HomeMy WebLinkAbout2013-03-20; Planning Commission; ; CUP 04-28A|CDP 04-39A - POINSETTIA VILLAGE PAD 4The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 20, 2013
Item.No. 0
Application complete date: November 15, 2012
Project Pla1mer: Chris Garcia
Project Engineer: Tecla Levy
SUBJECT: CUP 04-28(A)ICDP 04-39(A)-POINSETTIA VILLAGE PAD 4
Request for a Conditional Use Pe1mit Amendment and Coastal Development
Pennit 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
Loganbeny 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
Pennit 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. TI1e
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. Tue existing building is located on Pad 4 in the southwestern
portion of the shopping center. A Conditional Use Pennit (CUP) amendment is needed for the
addition of commercial/visitor serving uses within the Commercial/Visitor-Se1ving Overlay
Zone. A Coastal Development Pemiit (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 se1vice within 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. The existing building is located on Pad 4 in the shopping center, east of A venida Encinas
and north of Loganbeny Drive, adjacent to a project driveway. Tue 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 se1vice as previously
approved.
0
CUP 04-28(A)/CDP 04-39(A) – POINSETTIA VILLAGE PAD 4
March 20, 2013
PAGE 2
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 Shopping Center Land Use designation.
Yes
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
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. Commercial/Visitor-Serving Overlay Zone
The Poinsettia Village site is located within the Commercial/Visitor-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 existing 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 Commercial/Visitor-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 station, 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 Commercial/Visitor-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 1 EDU 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)
SITE MAP
In
al
SAN BENITO
• N
NOT TO SCALE
Poinsettia Village Pad 4
CUP 04-28(A) I CDP 04-39(A)
«~> ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
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, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this a.nd any other county, city and county,
citymunicipality, 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 arid 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 publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Perso~ONi ~c. Corp/Part ___________ _
Title £!l,,. Title ___________ _
Address 2.ob 1-_l'ffklltt H-1w c.ast'~ Address __________ _
CA 11.e.21,
2. OWNER (Not the owner's agent)
P-1(A)
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 publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Su:tt ~Lale.a. Corp/Par{J::JQN,,k Sc.>¥.>..&:Q.
Title$L \JP eQ ~~~ Title ___________ _
Addressi.oo '1d1:1!Ak&, st Alen Address la:, 1:1irt::)A',tp 1ft: &,o,
Cnl' ~ cA C}U,2J, (J$rL\, Vl\~ CA. Ciz."i..c.
Page 1 of 2 Revised 07 /1 o
3. NON-PROFIT ORGANIZATION OR TRUST
4.
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 ProfiUTrust . ....+-------Non Profit/Trust _________ _
Title _____ --'lr-------Title _____ __.,_ ______ _
Address ____ ~------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?
D Yes If yes, please indicate person(s): __ .... N...,_fA ..... -________ _ I
NOTE: Attach additional sheets if necessary.
ve information is true and (2t of m
--....ffl-J..__-fP"""-'----''-----------------------------..;.......o..._...;;.. __
Signature of appli
Print or type name of owner ~A~G rintor type name of applicant
\
Signature o'Sapplicant's agent if applicable/date
Print or type name D'f~ner/applicant's agent
P-1 (A) Page 2 of 2 Revised 07/10
Revised 01/06
BACKGROUND DATA SHEET
CASE NO: CUP 04-28(A)/CDP 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 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.
APN: 214-430-24-00 Acres: .92 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:
Zoning 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 No Local Coastal Program Segment: Mello I
Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No
Local Coastal Program Amendment: Yes No
Existing LCP Land Use Designation: L Proposed LCP Land Use Designation: N/A
Existing LCP Zone: C-L 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
Categorical Exemption, State CEQA Guidelines 5301 – Existing Facilities
Negative Declaration, issued
Certified Environmental Impact Report, dated
Other,
[8J
□
□
□
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
NOT[ PARKING AND SITE
RENOVATIONS OUTSIDE THE
PROPOSED PAD-4 PROJECT LIMIT
LINE HAVE BEEN PREVIOUSLY
APPROVED AS PART OF RESOLUTION
NO. 5833
LLAGE PAD4
I
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EXISTING
BUILDING p
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EXISTING
BUILDING
A
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2
EXISTING
BUILDING
B
-----
RESTRIPE H.C. AND
STAHOAAD PARKING
SPACE DIMENSIONS
"
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-------------
EXISTING
\-5
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EXISTIN
BU/LOIN
EXISTING
BUILDING
C
,-----+--, D REPIJCE (E) H.C.
REPI.ACE (E) H.C.
SPACE WITI-I STO.
PKG. SPACES
~3
9
SP>CES AND LOAD NG
WITH STD. PKO.
SPACES
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EXISTING
BUILDING
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SUMMARY FOR (E) FOOD SERVICE BLDG M:
STREIT ADDRESS:
ACCESSOR'S PARCEL NO.:
TOTAL SITE ACREAGE:
EXISTING ZONING
EXISTING OVERLAY ZONE:
EXISTING GENERAL PLAN:
EXISTING LAND USE:
PROPOSED LAND USE:
TOTAL BUILDING COVERAGE:
7190 AVENIOAS ENCINAS
214-430-24
0.55 ACRES
C-L LOCAL SHOPPING CENTER
COMMERCIAL/VISITOR-SERVING
L -LOCAL SHOPPING CENTER
FOOD SERVICE/RITAIL
FOOD SERVICE
3,000 SF.
PERCENT OF SITE TO BE LANDSCAPED 21.5 %
AVERAGE DAILY TRAFFIC GENERATED:
NAME OF THE SEWER:
WATER DISTRICT
NAME OF THE SCHOOL DISTRICT
AVERAGE SEWER GENERATION.
AVERAGE POTABLE WATER DEMAND:
OCCUPANCY CLASSIFICATION:
CONSTRUCTION TYPE:
PARKING ANALYSIS:
EXISTING PARKING
FOOD SERVICE @ 1/100
1,856 TRIPS
CITY OF CARLSBAD (760)438-2722
CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD SCHOOL DISTRICT (760)331-5300
.0003 MILLION GALLONS PER DAY
20 GALLONS PER MINUTE
M/A-3 (PER 2001 C.B.C.)
V-FULLY SPRINKLERED
FOOD SERVICE-PATIO @ 1/100 IN EXCESS OF 4-00
909
30
3
SHOPPING CENTER @ 1 /200
BANK @ 1/250
OFFICE BUILDING @ l /250
GAS STATION @ 1/JOO (+.3 per city req.)
TOTAL PARKING REQUIRED
TOTAL PARKING PROVIDED :
PARKING SURPLUS:
PO INSE TTIA
CARLSBAD, CA
767
20
85
14
919
920 STAU.S
1 STALLS
(19 H.C.)
(33 H.C.)
V ILLAGE
DONAHUE SCH RI BER
200 E. BAK ER STREET ; SUITE 1 00,
-
SITE DATA:
LANO AREA:
A & B
C
D & E
F (RALIPHS)
H & I
p
0
N
TOTAL SHOPPING CENTER
M FOOD SERVICE
M FOOD SERVICE-NEW PATIO
L CHEVRON
K (BANK)
J (OFFICE BLOG.)
TOTAL
I
---
869,458 S.F. (19.9 ACRES)
34,874 SF
21,964 SF
13,696 SF
55,255 SF
!8,490 SF
4,506 SF
2.356 SF
2,250 SF
153,391 SF
3 000 SF
700 SF
3.01 6 SF
5,000 SF
21.233 SF
187,340 SF
(EXISTING AREAS BASED ON APPROVED SOUARE
FOOTAGE SHOWN ON BLOG. PERMIT APPLICATIONS)
~~J UPDATED PER AREA Of
CUP At.iENDMENT
-=----
LEGEND:
TYP. MIN, STANDARD STALL
151 151
i' -o•J 1°-" .f • ffP ,, ~tl'' TvP
e,' -,t v.vi
!,GC(S::iiSI_~
'
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<!_>11rs1GNAGE
·4i_
TYP. COMPACT STALL
TYPICAL ACCESSIBLE PARKING STALL
REALTY GROUP ' I NC.
COSTA MESA, CA 9262 6 (714) 545 -1400
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WITH STD. PKG.
SR
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EXISTING
BUILDING
F
II
II
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2
-._)
HEW GREASE INTERCEPTOR.
flB.D VERIFY EXACT
LOCATION DURING TENANT
IMPROVEMENT PLAN CHECK
0 50
\
\
100
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EXISTING
EXPANSION
TOBLDGF
6 I @I
EXISTING
BUILDING
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LOT 11
EXISTING FOOD
SERVICE (2,000SF)
200
NEW PROPOSED PAllO
ADDITION OF 700 SF,
TO EXISTING BUILDING.
CONVERT rnSTING
LANDSCAPE INTO
CONCRETE PATIO
EXISTING REf~l/
PROPOSED FOOD
SERV1CE (1,000SF)
z
-----------------------
2 '
" " EXISTING
BUILDING
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IPE TO HAVE
13
KE£P EXISTING
~DICAP SPACES
'#ITH LOADING -
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16 7
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CUP 04-28(A )
CDP 04-39(A)
EXISTING
OFFICE
BUILDING
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VICINITY MAP:
ALL AREAS OF CUP
AMENDMENT IS CLOUDED
-U.O.N., ALL OTHER
PORTIONS OF THIS
DRAWING IS FOR
REFERENCE ONLY
ZIE BARTH ASSOC IATES
ARC HITECTURE & PLANNING
2900 FOURTH AVE., SUITE 204• SAN DIEGO, CA 92103
(619) 233-6450 FAX (619) 233-6449
NORTH
EB
SHEET 1
PROJ ECT NO: 12250
DATE: 1/10/2013
REVISED:
FILE NAME:
~ -~/7~,______==--====----~~-
WEST--------------------~ I , ~
I, ~ ~EW GREASE INTERCEPTOR.
FIEL-R_ VERIFY EXACT
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"' STANDARD
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1 1,000 S.F
(E) FOOD
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2,000 S.F.
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AMENDMENT -U.O.N.,
ALL OTHER PORTIONS
OF THIS DRAWING IS
8
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B
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EXISTING AND FOR
REFERENCE ONLY
6 E 6 E
II -
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II -
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REA R ELEVA TION (WES T)
SCALE: 1/8" = 1'-0"
PO INSE TTIA V ILLA GE
CARLSBAD, CA
DONAHUE SCHR IBER REALTY
200 E. BAKER STREET; SU ITE 1 00, COSTA MESA,
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CUP 04-28
CD P 04-39
SHEET2 z ZI EB ARTH ASSO CIATES
ARC HITECTURE & PLANNING
2900 FOURTH AVE., SUITE 204• SAN DIEGO, CA 92103
(619) 233-6450 FAX (619) 233-6449
PROJECT NO: 12250
DATE: 1/17/13
REV ISED:
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CAR LSBAD , CA
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ARC HITECTURE & PLANNING
2900 FOURTH AVE .• SUITE 204• SAN DIEGO, CA 92103
(619) 233-6450 FAX (619) 233-6449
SHEET4
PROJECT NO: 12250
DATE: 12/5/12
REVISED:
FlLE NAME.:
ATTACHMENT 9
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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 A VENIDA ENCINAS BETWEEN POINSETTIA LANE
AND LOGANBERRY ORNE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA VILLAGE PAD 4
CASE NO.: CUP 04-28
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 June 1, 2005, on file in the Planning Department,
POINSETTIA VILLAGE PAD 4-CUP 04-28, as provided by Chapter 21.42 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
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:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA VILLAGE PAD 4 -CUP
04-28, based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed 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 Commercial/Visitor-Serving Overlay Zoning
designations; and the proposed architecture is consistent with the existing buildings
within the Poinsettia Village shopping center.
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 handle all traffic
generated by the proposed use, in that the project would generate approximately 1,856
average daily trips which was anticipated with the original shopping center Site
Development Plan approval.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, based on the facts set forth in
the staffreport dated June 1, 2005, including, but not limited to the following:
A.)
B)
C)
Land Use -The site is designated for Travel/Recreation Commercial and
Local Shopping Center (TR/L) and the proposed 3,000 square foot
commercial building of retail and food service is consistent with the Local
Shopping Center designation.
Circulation -The project includes the necessary parking spaces, parking lot
circulation, and landscaping improvements.
Public Safety -The proposed building complies with all applicable building
codes, including the seismic standards of the UBC and State building
requirements.
PC RESO NO. 5905 -2-
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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 construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a.
b.
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
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
proposed use and site location within the overlay zone.
That the building forms, building colors and building materials combine to provide an
architectural style of development that will add to the objective of high quality
architecture and building design within the overlay zone.
That the project complies with all development and design criteria of the overlay zone.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 -New Construction
of Small Structures of the state CEQA Guidelines. In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to 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
PC RESO NO. 5905 -3-
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2.
3.
4.
5.
6.
7.
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implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and iss~ce of this Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and ( c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City's approval is not
validated.
Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 9 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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9.
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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 CommercialNisitor-Serving Overlay Zone, and to provide for the health, safety and
general welfare of the City.
This Conditional Use Permit is granted for a period of 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 found that the use has a substantial detrimental effect on surrounding land uses and the
public's health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed 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 Planning 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 and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
PC RESO NO. 5905 -5-
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General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris. The 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 from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the grading or building permit, whichever occurs first,
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit, Site Development Plan Amendment, and Coastal
Development Permit by Resolutions No. 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.
20. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Engineering:
22.
23.
24.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Fees/ Agreements
25.
26.
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.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
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 issuance of a building permit. Relocation
of the existing fire hydrant can be designed, secured, and permitted with the
projects grading plans and permits.
Dedications/Improvements
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.
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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 notifying prospective owners and tenants of the following:
A.
B.
C.
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.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs 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
Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
C.
d.
e.
f.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) 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 from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
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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 with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 5905 -9-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of June 2005 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
JEFFRE N. EGALL, a1rperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PC RESO NO. 5905 -10-
ATTACHMENT 10
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PLANNING COMMISSION RESOLUTION NO. 5907
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COAST AL
DEVELOPMENT PERMIT CDP 04-39 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 A VENIDA ENCINAS BETWEEN POINSETTIA LANE
AND LOGANBERRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA VILLAGE PAD 4
CASE NO.: CDP 04-39
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 Coastal
Development Permit as shown on Exhibits "A" -"D" dated June 1, 2005, on file in the
Planning Department, POINSETTIA VILLAGE PAD 4 -CDP 04-39 as provided by Chapter
21.201.040 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
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES POINSETTIA VILLAGE PAD 4 -CDP 04-39 based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no prime agricultural lands exist on or near
the site; no environmentally sensitive habitats exist on or near the developed site; no
coastal access is or will be needed through or adjacent to the project site; any
erosion will be controlled by grading in conformance with applicable City
standards; and no significant visual panoramas exist on the site.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located along the shoreline and thus cannot
provide any public access to the shoreline nor provide any coastal recreational
opportunities.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep
slopes or native vegetation is located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
The project site is not located in the Coastal Agricultural Overlay Zone, according to Map
X of the Land Use Plan certified September 1980, and, therefore, is not subject to the
provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202. of the Zoning
Ordinance).
The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading 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
PC RESO NO. 5907 -2-
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2.
3.
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implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
This approval is granted subject to the approval of CUP 04-28 and SDP 82-03(E) and is
subject to all conditions contained in Planning Commission Resolutions No. 5905 and
5906 for those other approvals incorporated herein by reference.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
PC RESO NO. 5907 -3-
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NOTICE
Please talce NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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 200S, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
JEFFRE N. GALL, C erson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RESO NO. 5907 -4-