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HomeMy WebLinkAbout2013-04-30; City Council; 21207; Poinsettia Village Pad 4 CUP 04-28ACITY OF CARLSBAD - AGENDA BILL 18 AB# 21.2C7 POINSETTIA VILLAGE PAD 4 CUP 04-28(A) DEPT. DIRECTOR <S\C MTG. 4/30/13 POINSETTIA VILLAGE PAD 4 CUP 04-28(A) CITY ATTORNEY ff^ DEPT. CED POINSETTIA VILLAGE PAD 4 CUP 04-28(A) CITY MANAGER fdt^ RECOMMENDED ACTION: 2013-091 That the City Council hold a public hearing and ADOPT Resolution No. APPROVING Conditional Use Permit Amendment No. CUP 04-28(A) as recommended for approval by the Planning Commission. ITEM EXPLANATION: Project Application(s) Administrative Approvals Planning Commission City Council CDP 04-39(A) X CUP 04-28(A) RA X RA = Recommended Approval X = Final City decision-making authority On March 20, 2013, the Planning Commission recommended approval (6-0; Commissioner Schumacher absent) of Conditional Use Permit Amendment No. CUP 04-28(A) to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive in the Mello I Segment of the Local Coastal Program and in Local Facilities Management Zone 9. The location of the project site within the CommercialA/isitor-Serving Overlay Zone requires City Council approval of the proposed CUP Amendment. At the same public hearing held on March 20, 2013, the Planning Commission also approved (6-0; Commissioner Schumacher absent) Coastal Development Permit Amendment No. CDP 04-39(A). No public comments were received during the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project is included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed discretionary actions. FISCAL IMPACT: There are no fiscal impacts associated with the proposed Conditional Use Permit Amendment. ENVIRONMENTAL IMPACT: The City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the State CEQA Guidelines - Existing Facilities. The proposed project does not expand the existing building and the outdoor dining patio of 700 square feet is a negligible expansion. The site is zoned for the proposed commercial use, all public services DEPARTMENT CONTACT: Chris Garcia 760-602-4622 Chris.Garcia(a)carIsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 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 approval of the project. EXHIBITS: 1. City Council Resolution No. 2013-091 2. Location Map 3. Planning Commission Resolution No. 6946, dated March 20, 2013 4. Planning Commission Staff Report, dated March 20, 2013 5. Excerpts of Planning Commission Minutes, dated March 20, 2013. z EXHIBIT 1 1 RESOLUTION NO. 2013-091 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE 3 PERMIT AMENDMENT TO ALLOW FOR THE CONVERSION OF 1,000 SQUARE FEET OF RETAIL SPACE TO FOOD SERVICE 4 IN AN EXISTING 3,000 SQUARE FOOT BUILDING AND TO ALLOW THE ADDITION OF A 700 SQUARE FOOT OUTDOOR 5 DINING PATIO, LOCATED WITHIN THE POINSETTIA VILLAGE SHOPPING CENTER, ON THE EAST SIDE OF AVENIDA 6 ENCINAS BETWEEN POINSETTIA LANE AND LOGANBERRY DRIVE IN THE MELLO I SEGMENT OF THE LOCAL COASTAL 7 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 9. 8 CASE NAME: POINSETTIA VILLAGE PAD 4 CASE NO.: CUP 04-28(A) 9 10 follows: The City Council of the City of Carlsbad, California, does hereby resolve as 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 12 Commission did, on March 20, 2013, hold a duly noticed public hearing as prescribed by law to 13 consider Conditional Use Permit Amendment No. CUP 04-28(A); and 14 WHEREAS, the City Council of the City of Carlsbad, on the 30th day of 15 April , 2013, held a duly noticed public hearing to consider said Conditional Use Permit Amendment; and 1^ WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the adoption of a Conditional Use Permit Amendment. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 21 of Carlsbad as follows: 1. That the above recitations are true and correct. 22 23 2. That the recommendation of the Planning Commission for the approval of 24 a Conditional Use Permit Amendment is adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 6946 25 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 26 /// 27 /// 28 :3 1 "NOTICE TO APPLICANT" 2 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 4 other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; 5 however, if within ten days after the decision becomes final a request for the ^ record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in 7 court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of ^ record, if he has one. A written request for the preparation of the record of the g proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 30*^ day of April, 2013, by the following vote to wit: 10 11 12 13 AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas. 14 15 NOES: None 16 17 ABSENT: None. 18 19 20 21 22 ATTEST 23 24 25 26 (SB^ir^ MATT HALL, Mayor EXHIBIT 2 N NOT TO SCALE SITEMAP Poinsettia Village Pad 4 CUP 04-28(A) / CDP 04-39(A) 5 EXHIBIT 3 ^ PLANNING COMMISSION RESOLUTION NO. 6946 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNL\, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT 4 AMENDMENT TO ALLOW THE CONVERSION OF 1,000 SQUARE FEET OF RETAIL SPACE TO FOOD SERVICE IN AN EXISTING 3,000 SQUARE FOOT BUILDING AND TO ALLOW 6 THE ADDITION OF A 700 SQUARE FOOT OUTDOOR DINING PATIO ON PROPERTY GENERALLY LOCATED WITHIN THE 7 POINSETTIA VILLAGE SHOPPING CENTER IN LOCAL FACILITIES MANAGEMENT ZONE 9. ^ CASE NAME: POINSETTLWILLAGE PAD 4 9 CASE NO.: CUP 04-28(A) 10 WHEREAS, Donahue Schriber, "Developer/Owner," has filed a verified ^ ^ application with the City of Carlsbad regarding property described as 12 Parcel 12 of Parcel Map No. 15187 in the City of Carlsbad, 13 County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 28,1988 18 19 20 21 22 ("the Property"); and 14 15 1^ WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit Amendment as shown on Exhibits "A" - "D" dated March 20, 2013, on file in the Planning Division POINSETTIA VILLAGE PAD 4 - CUP 04-28(A), as provided by the conditions of approval of CUP 04-28 and Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on March 20, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP amendment; and 26 WHEREAS, on June 1,2005, the Planning Commission recommended approval 27 of CUP 04-28 as described and conditioned in Planning Commission Resolution No. 5905; and 28 18 22 WHEREAS, on July 12, 2005, the City Council approved CUP 04-28, as described and conditioned in City Council Resolution No. 2005-223. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of POINSETTIA VILLAGE PAD 4 - CUP o 9 10 04-28(A) based on the following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the community, ^ ^ and is in harmony with the various elements and objectives of the general plan, including, 12 if applicable, the certified local coastal program, specific plan or master plan, in that the proposed use of food service provides a desirable commercial service and 13 convenience for customers; is consistent with the Local Shopping Center land use designation, the Mello I Segment of the Local Coastal Program and the Local 14 Shopping Center and Commercial/Visitor-Serving Overlay Zones; and the proposed patio adds a desirable outdoor dining opportunity. 15 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the conversion of the 17 existing retail space to food service will be adjacent to an existing food service use and there is adequate space to accommodate the proposed outdoor patio. Furthermore, the site is located in a local shopping center that is developed with a I g mix of retail, food service and other commercial uses and the proposed project has been designed to accommodate all required parking on-site and provides adequate 20 traffic circulation. 21 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 23 City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the site is adequate to accommodate the change of 24 use from retail to food service and the proposed 700 square foot outdoor patio and additional parking. 25 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is served by Avenida Encinas, a 27 four-lane. Secondary Arterial road operating at an acceptable level of service. The conversion of the existing 1,000 square foot retail space to food service would only 28 generate a negligible amount of daily trips to the existing shopping center which can be accommodated by the existing street system. PC RESO NO. 6946 -2- ^ 5. That the proposed project is adequately designed to accommodate the high percentage of 2 visitor, tourist and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overlay zone in that the existing shopping 3 center functions adequately and no interior square footage is being added. Furthermore, all required parking for the proposed food service use is being 4 provided on-site. ^ ' That the building forms, building colors and building materials combine to provide an 6 architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone in that the existing main 7 structure is not expanding and therefore maintains the existing design and architecture. Furthermore, the proposed patio will add landscaping and a decorative wrought iron fence around the outdoor patio area. 22 That the project complies with all development and design criteria of the overlay zone. 8 9 10 .. That the City Planner has determined that the project belongs to a class of projects that 11 the State Secretary for Resources has found do not have a significant impact on the j2 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 - "Existing 13 Facilities" of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do 14 not apply to this project. 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 15 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 17 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions; 18 19 Note: Unless otherwise specified herein, all conditions shall be safisfied prior to building 20 permit issuance. 21 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 23 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 24 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 25 conditions or seek damages for their violation. No vested rights are gained by Developer 25 or a successor in interest by the City's approval of this Conditional Use Permit Amendment. 27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 28 and modificafions to the Conditional Use Permit Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. PC RESO NO. 6946 -3- ^ Development shall occur substantially as shown on the approved Exhibits. Any proposed 2 development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4 ^ 4, 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 5 challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 7 unless the City Council determines that the project without the condition complies with ^ all requirements of law. 9 5. 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 10 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 11 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit 12 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 13 (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 14 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. 15 16 .. 6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of 17 the Site Plan reflecting the conditions approved by the final decision-making body. 1 o ^° 7. Developer shall include, as part of the plans submitted for any permit plancheck, a j9 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 20 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 21 Director from the Carlsbad Unified School District that this project has satisfied its 22 obligation to provide school facilities. 23 9. 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 24 Plan prior to the issuance of building permits. 10. This approval shall become null and void if a building permit is not issued for this project 25 within 24 months from the date of project approval. 27 11. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 28 the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a PC RESO NO. 6946 -4- healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems 2 shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff 3 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 4 landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 5 5 13, This approval is granted subject to the approval of CDP 04-39(A) and is subject to all conditions contained in Planning Commission Resolufions No. 6947 for those other 7 approvals incorporated herein by reference. 14. This approval is subject to all conditions contained and referenced in Planning 9 Commission Resolution No. 5905 dated June 1, 2005 for CUP 04-28, and City Council Resolution No. 2005-223 dated July 12, 2005, are incorporated herein by 10 reference and remain in effect, except for Condition No. 11 of Planning Commission Resolution No. 5905 which are superseded by Condition No. 17 listed below. 11 12 15. 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 13 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 14 and facilities will continue to be available until the time of occupancy. 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 15 #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 17 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 ^ ^ taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 19 approval will not be consistent with the General Plan and shall become void, 20 17, Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 21 to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Amendment by Resolution No, 6946 on the 23 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 24 conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner 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. 22 25 26 27 18, CUP 04-28(A) shall be reviewed by the City Planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial 28 negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit vvas obtained by fraud PC RESO NO, 6946 -5- 5 ^ or misrepresentation; or 2) the use for which such approval was granted is not being 2 exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have 3 not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 4 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning 5 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 7 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose ^ new conditions, 9 19, This Conditional Use Permit Amendment is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a 10 substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met, 11 12 NOTICE 13 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. 15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 16 you protest them, you must follow the protest procedure set forth in Govemment 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 Jg follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 20 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired, 23 24 25 26 27 28 21 PC RESO NO, 6946 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on March 20, 2013 by the following vote, to wit: AYES: Chairperson Siekmann, Commissioners Black, L'Heureux, Montgomery, Scully and Segall NOES: ABSENT: Commissioner Schumacher ABSTAIN: KERRY K.«IEKMi CARLSBAD PLANNING COMMISSION , Chairperson ATTEST: DON NEU City Planner PC RESO NO. 6946 -7- The City of Carlsbad Plaiming Division EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION © Item No. P.C. AGENDA OF: March 20,2013 Application complete date: November 15,2012 Project Plamier: Chris Garcia Project Engineer: Tecla Levy SUBJECT: CUP 04-28(AVCDP 04-39(A) - POINSETTIA VILLAGE PAD 4 Request for a Conditional Use Permit Amendment and Coastal Development Permit Amendment to allow the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive in the Mello I Segment of the Local Coastal Program and in Local Facilities Management Zone 9. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6946 RECOMMENDING APPROVAL of Conditional Use Permit Amendment CUP 04-28(A), and ADOPT Planning Commission Resolution No. 6947 APPROVING Coastal Development Permit Amendment CDP 04-39(A), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project involves the conversion of 1,000 square feet of retail space to food service within an existing 3,000 square foot building in the Poinsettia Village shopping center. The project also proposes a 700 square foot outdoor dining patio adjacent to the building. The building was originally approved by CUP 04-28/CDP 04-39 for 2,000 square feet of food service and 1,000 square feet of retail. The existing building is located on Pad 4 in the southwestem portion of the shopping center. A Conditional Use Permit (GUP) amendment is needed for the addition of commercial/visitor serving uses within the CornmerciaWisitor-Serving Overlay Zone. A Coastal Development Permit (CDP) amendment is required for the development in the City's Coastal Zone and for a change in the intensity of use of an existing building. III. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a CUP and CDP to allow the conversion of 1,000 square feet of retail space to food service within an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio located witiiin the Poinsettia Village shopping center. The existing building is located on Pad 4 in the shopping center, east of Avenida Encinas and north of Loganberry Drive, adjacent to a project driveway. The proposed food service space would be in the south one-third of the building with an adjacent patio proposed on the south side of the building. The remaining two-thirds of the building will remain food service as previously approved. 13 CUP 04-28(A)/CDP 04-39(A) March 20, 2013 PAGE 2 POINSETTIA VILLAGE PAD 4 The total shopping center site covers approximately 22 acres. The Poinsettia Village shopping center is completely surrounded by roadways, namely Poinsettia Lane, Avenida Encinas, and Interstate 5. Surrounding land uses include Poinsettia Lane and a hotel to the north of the site, Lakeshore Gardens Mobilehome Park to the south and west of the shopping center, and the Interstate 5 freeway to the east of the site. 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 81-06(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 restaurant facilities; Pad 5 was developed with a gasoline station (Chevron) in 2000, and Pad 6 was approved in March of 2005 for a 5,000 square foot credit union with drive-thru ATM. The latest amendment in June of 2005 approved the development of Pad 4 with a 3,000 square foot building containing 2,000 square feet of food service and 1,000 square feet of retail. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A, Local Shopping Center (L) General Plan Designation; B, Mello I Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone; C, Local Shopping Center Zone (C-L) (Carlsbad Municipal Code Chapters 21.06 and 21.31); D, Commercial/Visitor-Serving Overlay Zone (Carlsbad Municipal Code Chapter 21,208); and E, 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. A. General Plan The General Plan designation for the project site is Local Shopping Center (L), The proposed use of food service is consistent with this designation. The proposed project is consistent will 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 ] PLAN COMPLIANCE Element Use Classification, Goal, Objective, or Program Proposed Use and Improvements Compliance Land Use Site is designated for Local Shopping Center uses. Proposed food service use is consistent with the Local Yes Site is designated for Local Shopping Center uses. Shopping Center Land Use designation. CUP 04-28(A)/CDP 04-39(A) - POINSETTIA VILLAGE PAD 4 March 20, 2013 PAGE 3 TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED Element Use Classification, Goal, Objective, or Program Proposed Use and Improvements Compliance Circulation Provide safe, adequate, and attractively landscaped parking areas. The project includes the necessary parking spaces, circulation and landscaping improvements. Yes Public Safety Design all structures in accordance with the seismic design standards of the UBC and State building requirements. The proposed food service space and patio must comply with all applicable building codes, including the seismic standards of the UBC and State building requirements. Yes Open Space & Conservation Utilize Best Management Practices for control of storm water and to protect water quality. Project will conform to all NPDES requirements. 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 food service use is consistent with the LCP Local Shopping Center (L) Land Use designation of the site. All applicable coastal zone grading 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. 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. C. Local Shopping Center Zone (C-L) The Poinsettia Village site is zoned Local Shopping Center (C-L) and is therefore subject to the provisions of Chapters 21.06 and 21.31 of the Zoning Ordinance. Chapter 21.06 contains the finding necessary to approve a Site Development Plan for the development of local shopping centers. However, Section 21,06,040 exempts an enlargement of less than one thousand square feet of any existing commercial or industrial building on a commercially or industrial zoned lot. Therefore, no amendment to the approved SDP (SDP 82-03) is required. The proposed food service and patio, which focus on the needs of the local neighborhood, are permitted uses in the C-L zone. The project would maintain the existing building setbacks and will be landscaped similar to the existing condition. The proposed patio addition will add 700 square feet of outdoor dining area surrounded by a three foot tall, bronze colored, wrought iron 15 CUP 04-28(A)/CDP 04-39(A) - POINSETTIA VILLAGE PAD 4 March 20, 2013 PAGE 4 fence. Access to the patio will be from a new double door on the south side of the building and from a four foot wide gate on the east side of the patio. Hedges will be added to the exterior of the south and west sides of the patio to enhance the view of the patio and act as a buffer from the project's driveway entry. D. CommercialA^isitor-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 Carlsbad Municipal Code. 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. The proposed food service within the existing building 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 setback of 30 feet, a minimum of 20 feet of which must be landscaped. The existing building is setback 30 feet from Avenida Encinas and the patio will not encroach into this setback. Some of the existing landscaping will be removed to make room for the patio, but additional landscaping will be provided surrounding the new wrought iron fence. All signage 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 Spanish/mission 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 exisfing building is consistent with this theme. Furthermore, the proposed patio does not propose any major exterior modifications to the existing building that would change the existing architectural style. The CommercialA^isitor-Serving Overlay Zone contains parking standards for shopping center retail, food service, and gas station uses. Required parking for food service is one space per 100 square feet and the required parking for an outdoor dining area is one space per 100 square feet in excess of 400 square feet. The parking required for the existing center, including the proposed food service /patio, office building, gasoline stafion, other food service and financial institution, totals 919 spaces. According to the site plan (Exhibit "A" dated March 6, 2013) and field verification, the proposed parking lot layout would provide 920 spaces. Therefore the proposed change of use to food service and the addition of an outdoor dining patio meet the parking requirements of the CommercialA^isitor-Serving Overlay Zone. E. Growth Management Ordinance 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, TABLE 2 Growth Management Compliance STANDARD IMPACTS COMPLIANCE City Administration N/A Yes CUP 04-28(A)/CDP 04-39(A) - POINSETTIA VILLAGE PAD 4 March 20, 2013 PAGE 5 TABLE 2 CONTINUED Growth Management Compliance STANDARD IMPACTS COMPLIANCE Library N/A Yes Waste Water Treatment 1 EDU Yes Parks N/A Yes Drainage DA Yes Circulation 120 ADT Yes Fire Station No, 4 Yes Open Space N/A Yes Schools Carlsbad Unified Yes Sewer Collection System lEDU Yes Water 391 GPD Yes V. ENVIRONMENTAL REVIEW The project is exempt from further environmental documentation pursuant to Section 15301 of the State CEQA Guidelines - Existing Facilities, The proposed project does not expand the existing building and the outdoor dining patio of 700 square feet is a negligible expansion. 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. ATTACHMENTS: 1, Planning Commission Resolution No, 6946 (CUP) 2, Planning Commission Resolution No, 6947 (CDP) 3, Location Map 4, Disclosure Form 5, Background Data Sheet 6, Local Facilities Impact Assessment Form 7, Reduced Exhibits 8, Exhibits "A" - "D" dated March 20, 2013 9, Planning Commission Resolution No, 5905 (CUP 04-28) 10, Planning Commission Resolution No, 5907 (CUP 04-39) n ^ DISCLOSURE Development Services <$r^ STATEMENT planning Division CITY OF p 4/A\ 1635 Faraday Avenue TAR I ^RAD (760)602 4610 V-'/M \ I—JU/VI—^ www.carlsbaclca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, fimri, co-partnership, joint venture, association, social club, fraternal 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 ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Pe^so'?^]^^ fk^MSrxr^C Corp/Part. Title <^i3»i«fftug^ Title AHHrpgc;^y^y^f,^ AiN^ /HCtlm^ Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants In common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Scaif U»MtL04cS. Corp/Part*7\^)t»)iftMg, ScjJAi.4&^ Titl^tt.. VP eC Gp«art»M.Woo Title Address fifctr^j^ ^ h\i Address ?<3n ^r^kyr^i<i^P(l j^r hm p-1 (A) Pagel of2 Revised07/10 1*^ 3. 4. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Address Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? r~] Yes !^,No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify thai all the a6bve information is true and correct to Print or type name of owner Signature of appjju^nt/date Print or type name of ai pplicant Signature ofvowner/applicant's agent if applicable/date Print or type name oT^owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 19 BACKGROUND DATA SHEET CASE NO: CUP 04-28(AVCDP 04-39(A) CASE NAME: POINSETTIA VILLAGE PAD 4 APPLICANT: Donahue Schriber REQUEST AND LOCATION: Request for a Conditional Use Permit Amendment and Coastal Development Permit Amendment to allow the conversion of 1.000 square feet of retail space to food service in an existing 3.000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Land and Loganberry Drive. LEGAL DESCRIPTION: Parcel 12 of Parcel Map No. 15187 in the Citv of Carlsbad. County of San Diego, State of Califomia. filed in the Office of the County Recorder of San Diego County. March 28. 1988. APN: 214-430-24-00 Acres: ^ Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Existing Land Use Designation: L (Local Shopping Center) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: C-L - Local Shopping Center Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site C-L L Shopping Center North C-2 T-R Motel South RMHP RM Mobile Home Park East T-C T-C Interstate 5 West RMHP RM Mobile Home Park LOCAL COASTAL PROGRAM Coastal Zone: ^ Yes Q No Local Coastal Program Segment: Mello I Within Appeal Jurisdiction: O Yes ^ No Coastal Development Permit: ^ Yes O No Local Coastal Program Amendment: O Yes |3 No Existing LCP Land Use Designation: L_ Existing LCP Zone: C-L Proposed LCP Land Use Designation: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 1 EDU ENVIRONMENTAL IMPACT ASSESSMENT 13 Categorical Exemption, State CEQA Guidelines 5301 - Existing Facilities I I Negative Declaration, issued O Certified Environmental Impact Report, dated. • Other, Revised 01/06 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 LOCAL FACILITY MANAGEMENT ZONE: 9 GENERAL PLAN: L-Local Shopping Center ZONING: C-L - Local Shopping Center DEVELOPER'S NAME: Donahue Schriber ADDRESS: 200 E. Baker Street. Suite 100. Costa Mesa, CA 92626 PHONE NO.: 714-545-1400 ASSESSOR'S PARCEL NO.: 214-430-24-00 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 1,700 SQ. FT. ESTIMATED COMPLETION DATE: January 2014 A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C, Wastewater Treatment Capacity (Calculate with J, Sewer) 1 EDU D, Park: Demand in Acreage = N/A E, Drainage: Demand in CFS = .,09 Identify Drainage Basin = DA (Identify master plan facilities on site plan) F, Circulation: Demand in ADT = 120 (Identify Trip Distribution on site plan) G, Fire: Served by Fire Station No, = 4 H, Open Space: Acreage Provided = N/A I, Schools: Carlsbad Unified (Demands to be determined by staff) J. Sewer: Demands in EDU 1 Identify Sub Basin = 22B (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 391 POINTSEWA VILLAGE PAD 4 yi-5 CUP 04 28(A) CDP 04 39(A) POINSETTIA VILLAGE CARLSBAD, CA DONAHUE SCHRIBER REALTY GROUP, INC 100 2C0 200 E. BAKER STREET; SUITE 100. 92626 (714) 545-1400 *l.L AREAS or CUP AUCNOUENT iS aOJDCD - U.O.N.. Al.!. OTHW PORIIONS Of THIS DRAWING IS FOR HtFtREKCE ONLY '7 ZihBARIH ASSOCIA e SHEET 1 SDP82-03(E)' CUP 04-28 CDP 04-39 Nt* C«£>St INTE-ICtPIOTi. FIEia.VlfW» IXACT tOCATlftN-OU^W TENANT (HPfiWEWENT RI/N CHECK ~ ft.) aflLDtW LEFTSIDE ELEVAjm [SOUTH] FTMCr COtOfc !W AMENDMENT - V.O.H. ili. OIHER PORIIONS CF THS DRAWING IS CXISTINC AND FCR RLFtRENCL ONLY nOOR PLANTS 5cAL£,/.r"..^ -(^ NORTH RIGHTSMBEyATION (NORTH) REAR ELEVATION (WEST) POINSETTIA VILLAGE AREA OF CUP AMENDMENT - U.O.N., ALL OTHER PORTIONS OF THIS DRAWING IS EXISTING AND FOR REFERENCE ONLY SHEET 2 CARLS3A0. CA DONAHUE SCHRIBER REALTY GROUP INC. 0 50 100 200 "7 ZEBARH ASSOCIATES 200 E. BAKER STREET; SUITE 100, COSTA MESA, CA 92626 (714) 545-1400 -- o POlNSLlTiA VLLAGE/PAD4 - PRELIMINARY LANDSCAPE PLAN SHEET 3 CARI SBAd, CA A^"''\ 7 ZirSARTll ASSOC:ATF^ DONAHUE SCHR BER REALTY 200 E. 3AKER STREET; SUITE 100. COSTA MESA, GROUP, NC. CA 92626 (714) 545-1400 POINSETTIA VILLAGE/PAD4 CARLSBAD, CA DONAHUE SCHRIBER REALTY GROUP, INC. 200 E. BAKER STREET; SUITE 100, COSTA MESA, CA 92626 (714) 545-1400 EXHIBIT 5 Planning Commission Minutes March 20,2013 Page 9 MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution no. 6945 approving CUP 12-14 for a period of 10 years, based upon the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Scully and Commissioner Segall NOES: None ABSENT: Commissioner Schumacher ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. 4. CUP 04-28(AVCDP 04-39(A) - POINSETTIA VILLAGE PAD 4 - Request for a Conditional Use Permit Amendment and Coastal Development Permit Amendment to allow the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive in the Mello I Segment of the Local Coastal Program and in Local Facilities Management Zone 9. Mr. Neu introduced Agenda Item 4 and stated Junior Planner Chris Garcia would make the staff presentation. Chairperson Siekmann opened the public hearing on Agenda Item 4. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Don Armstrong, 11318 Crystal Oaks Way, San Diego, representing the owner of the property, stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Scully asked if there is a tenant secured for the site. Mr. Armstrong stated it is St. Tropez. Chairperson Siekmann asked if there any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Chairperson Siekmann opened and closed public testimony. DISCUSSION Commissioner Segall stated he supports the project. Commissioner L'Heureux stated he too can support the project. Commissioner Scully stated she can also support the project Commissioner Montgomery stated he can support the project. Commissioner Black stated he can support the project. Chairperson Siekmann stated she can support the project. Planning Commission Minutes March 20,2013 Page 10 MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6946 recommending approval of Conditional Use Permit Amendment CUP 04-28(A), and adopt Planning Commission Resolution No. 6947 approving Coastal Development Permit Amendment CDP 04-39(A), based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Scully and Commissioner Segall NOES: None ABSENT: Commissioner Schumacher ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 4 and thanked Staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS Ms. Mobaldi commented that the court has ruled in the City's favor on all counts in the lawsuit regarding Dos Colinas filed by the Friends of Aviara. Ms. Mobaldi also commented that the Commissioners will be contacted regarding upcoming ethics training. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of March 20, 2013, was adjourned at 8:06 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp 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: April 19*^2013 Proof of Publication of NOTICE OF PUBLIC HEARING ^^i^NOTICE IS HEREBY GIVEN to you, because your in- 'terest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Coun-. cil Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 30, 2013, to consider approval of a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poin-settia Village shopping center, on the east side of Avenida Poinsettia Lane and Loganberry Drive in the AAello I Segment of the Local Coastal Program and in Local Fa- cilities AAanagement Zone 9 and more particularly described as: Parcel 12 of Parcel Map No. 15187 in the City of Carlsbad, Coun-ty of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, A/\arch 28, 1988 Whereas, on AAarch 20, 2013 the City of Carlsbad Planning Com- mission voted 6-0 (Schumacher absent) to recommend approval of a Conditional Use Permit Amendment and approved a Coast- X peyelopment Permit Amendment to allow for the conversion square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas be-tween Poinsettia Lane and Loganberry Drive in the Mello I Seg- ment of the Local Coastal Program and in Local Facilities Man-agement Zone 9. Those persons wishing to speak on this proposal are cordially in-vited to attend the public hearing. Copies of the agenda bill will be available on and after April 26, 2013. If you have any ques- !'^°zn^',?i^?,^o^. contact Chris Garcia in the Planning Division at (760) 602-4622 or chris.garcia@carlsbadca.gov. If you challenge the Conditional Use Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this no- tice 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: CUP04-28(A) CASE NAME: POINSETTIA VILLAGE PAD 4 CITY OF CARLSBAD CITY COUNCIL Pub: 4/19/13 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This 19^^y April, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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 6:00 p.m. on Tuesday, April 30, 2013, to consider approval of a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive in the Mello I Segment of the Local Coastal Program and in Local Facilities Management Zone 9 and more particularly described as: Parcel 12 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 Whereas, on March 20, 2013 the City of Carlsbad Planning Commission voted 6-0 (Schumacher absent) to recommend approval of a Conditional Use Permit Amendment and approved a Coastal Development Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food sen/ice in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive in the Mello I Segment of the Local Coastal Program and in Local Facilities Management Zone 9. 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 April 26, 2013. If you have any questions, please contact Chris Garcia in the Planning Division at (760) 602-4622 or chris.garcia@carlsbadca.gov. If you challenge the Conditional Use Permit Amendment 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 priorto the public hearing. CASE FILE: CUP 04-28(A) CASE NAME: POINSETTIA VILLAGE PAD 4 PUBLISH: April 19, 2013 CITY OF CARLSBAD CITY COUNCIL SITEMAP N NOT TO SCALE Poinsettia Village Pad 4 CUP 04-28(A) / CDP 04-39(A) ^a3AV-OD-008H U10)-Aj3Ae'AAMM CARLSBAD UNIFIED SCHOOL DISTRICT 6225 ELCAMINO REAL CARLSBAD CA 92011 [ Nxdn-dod pjoqai 3| jaifA^j apsuas • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 ja|ad ^ saipe^ sawenbii ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIMJOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARKCT SAN DIEGO CA 92123-4340 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION AHN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 ^a6p3 dn-dod asodxa m aim fiiiniD miaa jsded paaj ®091S aieidtuai @AjaAV asn Easy Peel® Labels Use Avery® Template 5160® Bend along line to j expose Pop-up Edge^" j AVERY® 5160® THRIFTY PAYLESS INC LF ROBIN 3 0 HUNTER LN CAMP HILL, PA 17011-2400 RALPHS GROCERY CO 1100 W ARTESIA BLVD COMPTON, CA 90220-5108 KANG BEAM LLC 2213 CREST DR MANHATTAN BEA, CA 90266-4419 MITCHELL LAND & IMPROVEMENT 2919 GARDENA AVE SIGNAL HILL, CA 90755-1914 LAKESHORE GARDENS PROPERTY 18915 NORDHOFF ST 5 NORTHRIDGE, CA 91324-3790 DONAHUE SCHRIBER REALTY GROU 30 HUNTER LN CAMP HILL, PA 17011-2400 BYRON WHITE 591 CAMINO DE LA REINA 616 SAN DIEGO, CA 92108-3108 DONAHUE SCHRIBER REALTY GROU 5694 MISSION CENTER RD 602-8 SAN DIEGO, CA 92108-4324 TAO LLC 5694 MISSION CENTER RD 602 SAN DIEGO, CA 92108-4324 DONAHUE SCHRIBER REALTY GROU 5694 MISSION CENTER RD 602-8 SAN DIEGO, CA 92108-4324 DONAHUE SCHRIBER REALTY GROU 200 BAKER ST 100 COSTA MESA, CA 92626-4551 ROBERT BRUCE 6272 SILVERWOOD DR HUNTINGTON BE, CA 92647-3364 litiquettes faciles a peler r Repliez a la hachure afin de www.avery.com Poinsettia Village Pad 4 CUP 04-28(A)/CDP 04-39(A) Location Map Project Information •Existing 3,000 sq. ft. building approved for 2,000 sq. ft. of food service and 1,000 sq. ft. of retail. •Project proposes 100% food service plus a new 700 sq. ft. outdoor dining area. •Project is located in the Commercial/Visitor- Serving Overlay Zone. •Project recommended for approval by Planning Commission on March 20, 2013. Parking •Parking requirement increases with the change of use from Retail to Food Service and with the addition of the outdoor dining area. •Total parking required = 919 parking spaces. •Total parking proposed = 920 parking spaces. Elevations Elevations Elevations Project Consistency •General Plan – (L) Local Shopping Center; •Zoning – (C-L) Local Shopping Center; •Commercial/Visitor-Serving Overlay Zone; •Growth Management Regulations; and •CEQA. Recommendation That the City Council ADOPT City Council Resolution No. 2013-091 APPROVING Conditional Use Permit Amendment CUP 04- 28(A), as recommended for approval by the Planning Commission.