HomeMy WebLinkAbout2005-03-08; City Council; 18012; Poinsettia Village Credit UnionAB# 18,012 TITLE:
MTG. 3/8/05 CUP 04-14
DEPT. PLN
POINSETTIA VILLAGE CREDIT UNION
RECOMMENDED ACTION:
DEPT. HD.
CITY ATTY.
CITY MGR-
That the City Council ADOPT Resolution No. 2005-061 , APPROVING the Conditional Use
Permit for the Poinsettia Village Credit Union commercial development.
Project application(s) Administrative Reviewed by and
Approvals Final at Planning
Commission
Conditional Use Permit
Site Development Plan Amendment X
Coastal Development Permit X
To be Reviewed -
Final at Council
X
On February 2, 2005, the Planning Commission conducted a public hearing and voted (7-0) to
approve the Site Development Plan Amendment and Coastal Development Permit and recommend
approval of the Conditional Use Permit for the Poinsettia Village Credit Union commercial
development. The project site is located in the CommercialNisitor-Serving Overlay Zone,
necessitating review of the Conditional Use Permit by the City Council.
The proposed development involves construction of a 5,000 square foot credit union building with
drive-thru facilities within the Poinsettia Village shopping center. The building would be located in the
southern portion of the site, on the vacant pad adjacent to the existing gasoline station. Some minor
revisions to the nearby parking areas would also be needed to accommodate the drive-thru
circulation. The architecture and materials of the one-story building would match the existing center.
There was no public testimony regarding the proposed commercial development at the Planning
Commission hearing. The proposal is consistent with the City’s General Plan, Zoning Ordinance,
and Growth Management Program. Therefore, staff and the Planning Commission recommend
approval of the Poinsettia Village Credit Union commercial development.
ENVIRONMENTAL:
The proposed 5,000 square foot credit union building represents the new construction of a small
structure within an urbanized area zoned for commercial uses. Therefore, the project is exempt from
further environmental documentation pursuant to Section1 5303(c) - New Construction or Conversion
of Small Structures - of the State CEQA Guidelines. A Notice of Exemption will be filed upon final
project determination.
FISCAL IMPACT:
The fiscal impacts to the City are negligible since all development fees will be collected at time of
grading and building permit issuance. All public facilities necessary to serve the development will be
in place prior to, or concurrent with, development.
PAGE 2 OF AGENDA BILL NO. 18,012
Facilities Zone
Growth Control Point
Net Density
SDecial Facilitv Fee
Local Facilities Management Plan
GROWTH MANAGEMENT STATUS:
9
9
N/A
N/A
None
EXHIBITS:
1. City Council Resolution No. 2005-064
2. Location Map
3.
4.
5.
Planning Commission Resolutions No. 5833
Planning Commission Staff Report, dated February 2, 2005
Draft Excerpt of Planning Commission Minutes, dated February 2,2005.
DEPARTMENT CONTACT: Michael Grim, (760) 602-4623, mgrim@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT FOR THE POINSETTIA VILLAGE CREDIT UNION
COMMERCIAL DEVELOPMENT LOCATED ON THE EAST SIDE
OF AVENIDA ENCINAS, BETWEEN POINSETTIA LANE AND
LOGANBERRY DRIVE, IN THE SOUTHWEST QUADRANT.
CASE NAME: POINSETTIA VILLAGE CREDIT UNION
CASE NO.: CUP 04-14
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on February 2, 2005, hold a duly noticed public hearing as prescribed by law
to consider a Conditional Use Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the 8th day of
March , 2005, held a duly noticed public hearing to consider a Conditional Use
Permit, and at the time received recommendations, objections, protests, comments of all
persons interested in or opposed to CUP 04-14; and
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 City Council approves Conditional Use Permit, CUP 04-14 and
that the findings and conditions of the Planning Commission as set forth in Planning
Commission Resolution No. 5833, on file with the City Clerk and made a part hereof by
reference, are the findings and conditions of the City Council.
3. That the application for a Conditional Use Permit for a 5,000 square foot
credit union with drive-thru facilities on property generally located on the east side of Avenida
Encinas, between Poinsettia Lane and Loganberry Drive, is approved as shown in Planning
Commission Resolution No. 5833.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
March Carlsbad on the 8th dayof , 2005, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Packard, Sigafoose
NOES: None*
ABSENT: Kulchin
ATTEST:
(SEAL)
-2- 4
EXHIBIT 2
SITE
POINSETTIA VILLAGE CREDIT UNION
CUP 04-14
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5833
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
CREDIT UNION WITHIN THE POINSETTIA VILLAGE
SHOPPING CENTER ON PROPERTY GENERALLY LOCATED
EAST OF AVENIDA ENCINAS, BETWEEN POINSETTIA
LANE AND LOGANBERRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME:
THE CONSTRUCTION AND OPERATION OF A DRIVE-THRU
POINSETTIA VILLAGE CREDIT UNION
CASE NO.: CUP 04- 14
WHEREAS, Donahue Schriber Realty Group, L.P., “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Portion of Parcel 10 of Map No. 10829, Carlsbad Tract No. CT
81-6, filed in the Office of the County Recorder of San Diego
County on January 26, 1984, in the City of Carlsbad, County
of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “D” dated February 2, 2005, on file in the Planning
Department, POINSETTIA VILLAGE SHOPPING CENTER - CUP 04-14, as provided by
Chapter 2 1.42 and/or 2 1 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of February 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP
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.
c
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA VILLAGE CREDIT
UNION - CUP 04-14, based on the following findings and subject to the
following conditions:
Findings:
1.
2.
3.
4.
5.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed credit union use provides needed
financial services in a drive-thru format which provides added convenience for
customers; is consistent with the Local Shopping Center land use designation; the
drive-thru facility circulation is incorporated into the existing parking lot and site
circulation; and the proposed architecture matches the existing buildings within
Poinsettia Village shopping center.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed sfructure, drive-thru facility, and parking area fit within the
project site without need for variances to zoning or Engineering standards.
That all the 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 it meets all applicable setbacks; the perimeter
landscaping will be provided around the building; and the structure is adequately
setback from the public right-of-way to physically accommodate the proposed drive-
thru facility.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project would generate approximately 1,000
average daily trips which was anticipated with the original shopping center Site
Development Plan approval.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated February 2,2005 including, but not limited to the following:
The site is designated for Travemecreation Commercial and Local Shopping
Center and the proposed drive-thru credit union is consistent with the Local
Shopping Center designation.
The proposed parking and circulation areas meet all zoning requirements and City
standards and will include parking lot and perimeter landscaping.
The proposed structure must comply with all applicable building codes, including
the seismic standards of the UBC and State building requirements.
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6.
7.
8.
9.
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The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 9 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. 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.
That the proposed project is adequately designed to accommodate the high percentage of
visitor, tourist and shuttle budalternative transportation users anticipated given the
proposed use and site location within the overlay zone.
That the building forms, building colors and building materials combine to provide an
architectural style of development that will add to the objective of high quality
architecture and building design within the overlay zone; and
That the project complies with all development and design criteria of the overlay zone.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 - New Construction
of Small Structures of the state CEQA Guidelines. In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or building permit, whichever occurs first.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
1.
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2.
-? 3.
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implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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/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 Conditional Use Permit, (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
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 Planning Department a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the 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 9 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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9.
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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.
If, at any time, the City Council, Planning Commission or Planning Director determine
that there has been, or may be, a violation of the findings or conditions of this conditional
use permit, or of the Municipal Code regulations, a public hearing may be held before the
City Council to review this permit. At said hearing, the City Council may add additional
conditions, recommend additional enforcement actions, or revoke the permit entirely, as
necessary to ensure compliance with the Municipal Code and the intent and purposes of
the CommercialNisitor-Serving Overlay Zone, and to provide for the health, safety and
general welfare of the City.
This Conditional Use Permit is granted for a period of five (5) years from February 2,
2005 through February 1,2010. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
uses and the public’s health and welfare, or the conditions imposed herein have not been
met. This permit may be extended for a reasonable period of time not to exceed five (5)
years upon written application of the permittee made no less than 90 days prior to the
expiration date. The City Council may not grant such extension, unless it finds that there
are no substantial negative effects on surrounding land uses or the public’s health and
welfare. If a substantial negative effect on surrounding land uses or the public’s health
and welfare is found, the extension shall be denied or granted with conditions, which will
eliminate or substantially reduce such effects. There is no limit to the number of
extensions the City Council may grant.
This approval is granted subject to the approval of SDP 82-03(D) and CDP 04-22 and is
subject to all conditions contained in Planning Commission Resolutions No. 5834 and
5835 for those other approvals incorporated herein by reference.
All construction activities shall be planned so that grading will occur in units that can 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.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
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General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
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.
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 grading or building permit, whichever occurs first,
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
Conditional Use Permit, Site Development Plan Amendment, and .Coastal
Development Permit by Resolutions No. 5833, 5834, and 5835 on the property. Said
Notice of Restriction shall note the property description, location of the file containing
complete 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.
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.
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21. 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.
Engineering:
22.
23.
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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.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
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 project 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.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, 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.
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 comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Such
improvements shall be designed for the entire Poinsettia Village site. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
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28.
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antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs fust,
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, as well as the entire existing Poinsettia Village site. 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 residents 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 velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
Prior to building permit, Developer shall install street lights along all public street
frontages abutting and/or within the project boundary in conformance with City of
Carlsbad Standards.
Prior to building permit, Developer shall install sidewalks along all public streets
abutting the project in conformance with City of Carlsbad Standards.
Prior to building permit, Developer shall install wheelchair ramps at the public street
comers abutting the project in conformance with City of Carlsbad Standards.
Prior to building permit or grading permit issuance, whichever occurs first,
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
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Fire
36.
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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.
The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the site plan 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.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieao County Water
Authority capacity charne(s) prior to issuance of Building Permits.
The Developer shall install sewer laterals and clean-outs at locations approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
An additional fire hydrant will be required.
Code Reminders:
37.
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Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
PC RES0 NO. 5833 -9-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of February 2005 by the
following vote, to wit:
AYES : Chairperson Segall, Commissioners Baker, Cardosa, Dominguez
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
f-y
JEFFRE N. SEGALL, Eairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5833 -10-
The City of Carlsbad Planning Department
P.C. AGENDA OF: February 2,2005
EXHIBIT 4
Application complete date: August 23,2004
Project Planner: Michael Grim
Project Engineer: Frank Jimeno
A REPORT TO THE PLANNING COMMISSION
ItemNo. @)
SUBJECT: CUP 04-14/SDP 82-03(D)/CDP 04-22 - POINSETTIA VILLAGE CREDIT
UNION - Request for a Conditional Use Permit, Site Development Plan
Amendment, and Coastal Development Permit to allow the construction and
operation of a 5,000 square foot credit union with a drive-thru facility, located
within the Poinsettia Village shopping center, on the east side of Avenida
Encinas, between Poinsettia Lane and Loganberry Drive, in Local Facilities
Management Zone 9.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5833
RECOMMENDING APPROVAL of Conditional Use Permit CUP 04-14, and ADOPT
Planning Commission Resolutions No. 5834, and 5835 APPROVING Site Development Plan
Amendment SDP 82-03(D), and Coastal Development Permit CDP 04-22, based upon the
findings and subject to the conditions contained therein.
11. INTRODUCTION
The proposal involves the construction and operation of a 5,000 square foot credit union building
with drive-thru facilities within the Poinsettia Village shopping center. The proposed building
would be located on a vacant, graded pad (Pad 6) in the southwestern portion of the shopping
center. The proposal would involve minor modifications to the existing parking and circulation
in the immediate area of the proposed credit union. The project also entails the restriping of
portions of the shopping center parking lot to improve compliance with handicapped parlung
requirements. A Site Development Plan Amendment is necessary for development in the
Qualified Development Overlay Zone and for the proposed modifications to the existing
shopping center parking lot. A Conditional Use Permit is needed for businesses with drive-thru
facilities as well as for development of commercial uses within the CommerciaWisitor-Serving
Overlay Zone. A Coastal Development Permit is required for development in the City’s Coastal
Zone. The project complies with all applicable regulations and staff has no issues with the
proposal.
111. PROJECT DESCRIPTION AND BACKGROUND
Architects Orange is requesting approval of a Conditional Use Permit, Site Development Plan
Amendment and Coastal Development Permit to allow the construction and operation of a credit
union with drive-thru facilities within the Poinsettia Village shopping center. The proposed
structure would be located on an existing, vacant pad (Pad 6) located at the intersection of
Avenida Encinas and Loganberry Drive, adjacent to the Chevron gasoline station. The project
I I
CUP 04-14/SDP 82-03(D)/CDP 04-22 - POINSETTIA VILLAGE CREDIT UNION
February 2,2005
Page 2
site is designated Travemecreation Commercial and Local Shopping Center (T-RPL) in the
City’s General Plan and is zoned General Commercial with a Qualified Development Overlay
(C-2-Q). The total shopping center site covers approximately 22 acres, while the area proposed
for the credit union development measures approximately 6 acres. The Poinsettia Village
shopping center is completely surrounded by roadways, namely Poinsettia Lane, Avenida
Encinas, and Interstate 5. To the west and south of the shopping center, across Avenida Encinas,
is the Lakeshore Gardens Mobilehome Park. North of the site, across Poinsettia Lane, is the Inns
of America hotel, and east of the site is the Interstate 5 freeway.
The project site is one of two remaining vacant pads (Pads #4 and 6) within the Poinsettia
Village shopping center. The shopping center was originally approved through Site
Development Plan SDP 82-03(A) in March of 1986. The project also included a subdivision
map and non-residential planned development (CT 8 1-6(B)/PUD 94), creating individual lots
within the shopping center. Development of the center proceeded with six individual pads being
reserved for later use. Pad #1 was developed with a drive-thru financial institution; Pads #2 and
3 were developed with drive-thru restaurant facilities. Pad #5 was developed with a gasoline
station in 2000 through SDP 82-03(B)/CUP 99-1YCDP 99-35 - Chevron Poinsettia Village.
SDP 82-03(C) represented a proposal for an 8,500 square foot childcare center that was
withdrawn.
The proposal includes the construction and operation of a one-story credit union with dnve-thru
facilities on Pad #6. The proposed improvements would also include the redesign and restriping
of the parking and circulation area adjacent to the credit union building to accommodate the
dnve-thru traffic and truck turning. Landscaping would be added to the perimeter of the building
and parking lot as well as to new planter islands within the parking lot. The proposed
architecture, materials and colors would match the existing shopping center buildings. The one-
story building would measure 30 feet to the peak of the roof, with a tower element that would
reach a maximum of 38 feet but contains no habitable floor area.
In addition to the credit union development, the project includes the adjustment of some of the
handicapped parking spaces and pedestrian crossing striping. The owner of the shopping center
is undertaking this effort to improve compliance with the standards for handicapped parking. As
shown on Exhibit “A,” dated February 2, 2005, these improvements are located throughout the
center and the total parking spaces provided still meets the minimum required by the Parking
Ordinance and the CommerciaWisitor-Serving Overlay Zone.
The Poinsettia Village Credit Union proposal is subject to the following regulations:
A. General Plan;
B. Local Coastal Program;
C.
D.
E.
F.
C-2-Q - General Commercial Zone with a Qualified Development Overlay (Chapters
2 1.06 and 21.28 of the Zoning Ordinance);
CommerciaVVisitor-Serving Overlay Zone (Chapter 2 1.208 of the Zoning Ordinance);
Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance); and
Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance).
CUP 04-14/SDP 82-03(D)/CL)P 04-22 - POINSETTIA VILLAGE CKEDIT UNION
February 2,2005
Element Use Classification, Goal,
Pape 3
Proposed Use and
IV. ANALYSIS
Objective, or Program
Site is designated for
The recommendation of approval of th~s project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
Improvements
Proposed credit union use is
A. General Plan
TraveVRecreation and Local
Shopping Center uses.
Provide safe, adequate, and
attractively landscaped parking
areas.
Design all structures in
accordance with the seismic
design standards of the UBC and
State building requirements.
The Poinsettia Village Credit Union project is consistent with the applicable policies and
programs of the General Plan. Particularly relevant to the drive-thru credit union proposal are
the Land Use, Circulation, and Public Safety Elements. Table 1 below indicates how the project
complies with these particular elements of the General Plan.
consistent with the Local
Shopping Center land use
designation.
The project includes the
necessary parking spaces and
parking lot circulation, along
with parking lot and perimeter
landscaping improvements.
Proposed structure must
comply with all applicable
building codes, including the
seismic standards of the UBC
and State building
reauirements.
Land Use
Circulation
Safety
1
Compliance
Yes
Yes
Yes
Given the above, the Poinsettia Village Credit Union proposal is consistent with the applicable
portions of the General Plan.
B. Local Coastal Program
The Poinsettia Village site lies within the Mello I1 segment of the City’s Coastal Zone and is
subject to the corresponding land use policies and implementing ordinances. This section
addresses only conformance with the Land Use Plan since implementing ordinance conformance
is addressed in Sections C - F below. The policies of the Mello I1 segment emphasize topics
such as preservation of agricultural and scenic resources, protection of environmentally sensitive
resources, provision of shoreline access, and prevention of geologic instability and erosion.
The land uses allowed through the Local Coastal Program (LCP) segments are the same as those
allowed through the General Plan, therefore the proposed commercial use is consistent with the
LCP. There are no steep slopes on the property. All grading will conform to the City of
Carlsbad Grading Ordinance and the City’s National Pollutant Discharge Elimination System
CUP 04-14/SDP 82-03@)/CL)P 04-22 - POINSETTIA VILLAGE CREDIT UNION
February 2,2005
("DES) Permit, therefore, no erosion issues exist. There are no agricultural lands or significant
scenic resources on or near the site. The property is located on a public dedicated street and is
not adjacent to any coastal resources, therefore no existing or future coastal access routes exist
on the site. Given the above, the proposed Poinsettia Village Credit Union project is consistent
with the Mello 11 land use policies.
C. General Commercial Zone with a Qualified Development Overlay
The Poinsettia Village site is zoned C-2-Q and is therefore subject to the provisions of Chapters
21.06 and 21.28 of the Zoning Ordinance. Chapter 21.06 contains the findings necessary to
approve a Site Development Plan, which are contained in Planning Commission Resolution No.
5834. These findings are very similar to the findings required for a Conditional Use Permit and
are discussed in more detail in Section E below.
The General Commercial (C-2) zone contains use allowances and development standards that
apply to the proposed drive-thru credit union. The zone allows any service business catering
directly to the consumer, such as a financial institution. With regard to development standards,
the C-2 zone controls only the building height and placement of buildings adjacent to residential
zones. The maximum building height in the C-2 zone is 35 feet to the peak of the roof. Allowed
height protrusions are listed in Section 21.46.020 of the Zoning Ordinance and include
architectural features or towers that do not provide for additional floor area. The proposed
building would measure 30 feet to the peak of the roof with a tower element that would reach 38
feet in height. Therefore, the Poinsettia Village Credit Union proposal is consistent with the
underlying zoning.
D. CommerciaWisitor-Serving Overlay Zone
The Poinsettia Village site is located within the CommerciaWisitor-Serving Overlay Zone and is
therefore subject to the provisions contained in Chapter 21.208 of the Zoning Ordinance. The
Overlay zone contains regulations regarding the allowed uses, development standards, and
architectural styles. With the exception of stand-alone liquor stores, outdoor storage, temporary
display and sales, and incidental outdoor dining areas, all uses allowed in the underlying zone are
allowed in the Overlay zone. Therefore, the proposed credit union is an allowed use in the
Overlay zone.
The development standards address building setbacks, signage, and parking. The Overlay zone
requires a minimum street setback of 30 feet, a minimum of 20 feet of which must be
landscaped. The proposed credit union structure is setback 45 feet fkom Avenida Encinas, with
the drive-thru circulation aisle being 30 feet from the street right-of-way. All signage for the
proposed project will be reviewed under a separate permit and, therefore, is not discussed in ths
report. The architectural styles allowed by the Overlay zone include Contemporary Southwest,
with SpanisWmission style clay roof tiles on rectangular buildings with stucco walls and arches.
This architectural theme is already the dominant theme at the Poinsettia Village shopping center
and the proposed credit union building fits within that theme.
With regard to parking the uses at Poinsettia Village, the CommerciaWisitor-Serving Overlay
Zone contains parking standards for shopping center retail, restaurant, and gas station uses. For
all other uses not listed in the ordinance, it refers to the Parking Ordinance. According to the Parking Ordinance, financial institutions require one space per 250 square feet of gross floor 19
CUP 04-14lSDP 82-03(D)/C;OP 04-22 - POINSETTIA VILLAGE CREDIT UNION
February 2,2005
Page 5
Standard
City Administration
Librarv
area. The parlung required for the existing center, office building, and the newly developed
gasoline station totals 866 spaces. The proposed 5,000 square foot credit union would require 20
spaces; bringing the total parking required up to 886 spaces. According to the site plan on
Exhibit “A,” dated February 2, 2005, and field verifications, the proposed parking lot layout
would provide 893 spaces. Therefore, gwen the above, the Poinsettia Village Credit Union
proposal meets the requirements of the CommerciaWisitor-Serving Zone and Parking
Ordinance.
Impacts/S tandard Compliance
NIA NIA
NIA NIA
E. Conditional Use Ordinance
Waste Water Treatment
Parks
According to Section 21.42.010(5)(N), drive-thru businesses that are not restaurants are
permitted in all zones except residential and Community Facilities Zones with the approval of a
CUP pursuant to the provisions contained in Chapters 21.42 and 2 1.50 of the Zoning Ordinance.
Four findings must be made in order to approve a CUP. These findings, elaborated in Planning
Commission Resolution No. 5833, deal mostly with the project’s consistency with the General
Plan, desirability for the community, and compatibility with its site and surroundings.
2.77EDU Yes
NIA NIA
The proposed credit union with drice-thru facilities is desirable for the community in that it
provides increased accessibility to the financial institution. The proposed structure and drive-
thru aisle would be set back from Avenida Encinas and be surrounded with landscaping. The
proposed financial institutional use is similar to other commercial and office uses in the shopping
center therefore there are no issues of compatibility of the uses with the surroundings. All
proposed improvements can fit on the site without the need for significant modifications to the
original site plan and the proposed structure would meet all applicable development standards.
The credit union would not generate any additional traffic not already envisioned with the
original shopping center Site Development Plan approval, therefore no increased traffic impacts
would result. Given the above, the Poinsettia Village Credit Union proposal is consistent with
the Conditional Use Ordinance.
Drainage
Circulation
F. Growth Management Ordinance
PLDA D Yes
1.000 ADT Yes
The Poinsettia Village Credit Union proposal is a non-residential project, therefore many of the
Growth Management performance standards do not apply. Table 2 below details the project’s
compliance with those applicable standards.
Fire
Open Space
TABLE 2 - GROWTH MANAGEMENT COMPLIANCE
Station #4 Yes
NIA NIA
i
Standard
Schools
Water
CUP 04-14/SDP 82-03(D)/CDP 04-22 - POINSETTIA VILLAGE CREDIT UNION
February 2,2005
ImpactdS tandard Compliance
NIA NIA
609 GPD Yes
TABLE 2 - GROWTH MANAGEMENT COMPLIANCE CONTINUED
The Poinsettia Village site is located within Local Facilities Management Zone 9. No special
development requirements, such as roadway construction or other infrastructure requirements,
apply to this project. The Local Facilities Management Plan (LFMP) does require that all
facilities and services necessary to serve the project be in place concurrent with, or prior to, need.
The proposed credit union with drive-thm facilities will be served by the existing facilities within
the shopping center site and the adjacent public rights-of-way.
Given the above, the Poinsettia Village Credit Union project is consistent with the Growth
Management Ordinance.
V. ENVIRONMENTAL REVIEW
The proposed 5,000 square foot credit union building with drive-thru facilities represents the new
construction of a small structure. The building is within an urbanized area and is less than
10,000 square feet in area. The site is zoned for the proposed commercial use and the project
does not include significant amounts of hazardous materials. All public services and facilities
needed to serve the use are in place and the surrounding areas are developed and are not
environmentally sensitive. Therefore, the project is exempt from fbrther environmental
documentation pursuant to Section 15303(c) - New Construction or Conversion of Small
Structures- of the State CEQA Guidelines. A Notice of Exemption will be filed upon final
proj ect determination.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Planning Commission Resolution No. 5833 (CUP)
Planning Commission Resolution No. 5834 (SDP Amendment)
Planning Commission Resolution No. 5835 (CDP)
Location Map
Disclosure Statement
Local Facilities Impact Assessment
Background Data Sheet
Planning Commission Resolution No. 2541 - CT 81-06(B)/PUD 94
Planning Commission Resolution No. 4738 - SDP 82-03(B)
Exhibits “A” - “D” dated February 2,2005
- City of Carlsbad
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all applications which will require 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, firm, co-partnership, joint venture, association, social club, tiaternal
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 uartnershb, 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 publiclv-owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.) ow&& 62‘.
Person Corppart DSQ~: ~-4-
Title T* VSSOC \de s -_ C! - %ma 5
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Address
OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names
interest in the property involved. Also, provide the nature of the legal ownership (i.e, eTly partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
cornoration or DartnershiD, include the names, title, addresses of all individuals owning more
than 10% of the shares. LF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned comoration, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person CorpPart -
Title Title
2.
<\n\cs\% \‘
Address Address W r? IJ 9,
1635 Faraday Avenue .I Carlsbad, CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559
1 3. NON-PROFIT C .UYIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonmofit or
names and addresses of ANY pe
organization or as trustee or ben
Non ProfiVTrust
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 (12) months? 0 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.
Signature of owner/date Signature of applicanvdate
S&&b
Print or type name of owner Print or type name of applicant
Signature of ownedapplicant’s agent if applicable/date
Print or type name of owner/applicant’s agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 2 3
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Poinsettia Village Credit Union - CUP 04-l4lSDP 82-03(D)/CDP 04-22
LOCAL FACILITY MANAGEMENT ZONE: 9 GENERAL PLAN: T-R/L
ZONING: C-2-0 - General Commercial with a Qualified Development Overlay
DEVELOPER’S NAME: Architects Orange
ADDRESS: 144 N. Orange St.. Orange, CA 92866
QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU):
ESTIMATED COMPLETION DATE:
PHONE NO.: 714-639-9860 ASSESSOR’S PARCEL NO.: 214-430-22, -24
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities:
Library:
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Identify Drainage Basin =
Circulation: Demand in ADT =
Fire:
Open Space: Acreage Provided =
Schools:
Sewer: Demands in EDU
Water: Demand in GPD =
Demand in Square Footage =
Demand in Square Footage =
Served by Fire Station No. =
NIA
NIA
2.77
NIA
PLDA D
1 .ooo
Station #4
NIA
N/A
2.77
609
BACKGROUND DATA SHEET
CASE NO: CUP 04-14/SDP 82-03(D)/CDP 04-22
CASE NAME: Poinsettia Village Credit Union
APPLICANT: Architects Orange
REQUEST AND LOCATION: Request for a Conditional Use Permit, Site Develoument Plan
Amendment, and Coastal Development Permit to allow the construction and operation of a 5,000
square foot credit union with a dnve-thru facility, located within the Poinsettia Village shopping
center, on the east side of Avenida Encinas. between Poinsettia Lane and Loganberry Drive.
LEGAL DESCRIPTION: Parcels 1 - 14 of Map No. 10829, Carlsbad Tract No. CT 81-6, filed
in the Office of the County Recorder of San Dieao County on January 26. 1984. in the City of
Carlsbad, County of San Diego, State of California.
A€": 214-430-22, -24 Acres: 22.88 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: Travemecreation CommerciaVLocal Shouping Center
Density Allowed: N/A
Existing Zone: C-2-0
Surrounding Zoning, General Plan and Land Use:
Density Proposed: N/A
Proposed Zone: N/A
Zoning General Plan
Site c-2-0 T-WL
North C-2 T-R
south RMHP
East T-C TC
Current Land Use
Shopping center
Hotels
Mobile home park
Interstate 5
West RMHP RM Mobile home park
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 2.77
ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued
0 Certified Environmental Impact Report, dated
Other, Exempt uursuant to Section 15303(c) of the State CEOA Guidelines
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PLANNING COMMISSION RESOLUTION NO. 2541
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDED TENTATIVE TRACT MAP AND A NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF POINSETTIA LANE AND AVENIDA ENCINAS.
APPLICANT: POINSETTIA VILLAGE CASE NO: CT 81-6(B)/PUD-94
WHEREAS, a verified application for certain property to
wit: Portions of Sections 28 and 29, Township 12 South, Range 4 West, San Bernardino Meridian,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 26th day of
March, 1986, 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 Tentative Tract Map and Planned Unit Development.
NOW, TEEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission hereby APPROVES CT 81-6(B)/PUD-94, based on
the following findings and subject to the following conditions:
Findings:
1) The project is consistent with the City's General Plan since the proposed commercial development is consistent with the Community Commercial designation as indicated on the Land Use Element of the General Plan.
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The applicant is by condition, required to pay any increase iI
public facility fee, or new construction tax or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
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The site is physically suitable for the type and intensity of
the development since the site is adequate in size and shape t
accommodate commercial development. as conditioned at the intensity proposed.
The Planning Commission has, by inclusion of an appropriat condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits ma not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfi that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project.
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The project is consistent with all City public facility pol- icies and ordinances since:
a)
b)
C)
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All necessary public improvements have been provided or will be required as conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fe Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
This project will not cause any significant environmental impacts and has undergone previous environmental review, therefore the the Planning Director has issued a Notice of Prior Compliance on February 1, 1986 and approved by the
Planning Commission on February 26, 1986.
The additional mitigating measures added to the circulation system as discussed in the staff report will ensure safe access to and from the project.
Conditions :
1) The approval shall supercede and replace all approvals and conditions in Resolution No. 2180 (CT 81-6(A)).
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Approval is granted for CT 81-6(B)/PUD-94, as shown on Exhibits 'IA" - "C" dated March 18, 1986 and "D" - "R" dated February 6, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision.
This project is approved upon the express condition that
building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map.
This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference,
and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated October 7, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
The applicant shall establish an owners association and corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Planning Director prior to final map approval.
A 500' scale map of the subdivision shall be submitted to
the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
All landscaped areas shall be maintained by the owner/developer in a healthy and thriving condition, free from weeds, trash, and debris.
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All parking lot trees shall be a minimum of 15 gallons in size.
Areas adjacent to Avenida Encinas shall be have undulated
berms and heavy landscaping to provide a screen for automobiles parked at the shopping center.
A specific sign program for this development shall be designed in conformance with the sign program originally approved for this site (SDP 82-3) and shall require approval of the Planning Director prior to approval of the final map. All signs proposed for this project shall comply with the approved sign program and shall require review and approval of the Planning Director prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said. receptacles shall be approved by the Planning Director.
All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
Buildings shall be constructed in such a manner to support any roof loads necessary to provide adequate screening and shielding of roof appurtenances.
Exterior lighting shall be a type so as not to make visible a direct light source or cause glare outside the project area. Proposed light fixtures shall be subject to review to assure compatibility with the architectural scheme of the total development.
The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to
not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District.
Approval of Tentative Tract No. CT 81-6(B) is granted subject to approval of Non-residential Planned Unit Development No. 94 and Site Development Plan No. 82-3(A).
Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color.
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Pad #1, as shown on Exhibit "B", dated March 18, 1986, shall
be utilized for office, banks, and savings and loan institute uses only. This pad may be utilized for retail uses if the drive-thru is eliminated and approval is granted by the Planning Director. Pads #2 and #3 may be utilized
for drive-thru restaurants. Pads #4 and #6 may be utilized for a restaurant use without a drive-thru facility, or office, or retail commercial use subject to approval of the Planning Director. Pad #5 may be utilized for six gasoline pumps, a cashier's booth, and a small office/supply area. Service bays, car wash facilities and mini-marts are specifically prohibited as a part of this approval.
Buildings 1-6 shall be designed to be architecturally compatible and intregrated with SDP 82-3(A). Building design and landscaping for these structures shall be approved by the Planning Director and presented to the Planning Commission as an information item.
All compact stalls shall have a mininimum dimension of 8' x 15'.
Before obtaining a final map or building permits, whichever occurs first, the applicant shall: (a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established by
the City Council prior to July 20, 1986; (b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition complies with City Council Ordinance No. 9791.
The applicant shall provide four additional parking spaces or reduce the gross building square footage by 800 square feet .
Approval of SDP 82-3(A) shall run concurrently with the approval of CT 81-6(B)/PUD-94.
Engineering Conditions:
27) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
28) The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
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Upon completion of grading, the developer shall ensure that
an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grad- ing. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a per- manent record.
No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling-dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply
with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
The applicant shall hydroseed all vacant lots and slopes
with an approved seed mix, as approved by the Planning Director. This seed mix, and application note shall be
placed on the approved grading plan.
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Additional drainage easements and drainage structures shall
be provided or installed as may be required by the the City Engineer. Prior to approval of final map, the applicant
shall receive approval to the satisfaction of the City Engineer of relocation of storm drain and abandonment of easements across Lot 1 and Lot 2 of this project.
The developer shall pay the current local drainage area fee prior to issuance of any grading or building permit for this project or shall construct drainage systems in conformance
with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit for this project.
Prior to final map approval, the applicant shall apply for and receive approval of a street vacation of Loganberry Drive. This access shall be realigned, including sewer, water, drainage,-etc. to a private access to be maintained by the property owners in perpetuity. A note delineating
this responsibility (maintenance) shall be placed on the final map.
Prior to final map approval a reciprocal access, parking and drainage easement shall be established across all lots in the subdivision.
Should the applicant - not receive approval of a street vacation of Loganberry Drive, or the storm drain relocation,
this plan shall be revised to incorporate the public street into this design and shall return to the governing body for approval of an amendment to this plan,
The developer shall make an offer of dedication to the City
for all public streets and easements required by these conditions or shown on the Site Development Plan, All land
so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
Prior to final map approval, the applicant shall establish a view corridor easement to restrict any use which would obstruct visibility from the main entrance to this project (across from the Lake Shore Gardens Mobile Home Park) to
the most southerly access of this project, as shown on Exhibit "A" and approved by the City Engineer.
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Direct access rights for all lots abutting Avenida Encinas, except the existing points of access as shown on Exhibit "A"
shall be waived on the final map.
Lots 8, 9 and 11 shall take access from the specific openings shown on the tentative map for this project. (250' northerly from centerline of Avenida Encinas . )
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the
Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to
City Standards to the satisfaction of the City Engineer:
Private access roadway, parking lot, and drive.
Sewer, water, storm drainage system (including relocation) to serve this project.
Public improvements along the project frontage of
Avenida Encinas (secondary arterial standards) including widening, relocation of curb, gutter and sidewalk, drainage inlets and utilities and replacement of damaged improvements as required by the City Engineer.
Traffic signals including but not limited to Poinsettia Lane and Avenida Encinas and the entrances to this development as required by the City Engineer.
Adequate warning signs and lights, a dedicated view corridor, and acceleration/deceleration lanes and restricted median design. All to provide maximum safe entrance to and exit from this site, and the Poinsettia Village Mobile Home Park.
The main entrance to this project (across from the main entrance to Lakeshore Gardens) shall be 48 feet wide, curb to curb. Design of this entrance shall be approved by the City Engineer.
The left turn pocket into the main entrance shall be reconstructed to increase capacity, as required by the City
Engineer.
The northerly entrance to this project shall be right turn in/right turn out when the City Engineer determines that a hazard to vehicles on Avenida Encina exists. (A note to this effect shall be placed on the final map.) The applicant shall design and post necessary security to guarantee reconstruction of the median to prohibit left turns into this site. When the City Engineer determines
the median shall be closed, a full median shall be constructed.
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The interim left turn entrance (northerly entrance) shall
be designed to allow only left turns into this site, as
shown on exhibit B dated March 21 1986, as approved by the City Engineer.
Reimbursement agreements shall be available for the traffic signal at Poinsettia Lane and Avenida Encinas. The developer's portion of this signal shall not exceed 25%.
Improvements listed above shall be constructed within 12 approval, whichever occurs first.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan.
The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT, at the access point to private-streets from public streets. The script on
the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this
condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
The developer shall install street lights along all public and private street frontages in conformance with City of
Carlsbad Standards.
The developer shall install street trees at the equivalent
of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List,
The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Stan- dards prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
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The design of all private streets and drainage systems shall be approved by the City Engineer prior to issuance of any
grading or building permit for this project. The design of all private streets shall conform to City of Carlsbad standards of public streets. 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, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project.
The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the
streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision.
All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Lane
Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Engineer.
All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by
the Engineer in responsible charge of the work. Each sheet
shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Add re s s :
City, St.:
Telephone:
BY (Name of Engineer) Date :
R.C.E. NO. #
The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal.
Approval of this tentative tract map shall expire twenty- four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions.
Pursuant to the provisions of Section 20.20.050( 1) of the
Carlsbad Municipal Code, a parcel map may be filed in lieu of a final map. Whenever reference is made in these
conditions to a final map, the reference shall apply also to
a parcel map filed in lieu thereof.
Prior to approval of improvement or grading plans for this
development, the developer shall obtain specific inspection of existing sewer, water, and storm drain facilities. Repair and or replacement shall be provided as required by the Public Works Inspector, or agency of service.
Fire Department
70) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
71) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
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The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
An all-weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials
being located on the project site.
Fire retardant roofs shall be required on all structures.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas.
Prior to issuance of building permits, the developer shall provide the Fire Department with a 500' scale map showing streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block.
Parks and Recreation
79) The following sizes of trees shall be planted along the Interstate 5 frontage:
30% 15 gallon Eucalyptus (species)
70% 5 gallon Eucalyptus (species)
80) The following sizes of trees shall be planted along the Avenida Encinas frontage:
50% 24" box Melaleuca Leucadendra
50% 36" box Melaleuca Leucadendra
15' high Arecastrum Romanzoffianum
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
lanning Commission of the City of Carlsbad, California, held on
he 26th day of March, 1986, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Smith and Holmes .
NOES: Commissioner Hall.
ABSENT : None .
ABSTAIN: None. LA CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
,TTEST:
LANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 4738
A RESOLUTION OF THE PLANNTNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT TO ALLOW A
SERVICE STATION, CAR WASH AND FOOD MART ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
SIDE OF AVENIDA ENCINAS, SOUTH OF POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: SDP 82-03B)
WHEREAS, K. B. Narain, “Developer”, has filed a verified application with the
City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. and
Poinsettia Associates, “Owners”, described as
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “L” dated March 15, 2000, on file in the
Planning Department, CHEVRON POINSETTIA VILLAGE - SDP 82-03(B) as provided by
Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
3P
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CHEVRON POINSETTIA VILLAGE - SDP 82-
03@) based on the following findings and subject to the following conditions:
FindinPs:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that:
A.
B.
C.
D.
The requested use is necessary and desirable for the development of the
community in that the automobile-related services are proposed as part of a
community shopping center which provides necessary services to the
surrounding community.
The project is in harmony with various elements of the General Plan in that
the underlying Travel-Recreation /Commercial (T-WC) land use designation
ensures that commercial service uses will be accessible to both the
surrounding community and the traveling public.
The project is not detrimental to existing uses or to uses specifically
permitted in the area in that the architectural style is compatible with the
existing shopping center; noise impacts have been mitigated through the use
of a sound wall; visual impacts have been reduced through landscaping and
screen walls; and the hours of operation for the car wash and fuel delivery
have been restricted through the conditional use permit to minimize the
impact of the project on both the existing surrounding uses and the
anticipated uses on the adjacent vacant pads.
The project will not adversely impact the traMic circulation in that the gas
station was previously evaluated in a traffic study for the Poinsettia Village
Shopping Center - SDP 82-03(A) and the addition of the car wash and food
mart will generate an additional 300 ADT which will not impact the levels of
service of the surrounding roadways and key intersections to an
unacceptable level. No additional roadway improvements are necessary.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed structures have been located outside of the sight distance
easement; the internal circulation has been designed to adequately accommodate the
turning movement of fueling trucks and vehicles; an adequate stacking lane has
been provided for the car wash; parking spaces have been provided in close
proximity to the retail area; and all necessary landscaped setbacks, circulation
aisles, and parking areas have been provided.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
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provided and maintained, in that all setbacks required by the C-2 zone and
CommerciaWisitor Serving Overlay Zone have been provided; screen walls have
been provided along Avenida Encinas to partially obscure vehicles; a noise wall has
been integrated into the design of the car wash to mitigate any potential noise
impacts; and the architectural design has been designed to complement the existing
shopping center.
4. That the street systems serving the proposed use are adequate to properly handle all
traffic generated by the proposed use, in that the traffic impacts of the proposed gas
station have been previously evaluated in a traffic study for the Poinsettia Village
Shopping Center and the addition of the car wash and food mart will generate an
additional 300 ADT, for a project total of 1,860 ADT, which will not impact the
levels ‘of service of the surrounding roadways and key intersections to an
unacceptable level.
5. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated March 15,2000 including, but not limited to the following:
A. Land Use the project is consistent with the (T-WC) Travel-
Recreation/Commercial General Plan Designation in that the project is a
commercial service use, consisting of a gas station, car wash, and food mart,
which will provide a needed service for both the surrounding community and
the traveling public.
B. Circulation - the levels of service of adjacent roadways directly serving the
project will not be reduced to unacceptable levels by the traffic generated by
the proposed gas station, car wash, and food mart. No roadway
improvements are necessary or required.
C. Noise - sound-attenuation measures will be incorporated into the project to
ensure that the residential interior noise levels in the adjacent mobile home
park do not exceed the City’s 45 dBA CNEL noise standard and exterior
noise levels shall not exceed the City’s 55 dBA CNEL noise standard.
D. Public Safety - the project is conditioned to obtain all necessary permits from
the regulatory agencies, including the Air Pollution Control District (APCD)
and the County Health Department.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 9 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide fhding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
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B.
C.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
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.
7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
That this project could have a potentially significant negative cumulative traffic
impact on the Palomar Airport Roam1 Camino Real intersection. However, this
project has been conditioned to pay its fair share of the "short-term im~rovements",
thereby guaranteeing implementation of a mitigation measure that reduces the
potential impact to a level of insignificance.
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.
8.
9.
Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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 Mer condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Site Development Plan Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different fiom this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
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.
42 PC RES0 NO. 4738 -4-
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Developer shall implement, or cause the implementation of the Chevron Poinsettia
Village Project Mitigation Monitoring and Reporting Program.
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 Site Development Plan
Amendment, Conditional Use Permit and Coastal Development Permit; and, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy
of the Chevron Site Plan and the amended Poinsettia Village Shopping Center 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 resolutions in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Developer shall provide proof to the Director from the 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 9 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval shall supersede and replace all approvals and conditions in
Resolution No. 2542 (SDP 82-03(A)).
This Site Development Plan (SDP 82-03(B)) is subject to all of the conditions of
approval for CT 81-6@) contained in Resolution No. 2541 with the exception of
Condition #21 in regard to Pad #5. Pad #5 may be utilized for a 12-pump gasoline
station, food mart and car wash as shown on exhibits “A” - “L”. Service bays are
specifically prohibited as part of this approval.
This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, CUP 99-15, and CDP 99-35 and is
subject to all conditions contained in Planning Commission Resolutions 4737, 4739,
4740 for those other approvals.
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.
Developer shall obtain and maintain in good standing all licenses, permits, or
approvals required by state law to operate as a gas station, car wash, and food mart.
PC RES0 NO. 4738 -5- 43
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HousinP (Non-Residential)
16. Developer is aware that the City is preparing a n n-residential h using impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
LandscaDe
17. 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. The 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.
18.
Notice
19. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
20. 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 Site
Development Plan, Conditional Use Permit, and Coastal Development Permit by
Resolutions No. 4738, 4739, 4740 on the real property owned by the Developer. Said
Notice of Restriction shall note the property description, location of the file containing
complete 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.
PC RES0 NO. 4738 -6-
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Onsite Conditions - SDecific
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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 andor 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. The maximum height of the light poles
shall not exceed 20 feet. A lighting plan for the canopy shall also be submitted for
approval by the Planning Director.
Signs shall be permitted in accordance with the Poinsettia ViIlage Sign Program for
SDP 82-03(A), on file in the Planning Department.
A stop sign shall be installed at the drive entrance to the gas station to the
satisfaction of the City Engineer.
En pineering
General
26, Developer shall comply with the requirements of the City's anti-graffiti program for wall
treatments if and when such a program is formerly established by the City.
27. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
FeedAPreements
28. Developer shall pay all current fees and deposits required.
29. Owner shall give Written consent to the annexation of the area shown within the
boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1 on a form provided by the City.
Dedications/Imr,rovements
30. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. The developer shall provide best management
PC RES0 NO. 4738 -7- 45-
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practices as referenced in the "California Storm Water Best Management Practices
Handbook'' to reduce surface pollutants to an acceptable level prior to discharge to
sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce swrface pollutants
when planning any changes to the landscaping and surface improvements.
3 1. The structural section for the access aisles must be designed with a traffic index of 5 .O in
accordance with City Standards due to truck access through the parking area andor 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 site plan review.
Water
32. The Developer shall place potable water and recycled water services and meters at a
location approved by the Deputy City Engineer - Utilities and show said services on
public improvement plans.
33. The Developer shall place sewer laterals and cleanouts at a location approved by the
Deputy City Engineer - Utilities and show the sewer laterals on public improvement
plans.
34. The Developer shall design landscape and irrigation plans for use of recycled water and
submit said plans to the Deputy City Engineer - Utilities for review, comment and
approval.
Standard Code Reminders
Note: The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
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
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Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 9, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
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.
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.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
andor addresses shall contrast to their background color, as required by 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.
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 the Carlsbad Municipal Code and the City Engineer.
Developer shall pay its fair share for the “short-term improvements” to the El Camino
ReaWalomar Airport Road intersection prior to approval of the final map or the issuance
of a grading permit, whichever occurs first. The amount shall be determined by the
methodology ultimately selected by Council, including but not limited to, an increase in
the city-wide traffic impact fee; an increased or new Zone 9 LFMP fee; the creation of a
fee or assessment district; or incorporation into a Mello-Roos taxing district.
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.”
PC RES0 NO. 4738 -9- .1/7
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, Segall,
and Trigas
NOES: Commissioners L’Heureux and Welshons
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairpe&on
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOMMIUER
Planning Director
PC RES0 NO. 4738 -10-
Planning Commission Minutes February 2,2005 DRAFT
2. CUP 04-IUSDP 82-03(D)/CDP 04-22 - POINSETTIA VILLAGE CREDIT UNION -
Request for a Conditional Use Permit, Site Development Plan Amendment, and Coastal Development Permit to allow the construction and operation of a 5,000 square foot credit
union with a drive-thru facility, located within the Poinsettia Village shopping center, on
the east side of Avenida Encinas, between Poinsettia Lane and Loganberry Drive, in
Local Facilities Management Zone 9.
Mr. Neu introduced Item 1 and stated Senior Planner Mike Grim would make the staff presentation.
Chairperson Segall opened the Public Hearing on Item 1.
Mr. Grim stated the project was a request for a Coastal Development Permit, Site Development Plan
Amendment and Conditional Use Permit to allow the construction of a financial institution within the
Poinsettia Village Shopping Center. The site located south of Poinsettia Lane between Avenida Encinas
and 1-5. The General Plan designation of the site is Travel/Recreational-Commercial as well as Local Shopping Center. The zoning of the site is general commercial with a qualified development overlay
zone. It is also located within the Commercial Visitor Serving Overlay, the Mello II segment of the Coastal Zone as well as Local Facilities Management Zone 9. The actual site of the development is
approximately .63 acres and it is an existing vacant pad within the approximately 23-acre site. The
Poinsettia Village Shopping Center was originally approved in March 1986 and the original project included 3 large commercial buildings with multiple tenant spaces, an office building and 6 future
development pads along Avenida Encinas. All but two of those sites have been developed. The proposed project is a 5,000 square foot credit union with a drive-thru facility. It is a one-story structure
and the architecture and colors have been designed to match the existing buildings within the center.
Also proposed is a restriping of selected areas of the shopping center parking lot to improve its compliance with handicap parking standards.
Mr. Grim stated that in Planning Commission Resolution No. 5833, recitation B erroneously states that
the Planning Commission approves the CUP however in the title of the Resolution it states the Planning
Commission recommends approval of the CUP.
Mr. Grim concluded his presentation and stated he would be available to answer any questions.
Commissioner Heineman asked if staff received any objections to the project from the mobile home park
across the street from the shopping center. Mr. Grim stated that he had not received any letters
regarding the project.
Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the
applicant wished to make a presentation.
Tony Sanfilippo, 5900 Pasteur Court Suite 150, Carlsbad, stated he did not have anything to add to staff's
presentation, and further stated he would be available to answer any questions.
Chairperson Segall asked if there were any questions of the applicant.
Commissioner Dominguez asked what financial institution would be occupying the site. Mr. Sanfilippo
stated it is North Island Credit Union.
Chairperson Segall asked if any members of the audience wished to speak on the item. Seeing none, he opened and closed public testimony on the item.
MOTION
ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5833 recommending approval of Conditional Use Permit CUP 04-14, and adopt Planning Commission
Resolutions No. 5834 and 5835 approving Site Development Plan Amendment
SDP 82-03(D), and Coastal Development Permit CDP 04-22, based upon the
findings and subject to the conditions contained therein with changes to Resolution No. 5833 as stated by staff. 49
Planning Commission Minutes February 2,2005 Page 4
VOTE: 7-0
AYES:
NOES: None
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton
Chairperson Segall closed the public hearing on Item 2 and asked Mr. Neu to introduce the next item.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will
hold a public hearing on Tuesday, March 8, 2005, to consider a request for a
Conditional Use Permit to allow the construction and operation of a 5,000 square foot
credit union with a drive-thru facility within the CommercialNisitor-Serving Overlay Zone
on property generally located east of Avenida Encinas, between Poinsettia Lane and
Loganberry Drive in Local Facilities Management Zone 9 and more particularly
described as:
Portion of Parcel 10 of Map No. 10829, Carlsbad Tract No. CT 81-
6, filed in the Office of the County Recorder of San Diego County
on January 26, 1984, in the City of Carlsbad, County of San Diego,
State of California.
NOTE: BECAUSE OF CONSTRUCTION RENOVATION OF THE COUNCIL
CHAERS 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 BE AT
THE COUNCIL CHAMBERS AT 1200 CARLSBAD VlLLAGE 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.
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the agenda bill will be available on and after Friday, March 4,
2005. If you have any questions, please call Michael Grim in the Planning Department
at (760) 602-4623.
If you challenge the Conditional Use 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, at or prior to the public hearing.
CASE FILE: CUP 04-14
CASE NAME: POINSETTIA VILLAGE CREDIT UNION
PUBLISH: February 25,2005
CITY OF CARLSBAD
CITY COUNCIL
SITE
POINSETTIA VILLAGE
CREDIT UNION
CUP 04-I4/SDP 83-02(D)/CDP 04-22
Poinsettia Village Credit Poinsettia Village Credit UnionUnionCUP 04CUP 04--1414
Aerial ViewAerial View
Site DescriptionSite DescriptionGeneral Plan designation General Plan designation ––Travel Travel Recreation Commercial/Local Shopping Recreation Commercial/Local Shopping Center (TCenter (T--R/L)R/L)Zoning Zoning ––General Commercial, Qualified General Commercial, Qualified Development Overlay (CDevelopment Overlay (C--22--Q)Q)Commercial/Visitor Serving OverlayCommercial/Visitor Serving OverlayCoastal Zone Coastal Zone ––Mello II segmentMello II segmentLocal Facilities Management Zone 9Local Facilities Management Zone 9
Site and SurroundingsSite and Surroundings0.63 acre vacant pad within the 22.88 acre 0.63 acre vacant pad within the 22.88 acre Poinsettia Village shopping centerPoinsettia Village shopping centerProject site located in southern portion of Project site located in southern portion of shopping center, adjacent to existing shopping center, adjacent to existing gasoline stationgasoline stationCompletely surrounded by roadways Completely surrounded by roadways ––Interstate 5, Poinsettia Lane, Interstate 5, Poinsettia Lane, Avenida Avenida EncinasEncinas
Project HistoryProject HistoryPoinsettia Village shopping center Poinsettia Village shopping center originally approved in March 1986originally approved in March 1986Project included three large commercial Project included three large commercial buildings, office building, and six future buildings, office building, and six future development pads (along development pads (along Avenida Encinas Avenida Encinas frontage)frontage)Project site and one other pad remain for Project site and one other pad remain for developmentdevelopment
Project DescriptionProject Description5,000 square foot credit union building with 5,000 square foot credit union building with drive thru facilitydrive thru facilityOne story structure with architecture to One story structure with architecture to match existing buildings within centermatch existing buildings within centerReRe--striping of selected areas of shopping striping of selected areas of shopping center parking lot to improve compliance center parking lot to improve compliance with handicapped parking standardswith handicapped parking standards
Project ComplianceProject ComplianceGeneral PlanGeneral PlanLocal Coastal ProgramLocal Coastal ProgramZoning OrdinanceZoning Ordinance––General Commercial ZoneGeneral Commercial Zone––Commercial/Visitor Serving OverlayCommercial/Visitor Serving Overlay––Conditional Use OrdinanceConditional Use Ordinance––Growth Management OrdinanceGrowth Management OrdinanceCalifornia Environmental Quality ActCalifornia Environmental Quality Act
Previous ActionsPrevious ActionsOn February 2, 2005, the Planning On February 2, 2005, the Planning Commission:Commission:––Approved Site Development Plan Amendment Approved Site Development Plan Amendment SDP 82SDP 82--03(D) and Coastal Development 03(D) and Coastal Development Permit CDP 04Permit CDP 04--22, and22, and––Recommended approval of Conditional Use Recommended approval of Conditional Use Permit CUP 04Permit CUP 04--14 to City Council14 to City Council
RecommendationRecommendationThat the City Council adopt Resolution No. That the City Council adopt Resolution No. 20052005--061, approving the Conditional Use 061, approving the Conditional Use Permit within the Commercial/VisitorPermit within the Commercial/Visitor--Serving Overlay Zone for the Poinsettia Serving Overlay Zone for the Poinsettia Village Credit Union.Village Credit Union.
Poinsettia Village Credit Poinsettia Village Credit UnionUnionCUP 04CUP 04--1414