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
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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
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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
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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.”
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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)
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EXHIBIT 2
SITE -
POINSETTIA COMMONS
CT 04-1 I/PUD 04-1 O/SDP 04-091
CDP 04-26 7
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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.
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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
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4.
5.
6.
7.
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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-
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11.
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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.
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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
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13.
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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-
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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Fire
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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.
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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.
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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.
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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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of January 2005,'by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
d
JEFMN. SEGALL, erson
CARLSBAD PLANNING COMMISSION
ATTEST:
CI
DON NEU
Assistant Planning Director
PC RES0 NO. 5806 -22- a9
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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
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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.
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PC RES0 NO. 5807 -2- 31
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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
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions .”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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
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PLANNING COMMISSION RESOLUTION NO. 5808
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DEVELOP 12 AFFORDABLE APARTMENTS AS PART OF A
LOCATED SOUTH OF AVENIDA ENCINAS AND NORTH OF
WITHIN THE MELLO I1 SEGMENT OF THE CITY’S LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: POINSETTIA COMMONS
APPROVAL OF SITE DEVELOPMENT PLAN SDP 04-09 TO
MIXED-USE PROJECT ON 5.29 ACRES GENERALLY
THE EAST-WEST SEGMENT OF EMBARCADERO LANE
CASE NO.: SDP 04-09
WHEREAS, Teak Investors LLC, a Delaware Limited Liability
Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property described as
Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the
City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 13785, filed in the Office of the
County Recorder of San Diego County on May 21,1999 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:
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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-
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future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of CT 04-11, PUD 04-10, CUP 04-15,
and CDP 04-26 and is subject to all conditions contained in Planning Commission
Resolutions No. 5806,5807,5809 and 5810 for those other approvals incorporated herein
by reference.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions .’,
You have 90 days from date of final approval to protest imposition of these 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.
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PC RES0 NO. 5808 -3 - 36
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of January 2005,. by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5808 -4- 37
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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
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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-
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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
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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
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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
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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
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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 .
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
-
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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:
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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
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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.
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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
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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.
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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.
AnalysisT-R/RH General Plan DesignationSP 210 allows mixed-use development Complies with C-T zone development standards
Analysis (cont.)Allowable Use80,000 sf commercial area61 dwelling unitsRequires daycareProposed Use18,337 sf commercial area3,296sfdaycare78 dwelling units (incl. 45,820 sf work space)
Analysis (cont.)Requires allocation of 17 “excess” unitsAllowed for transit-oriented projectsAllowed for affordable housingSpecific Plan residential build-out823 units allowed540 units constructed/approved78 units proposed (incl. 17 “excess” units)
Common Parking Facilities15% Parking ReductionReduction in commercial & guest parking19 space reduction on Embarcadero LaneNo reduction of residential parkingParking Management PlanEstablishes time limits for on-street parkingDesignates spaces for daycareEnforced by management companyReduces potential impact from Coaster Station overflow parking
Site Development Plan12 affordable apartmentsOne-bedroom units (825 sf)Affordable at 70% AMIDelayed construction schedule due to logistics and safety concerns
Analysis (cont.)Subdivision OrdinanceNon-Residential PUDLocal Coastal ProgramMello II SegmentGrowth Management –Zone 22CEQAConsistent with Program EIR for SP 210
RecommendationApprove: CT 04-11, PUD 04-10, SDP 04-09 & CDP 04-26