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HomeMy WebLinkAbout2005-07-12; City Council; 18202; Poinsettia Village Pad 4AB# 18,202 MTG. 7/12/05 DEPT. PLN TITLE: POINSETTIA VILLAGE PAD 4 CUP 04-28 DEPT. HD. CITY ATTY. CITY MGRa & RECOMMENDED ACTION: Project application (s) Conditional Use Permit Coastal DeveloDment Permit Site Development Plan Amendment That the City Council ADOPT Resolution No. 2005223 , APPROVING the Conditional Use Permit for the Poinsettia Village Pad 4 commercial development. Administrative Reviewed by and To be Reviewed - Approvals Final at Planning Final at Council Commission X X X On June 1, 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 Pad 4 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 3,000 square foot commercial building containing 1,000 square feet of retail space and 2,000 square feet of the food service space, located within the Poinsettia Village shopping center. The building would be located in the southwestern portion of the site, on the vacant pad situated between a project driveway and a drive-thru restaurant (El Pollo Loco). The project also involves 17 additional parking spaces in the immediate area of the proposed building. The architecture and materials of the one-story building would match the existing center. The Planning Commission conditioned the project to enhance the landscaping along the west side of the building to screen the rear doors. 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 Pad 4 commercial development. ENVIRONMENTAL: The proposed 3,000 square foot commercial building represents 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. I PAGE 2 OF AGENDA BILL NO. 18,202 Facilities Zone Growth Control Point Net Density Special Facility Fee Local Facilities Management Plan GROWTH MANAGEMENT STATUS: 9 9 NIA NIA None EXH I BITS : 1. City Council Resolution No. 2005-223 2. Location Map 3. 4. 5. Planning Commission Resolution No. 5905 Planning Commission Staff Report, dated June 1, 2005 Draft Excerpt of Planning Commission Minutes, dated June 1, 2005. DEPARTMENT CONTACT: Jessica Galloway, (760) 602-4631, jgall@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CON D IT10 NAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A 3,000 SQUARE FOOT COMMERCIAL BUILDING CONTAINING 1,000 SQUARE FEET OF RETAIL SPACE AND 2,000 SQUARE FEET OF FOOD SERVICE SPACE LOCATED WITHIN THE POINSETTIA VILLAGE SHOPPING CENTER, ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN POINSETTIA LANE AND LOGANBERRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA VILLAGE PAD 4 CASE NO.: CUP 04-28 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on June 1, 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 12th day of July , 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 04-28; 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 04-28 and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5905, 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 3,000 square foot commercial building containing 1,000 square feet of retail space and 2,000 square feet of food service space located on the east side of Avenida Encinas, between Poinsettia Lane and Loganberry Drive, is approved as shown in Planning Commission Resolution No. 5905. 4. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not latter than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 12th day of July , 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None CLAUDEYAY LEWIS: MaVr -” ATTEST: (SEAL) -2- 4 EXHIBIT 2 SITE @. POINSETTIA VILLAGE PAD 4 CUP 04-28 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2a 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5905 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A 3,000 SQUARE FOOT COMMERCIAL BUILDING CONTAINING 1,000 SQUARE FEET OF RETAIL SPACE AND 2,000 SQUARE FEET OF FOOD SERVICE SPACE LOCATED WITHIN THE POINSETTIA VILLAGE SHOPPING CENTER, ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN POINSETTIA LANE AND LOGANBERRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA VILLAGE PAD 4 CASE NO.: CUP 04-28 EXHIBIT 3 WHEREAS, Donahue Schriber Realty Group, L.P., “Developer/Owner,” has - .- filed a verified application with the City of Carlsbad regarding property described as Parcels 2,4,6 and 9 through 12, inclusive of Parcel Map No. 15187, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, March 28,1988 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “D” dated Juhe 1,2005, on file in the Planning Department, POINSETTIA VILLAGE PAD 4 - CUP 04-28, as provided by Chapter 2 1.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission,did, on the 1st day of June 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and b 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: I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2’4 25 26 27 28 A) B) . That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission 04-28, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of POINSETTIA VILLAGE PAD 4 - CUP Findinps: 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 use of retail and food service provides needed commercial services and convenience for customers; is consistent with the Local Shopping Center land use designation and the General Commercial, Qualified Development Overlay and CommerciaWisitor-Serving Overlay Zoning designations; and the proposed architecture is consistent with the existing buildings within the Poinsettia Village shopping center. e - -- That the site for the intended use is adequate in size and shape to accommodate the use, in that the site is adequate to accommodate the proposed 3,000 square foot building and additional parking. 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 the proposed project meets all applicable setbacks, height requirements, landscaping and parking requirement. That the street system serving the proposed use is adequate to properly handIe all traffk generated by the proposed use, in that the roject would generate approximately 1,856 average daily trips which was anticipated with the original shopping center Site Development Plan approval. P 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 June 1,2005, including, but not limited to the following: A.) Land Use - The site is designated for TraveVRecreation Commercial and Local Shopping Center (TRL) and the proposed 3,000 square foot commercral building of retail and food service is consistent with the Local Shopping Center designation. B) Circulation - The project includes the necessary parking spaces, parking lot circulation, and landscaping improvements. C) Public Safety - The proposed building complies with all applicable building codes, including the seismic standards of the UBC and State building requirements. 7 PC RES0 NO. 5905 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. 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 constnkt 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 &om 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 bus/alternative transportation users anticipated given the proposefise 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. 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 had 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 df 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 issuance of grading permit or building permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 8 PC RES0 NO. 5905 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 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 OCCUT 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 coaition for construction of any public improvements or facilities, or the payrfiit 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 penbit 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. I Developer shall submit to Planning Department a reproducible 24’’ x 36” mylar copy of the Site Plan refl&ting 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. 9 PC RES0 NO. 5905 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 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 CommerciaWisitor-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 ten (10) years from June 1,2005 through June 1,2015. This permit may be revoked at any time after a public hearing, if it is foundxat the use has a substantial detrimental effect on surrounding land uses andre 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 ten (10) 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(E) and CDP 04-39 and is subject to all conditions contained in Plahing Commission Resolutions No. 5906 and 5907 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 apd 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 implementatioh 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 /o PC RES0 NO. 5905 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. 18. 19. 20. 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 andor resolution, then the Developer, or hisherheir 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 Landscape Plan shall be revised to include planting to screen the pedestrian doors facing Avenida Encinas. - .- 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 fiom view and the sound buffered fiom 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 fiom 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. 5905, 5906 and 5907 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. I 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. /I PC RES0 NO. 5905 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Enpineerinq: 22. 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. 23. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-greiti program for wall treatments if and when such a program is formally established by the City. 24. . Developer shall install sight distance corridors at all street intersections in accordance . .- with Engineering Standards. -1 FeedAgreements 25. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 26. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineel(. Grading 27. 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 ipsuance of a building permit. Relocation of the existing fire hydrant can be designed, secured, and permitted with the projects grading plans and permits. . . DedicatiodImprovements 28. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. ... PC RES0 NO. 5905 -7- 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 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. 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 notifling 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 Faeral, State, County and City requirements as prescribed in their respecme containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 30. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 200 1-01 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 prahicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatmept 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 (RESIDENTEMPLOYEE) education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities fiom the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. d. e. f. PC RES0 NO. 5905 -8- 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2& 25 26 27 28 Code Reminders: 31. 32. 33. 34. 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 witfi 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 propcrsed 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. NOTICE .- Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annd their imposition. I 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. I ... ... ... ... ... PC RES0 NO. 5905 . -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2a 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of June 2005 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: 3 JEFFREN. EGALL, lrperson CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director I PC RES0 NO. 5905 -10- The CiQ of Carlsbad Planning Department P.C. AGENDA OF: June 1,2005 EXHIBIT 4 Application complete date: March 28, 2005 Project Planner: Jessica Galloway Project Engineer: John Maashoff A REPORT TO THE PLANNING COMMISSION SUBJECT: CUP 04-2WSDP 82-03(E)/CDP 04-39 - POINSETTIA VILLAGE PAD 4 Request for a Conditional Use Permit, Site Development Plan Amendment and Coastal Development Permit to allow the construction and operation of a 3,000 square foot commercial building containing 1,000 square feet of retail space and 2,000 square feet of food service space, located withm 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. RECOMMENUTION That the Planning Commission ADOPT Planning Commission Resolution No. 5905 RECOMMENDING APPROVAL of Conditional Use Permit CUP 04-28, and ADOPT Planning Commission Resolutions No. 5906 and 5907 APPROVING Site Development Plan Amendment SDP 82-03(E), and Coastal Development Permit CDP 04-39, based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project involves the construction and operation of a 3,000 square foot commercial building containing 1,000 square feet of retail space and 2,000 square feet of food service space, within the Poinsettia Village shopping center. The proposed building will be located on a vacant, graded pad (Pad 4) in the southwestern portion of the shopping center. The project also involves 17 additional parking spaces in the immediate area of the proposed building. A Conditional Use Permit (CUP) is needed for development of commercialhisitor serving uses within the CommerciaWisitor-Serving Overlay Zone. A Site Development Plan (SDP) Amendment is necessary for development in the Qualified Development Overlay Zone. A Coastal Development Permit (CDP) is required for development in the City’s Coastal Zone. The project site is not located within the appeal area of the Coasta1,Zone. The project complies with all applicable standards and there are no remaining unresolved issues. 111. PROJECT DESCRIPTmN AND BACKGROUND The applicant is requesting approval of a CUP, SDP Amendment and CDP to allow the construction and operation of a 3,000 square foot commercial building containing 1,000 square feet of retail space and 2,000 square feet of food service space, within the Poinsettia Village shopping center. The proposed building will be located on an existing vacant pad (Pad 4) located east of Avenida Encinas and north of Loganbeny Drive, adjacent to the project dnveway. The project site is designated Travemecreation Commercial and Local Shopping Center (T-WL) in the City’s General Plan, and is zoned General Commercial with a Qualified Development CUP 04-28ISDP 82-03(E)/CL)P 04-39- POINSETTIA VILLAGE PAD 4 June 1,2005 Overlay (C-2-Q), and is also within the CommerciaWisitor-Serving Overlay Zone (C/V 0 . Zone). The total shopping center site .covers approximately 22 acres, while the area for the proposed project is approximately 0.55 acres. The Poinsettia Village shopping center is completely surrounded by roadways, namely Poinsettia Lane, Avenida Encinas, and Interstate 5. Surrounding land uses include Lakeshore Gardens Mobilehome Park to the west and south of the shopping center, Poinsettia Lane and the Inns of America hotel to the north of the site, and the Interstate 5 freeway to the east of the site. The project site is the last remaining vacant pad (Pad 4) 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 permit (CT 8 1 -06(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 restaur- facilities; Pad 5 was developed with a gasoline station (Chevron) in 2000, and Pad 6 was approved on March 8,2005 for a 5,000 square foot credit union with drive- thru ATM. The proposed project is located on the last remaining pad in the shopping center, Pad 4. --- The proposed project includes the construction and operation of a one-story, 3,000 square foot building. The proposed improvements would also include an additional 17 parking spaces, located to the east of the proposed building. Landscaping will also be installed on the subject site. The proposed architecture, materials, and colors would match the existing shopping center buildings. The one-story building would measure 22'-6" to the peak of the roof, with a tower element that would reach a maximum of 32', but contain no habitable floor area. IV. ANALYSIS I The project is subject to the following plans, ordinances and standards: A. B. C. D. E. Travel-Recreation CommerciaVLocal Shopping Center (TU) General Plan Land Use Designation; Mello I Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone; I General Commercial - Qualified Development Overlay Zone (C-2-Q) (Carlsbad Municipal Code Chapters 21.06 and 21.28); CommerciaWisit\or-Serving Overlay Zone (Carlsbad Municipal Code Chapter 21.208); and ' Growth Management Regulations (Local Facilities Management Zone 9). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. I7 I CUP 04-28/SDP 82-03(E)/CDP 04-39- POINSETTIA VILLAGE PAD 4 June 1,2005 A. General Plan The General Plan designation for the project site is Travel-Recreation CommerciaVLocal Shopping Center (TWL). The proposed use of a retail commercial building is consistent with this designation. The proposed project is consistent with all the applicable policies and programs of the General Plan. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL Element Land Use Circulation Public Safety Open Space & Conservation Use Classification, Goal, Obiective. or Program Site is designated for TraveVRecreation and Local Shopping Center uses. Provide safe, adequate, and attractivsy landscaped parking areas. Design all structures in accordance with the seismic design standards of the UBC and State building requirements. Utilize Best Management Practices for control of storm water and to protect water aualitv. 'LAN COMPLIANCE I Proposed Use and ImDrovements Proposed retail commercial use is consistent with the Local Shopping Center land The project includes the necessary parking spaces, circulation, and landscaping imm-ovements . Proposed structure must comply with all applicable building codes, including the seismic standards of the UBC and State building reauirements. Yes Project will conform to all NPDES requirements. I I Yes B. Mello I Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone The project site is located within the Mello I Segment of the Local Coastal Program. Development of the project site is also subject to, and consistent with, the requirements of the Coastal Resource Protection Overlay Zone. Approval of a CDP is required for the project. The proposed commercial use is consistent with the LCP designation of the site (TR/L). All applicable coastal zone gradiqg restrictions have been designed into the project or are proposed as conditions of approval for the project, and include adherence to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance and restricting grading between October 1 and April 1 of each year. The project site does not have any sensitive coastal resources in the form of slopes over 25% or native vegetation. The development does not obstruct views of the coastline as seen from public lands or from the public right-of-way. No part of the project site is located within the 100-year floodplain. CUP 04-28/SDP 82-03(E)/CDP 04-39- POINSETTIA VILLAGE PAD 4 June 1,2005 C. General Commercial Zone - Qualified Developmeht Overlay Zone (C-2-Q) 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 an SDP, which are contained in Pl-anning Commission Resolution No. 5906. The proposed commercial building would be set back 30’ from Avenida Encinas and will be surrounded with landscaping. The proposed structure 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 site without the need for significant modifications to the original site plan and the proposed structure would meet all applicable development standards. The commercial building would not generate any additional traffic not already envisioned with the original shopping center SDP approval, therefore there will be no increased traffic impacts due to the project approval. The General Commercial (C-2) zone contains use allowances and development standards that apply to the proposed commercial building. The zone allows any service business catering directly to the consumeouch as a retail store and eating establishment. 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 2 1.46.020 of the‘zoning Ordinance and include architectural features or towers that do not provide additional floor area. The proposed building is consistent with this requirement. The one-story building would measure 22’-6” to the peak of the roof, with a tower element that would reach a maximum of 32’, but contain no habitable floor area. -- . 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 2 1.208 of the Carlsbad Municipal Code. The Overlay zone contains regulations regarding the allowed uses, development standards, and architectural styles. With the exception of stand-alone liguor 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. The proposed commercial building with retail and food service is an allowed use with a conditional use permit 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 building is setback 30 feet from) Avenida Encinas. The existing landscaping on-site, adjacent to Avenida Encinas will remain as is and additional planting will be provided with the project. All sipage for the proposed project will be reviewed under a separate permit and, therefore, is not discussed in this 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 building is consistent with this theme. The CommerciaWisitor-Serving Overlay Zone contains parlung standards for shopping center retail, restaurant, and gas station uses. Required parking for shopping center/ retail is one space per 200 square feet of gross floor area and for food service, parking should be provided at a ratio of one space per 100 square feet. The parking required for the existing center, office building, gasoline station and credit union totals 867 spaces. The proposed 3,000 square foot commercial 19 CUP 04-28lSDP 82-03(E)lCDP 04-39- POINSETTIA VILLAGE PAD 4 June 1,2005 Pave 5 Standard Citv Administration building with 1,000 square foot of retail (5 spaces) and 2,000 square foot of food service (20 . spaces) would bring the total required parking up to 892 spaces. According to the site plan (Exhibit “A” dated June 1, 2005), and field verification the proposed parking lot layout would provide 910 spaces. Therefore the proposed 3,000 square foot commercial building addition meets the requirements of the CommerciaWisitor-Serving Zone parking requirements. ImpactdStandard Compliance NIA NIA E. Growth Management Ordinance Library Waste Water Treatment -c- The proposed project is located within Local Facilities Management Zone 9 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 2 below. . .- NIA NIA 3.2EDU Yes TABLE 2 - GROWTH MANAGEMENT COMPLIANCE Parks Drainage Circulation Fire hen SDace NIA NIA PLDA D Yes 1,856 ADT Yes Station #4 Yes NIA NIA Schools Water NIA NIA 1334 GPD Yes V. ENVIRONMENTAL REVIEW The project is exempt fiom further environmental documentation pursuant to Section 15303(c) of the State CEQA Guidelines - New Construction or conversion of Small Structures. The proposed 3,000 square foot commercial building is 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. A Notice of Exemption will be filed upon final project determination. I ATTACHMENTS : 1 .’ 2. 3. 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment 7. Disclosure Statement 8. Reduced Exhibits 9. . Planning Commission ,Resolution No. 5905 (CUP) Planning Commission Resolution No. 5906 (SDP Amendment) Planning Commission Resolution No. 5907 (CDP) Full Size Exhibits “A” - ‘bD” dated June 1,2005 BACKGROUND DATA SHEET CASE NO: CUP 04-28/SDP 82-03(E)/CDP 04-39 CASE NAME: Poinsettia Village Pad 4 APPLICANT: Architects Orange REQUEST AND LOCATION: Request for a Conditional Use Pennit, Site Development Plan Amendment and Coastal Development Permit to allow the construction and operation of a 3.000 square foot commercial building containing 1,000 square feet of retail and 2,000 square feet of food service space, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas. between Poinsettia Lane and Loganberry Drive. LEGAL DESCRIPTION: Parcels 2,4,6 and 9 through 12, inclusive of Parcel Map No. 15187, in the Citv of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, March 28,1988. APN: 214-430-24 Acres: 0.55 Proposed No. of LotsKJnits: N/A -- GENERAL PLAN AND ZONING -1 Land Use Designation: TraveVRecreation CommerciaVLocal Shopping 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 Current Land Use Site C-2-Q T-R/L Shopping c,enter North C-2 T-R Hotels south RMHP RM Mobile home park East T-C TC Interstate 5 West RMHP RM Mobile home park I PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Se$ver District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): . ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, Exempt pursuant to Section 15303(c) of the State CEOA Guidelines 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 Pad 4 - CUP 04-28/SDP 82-03(E)/CDP 04-39 ZONING: C-2-0 - General Commercial with a Oualified DeveloDment 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: LOCAL FACILITY MANAGEMENT ZONE: 9 GENERAL PLAN: T-R/L PHONE NO.: 714-639-9860 ASSESSOR’S PARCEL NO.: 214-430-24 A. City Administram Facilities: Demand in Square Footage = B. Library: Demand in Square Footage = C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Identify Drainage Bkin = F. Circulation: Demand in ADT = G. Fire: Served by Fire Station No. = H. Openspace: Acreage Provided = I. Schools: I J. Sewer: Demands in EDU K. Water: Demand in GPD = N/A NIA 3.2 EDU N/A PLDA D 1,856 Station #4 N/A N/A 3.2 1334 . .- I . / City of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all app1ic.ation.s which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, hternal organization, COQO~~~~OII, 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 belqw. 1. APPLICANTmt the applicant’s agent) -- Provide the COMPLETE, LEGAL names and addresses of persons having financial interest in the application. If the applicant includes a cornoration or DartnershiD, 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.) owwed 63: Person Corp/PartD~Q%: LSC- O-rA Title T* nssoc \&e s -_ C! - %Ma s INDMDUAJS 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 (Le, tqkr?b partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a comoration or Dartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned cornoration, include the names, titles, and address& of the corporate officers. (A separate page may be attached if necessary.) Person CorpPart - 2. . Title Title <\nW- Address Address v fl L\ 9, 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 * FAX (760) 602-8559 4&) ~0~0~ ‘‘vY3ZKl30 N OR TRUST If any person identified pursuan names and addresses of ANY p orginizatiori or as trustee orb Non ProfiiYTrust Non Bofiflrust Title 4. Address -/ Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees andor 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 ownerlaate ’ Signature of appIicant/date . Signature.of owner/applicant’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 r I L /I/ 'T ii v 4 Planning Commission Minutes June 1,2005 Page 3 EXHIBIT 5 DRAFpF 3. CUP 04-28EDP 82-03lE)ICDP 04-39 - POINSETTIA VILLAGE PAD 4 - Request for a Conditional Use Permit, Site Development Plan Amendment and Coastal Development Permit to allow the construction and operation of a 3,000-square-foot commercial building containing 1,000 square feet of retail space and 2,000 square feet of food service space, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive in Local Facilities Management Zone 9. Mr. Neu introduced Item 3 and stated that Associate Planner Jessica Galloway would make the Staff presentation. Chairperson Segall opened the public hearing on Item 3. Ms. Galloway stated the project was located in the Poinsettia Village shopping center, and is the final lot to be developed in the complex. She stated the proposed project would add 17 additional parking spaces to the area. She stated that Staff is recommending approval, as the proposed project is in compliance with all policies and regulations. She concluded her presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of Staff. Commissioner Baker stated her concerns regarding the rear elevation of the two pedestrian doors facing Avenida Encinas and asked what landscaping is planned to make this area more attractive when the public is driving past the project on a major thoroughfare. Commissioner Baker suggested several types of hedges as well as trees that might be used to make the area more attractive. Ms. Galloway stated the doors will be painted to be consistent with the building color scheme, and that there is a landscaping plan for the area. Commissioner Baker stated that when looking at the site map, the rear doors are visible and it appears the landscaping is minimal. Ms. Galloway stated there are two groupings of landscaping on the plan, and asked which grouping Commissioner Baker was referencing. Commissioner Baker reiterated her concerns and suggested the landscaping plans be modified to cover more of the rear doors; however, she stated she is not asking for the doors to be completely covered. Chairperson Segall suggested asking the applicant to respond to Commissioner Baker’s concerns. Chairperson Segall stated the area appeared larger on the site map than what he encountered when visiting the proposed project site. He also stated that the site map shows the project to be square and is different from the lot size and shape he viewed. He asked the applicant to address both his and Commissioner Baker’s concerns. Tony Sanfilippo, Hofman Planning, 5900 Pasteur Court, Suite 150, Carlsbad, introduced the company’s staff present at the meeting. He thanked the Commission for considering the proposed project and stated that he would be available to answer any questions. Chairperson Segall asked Mr. Sanfilippo to address Commissioner.Baker’s concerns. Mr. Sanfilippo stated he understood Commissioner Baker’s concerns and would be happy to revise the landscaping plan to cover the rear doors and make the area more attractive to the public. Commissioner Baker stated that she was not asking for the doors to be completely covered, but only to add landscaping plants and trees that would enhance the area. She stated that when looking at the site map, it only shows two palm trees and the doors were visible to the public driving by on Avenida Encinas. Mr. Sanfillippo stated he would be happy to accommodate Commissioner Baker’s request and add more landscaping to the area so that it would be less visible to the public. Chairperson Segall asked Mr. Sanfillippo to address the concerns regarding the lot size and shape versus the site map. Mr. Sanfillippo stated Louie Aguilar would respond to Chairperson Segall’s concern. Mr. Aguilar stated the plot was large enough to accommodate the additional parking spaces and that some of the area shown on the site map is already developed in the existing shopping center. Mr. Aguilar explained this is the reason the proposed project area looks smaller than what is shown on the site map. Planning Commission Minutes June 1,2005 Page 4 Mr. Aguilar also stated that the project is large enough to add the additional parking spaces on the front and side of the building. Chairperson Segall asked what types of restaurants are being considered for the project. Mr. Aguilar stated that some restaurant types that would be considered are Baja Fresh, Pick Up Stix, as well as some others. Chairperson Segall asked what types of retail venues are being considered for the project. Mr. Aguilar stated that they are still working on the retail proposals. Chairperson Segall asked if there were any other questions of Staff or the applicant. He asked if any members of the public wished to speak on the item. Seeing none, he opened and closed public testimony. Ms. Mobaldi suggested revising the language regarding the landscaping for the project to reflect Commissioner Baker’s suggestions and that Mr. Neu would provide the language. Mr. Neu stated that page 6 of Planning Commission Resolution No. 5905 Condition No. 15 could be amended to add the following new sentence: “The landscape plan shall be revised to include planting to screen the rear pedestrian doors facing Avenida Encinas.” MOTION ACTION : Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5905 recommending approval of Conditional Use Permit CUP 04-28, and adopt Planning Commission Resolutions No. 5906 and 5907 approving Site Development Plan Amendment SDP 82-03(E), and Coastal Development Permit CDP 04-39, to include condition number 6 of Planning Commission Resolution No. 5905 to add additional landscaping plants to shield the rear pedestrian doors near Avenida Encinas, based on the findings and subject to the conditions contained therein. Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Montgomery, Heineman, and Whitton VOTE: 7-0 AYES: NOES: None NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, July 12, 2005, to consider a Conditional Use Permit to allow the construction and operation of a 3,000 square foot commercial building containing 1,000 square feet of retail space and 2,000 square feet of food service space, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive in Local Facilities Management Zone 9 and more particularly described as: Parcels 2, 4, 6 and 9 through 12, inclusive of Parcel Map No. 15187, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, March 28,1988. 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, July 8, 2005. If you have any questions, please call Jessica Galloway in the Planning Department at (760) 602-4631. 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’s Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 04-28 CASE NAME: POINSETTIA VILLAGE PAD 4 PUBLISH: June 30,2005 CITY OF CARLSBAD CITY COU NC I L SITE POINSETTIA VILLAGE PAD 4 CUP 04-28 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 30*, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 30* Day of June, 2005 This space is for the County Clerk’s Filing Stamp Proof of Publication of CASE FILE:CUP 04-28 Jane Olson NORTH COUNTY TIMES Legal Advertising Jam Free Printing ; Use Averye TEMPLATE 5160@ CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SANDIEGO CA 92123 LAFCO 1600 PACIFIC HWY . SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD RECREATION 06/09/2005 -na1c mA513AU Ea - www.avery.com 1 -800-GO-AVERY - CITY OF ENCINITAS 505 S VULCAN AVE CITY OF SAN MARCOS 1 CIVIC CENTER DR ENCINITAS CA 92024 SAN MARCOS CA 92069-2949 CITY OF VISTA PO BOX 1988 VISTA CA 92085 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SANDIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I. P. U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-45- ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD PU BLlC W ORKS/ENG I N €E RI NG DEPT- PROJECT ENGINEER JESSICA GALLOWAY JOHN MAASHOFF CITY OF CARLSBAD PROJECT PLANNER Jam Free Printing Use Avetya TEMPLATE 5160@' www.avery.com 1-800-GO-AVERY LAKESHORE GARDENS PROPERTY CALVARY CHAPEL NORTH COAST ROBERT E BRUCE 1891 5 NORDHOFF ST 5 NORTHRIDGE CA 91324 CARLSBAD CA 92009 HUNTINGTON BEACH CA 92647 7188 AVENIDA ENCINAS 6272 SILVERWOOD DR PAY LESS DRUG STORES NORTHWEST I PO BOX 3165 HARRISBURG PA 17105 COMPTON CA 90220 RALPHS GROCERY CO 11 00 W ARTESIA BLVD DONAHUE SCHRIBER REALTY GROUP E 100 200 BAKER ST COSTAMESA CA 92626 KAY MOORSTEEN PO BOX 4900 SCOTTSDALE AZ 85261 DONAHUE SCHRIBER REALTY GROUP L STE 0 2235 FARADAY AVE CARLSBAD CA 92008 MITCHELL LAND & IMPROVEMENT CO 2919 GARDENA AVE SIGNALHILL CA 90755 ARCHITECTS ORANGE 144 N ORANGE ST ORANGE CA 92866 . -- Poinsettia Village Pad 4Poinsettia Village Pad 4CUP 04CUP 04--2828Resolution No. 2005Resolution No. 2005--223223 Location MapLocation MapS D N R CA R L S B A D B L V DINTERSTATE 5 SITEA V E N ID A ENCINASPOINSETTIA LNL E E W A R D S T Approvals Approvals „„June 1, 2005 June 1, 2005 ––Planning Commission Planning Commission approved SDP 82approved SDP 82--03 (E) and CDP 0403 (E) and CDP 04--39 39 and recommended approval of CUP 04and recommended approval of CUP 04--28.28.„„Subject to City Council Approval Subject to City Council Approval --••Commercial/VisitorCommercial/Visitor--Serving Overlay ZoneServing Overlay Zone Project DescriptionProject Description„„.55 acre site .55 acre site --Pad 4 of Poinsettia Village Pad 4 of Poinsettia Village Shopping CenterShopping Center„„3,000 s/f3,000 s/f••2,000 food service space2,000 food service space••1,000 retail space1,000 retail space„„17 additional parking spaces added to the 17 additional parking spaces added to the center center AnalysisAnalysis„„TravelTravel--Recreation Commercial/Local Recreation Commercial/Local Shopping Center (TR/L)Shopping Center (TR/L)„„Mello I Segment of the LCPMello I Segment of the LCP„„General Commercial General Commercial ––Qualified Qualified Development Overlay Zone (CDevelopment Overlay Zone (C--22--Q)Q)„„Commercial/VisitorCommercial/Visitor--Serving Overlay ZoneServing Overlay Zone„„Growth Management RegulationsGrowth Management Regulations„„CEQA CEQA ––Section 15303 Section 15303 ––Small StructuresSmall Structures RecommendationRecommendation„„That the City Council adopt Resolution No. That the City Council adopt Resolution No. 20052005--223 approving of CUP 04223 approving of CUP 04--28.28.