level. The buildings do not exceed the %-foot height limit and underground parking is provided for the residents. Ms. Kennedy reiterated that the project met the development standards and the intended use of the Specific Plan. Commissioner Montgomery noted that a transfer of 17 dwelling units from the excess dwelling unit bank is requested and the project qualifies for the additional units because it is transit- oriented and also provides it’s own affordable housing. As staff pointed out, all of the residential projects in the specific plan area have come in below the anticipated densities and these excess units have been transferred into the excess dwelling unit bank. He stated that he supported the request because it reflects transferring the units back into the specific plan and the project density does not exceed the growth management control point of 19 dwelling units per acre, and it is for a transit-oriented development which will also provide affordable housing. MOTION ACT ION : Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5806, 5807, 5808, and 5810 recommending approval of a Tentative Tract Map CT 04-11, Non- Residential Planned Development Permit PUD 04-1 0, Site Development Plan SDP 04-09, and Coastal Development Permit CDP 04-26; and adopt Planning Commission Resolution No. 5809 approving Conditional Use Permit CUP 04-1 5, based on the findings and subject to the conditions contained therein. DISCUSSION Commissioner Montgomery stated that over time, the nearby residents will come to embrace the project. He stated that this project is a wonderful example of smart growth. VOTE: 7-0 AYES: NOES: None Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton 75 EXHIBIT 6 January 3,2005 Chairman Jeff Segall Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Chairman Segall: The Carlsbad Chamber of Commerce asks for your support of the Poinsettia Commons project. Offering a sensible mix of retail and live/work residences, the project will provide needed housing in an efficient manner. Poinsettia Commons will be a prime example of Carlsbad’s continual leadership in model community development. Conveniently situated across from the popular Poinsettia Coaster Station, the development will be an ideal “transit -oriented” community. As Southern California continues to grow, far-sighted projects like Poinsettia Commons will be a valuable asset to the well-being of San Diego County’s workforce. According to the Small Business Association, home-based businesses make up roughly half of all U.S. businesses. With the increase in affordable technology, home-based working is attracting more and more businesses. Live/work lofts, such as those in Poinsettia Commons, will be business incubators, providing entry points for start-ups. The Carlsbad Chamber of Commerce supports this project for being a valuable live/work community with beach style architecture that will blend well in the paradise community of Carlsbad. Sincerely, President and CEO Carlsbad Chamber of Commerce ACCREDITED 5934 Priestly Drive Carlsbad, California 92008 Phone: (760) 93 1-8400 Fax: (760) 93 1-9 153 E-mail: chamber@carlsbad.org Web: www.carlsbad.org - Poinsettia Transit Village in Carlsbad, CA PROPOSED DEVELOPMENT ENDORSEMENT The purpose of this document is to express support for and Urban + West+ Strategies’ proposed Transit Oriented Mixed-Use Livework Loft Community (Tract # ) located at The Coaster Station within the City of Carisbad off Avenida Encinas and Embarcadero Way. Date: September 2004 My signature below signifies my support and endorsement for the proposed Urban+West+Strategies development. I have met with representatives from this company and I do not have any concerns nor objections about their proposed development. Accordingly, I would like to see the City of Carlsbad approve this community as submitted. - NAME / SIGNATURE ADDRESS PHONE NUMBER Poinsettia Transit Village in Carlsbad, CA PROPOSED DEVELOPMENT ENDORSEMENT The purpose of this document is to express support for and Urban + West+ Strategies' proposed Transit Oriented Mixed-Use LiveMlork Loft Community (Tract # ) located at The Coaster Station within the City of Carlsbad off Avenida Encinas and Embarcaden, Way. Dabe: September2004 ~~ My signature below signifies my support and endorsement for the proposed lJrban+West+S&ategies development. I have met with representatives from this company and I do not have any concerns nor objections about their proposed development. Accordingty, I would like to see the City of Carlsbad approve this community as submitted. NAME / SIGNATURE ADDRESS PHONE NUMBER 10. 1826 Magnolia Avenue Carlibad, California 92008 14. 15. Poinsettia Transit Village in Carlsbad, CA PROPOSED DEVELOPMENT ENDORSEMENT The purpose of this document is to express support for and Urban + West+ Strategies' proposed Transit Oriented Mixed-Use LiveMlork Loft Community (Tract #f at The Coaster Station within the City of Carlsbad off Avenida Encinas and Embarcadero Way. Date: September 2004 ) located 8 My signature below signifies my support and endorsement for the proposed Urban+West+Strategies development. I have met with representatives from this company and I do not have any concerns nor objections about their proposed development. Accordingly, I would like to see the City of Carlsbad approve this community as submitted. PHONE NUMBER NAME / SIGNATURE ADDRESS Poinsettia Transit Village in Carlsbad, CA PROPOSED DEVELOPMENT ENDORSEMENT The purpose of this document is to express support for and Urban + West+ Strategies' proposed Transit Oriented Mixed-Use Livework Loft Community (Tract # at The Coaster Station within the City of Carlsbad off Avenida Encinas and Embarcadero Way. Date: September 2004 ) located ~- My signature below signifies my support and endorsement for the proposed Urban+West+Strategies development. I have met with representatives from this company and I do not have any concerns nor objections about their proposed development. Accordingly, I would like to see the City of Carlsbad approve this community as submitted. NAME I SIGNATURE ADDRESS PHONE NUMBER 7. Poinsettia Transit Village in Carlsbad, CA PROPOSED DEVELOPMENT ENDORSEMENT The purpose of this document is to express support for and Urban + West+ Strategies' proposed Transit Oriented Mixed-Use Livework Loft Community (Tract # at The Coaster Station within the City of Carlsbad off Avenida Encinas and Embarcadero Way. Date: September 2004 ) located My signature below signifies my support and endorsement for the proposed Urban+West+Strategies development. I have met with representatives from this company and I do not have any concerns nor objections about their proposed development. Accordingly, I would like to see the City of Carisbad approve this community as submitted. NAME / SIGNATURE ADDRESS 1. PHONE NUMBER a. 9. IO. 11. 12. 13. 14. 15. Dr. Greg Shain, D.D.S. Reconstructive, Cosmetic, Orthodontics & Family Dentistry September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Vie Drive Carlsbad,CA 92008 Subject: Poinsettia Commons, Avenida EnCinas and Embarcadem Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. 1 believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wonderhl new dimension to Carlsbad - Owners having homes with dedicated offices on the hrst floor. Its close proximiw to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. 7040 Avenida Encinas, Suite 102* Carlsbad, California 92009*Phone (760) 431-921 1 * Fax(760) 43 1-9837 September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject : Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderfid new dimension to Carlsbad -- Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. 83 2006 Palomar Airport Road Carlsbad, California 92008 (760) 438-7603 fax (760) 431-8964 li . & .- - ~ .f \ %& e- . . . . . . . .. . . - . . . . . September 23,2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject : Poinsettia Common Dear City of Carlsbad: A renida Encina and Embarcadero Way I operate a business in Carlsbad and I believe the proposed Poinsettia Commons project would be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wonderfit1 new dimension to Carlsbad -- owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without adding any additional traffic within our city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, Madha Greenlaw Manager September 23,2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: 1 am a Carlsbad business owner who believes the proposed Poinsettia Commons project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderfid new dimension to Carlsbad -- owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile tr&c on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our frne City. If I can be of further assistance, please do not hesitate to contact me. September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Ernbarcadero Way Dear City of Carlsbad: - I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderlid new dimension to Carlsbad -- Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of fbrther assistance, please do not hesitate to contact me. Sincerely, September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a resident of Carlsbad who has met with a representative on the proposed Poinsettia Commons project. I believe the project would be a smart addition to the City of Carisbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad -- homes with the ground floor designed as a work studio/office. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional trafEc and pollution within our fine city. Your support for this project would be greatly appreciated. Sincerely, f-n PO Box 131 178 Carlsbad, CA 92013 760-431 -3998 voice 760-804-3756 fax September 22,2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: CA LICENSE NO. 0687623 timhutter@sbcglobal.net I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wondefil new dimension to Carlsbad -- Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traf5c on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional trek and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, President 88 The Law Office of Susan Laos 2006 Palomar Afrporr Road Tebphw 760.602.8300 SeundFloor Fd 760.602.9599 Curkhd, CA 92008 Su~m h, Esquire September 27,2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner who believes the proposed Poinsettia Commons project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad -- owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of Mher assistance, please do not hesitate to contact me. Sa Loos, ESQ. September 27,2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner who believes the proposed Poinsettia Commons project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderfid new dimension to Carlsbad -- owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile Wic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, President Pacific Airmotive Corp (760) 889-1 198 CURRAN & ASSOCIATES Magellan Executive Aviation Center 2006 Palomar Airport Rd. Carlsbad CA 92008 Facsimile (760) 602-9599 Telephone (760) 602-8300 September 27,2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner who believes the proposed Poinsettia Commons project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad -- owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. President September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a resident of Carlsbad who has met with a representative on the proposed Poinsettia Commons project. I believe the project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad -- homes with the ground floor designed as a work studio/office. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile trafEc on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional Mic and pollution within our fine city. Your support for this project would be greatly appreciated. September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a resident of Carlsbad who has met with a representative on the proposed Poinsettia Commons project. I believe the project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad -- homes with the ground floor designed as a work studio/office. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traf€ic and pollution within our fine city. Your support for this project would be greatly appreciated. Sincerely, ---, 1 %-% <- /.-- 43 September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a resident of Carlsbad who has met with a representative on the proposed Poinsettia Commons project. I believe the project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderfd new dimension to Carlsbad -- homes with the ground floor designed as a work studio/office. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traEic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. Your support for this project would be greatly appreciated. Sincerely, 9t' September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a resident of Carlsbad who has met with a representative on the proposed Poinsettia Commons project. I believe the project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wondefl new dimension to Carlsbad -- homes with the ground floor designed as a work studio/office. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. Your support for this project would be greatly appreciated. Sincerely, September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a resident of Carlsbad who has met with a representative on the proposed Poinsettia Commons project. I believe the project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad -- homes with the ground floor designed as a work studio/office. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traflic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional trafk and pollution within our fine city. Your support for this project would be greatly appreciated. Law Offices of RONALD J. COZAD MAGELLAN AVIATION BUILDING * MCCLELLAN-PALOMAR AIRPORT 2006 Palomar Airport Road, Suite 21 4 Carlsbad, CA 92008 Telephone (760) 43 1 -8200 Facsimile (760) 431 -1 244 cozud/uw@sbcaloba/. net September 27,2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner who believes the proposed Poinsettia Commons project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad -- owners having homes with dedicated offices on the first floor. Its proximity to the NCTD Train Station and other businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Ronald J. Cozad 99 September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a resident of Carlsbad who has met with a representative on the proposed Poinsettia Commons project. I believe the project would be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wondm new dimension to Carlsbad -- homes with the ground floor designed as a work studio/office. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile @IC on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. Your support for this project would be greatly appreciated. September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderfid new dimension to Carlsbad -- Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, 9P IZOD#933 Carlsbad Company Stores 5630 Paseo Dei Norte Ste I14 Carisbad, CA 92008 760-93 1-0585 Name Phone Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadem Way Dear City of Carlsbd. I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wondd new dimension to Carlsbad - hers having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile tdic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadem Way Dear City of Carlsbad. I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wondefi new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traflic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traac and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 - THE PUMA OUTLET STORE CARLSBAD.STOREBPUMA.COM 5620 PASEO DEL NORTE BLDG. 1100 SOUTH SUITE 1166 CARLSBAD. CA 92008 TEL 760.438.471 1 FAX 760.438.401 1 puma.com Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wonderfid new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traftic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traflic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, loa September 2004 DeAnna Sausedo Store Manager 561 0 Paseo Del Norte, Suite # 11 2 Carlsbad. CA 92008 tel760.929.8625 fax 760.929.8654 www.bebe.com Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wonderfid new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. September 2004 760.43 1.1 777 760.431.1 138 Fax 760.51 8.9031 Cell 22274 For+ Avmm (brlsbod,a 92008 .. sirspeedy.coa/carlsbad Eaoil: aikeQsirspecdy0367.com Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadem Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad - Owners having homes with dedicated offices on the frrst floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traac on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad. I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area- It provides a wondefi new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traac and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. /D 5- Lids" aepremoer LUW Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderfid new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution witbin our he city. If I can be of Mer assistance, please do not hesitate to contact me. September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carisbad and the immediate surrounding area- It provides a wonderfid new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional tmfTic and pollution within our fine city. If I can be of Mer assistance, please do not hesitate to contact me. Sincerely, Mon. - Fri. Sat. 7:OO - 7:OO 8:OO - 6:OO WINDMILL CLEANERS NO- NAMEr y&g //: <-/ < / - PHONE 10% OFF WHEN CASH PAID IN ADVANCE 6020 Paseo Del Norte Carlsbad, CA 92008 96 (@3)438-7565 SWIM CENTER Carlsbad Company Stores 5630 Paseo Del Norm 144D Carlsbad, CA 92008 760-9304393 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wondefi new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. $60FF $70FF $8 OFF $9OFF pq e Sz&nutzue Service Expie September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wonderful new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. me. September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding arm It provides a w0nderfi.d new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within OUT fine city. If I can be of further assistan=, please do not hesitate to contact me. Sincerely, Primo Pizza & Pasta - Faxm334-5558 191 N. El Camino Real Ste 110 Endnitas,CA 92024 m431-7155 Fa~~4314743 71 10 Avenida Encinas Sle 103 Carlsbad,CA 92009 -.. _. . . .. . ... -- September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons Rear City of Carlsbad: I operate a restaurant in the neighborhood of the new proposed Poinsettia Commons project. I believe it would be in the best interest of Carlsbad and the local merchants to allow this project to move forward. The projects close proximity to shopping and NCTD Train Station will keep traffic at a minimum while significantly improving business at my establishment and other nearby merchants. Your support for this project would be greatly appreciated. I welcome the idea of hosting friends, family members and hture owners of “Poinsettia Commons” at my restaurant. Sincerely, 7e PA Buffet & Restaurant W All You Can Eat ~~~~ $575 Lunch $671 Dinner Beer - Wine Banquet Facility (1-5 Exit Poi West - Lch on Ami& Encinas) Take Out - Catering 7040Avenida En- carlsbd, CA 92009 (760) 431-7001 September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons Dear City of Carlsbad: I operate a restaurant in the neighborhood of the new proposed Poinsettia Commons project. I believe it would be in the best interest of Carlsbad and the local merchants to allow this project to move forward. The projects close proximity to shopping and NCTD Train Station will keep traffic at a minimum while significantly improving business at my establishment and other nearby merchants. Your support for this project would be greatly appreciated. I welcome the idea of hosting friends, family members and future owners of “Poinsettia Commons” at my restaurant. Sincerely, 42 YEARS EXPERIENCE FWAF MEMBER NAWCC uc KO269 TICK TOCK DOC CLOCKS BOUGHT & SOLD CASH FOR OLD CLOCKS CLOCK & WATCH REPAIR RICHARD F. IVKOVICH PATRICIA A. IVKOVICH (760) 729-1 225 September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area. It provides a wonderful new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traac and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, I /' September 2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons Dear City of Carlsbad: I operate a restaurant in the neighborhood of the new proposed Poinsettia Commons project. I believe it would be in the best interest of Carlsbad and the local merchants to allow this project to move forward. The projects close proximity to shopping and NCTD Train Station will keep traffic at a minimum while significantly improving business at my establishment and other nearby merchants. Your support for this project would be greatly appreciated. I welcome the idea of hosting fiiends, family members and hture owners of “Poinsettia Commons” at my restaurant. 0- I I lalomar PacWk Shell a PALOMAR SHELL carksAlspuro Sewice Manager I 665 Palomar Airport Road Carlsbad, CA 92009 '-U60)438-3656 F-L'60)4386929 aepremoer ~uu4 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wonderfbl new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional tmE6c and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding ara It provides a wonderlid new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile trafiic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of Mer assistance, please do not hesitate to contact me. / Sincerely, Sweet Factory@ Business Manager 5630 Paseo Del Norte. Sp. #I 26, Carlsbad. CA 92008 (760) 804-008 I September 20W Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadero Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wonderfd new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile td5c on Carlsbad streets. Residents will be able to wak or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Sincerely, Restaurant & PiPeria 300 Carlsbad Village Drive #208 Carlsbad, CA 92008 (760) 720-1132 SPIRITO~S Restuuruant 6 Pizzeria Michael &Jamie Spirit0 By The Slice 5812 Van Allen Way #I30 Carlsbad. CA 92008 (76oj 43 1-8704 September 2004 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadem Way Dear City of Carlsbad. I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding ara It provides a wondd new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traffic on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other estabiishments without additional traf€ic and pollution within our fine city. If I can be of kther assistance, please do not hesitate to contact me. Sincerely, CARLSBAD CO. STORES Vans, Inc. 5633 f‘m bl NO*, 0-124 Carlsbad City Council Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject Poinsettia Commons, Avenida Encinas and Embarcadem Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area- It provides a wonderfbl new dimension to Carlsbad - Owners having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and other local businesses will work to reduce automobile traac on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of further assistance, please do not hesitate to contact me. Vehicle Integrated Products, Inc. WCK HU~N GmrnlSJe.Muugs 6060 Avenida Enanv Grisbad. CA 92003 (760) 929-6000 FAX (760) 9296006 (800) 5224004 khusron@vipwow.com www.vipwow.com aepremoer ~uu4 Carlsbad City Council . Carlsbad Planning Commission City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Poinsettia Commons, Avenida Encinas and Embarcadem Way Dear City of Carlsbad: I am a Carlsbad business owner in the area of the new proposed Poinsettia Commons project. I believe the project will be a smart addition to the City of Carlsbad and the immediate surrounding area It provides a wondd new dimension to Carlsbad - hers having homes with dedicated offices on the first floor. Its close proximity to the NCTD Train Station and othex local businesses will work to reduce automobile traflt?c on Carlsbad streets. Residents will be able to walk or bicycle to the adjacent shopping center and other establishments without additional traffic and pollution within our fine city. If I can be of Mer assistance, please do not hesitate to contact me. Sincerely, NOTICE OF PUBLIC HEARING COMPLETE DATE: August 23,2004 Request for a determination that the project is within the scope of the previously certified Poinsettia Properties Specific Plan Program EIR 96-01 and that the Program EIR adequately describes the activity for the purposes of CEQA; and approval of a Tentative Tract: Map, Non-Residential Planned Unit Development Permit, Site Development Plan, and Coastal Development Permit to develop a mixed-use project consisting of the subdivision and development of 18,337 square feet of commercial/retail uses, a 3,296 square foot day care center, 51 live-work condominium units, 15 loft condominium units, and 12 affordable apartments, on 5.29 acres. DESCRIPTION: LOCATION : This project is within the City of Carlsbad’s Coastal Zone south of Avenida Encinas and north of the east-west segment of Embarcadero Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 22. ASSESSOR’S PARCEL NUMBER: APPLICANT: 21 4-450-30-00 Urban West Strategies David Direnzio 421 No Main St Santa Ana, CA 92701 A public hearing on the above proposed project will be held by the City Council on Tuesday, February 1, 2005, at 6:OO p.m. NOTE: BECAUSE OF CONSTRUCTION RENOVATION OF THE COUNCIL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE, THE ANTICIPATED LOCATION OF THE COUNCIL MEETING WILL BE AT THE SCHULMAN AUDITORIUM, DOVE LIBRARY, 1775 DOVE LANE, CARLSBAD, CALIFORNIA. IF THE CONSTRUCTION IS COMPLETE, THE REGULAR MEETING WILL BEAT THE COUNCIL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE. PLEASE CHECK THE AGENDA ON-LINE OR CALL THE CITY CLERK’S OFFICE TO CONFIRM THE LOCATION OF THE CITY COUNCIL MEETING: (760) 434-2808. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the agenda bill will be available on or after Friday, January 28,2005. If you have any questions, or would like to be notified of the decision, please contact Barbara Kennedy at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 pm., Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4626. APPEALS The time within which you may judicially challenge this Tentative Tract Map, Non-Residential Planned Unit Development Permit, Site Development Plan, and Coastal Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map, Non-Residential Planned Unit Development Permit, Site Development Plan, and Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 prior to the public hearing. 1. Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. CASE FILE: CT 04-1 I/PUD 04-1O/SDP 04-09/CDP 04-26 CASE NAME: POINSETTIA COMMONS PUBLISH: January 21,2005 SITE - POINSETTIA COMMONS CT 04-1 l/PUD 04-1O/SDP 04-09/ CDP 04-26 AGENDA ITEM # /d E: Mayor From: "Mancuso, Lynda M." <LYNDA.M.MANCUSO@saic.com> city copndl To: "'mstro@ci.carIsbad.ca.us"' <mstro@ci.carlsbad.ca. us> CttYM~WeP Date: 02/01/2005 2:10:05 PM CitgAt-q *- Subject: Poinsettia Commons Dear Marilyn- _~__ - I am sending this email to you at the suggestion of Barbara Kennedy, who at City Council for their review and consideration. indicated you would be kind enough to forward to the appropriate person(s) My husband and I are owners and occupants of a home in the Waters End off of Avenida Encinas, near the coaster station (parcel #214-450-30-00). The proposed mixed-use project poses many concerns for us, such as ge-A 2-\-05 C;t3 CLGK bf* Qi*3 Beg. ml) C\& UT 0'. C\e+ community and were very disturbed to learn of the plan to develop the area congestion, safety issues, density and noise that both the commercial and residential development would create. Further, we are also very concerned about the types of commercial businesses that may open within this area and the "element" they may attract within our community. We feel that this development is not in the best interest of the nearby commercial & residential developments in the area. The referenced open space is merely a narrow strip of coastal land. Must every inch be seized for development? We seriously cannot understand why this development would be in the best interest for the City of Carlsbad to approve. We appreciate your consideration. Sincerely, Lynda & Gary Mancuso February 1,2005 TO: CITY COUNCIL FROM: PLANNING DEPARTMENT e8- \’28 All Receive For the Idormation of the: SUBJECT: CT 04-1 l/PUD 04-10/SDP 04-09/CDP 04-26 - POINSETTIA COMMONS The following is a suggested condition for additional landscape screening between the south end of the Poinsettia Commons Project and the adjacent Water’s End residential development: #. A mixture of 48” and 60” box specimen or field grown trees shall be planted along the south edge of Buildings Nos. 8 & 9 to create a landscape screen between this building and the existing single-family homes in Water’s End. The exact mixture of species and specimen size shall be subject to the review and approval of the Planning Director. also be an attractive nuisance to children who may play in the vicinity of the railroad. (c) The Project is located in the vicinity of Interstate Highway 5, Poinsettia Lane, Avenida Encinas, and Embarcardero Way. Residents of the Project will be exposed to noise, air pollution, and traffic congestion relating to these highways and streets. (d) The Project is located in the vicinity of the Encina Wastewater Treatment facility, and a sewer pump station will be located in the southwest.corner of the Project. Residents of the Project will be exposed to noise and unpleasant odors associated with the wastewater treatment facility and sewer pump station. (e) The Project is located within the vicinity of an airport. Residents of the Project will be exposed to noise, odors, exhaust, dust, air pollution, vibrations, lights, and traffic congestion relating to the operation of the airport. (f) The Project is located within the vicinity of the Encina power plant. Residents of the Project will be exposed to noise, air pollution, and lights relating to the operation Of the power plant. (9) The Project includes a public trail and internal sidewalks leading to adjoining areas to the north of the Project, a railroad station, an open space trail that runs adjacent to the railroad, and pedestrian walkways outside of the Project. Residents of the Project will be exposed to noise and pedestrian traffic through the Project associated with the public trail and sidewalks. @ The property immediately north of the Project has been zoned as a mixed use commercial site. Residents of the Project will be exposed to noise, lights, air pollution, and traffic congestion associated with the use of such site. Each Owner, for and on behalf of himself and the members o his family, his tenants, lessees, guests and invitees, expressly approve all of the foregoing conditions and risks, and waives all causes of action and covenants not to sue the City, the Declarant, and their respective directors, officers, members, employees, agents and consultants for any damages or injuries which may arise from or relate to any of such conditions and/or risks. Section 13. Davis-Stirlins Act. Notwithstanding the provisions set forth in this Declaration, various laws (including, - 18324.220-6024.FCM 092602 -108- SanDiego Walk SanDiego P.O. Box 122491 San Diego, CA 92112-2491 mail@walksandiego.org www.walksandiego.org January 25,2005 Mike Howes Hofman Planning Associates 5900 Pasteur Court, Suite 150 Carlsbad, CA 92008 Dear Mr. Howes: As you requested, WalkSanDiego has reviewed the plans for the Poinsettia Commons project and rendered an opinion regarding its walkability and qualifications as a “smart growth” development. Although it is modest in scale, I can tell you without hesitation that rarely do we see a project that meets so many of the design objectives we have been advocating for the last six years. As you know, WalkSanDiego promotes walkable communities throughout the San Diego region. With the current obesity epidemic and growth in traffic delays, it is more important than ever to ensure community design follows basic smart growth principles: 0 Provides an inviting pedestrian environment by avoiding blank walls, dead spaces, and vast parking lots fronting buildings. Architecture should be interesting and transparent, providing “eyes on the street”. Provides a mix of uses -- either horizontally (next door) or vertically (on different floors of the same building) -- open space, retail, and everyday services. This is vitally important because it is not enough to provide a space to walk. Truly walkable communities provide a place to walk to. Provides access to high quality transit services. There is simply no way the region can provide enough roadway space to meet the demand. It is therefore incumbent upon cities blessed with good transit service to ensure that land around transit stops is developed in a way that takes advantage of the service. 0 0 With its attention to design details, the arrangement of parking, proximity to the Coaster and beach, and its mix of uses, Poinsettia Commons clearly exceeds these design principles. I predict this development will serve as a model for future moderate-scale developments throughout the region. Please count WalkSanDiego as among the supporters of this well-conceived project, and feel free to share this letter as you see fit. Andy Hamilton Education Committee Dedicated to enhancing the livability of communities by making walking a safe and viable choice for all people. January 9,2005 Ms. Barbara Kennedy, Ass=. City Planner City of Carlsbad 1250 Carlsbad Village Drive Carlsbad, G4 92008 w: poinsettia Commons Congratulations! As a former student of planning in the Chicago area, I am very excited about this project. An excellent use of the surrounding properties. 4s I’ve looked at the train depot and the many autos parked there over the past few years, Tve often thought it must be ideal for people living in the apartments. .. especially since our freeways have become so congested with the growth. So, this is great. I am concerned however about ingress/egress. We know of the heavy use of the streets there now. And what about the trucks that will be making deliveries to the small business? Certainly you have considered traffic generated by hotels across the way, the kaiser medical facilities? 4 four lane road? While in praise of the Commons, I hope these studies are completed before ‘’we dig”. Otherwise, I still remain excited. And wish You good luck. I have been a resident of Carlsbad for over X) years and why wouldn’t I be concerned? U II - .. Poinsettia CommonsCT 04-11/PUD 04-10/SDP 04-09/CDP 04-26 Location MapA V E N ID A E N C IN A S P A C I F I C O C E A N C A R LS B A D B LV D S D N R POINSETTIA LNIN T E R S T A T E 5 SITEE M B A R C A D E R O L A N E PoinsettiaCoaster StationPoinsettiaStation ApartmentsWater’sEndSite T R A N S I T S T A T I O N P A C I F I C O C E A N546278 13SP-210PlanningAreas Building 1Building 17,542 sq. ft. commercial area12 affordable apartments3,296 sq. ft. daycareBuilding 210,795 sq. ft. commercial area15 loft units51 Live-Work UnitsBuilding 2Underground Parking GaragePlay yardDaycare Building 1Building 17,542 sq. ft. commercial area12 affordable apartments3,296 sq. ft. daycareBuilding 210,795 sq. ft. commercial area15 loft units51 Live-Work UnitsBuilding 2 Looking East from Poinsettia Coaster StationLoft Units1stfloor CommercialLive-Work UnitsLive-Work Units Design Consideration: To incorporate the commercial uses, the residential uses and the live/work uses into one harmonious community. Looking East from Embarcadero LaneAffordable UnitsAffordable UnitsLoft Units1stfloor Commercial & Daycare1stfloor Commercial1stfloor Commercial & DaycareLooking South from Avenida Encinas Design Consideration: To create a “village” street scene that is a vibrant and diverse neighborhood where people can live and work. Analysis™T-R/RH General Plan Designation™SP 210 allows mixed-use development ™Complies with C-T zone development standards Analysis (cont.)™Allowable Useƒ80,000 sf commercial areaƒ61 dwelling unitsƒRequires daycare™Proposed Useƒ18,337 sf commercial areaƒ3,296sfdaycareƒ78 dwelling units (incl. 45,820 sf work space) Analysis (cont.)™Requires allocation of 17 “excess” unitsƒAllowed for transit-oriented projectsƒAllowed for affordable housing™Specific Plan residential build-outƒ823 units allowedƒ540 units constructed/approvedƒ78 units proposed (incl. 17 “excess” units) Common Parking Facilities™15% Parking ReductionƒReduction in commercial & guest parkingƒ19 space reduction on Embarcadero LaneƒNo reduction of residential parking™Parking Management PlanƒEstablishes time limits for on-street parkingƒDesignates spaces for daycareƒEnforced by management companyƒReduces potential impact from Coaster Station overflow parking Site Development Plan™12 affordable apartmentsƒOne-bedroom units (825 sf)ƒAffordable at 70% AMI™Delayed construction schedule due to logistics and safety concerns Analysis (cont.)™Subdivision Ordinance™Non-Residential PUD™Local Coastal ProgramƒMello II Segment™Growth Management –Zone 22™CEQAƒConsistent with Program EIR for SP 210 Recommendation™Approve: CT 04-11, PUD 04-10, SDP 04-09 & CDP 04-26