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HomeMy WebLinkAboutCUP 99-15; Chevron Poinsettia Village; Conditional Use Permit (CUP)CITY OF CARLSBAD 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLYI • Administrative Permit - 2nd Dwelling Unit • Planned Industrial Permit • Administrative Variance • Planning Commission Determination a Coastal Development Permit • Precise Development Plan Conditional Use Permit • Redevelopment Permit • Condominium Permit Site Development Plan SDP 82-3B ^ L. Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan _ • Hillside Development Permit • Tcntotivo Porool Mop Obtain from Engineering Department • Local Coastal Plan Amendment • Tentative Tract Map • Master Plan • Variance • Non-Residential Planned Development • Zone Change Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO(S).; 214-430-23 3) PROJECT NAME: Chevron Poinsettia Village BRIEF DESCRIPTION OF PROJECT: New Service Station/ Carwash With 2100 SF Food Mart 5) OWNER NAME (Print or Type) Ken Narain 6) APPLICANT NAME (Print or Type) Western States Eng. / Joseph Karaki MAILING ADDRESS MAILING ADDRESS P. 0. Box 1918 1180 N. Richfield Rd CITY AND STATE ZIP Rancho Santa Fee TELEPHONE CITY AND STATE ZIP TELEPHONE Anaheim, Ca 92807 714/ 572-2010 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. THAT ALL THE ABOVE THE BEST OF MY 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION p^r-ool 11^ M^p 1S1R7, APN 21 4-430-23 RFN 88-1 40044 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 1 6 pa/ ^^-^ PAGE 1 OF 2 81 LOCATION OF PROJECT ON THE BETWEEN Lot 11 , Poinsettia Village 4 North East STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) Avpnida Encinas (NAME OF STREETl Avenida Encinas AND Interstate 5 (NAME OF STREETl 9) LOCAL FACILITIES MANAGEMENT ZONE 1 0) PROPOSED NUMBER OF LOTS N/A 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 1 . V: -2 SL 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING TRC Same (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATICN 6246 Sa-me 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED p /- RECEiVED AUG 0 5 1999 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 1 6 PAGE 2 OF 2 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: NARAIN K B Description CUP9915A Amount 66.97 2150 11/26/02 00O2 01 02 CGP 66-97 Receipt Number: R0031173 Transaction Date: 11/26/2002 Pay Type Method Description Amount Payment Check 4319 66.97 Transaction Amount: 66.97 FILE COPY MCUP & CUP ANNUAL REVIEW SHEET INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE SENIOR PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASENAME: Chevron Poinsettia Village CASE NUMBER(S): CUP 99-15A APPROVING RESO NO(S). PC Reso # 4739,5293; CC Reso # 2000-154,2002-339 PLANNER COMPLETING REVIEW: Barbara Kennedv PROJECT HISTORY Does project have a code complaint history? Q Yes ^ No If yes, check those that apply and explain below. I I Code Enforcement Q Police Q Fire Prevention Corrunents (include corrective actions taken and date compliance obtained): None Conditions of Approval: Hours of operation for the car w^ash are from 7:00 a.m. until 9:00 p.m. Monday - Saturday and 8:00 a.m. - 8:00 p.m. on Sunday. Currently hours of operation are: 7AM-9 PM Mon-Fri and 8AM-8PM Sat & Sun Q:\CED\PLANNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 03/1 3 REVIEW INFORMATION Has the permit expired? Q Yes ^ No Permit expires: Approved in Perpetuity Date of review: 1/30/2014 Name: Brij M Ohri Applicant • Owner ^ Other If other, state title: Manager 760-804-5759 7170 Avenida Encinas Carlsbad, CA 92011 *CURRENT APPLICANT INFORMATION: Name: Ragini Narain Phone: 858-756-1831 Contact name (if different): Address: P. O. Box 1918 Mailing (if different): Rancho Santa Fe, CA 92067 E-mail: (optional) •CURRENT OWNER INFORMATION: Name: TAO, LLC Phone: 310-323-3992 Contact name (if different): Address: 17311 South Main Street Mailing (if different): Gardena, CA 90248 E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? ^ Yes Q No If no, list below the condition(s) and/or plan aspects the project is not in compliance with per resolution number or exhibit. N/A Corrective action(s) to be taken: None Date planner completed follow-up review and confirmed project compliance: Planner Signature ' Senior Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q;\CED\PLANN1NG\ADM1N\TEMPLATES\MCUPANNUALREV1EWSHEET 03/1 3 MCUP & #JP ANNUAL REVIBil^ SHEET [;[! CO* •i INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASENAME: Chevron Poinsettia Village CASE NUMBER(S): CUP 99-15. APPROVING RESO NO(S). PC Reso # 4739, 5293; CC Reso # 2000-154, 2002-339 PLANNER COMPLETING REVIEW: Barbara Kennedv PROJECT HISTORY Does project have a code complaint history? Q Yes If yes, check those that apply and explain below. I I Code Enforcement Q Police Comments (include corrective actions taken and date compliance obtained): None ^ No I I Fire Prevention Conditions of Approval: Hours of operation for the car wash are from 7:00 a.m. until 9:00 p.m. Monday - Saturday and 8:00 a.m. - 8:00 p.m. on Sunday. Currently hours of operation are: 7AM-9 PM Mon-Fri and 8AM-8PM Sat &c Sun Q:\CED\PLANNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 02/1 1 REVIEW INFORMATION Has the permit expired? Q Yes ^ No Permit expires: Approved in Perpetuity Date of review: 1/31/2013 Name: Brij M Ofu-i O Applicant Q Owner ^ Other If other, state title: Manager 760-804-5759 7170 Avenida Encinas Carlsbad, CA 92011 •CURRENT APPLICANT INFORMATION: Name: Ragini Narain Phone: 858-756-1831 Contact name (if different): Address: P. O. Box 1918 Mailing (if different): Rancho Santa Fe, CA 92067 E-mail: (optional) •CURRENT OWNER INFORMATION: Name: TAO, LLC Phone: 310-323-3992 Contact name (if different): Address: 17311 South Main Street Mailing (if different): Gardena, CA 90248 E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? ^ Yes []] No If no, list below the condition(s) and/or plan aspects the project is not in compliance with per resolution number or exhibit. N/A Corrective action(s) to be taken: None Date planner completed follow-up review and confirmed project compliance: lanner Signal\ire 7 / ' Principal Plann Planner Signamre J l ' Principal Planner Signature *Applicant and owner information must be updated for aimual review to be complete. Q:\CED\PLANNING\ADMIN\TEMPLATES\MCUPANNUALREVIEWSHEET 02/1 1 PROJECT REVIEW On March 8, 2004, CUP 99-15 - Chevron Poinsettia Viilage was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all of the conditions of City Council Resolutions No. 4737-4740 and 2002-339, and Planning Commission Resolutions 5295 and 5293, and no further action was taken. ACTiONS/COiVliVIENTS: Signed: 1^AyW<>u^^::^^^^ sj^/^^ c: File Copy Data Entry 1/ PROJECT REVIEW On March 27, 2003, CUP 99-15 - Cilevron Poinsettia Village was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all of the conditions of Resolution No. 4737-4740 and 5295 and no further action was taken. ACTIONS/COMMENTS: Signed: ^'^^^^MA^'-AA^ ,i^^^^Vy\t^-*..Ax^ c: File Copy Data Entry Citv of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION October 21, 2002 K. B. Narain P.O. Box 1918 Rancho Santa Fe, CA 92067 SUBJECT: CUP 99-15(A) - CHEVRON POINSETTIA VILLAGE At the Planning Commission meeting of October 16, 2002, your application was considered. The Commission voted 7-0 to RECOMMENDED APPROVAL. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:BK:mh Enclosed: Planning Commission Resolution No. 5293 c: Donahue Schriber Realty Group, L.P., c/o Deloitte & Touche, LLP, 12925 El Camino Real, San Diego, CA 92130 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us MCUP &^UP ANNUAL REV^gW SHEET INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASENAME: Cannon Court CASE NUMBER(S): CUP 99-15 APPROVING RESO NO(S). PC Reso. #^s 4977,4978 CC Reso. # 2001-2009 PLANNER COMPLETING REVIEW: Barbara Kennedy PROJECT HISTORY Does project have a code complaint history? Q Yes If yes, check those that apply and explain below. I I Code Enforcement Q Police Comments (include corrective actions taken and date compliance obtained): None Conditions: No I I Fire Prevention No alcohol sales in mini-mart w/o an amendment to the CUP. H/ADMIN/TEMPLATE/MCLIPANNUALREVIEWSHEET 03/09 REVIEW INFORMATION Has the permit expired? Q Yes ^ No Permit expires: 5/16/2011 Dateof review: 5/18/2009 Name: John Buza ^ Applicant Q Owner Other If other, state title: •CURRENT APPLICANT INFORMATION: Name: John Buza Phone: 858-395-1908 Contact name (if different): Address: 6005 Hidden Vallev Rs, Ste 290 Carlsbad, CA 92011 Mailing (if different): E-mail: iabuza@jabuza.com (optional) •CURRENT OWNER INFORMATION: Name: West Development Phone: Contact name (if different): c/o Debbie Wall Address: 6005 Hidden Vallev Rd. Ste 290 Carlsbad. CA 92001 Mailing (if different): E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? ^ Yes Q No If no, list below the condition(s) and/or plan aspects the project is not in compliance with per resolution number or exhibit. N/A Corrective action(s) to be taken: None Date planner completed follow-irp review and confirmed project compliance: Plarmer Signature Principal Planner Signature * Applicant and owner information must be updated for annual review to be complete. H/ADMIN/TEMPLATE 03/09 The City of Carlsbad Planning Departmint A REPORT TO THE PLANNING COMMISSION Item No ® P.C. AGENDA OF: March 15, 2000 SUBJECT: Application complete date: November 16, 1999 Project Planner: Barbara Kennedy Project Engineer: Jeremy Riddle I. SDP 82-03(BVCUP 99-I5/CDP 99-35 - CHEVRON POINSETTIA VILLAGE Request for a recommendation of approval for a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Conditional Use Permit and Coastal Development Permit; and approval of a Site Development Plan Amendment, to develop a gas station, car wash, and food mart on a vacant pad within the Poinsettia Village Shopping Center located on the northeast side of Avenida Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City's Coastal Zone, the Commercial/Visitor Serving Overlay Zone, and Local Facilities Management Zone 9. RECOMMENDATION That the Planning Conmiission ADOPT Planning Commission Resolution No. 4737, 4739 and 4740 RECOMMENDING APPROVAL of the Negative Declaration, Mitigation Monitoring and Reporting Program, Conditional Use Permit CUP 99-15, and Coastal Development Permit CDP 99-35; and Resolution No. 4738 APPROVING Site Development Plan Amendment SDP 82-03(B), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a Site Development Plan Amendment and a recommendation of approval from the Planning Commission to the City Council for a Conditional Use Permit and Coastal Development Permit to allow the construction of a gas station, car wash, and food mart on a 1.14 acre pad within the Poinsettia Village Shopping Center in the C-2-Q zone in Local Facilities Management Zone 9. Findings required to approve the Site Development Plan Amendment, Conditional Use Permit, and Coastal Development Pennit can be made, and the project is consistent with the General Plan, the Commercial/Visitor Serving Overlay Zone, relevant LCP policies, and relevant zoning regulations of the Carlsbad Mimicipal Code. III. PROJECT DESCRIPTION AND BACKGROUND The subject site is located within the Poinsettia Village Shopping Center as Pad 5, Lot 11 (Attachment 11). The vacant 1.14 acre site was designated for use as an 8-pump gas station, as shown on the approved site plan, in conjimction with the approval of SDP 82-03(A). Since service bays, a car wash, and food mart were not part of the proposal at that time, a condition was added which prohibited these uses as part of the gas station approval. Furthermore, at that time car washes were not permitted in the C-1 or C-2 zones. Subsequently, in 1988, Zone Code SDP 82-03(B)/CUP 99-S^DP 99-35 - CHEVRON POINSETTll^ILLAGE March 15,2000 Page 2 Amendment ZCA 88-1 was approved which permitted car washes in the C-1 and C-2 zone with approval of a Conditional Use Permit. The applicant is now requesting an amendment to SDP 82-03(A), in conjunction with a Conditional Use Permit, and Coastal Development Permit, to allow a 12 pump gas station, a 2,132 square foot food mart, and an 884 square foot car wash on Pad 5. Service bays are not included in the current proposal and will continue to be prohibited. The site is located southeast of the signalized intersection at Avenida Encinas and the entrance to the Lakeshore Gardens Mobile Home Park. The site is bounded dn the west by Avenida Encinas and the mobile home park; on the north and south by vacant pads; and on the east by a parking lot with the shopping center beyond. Access to the site is via the shopping center entrance road. The site is relatively flat with no significant vegetation, except for omamental landscaping within the front setback area along Avenida Encinas. Grading for the site will consist of minor finish grading resulting in about 50 cubic yards of export. The proposed building pads are at about the same level of the existing graded pad which is 3.5 feet above Avenida Encinas. A view corridor easement is located along the Avenida Encinas frontage of the site to restrict any use which would obstruct visibility from the main entrance of the project. No structures are permitted or proposed within the easement area. The project site utilizes shared parking and access with the shopping center. The site is designed so that users for the gas station pumps or food mart can easily circulate through the site. Originally, four parking spaces were shown (and required) in association with the gas station on Pad 5. The current proposal requires 14 parking spaces based on the new parking requirements of the Commercial/Visitor Serving Overlay Zone. The 14 required parking spaces have been located within the gas station site. The overlay zone does not affect the parking requirements for the existing uses within the shopping center and adequate parking for all existing uses is currently provided. The parking spaces are located in close proximity to the food mart and the air/water and vacuum units. The car wash is located parallel to Avenida Encinas, outside of a required sight distance easement. The car wash stacking lane is designed to accommodate five vehicles without interfering with the site's circulation movements. The buildings and gas station canopy are designed to complement the architecture ofthe existing center. The structures feature a mission tile roof, stucco exteriors, decorative arched elements, pre-cast concrete cornices, and a stucco exterior. The shopping center is currently imdergoing a renovation to repaint the buildings in a new beige/cream tone color scheme with green, mauve, and golden-yellow accent colors at the tower elements; to upgrade the existing landscaping; and to revise the existing sign program. These upgrades received administrative approval by the Planning Department. The proposed beige/cream tones of the Chevron buildings will match the newly approved shopping center color scheme. The proposed Chevron signs will be reviewed as part of the comprehensive revision to the existing sign program, rather than as one of the required elements of the Commercial/Visitor Serving Overlay Zone. The proposed Chevron signs will not result in an increase over the allowable sign area under the existing sign program. A noise wall is required to mitigate potential noises impacts from the blowers at the exiting end of the car wash. The wall has been designed as an extension of the car wash stmcture and features an overhead wooden trellis element. In addition, a 2.5 foot high screen wall is located adjacent to the southerly drive aisle to screen waiting vehicles. Landscape planters are provided aroimd the perimeter of the site and adjacent to the buildings. r^^i SDP 82-03(B)/CUP 99-im:DP 99-35 - CHEVRON POINSETTim^ILLAGE March 15,2000 Page 3 The applicant is proposing that the station/market operate daily from 6 a.m. until 11 p.m. and that the car wash operate daily from 6 a.m. until 8 p.m. However, staff is recommending a condition (Resolution 4739, (Cond #3) to limit the hours for operation of the car wash and fuel delivery. It is expected that the placement of the sound wall will mitigate any potential noise impacts from the car wash. However, staff felt it would be pmdent and in the interest of the residents of the mobile home park to further restrict the hours of operation of the car wash to 7 a.m. until 7 p.m. Monday through Saturday, and 8 a.m. until 6 p.m. on Sunday. In addition, a restriction is included limiting fuel delivery to occur only between the hours of 8 p.m. and 5 a.m. daily. This condition was added based on the potential for a future day care use which may be located on the vacant pad to the south. By limiting delivery of fiiel to hours when children would not be present, the exposure to a potential spill hazard would be greatly reduced. In addition, with the restriction in place, fuel deliveries will primarily occur during off-hours for most of the uses within the shopping center. The proposed project is subject to the following land use plans, policies, programs, and zoning regulations: A. General Plan - T-R/C (Travel-Recreation/Commercial) B. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including: 1. Chapter 21.208 (Commercial/Visitor Serving Overlay Zone) 2. Chapter 21.28 (General Commercial Zone) 3. Chapter 21.42 (Conditional Uses) 4. Chapter 21.06 (Qualified Overiay Zone) C. Site Development Plan SDP 82-03(A) D. Mello I Segment of the Local Coastal Program, Coastal Development Procedures and the Coastal Resource Protection Overiay Zone (Chapter 21.201,21.203, and 21.205) E. Growth Management (Local Facilities Management Zone 9) IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of the regulations/policies utilizing both text and tables. A. General Plan The following Table 1 identifies General Plan goals and objectives relevant to the proposed project and indicates the compliance ofthe proposal. SDP 82-03(B)/CUP 99-1! March 15,2000 Page 4 :DP 99-35 - CHEVRON POINSETTIiTVlLLAGE ^I i TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Land Use Provide for commercial uses which serve the travel and recreation needs of tourists, residents, and employees of business centers and industrial centers. The site was designated as a gas station site with the approval of SDP 82-03(A). The gas station, together with the addition of the car wash and food mart pro- vide a needed service for the surrounding residential and business community and the traveling public. Yes Circulation Provide an adequate circulation infrastmcture concurrent with or prior to the actual demand for such facilities. The traffic impacts ofan 8-pump gas station have been previously evaluated in a traffic study for the Poinsettia Village Shop- ping Center. The proposal for an additional 4-pumps, a car wash, and a food mart will generate an additional 300 ADT which will not impact the levels of service of adjacent road- ways and key intersections directly serving the project to an unacceptable level. All required roadway improvements have been installed with the develop- ment of the shopping center. Yes Noise Control harmful or undesirable sounds through the planning and regulatory process. Sound attenuation meas- ures will be incorporated into the project to ensure that the residential interior noise levels do not exceed the 45 dBA CNEL noise standard in the Lakeshore Gardens Mobile Home Park. Yes The project will conform to all NPDES requirements and best Management Practices. Open Space & Conservation Utilize Best Management Practices for control of storm water and to protect water quality. Yes SDP 82-03(B)/CUP 99- March 15,2000 Page 5 DP 99-35 - CHEVRON POINSETTDrVlLLAGE 1^1 Public Safety Design all structures in accordance with the seismic design standards ofthe UBC and State building requirements. Gasoline station canopy and tanks are designed in conformance with all seismic design standards. Yes B-1/B-2/C Commercial/Visitor Serving Overlay Zone / General Commercial Zone / Site Development Plan SDP 82-03(A) The project site is located in the C-2 (General Commercial Zone) and the CommerciaWisitor Serving Overlay Zone. The project is considered a commercial use and compliance with the Commercial/Visitor-Serving Overlay Zone design and development standards (Chapter 21.208) is required. In addition, the project must comply with the Poinsettia Village development standards such as architectural design, building color, and sign program requirements which are contained in the approving resolutions shown as Attachment 9 (CT 81-6(B)/Reso. 2541 and Attachment 10 (SDP 82-3(A)/Reso. 2542). If the Commission approves the development proposal, new Planning Commission resolution 4738 approving SDP 82-03(B) will supersede Resolution 2542. In addition, all conditions of approval contained in Resolution 2541 shall continue to apply, with the exception of a revision to condition #21 allowing the additional pump stations, car wash, and food mart. The new Commercial/Visitor Serving Overlay Zone standards are more restrictive than the C-2 development standards and parking regulations. The project has been evaluated using the most restrictive standards. Compliance with these standards is summarized in the table below. TABLE 2 - DEVELOPMENT STANDARDS COMPLIANCE SUMMARY TABLE STANDARD REQUIRED PROJECT COMPLIANCE PARKING (CommerciaWisitor Serving Overlay Zone) • 1 spaces per 300 sq. ft. of gross floor area, plus three additional employee parking spaces. (14 spaces) • 14 spaces provided • Required parking for the existing shopping center is unaffected SIGNS (SDP 82-03(A) • Sign program allows .6 SF of sign per building frontage • Signage allowed = 54 SF (based on 901.f. of frontage) • Pricing signage allowed = 16 SF • Freestanding sign maximum height is 4 feet • Signage proposed = 69.5 SF • Freestanding sign is 4 feet max. BUILDING HEIGHT (CommerciaL'Visitor Serving Overlay Zone) • Max. 35 foot building height • Gas Station Canopy: 19'-3" • Food mart 20'-9" • Carwash: 16'-11" SDP 82-03(B)/CUP 99-1! March 15,2000 Page 6 ^DP 99-35 - CHEVRON POINSETTI^TVILLAGE y^i BUILDING SETBACKS (Commercial/Visitor Serving Overlay Zone) • 30 foot pubhc street setback • 10 foot side and rear setback, may be used as circulation aisles for parcels less than 8 acres • 34 foot setback to parking areas from Avenida Encinas • 50 foot or greater setback to structures from Avenida Encinas • Greater than 10 feet to all structures from side and rear property lines; setback areas are utilized as circulation aisles or are landscaped BLDG. MATERL\LS/COLORS (CommerciaWisitor Serving Overlay Zone/SDP 82-03(A) • High quality materials • Primary colors cannot dominate building • Mission tile roofmg/stucco exterior, pre-cast concrete architectural accents • Building design and color is consistent with the revised color scheme approved for the shopping center ARCHITECTURAL STYLE (SDP 82-03(A)) • Architecturally compatible and integrated with SDP 82-03(A) • Proposed architecture incorporates existing architectural theme ofthe center LIGHTING (SDP 82-03(A)) • Exterior lighting shall not cause a glare outside tiie project area. • The project is conditioned to submit a lighting plan for review by the Planning Department to evaluate the proposed exterior lighting and canopy lighting. LANDSCAPING (CommerciaWisitor Serving Overlay Zone) • Freestanding sign landscaping • Parking lot trees at I tree per 6 spaces w/minimum of 50% at 24 inch box sizes • Setback trees at 1 tree per 1000 SF of calculated setback area w/minimum of 50% at 24 inch box sizes • Screening of parking spaces, trash enclosures, etc. • Freestanding sign landscaping will be designed to comply with the Overlay Zone • Parking lot trees: 3 required; 5 provided at 100% 24 inch box sizes • Setback trees: existing trees are located within the front setback area • Screen walls provided to screen queued cars along the Avenida Encinas firontage; trash enclosure not prominently visible from adjacent public streets; roof equipment is screened by the roof parapet SDP 82-03(B)/CUP 99-1 March 15, 2000 Page 7 ft DP 99-35 - CHEVRON POINSETTlJTVILLAGE ftl SEPARATION STANDARDS (CommerciaWisitor Serving Overlay Zone) Permitted only on intersections or "T's" where streets are classified as prime, major, or secondary Only one station permitted at a "T" intersection. Minimum lot size must be 15,000 square feet Street frontage along the non- arterial roadway shall be at least 150 feet No access pennitted on a prime or major arterial No driveway access pennitted within IOO feet ofthe intersection Fuel delivery circulation system must be reviewed on a case-by- case basis Avenida Encinas is a major arterial One station proposed at the "T" intersection Lot size is 1.14 acres Non-arterial street frontage is 204 feet No access proposed or pennitted on Avenida Encinas Driveway access is located over 180 feet from the intersection Fuel delivery circulation system has been reviewed by Engineering and Fire Departments In addition, specific development standards required by Chapter 21.28 apply specifically to car washes. Compliance with these standards is summarized in the following table. TABLE 3 - C-2 ZONE CAR WASH STANDARDS COMPLIANCE STANDARD COMPLIANCE Designed to reduce visual impacts of buildings and waiting cars from the surroimding development and public streets • Car wash is oriented parallel to Avenida Encinas • 30" high screen walls are provided to screen vehicles Structures shall be architecturally compatible with the sunounding development • The buildings and gas station canopy have been designed to be compatible with the shopping center architectural theme Noise analysis may be required • A noise study was prepared and a noise wall is required as a mitigation measure for the car wash • The noise wall is designed as an extension of the car wash and is architecturally compatible with the overall building design Traffic study may be required • A traffic study was prepared for SDP 82-03(A) which approved the gas station site. The additional traffic generated by the proposed car wash and food mart was determined to be insignificant and a new traffic study was not required. Provide adequate parking and circulation on-site • 14 parking spaces are required and provided • A circulation plan has been submitted showing adequate vehicle stacking for the car wash and circulation for fuel delivery trucks and vehicles. Screen waiting cars with a combination of landscaping, fencing and berming • 30" screen wall is located along Avenida Encinas • Existing and new planting will screen vehicles SDP 82-03(B)/CUP 99-1 March 15,2000 Page 8 :DP 99-35 - CHEVRON POINSETTITTVILLAGE [ftl All signs shall comply with the approved sign program • Proposed signs are consistent with the existing Poinsetria Village Sign Program Provide an adequate means of eliminating grease and oils from the drainage system • Developer is required to comply with NPDES standards and Best Management Practices to reduce surface pollutants to an acceptable level prior to discharge into the storm drain. B-3/B-4/B-I Zone Conditional Uses/"Q" Overlay Zone/Commercial/Visitor Serving Overlay A service station and car wash are permitted in the C-2 zone with approval of a conditional use permit. The "Q" Overlay Zone also requires approval of a site development plan, which in this instance will consist of an amendment to SDP 82-03(A), in order to permit the four additional pump stations, food mart, and car wash. Lastly, commercial projects located within the Commercial/Visitor Serving Overlay Zone require approval of a conditional use permit by the City Council. The four findings for both the site development plan amendment and conditional use permit are nearly identical. The required findings with justification for each are summarized in this section. 1. 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. Automobile service stations are permitted in the C-2 zone if developed as part of a community shopping center. The proposed gas station, car wash, and food mart are proposed on a vacant pad within the Poinsettia Village Shopping Center. The project is consistent with the General Plan designation in that the Travel Recreation/Commercial land use designation ensures that commercial service uses will be accessible to both the surrounding community and the fraveling public. The project will not be detrimental to existing uses or to uses specifically permitted in the area in that a sound wall is incorporated into the project to mitigate any potential noise impacts; the hours of operation for the car wash and fueling operations will be restricted and enforced through the conditional use pennit to minimize the impact of the project on both the existing surrounding uses and the anticipated uses on the adjacent vacant pads; the site has been designed to minimize potential traffic circulation system conflicts; visual impacts are reduced through landscaping and screen walls; and, the architectural style is compatible with the existing shopping center. 2. That the site for the intended use is adequate in size and shape to accommodate the use. The 1.14 acre site is adequate in size and shape to accommodate the use in that the site design enables unobstructed onsite circulation, fuel delivery circulation, and car wash queuing. Parking spaces are conveniently provided in close proximity to the retail area and self-service units, and all necessary landscaped setbacks, circulation aisles, and parking areas have been provided. The primary access point, located over 180 feet from the intersection of Avenida Encinas and the enfrance driveway, provides a safe point of ingress and egress in accordance with City standards. SDP 82-03(B)/CUP 99-1 March 15,2000 Page 9 :DP 99-35 - CHEVRON POINSETTI?R^ILLAGE m I 3. 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. Design features necessary to ensure compatibility with the surrounding development have been incorporated into the project. For example, the architectural style, color and materials of the buildings are designed to complement the existing shopping center, a noise wall will be provided to mitigate potential noise impacts from the car wash, screen walls and lemdscaping are provided to screen views of vehicles, and the project complies with all of the development standards and parking requirements ofthe Commercial/Visitor Serving Overlay Zone and C-2 zone. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The fraffic impacts of the proposed gas station were previously evaluated in a traffic study prepared for the Poinsettia Village Shopping Center (SDP 82-03(A)). The previous approval estimated that 1560 ADT would be generated by an 8-pump gas station. The proposed addition of 4 pump stations, a car wash, and a food mart will generate an additional 300 ADT which will not impact the levels of service of the surrounding roadways and key intersections to an unacceptable level. The existing street system is adequate to properly handle the 1860 ADT generated by the development proposal. In addition to the required findings, specific development standards required by Chapter 21.42 apply specifically to service stations. Compliance with these standards is summarized in the following table. TABLE 4 - SERVICE STATION STANDARDS COMPLIANCE STANDARD COMPLIANCE Located Within Community Shopping Center Yes Signage Conforms to Sign Ordinance Standards Requires an amendment to the existing sign program for Poinsettia Village Shielded Lighting Lighting Plan Required No Outdoor Storage Conditioned to prohibit outdoor storage Trash Enclosure Yes 6 foot masonry wall separating residentially zoned property Not applicable Minimum 6-foot perimeter planters and planters adjacent to stmcture Yes 6-inch concrete curb bounding planters Yes Combination of flowers, shrubs and trees Yes Sprinkler system which covers all landscaped areas Required with Landscape Plan submittal. Delineate maintenance schedule and responsibility for landscapes areas Required with Landscape Plan submittal. SDP 82-03(B)/CUP 99-P March 15,2000 Page 10 :DP 99-35 - CHEVRON POINSETTDTVILLAGE D. Mello I Segment of the Local Coastal Program The project, as proposed, is consistent with all development and resource preservation policies of the Mello I Local Coastal Program and its implementing ordinances, Chapters 21.201, 21.203 and 21.205 ofthe Carlsbad Municipal Code. The property carries the same commercial/tourist land use designation as the City's General Plan and zoning. Therefore, the proposed use is allowed upon approval of a coastal development permit pursuant to Chapter 21.201. The intent of the Coastal Resource Protection Overlay and Mello I LCP Segment policies and zoning (Chapters 21.203 and 21.205) are to provide additional protective regulations. The proposed development is located on a previously graded pad within an existing shopping center; and no steep slopes or natural vegetation exist on site. The appHcable regulations of Chapter 21.203 and 21.205 focus on deterring soil erosion and sedimentation through the provision of adequate drainage facilities and for insuring protection of the Batiquitos Lagoon watershed. The site has been previously graded and a grading permit is not required for the finish grading associated with the development proposal. However, the project is conditioned to comply with the City's erosion confrol standards during site preparation and project constmction. Surface runoff from the development will be collected and conveyed by an existing private storm drain lateral onsite. There is a separate collection system to collect and contain fiiel spills within the canopy area. The project is required to provide drainage area fees under the City's Master Drainage Plan. The developer is also required to comply with NPDES standards and Best Management Practices to reduce surface pollutants to an acceptable level prior to discharge into the storm drain. £. Growth Management 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 the table below. TABLE 5 - GROWTH MANAGEMENT STANDARD IMPACTS COMPLLiVNCE? City Administration Not Applicable Yes Library Not Applicable Yes Waste Water Treatment 1.2 EDU Yes Parks Not Applicable Yes Drainage Batiquitos Watershed Yes Circulation 1860 ADT Yes Fire Station No. 2 and 4 Yes Open Space Not Applicable N/A Schools Not Applicable N/A Sewer Collection System 1.2 EDU Yes Water 264 GPD Yes -ftDP 99-35 - CHEVRON POINSETTlfti SDP 82-03(B)/CUP 99-m:DP 99-35 - CHEVRON POINSETTI^ILLAGE March 15,2000 Page 11 V. ENVIRONMENTAL REVIEW The initial study (ELA-Part II) prepared in conjunction with this project determined that the project would not have a significant impact on the environment. The project site is part of the Poinsettia Village Shopping Center (SDP 82-03(A)) and was specified for development as a gas station with 8 pump stations. The site was analyzed in a traffic study prepared in September 1985 by Len Schatzmann, P.E. Subsequently, Urban Systems reviewed the proposed addition of 4 pumps, a car wash, and a food mart to determine if an updated traffic analysis would be required due to changes in anticipated traffic. The report stated that an additional 300 trips would be generated by the proposal. Based on the Regional Traffic Impact Study Guidelines, this small increase in traffic was not significant enough to warrant a new traffic study for the proposed project. The proposed project will generate a total of 1,860 ADT. The project falls within the scope of the City's MEIR for the City of Carlsbad General Plan Update (EIR 93-01) certified in September, 1994, in which a Statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right tum lanes - northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing mitigation to a level of insignificance. Compliance with the Califomia Health and Safety Code and Rule 20 of the Air Pollution Control District Rules and Regulations as stated in the required regulatory permits for the constmction and operation of a gasoline dispensing facility will reduce the risk of explosion and release of hazardous substances to a level of insignificance. Engineering and Fire Department review of the project will ensure that typical safety features and provisions are designed into the project. A noise assessment was prepared for the project to analyze the noise level forecast for the car wash and its impacts on the nearby sensitive land uses. Residences within the Lakeshore Gardens Mobile Home Park will be exposed to noise from the car wash operation, including the dryer/blower and vacuum, during the proposed hours of operation. In order to reduce these noise levels below a level of significance, a 9 foot high barrier (sound wall) will need to extend 15 feet out from the south end of the car wash. With the noise barrier in place, residences directly to the south of the car wash exit opening will experience worse case exterior noise levels of 52 dBA, which is below the City's 55 dBA exterior noise standard. Interior noise levels are not expected to exceed a worse case of 40 dBA (in a windows open condition) which is below the City's 45 CNEL interior noise standard. The noise wall will be located outside of the front setback area, and outside of the sight distance easement. The wall has been designed so that it is architecturally compatible with the design of the car wash in that it appears as an architectural extension of the building and vines will be planted against the wall face. In consideration of the foregoing, on Febmary 4, 2000, the Planning Director issued a Mitigated Negative Declaration for the proposed project. The environmental document was noticed in the SDP 82-03(B)/CUP 99-ftDP 99-35 - CHEVRON POINSETTft^ILLAGE March 15,2000 Page 12 newspaper and no public coinments were received during the 30 day public review and comment period. ATTACHMENTS: 1. Planning Coinmission Resolution No. 4737 (Mitigated Neg. Dec.) 2. Planning Commission Resolution No. 4738 (SDP) 3. Planning Commission Resolution No. 4739 (CUP) 4. Planning Commission Resolution No. 4740 (CDP) 5. Location Map 6. Disclosure Form 7. Background Data Sheet 8. Local Facilities Impact Form 9. Planning Commission Resolution No. 2541(CT 81-6(B)/PUD-94) 10. Planning Commission Resolution No. 2542 (SDP 82-3(A)) 11. SDP 82-03(A) Site Plan 12. Reduced Exhibits "A"-"L", dated March 15,2000 BK:cs:mh CHEVRON POINSETTIA VILLAGE SDP 82-03(B)/CUP 99-15/CDP 99-35 t::itv of C&rlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of cenain ownership interests on ali appiications vvhich wiii require; discretionarv. action on the pan ofthe City Council or any appointed Board. Commission or Comminee. | The foiiowing informaiion MUST be disciosed at the time of application subminal. Your proiect cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "'Any individuai. firm, co-partnership, joint venture, associaiion. social club, fratemal organization, corporation, estate, trust, receiver, syndicate, in this and any other countN', cit\- and counn.-. cirv municipalir.-, districi or other poHticai 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 propeny owner must be provided beiow. 1. .APPLICANT fNot the applicant's agent) Provide the COMPLETE. LEG.A.L names and addresses of ALL persons having a financiai interesl in the appiication. If the applicant includes a corporation or oannership. inciude the names, titie. addresses of ail individuals owning more than 10% of the shares. IF NO INDIVIDUALS 0\V•^• MORE TRAN 10% OF THE SRARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SP.ACE BELOW. If a publiclv-owned corporation, inciude the names, titles, and addresses of the corporate officers. (A separate page may be anached if necessan..) Person Title K.B. Narain Corp/Pan. Title Ragini Narain P.O. Box 1918 Address Rancho Santa Fe, CA 92067 P.O. Box 1918 Address, Rancho Santa Fe, CA 92067 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of .KLL 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, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OV-Ts' 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 anached if necessar\.) Person N / A (tb -.AAVHUU o^Mlf-K iQ'^o) Co?p7Pan Donahue Schriber Realty Title Title Group; L.P. Address Address ^^^^ Jamboree Road #301 Newport Beach, CA 92660 2075 Las Palmas Dr. • Carlsbacl. CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® ?^itv of cSrIsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which w ill require discretionary action on the pan of the City Council or any appointed Board. Commission or Comminee. The following infonnation 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, fratemal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, cit>' and countv-, citv 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. I. 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, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corooration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessan.'.) Person see previous sheet Corp/Part Title Title Address Address 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, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS 0>\TM MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, inciude the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 'i^''V'JiiA\ owv>^ [O'M Corp/Part Poinsettia Associates, A Calitornia General Partnershi] Title Title c/o Jane Murtha Address Address P.O. Box 410735 St. Louis, Missouri 63151 (owns 3%) 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^ NON-PROFIT Q^ANIZATION OR TRUST If any person idei^Hed pursuant to (1) or (2) above is a nonprofit organization or a trust, lis; tiu names and addresses of AN^' person ser\'ing as an officer or director of the non-proiV, organization or as tmstee or beneficiar>' of the. N/A Non Profit/Trust Title Non Profit/Trust_ Title Address Address Have you had more than $250 worth of business transacted with an\ member of Cit\ staff. Boards. Commissions, Committees and/or Council within the past twelve (12) months? [ I Yes [x] No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant s agent if applicable/date Print or type name of owner/applicant's agent VilAS i VNJO' H:ADMIN\C0UNTER\D1SCL0SURE STATEMENT 5/98 Page 2 of 2 CASE NO: BACKGROUND DATA SHEET' SDP 82-Q3B/CUP 99-15/CDP 99-35 CASE NAME: Chevron Poinsettia Village APPLICANT: K. B. Narain REQUEST AND LOCATION: Development of a service station, car wash, and a 2.100 square foot food mart on a pre-graded in-fill lot located within the Poinsettia Village Shopping Center on the northeast side of Avenida Encinas, south of Poinsettia Lane. LEGAL DESCRIPTION: Parcel 11 of Parcel Map No. 15187, in the Citv of Carlsbad. Countv of San Diego. State of Califomia. filed in the Office ofthe Countv Recorder of San Diego Countv. March 28. 1988. Recorder's File No. 88-140044 APN: 214-430-23 Acres: U4 Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Land Use Designation: T-R/C (Travel-Recreation Commercial/Community Commercial Density Allowed: N/A Density Proposed: N/A Existing Zone: C-2-0 - General Commercial -0 Overlav Zone Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for infonnation on Carlsbad's Zoning Requirements) Site North South East West Zoning C-2-Q Land Use Vacant C-2-Q Vacant C-2-Q Vacant C-2-Q Poinsettia Village Shopping Center RMHP Lakeshore Gardens Mobile Home Park PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): L2 ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued Febmarv 4. 2000 I I Certified Environmental Impact Report, dated , O Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Chevron Poinsettia Village SDP 82-03B/CUP 99-15/CDP 99-35 LOCAL FACILITY MANAGEMENT ZONE: 9 GENERAL PLAN: T-R/C ZONING: C-2-0 DEVELOPER'S NAME: K. B. Narain ADDRESS: P.O.Box 1918 Rancho Santa Fe. CA 92067 PHONE NO.: 619-756-1831 ASSESSOR'S PARCEL NO.: 214-430-23 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 1.14 acres ESTIMATED COMPLETION DATE:__ A. City Adminisfrative Facilities: Demand in Square Footage = B. Library: Demand in Square Footage = C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = H. Open Space: Acreage Provided = I. Schools: J. Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = Not Applicable Not Applicable 1.2 EDU Not Apphcable Not Applicable Batiquitos Watershed 1860 ADT = Stations 2 and 4 Not Applicable Not Applicable 1.2 EDU Not Applicable 264 GPD 1 PLANNING COMMISSION RESOLUTION NO. 2541 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDED TENTATIVE TRACT 3 MAP AND A NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF 4 POINSETTIA LANE AND AVENIDA ENCINAS. APPLICANT: POINSETTIA VILLAGE 5 CASE NO; CT 81-6(B)/PUD-94 6 WHEREAS, a verified application for certain property to 7 wit: Portions of Sections 28 and 29, Township 12 South, Range 8 4 West, San Bernardino Meridian, 9 has been filed with the City of Carlsbad, and referred to the 10 Planning Commission; and 11 WHEREAS, said verified application constitutes a request 12 as provided by Title 21 of the Carlsbad Municipal Code; and 13 WHEREAS, the Planning Commission did, on the 26th day of 14 March, 1986, hold a duly noticed public hearing as prescribed by 15 law to consider said request; and 16 WHEREAS, at said public hearing, upon hearing and 17 considering all testimony and arguments, if any, of all persons 18 desiring to be heard, said Coinmission considered all factors 19 I relating to the Tentative Tract Map and Planned Unit Development. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission as follows: 22 A) That the above recitations are true and correct. 23 B) That based on the evidence presented at the public hearing, the Commission hereby APPROVES CT 81-6(B)/PUD-94, based on 24 the following findings and subject to the following conditions: 25 " 26 , 1) The project is consistent with the City's General Plan since 27 the proposed commercial development is consistent with the Community Commercial designation as indicated on the Land Use 28 Element of the General Plan. Findings; 27 2) The applicant is by condition, required to pay any increase iq 1 public facility fee, or new construction tax or development i fees, and has agreed to abide by any additional requirements | 2 established by a development management or public facility j program ultimately adopted by the City of Carlsbad. This'will 3 ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 4 3) The site is physically suitable for the type and intensity of 5 the development since the site is adequate in size and shape t|o accommodate commercial development as conditioned at the g intensity proposed. 7 4) The project is consistent with all City public facility pol- icies and ordinances since: 8 a) The Planning Commission has, by inclusion of an appropriat( 9 condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer IQ service is available to serve the project. In addition, the Planning Commission has added a condition that a note 21 shall be placed on the final map that building permits may not be issued for the project unless the City Engineer 12 determines that sewer service is available, and building cannot occur within the project unless sewer service 13 remains available, and the Planning Coinmission is satisfied that the requirements of the Public Facilities Element of 24 the General Plan have been met insofar as they apply to sewer service for this project. 15 b) All necessary public improvements have been provided or 25 will be required as conditions of approval. 27 c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fe4 28 Performance of that contract and payment of the fee will enable this body to find that public facilities will be 29 available concurrent with need as required by the General Plan. 20 d) Assurances have been given that adequate sewer for the 22 project will be provided by the City of Carlsbad, 22 5) This project will not cause any significant environmental impacts and has undergone previous environmental review, 23 therefore the the Planning Director has issued a Notice of Prior Compliance on February 1, 1986 and approved by the 24 Planning Coinmission on February 26, 1986. 25 6) The additional mitigating measures added to the circulation system as discussed in the staff report will ensure safe 25 access to and from the project. Conditions: 28 1) The approval shall supercede and replace all approvals and conditions in Resolution No, 2180 (CT 81-6(A)). PC RESO NO. 2541 2 1 2) Approval is granted for CT 81-6(B)/PUD-94, as shown on Exhibits "A" - "C" dated March 18, 1986 and "D" - "R" dated 2 February 6, 1986, incorporated by reference and on file in the Planning Department. Development shall occur 3 substantially as shown unless otherwise noted in these conditions. 4 3) This project is approved upon the express condition that the 5 final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is 6 available to serve the subdivision. 7 4) This project is approved upon the express condition that building permits will not be issued for development of the 8 subject property imless the City Engineer determines that sewer facilities are available at the time of application 9 for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the 10 final map. 11 5) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by 12 City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, 13 and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated October 14 7, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, 15 this application will not be consistent with the General Plan and approval for this project shall be void. 16 6) Approval of this request shall not excuse compliance with 17 all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 18 permit issuance. 19 7) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the 20 Costa Real Water District, dated May 25, 1983. 21 8) The applicant shall establish an owners association and corresponding covenants, conditions and restrictions. Said 22 CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. 23 9) A 500' scale map of the subdivision shall be submitted to 24 the Planning Director prior to the recordation of tJie final map. Said map shall show all lots and streets within and 25 adjacent to the project. 26 10) All landscaped areas shall be maintained by the owner/developer in a healthy and thriving condition, free 27 from weeds, trash, and debris. 28 //// PC RESO NO. 2541 ' 3 2 11) All parking lot trees shall be a minimum of 15 gallons in size. 2 12) Areas adjacent to Avenida Encinas shall be have undulated 3 berms and heavy landscaping to provide a screen for automobiles parked at the shopping center. 4 13) A specific sign program for this development shall be 5 designed in conformance with the sign program originally approved for this site (SDP 82-3) and shall require 6 approval of the Planning Director prior to approval of the final map. All signs proposed for this project shall 7 comply with the approved sign program and shall require review and approval of the Planning Director prior to 8 installation of such signs, 9 14) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. 20 Location of said receptacles shall be approved by the Planning Director. 11 15) All roof appurtenances, including air conditioners, shall be 12 architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, 13 pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 14 16) Buildings shall be constructed in such a manner to support 15 any roof loads necessary to provide adequate screening and shielding of roof appurtenances. 16 17) Exterior lighting shall be a type so as not to make visible 17 a direct light source or cause glare outside the project area. Proposed light fixtures shall be subject to review to 18 assure compatibility with the architectural scheme of the total development. 19 I 18) The project shall provide bus stop facilities at locations 20 subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, 21 free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to 22 not detract from the basic architectural theme of the project and said design shall be subject to the approval of 23 the Planning Director and North County Transit District, 24 19) Approval of Tentative Tract No. CT 81-6(B) is granted subject to approval of Non-residential Planned Unit 25 Development No. 94 and Site Development Plan No. 82-3(A). 26 20) Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible 27 from the street or access road; color of identification and/or addresses shall contrast to their background color. 28 PC RESO NO, 2541 4 ^ 21) Pad #1, as shown on Exhibit "B", dated March 18, 1986, shall be utilized for office, banks, and savings and loan institute uses only. This pad may be utilized for retail uses if the drive-thru is eliminated and approval is granted ^ by the Planning Director. Pads #2 and #3 may be utilized for drive-thru restaurants. Pads #4 and #6 may be utilized for a restaurant use without a drive-thru facility, or office, or retail commercial use subject to approval of the Planning Director. Pad #5 may be utilized for six gasoline pumps, a cashier's booth, and a small office/supply area. ° Service bays, car wash facilities and mini-marts are ^ specifically prohibited as a part of this approval. g 22) Buildings 1-6 shall be designed to be architecturally compatible and intregrated with SDP 82-3(A). Building design - and landscaping for these structures shall be approved by the Planning Director and presented to the Planning Commission as an information item. 23) All compact stalls shall have a mininimum dimension of 8' x •^•^ 15' 12 13 14 24) Before obtaining a final map or building permits, whichever occurs first, the applicant shall: (a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established by the City Council prior to July 20, 1986; (b) agree to abide ,e by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition complies with City Council Ordinance No. 9791. 16 17 18 19 20 21 Engineering Conditions; 22 23 24 25 26 27 28 25) The applicant shall provide four additional parking spaces or reduce the gross building square footage by 8 00 square feet. 26) Approval of SDP 82-3(A) shall run concurrently with the approval of CT 81-6(B)/PUD-94. 27) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 28) The grading for this project is defined as "controlled grad- ing" by Section 11,06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. //// PC RESO NO. 2541 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29) Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grad- ing. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a per- manent record. 30) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. 31) A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 32) All slopes within this project shall be no steeper than 2:1, 33) Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 34) The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer, The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer, The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 35) The applicant shall hydroseed all vacant lots and slopes with an approved seed mix, as approved by the Planning Director, This seed mix, and application note shall be placed on the approved grading plan, //// PC RESO NO, 2541 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36) Additional drainage easements and drainage structures shall be provided or installed as may be required by the the City Engineer. Prior to approval of final map, the applicant shall receive approval to the satisfaction of the City Engineer of relocation of storm drain and abandonment of easements across Lot 1 and Lot 2 of this project. 37) The developer shall pay the current local drainage area fee prior to issuance of any grading or building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. 38) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project. 39) Prior to final map approval, the applicant shall apply for and receive approval of a street vacation of Loganberry Drive, This access shall be realigned, including sewer, water, drainage, etc, to a private access to be maintained by the property owners in perpetuity, A note delineating this responsibility (maintenance) shall be placed on the final map. 40) Prior to final map approval a reciprocal access, parking and drainage easement shall be established across all lots in the subdivision. 41) Should the applicant not receive approval of a street vacation of Loganberry Drive, or the storm drain relocation, this plan shall be revised to incorporate the public street into this design and shall return to the governing body for approval of an amendment to this plan. 42) The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Site Development Plan. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 43) Prior to final map approval, the applicant shall establish a view corridor easement to restrict any use which would obstruct visibility from the main entrance to this project (across from the Lake Shore Gardens Mobile Home Park) to the most southerly access of this project, as shown on Exhibit "A" and approved by the City Engineer, //// PC RESO NO. 2541 7 2 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44) Direct access rights for all lots abutting Avenida Encinas, except the existing points of access as shown on Exhibit "A" shall be waived on the final map, 15) Lots 8, 9 and 11 shall take access from the specific openings shown on the tentative map for this project. (250' northerly from centeriine of Avenida Encinas.) 46) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: A) Private access roadway, parking lot, and drive, B) Sewer, water, storm drainage system (including relocation) to serve this project, C) Public improvements along the project frontage of Avenida Encinas (secondary arterial standards) including widening, relocation of curb, gutter and sidewalk, drainage inlets and utilities and replacement of damaged improvements as required by the City Engineer. D) Traffic signals including but not limited to Poinsettia Lane and Avenida Encinas and the entrances to this development as required by the City Engineer. E) Adequate warning signs and lights, a dedicated view corridor, and acceleration/deceleration lanes and restricted median design. All to provide maximum safe entrance to and exit from this site, and the Poinsettia Village Mobile Home Park, 47) The main entrance to this project (across from the main entrance to Lakeshore Gardens) shall be 48 feet wide, curb to curb. Design of this entrance shall be approved by the City Engineer. 48) The left turn pocket into the raain entrance shall be reconstructed to increase capacity, as required by the City Engineer. 49) The northerly entrance to this project shall be right turn in/right turn out when the City Engineer determines that a hazard to vehicles on Avenida Encina exists, (A note to this effect shall be placed on the final map,) The applicant shall design and post necessary security to guarantee reconstruction of the median to prohibit left turns into this site. When the City Engineer determines the median shall be closed, a full median shall be constructed, PC RESO NO, 2541 8 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 50) The interim left turn entrance (northerly entrance) shall be designed to allow only left turns into this site, as shown on exhibit B dated March 21, 1986, as approved by the City Engineer, 51) Reimbursement agreements shall be available for the traffic signal at Poinsettia Lane and Avenida Encinas. The developer's portion of this signal shall not exceed 25%. 52) Improvements listed above shall be constructed within 12 approval, whichever occurs first. 53) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. 54) The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT, at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project. 55) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. 56) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards, The trees shall be of a variety selected from the approved Street Tree List, 57) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Stan- dards prior to occupancy of any buildings, 58) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings, 59) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. PC'^RESO NO. 2541 9 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50) The design of all private streets and drainage systems shall be approved by the City Engineer prior to issuance of any grading or building permit for this project. The desiqn of all private streets shall conform to City of Carlsbad standards of public streets. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project, 51) The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision, 52) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17,04.040, Carlsbad Municipal Code. 53) The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units, 54) The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Engineer, 55) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards, //// //// //// PC RESO NO, 2541 10 2 I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a 2 review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. 3 (Name, Address and Telephone of Engineering firm) 4 Firm: 5 Address; 5 City, St,: 7 Telephone: R,C.E, NO, # 8 BY . Date: (Name of Engineer) 9" 10 66) The developer shall provide the City with a reproducible 11 mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of 12 approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. 13 67) Approval of this tentative tract map shall expire twenty- 14 four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the 15 applicant. Said extension shall be approved or denied at the discretion of the City Council, In approving an 16 extension, the City Council may impose new conditions and may revise existing conditions, 17 68) Pursuant to the provisions of Section 20,20,050(1) of the 18 Carlsbad Municipal Code, a parcel map may be filed in lieu of a final map. Whenever reference is made in these 19 conditions to a final map, the reference shall apply also to a parcel map filed in lieu thereof, 20 69) Prior to approval of improvement or grading plans for this 21 development, the developer shall obtain specific inspection of existing sewer, water, and storm drain facilities, 22 Repair and or replacement shall be provided as required by the Public Works Inspector, or agency of service. 23 24 Fire Department 70) Prior to the issuance of building permits, complete building 25 plans shall be submitted to and approved by the Fire Department. 26 71) Additional public and/or onsite fire hydrants shall be 27 provided if deemed necessary by the Fire Marshal. 28 PC RESO NO. 2541 11 72) The applicant shall submit two (2) copies of a site plan 1 showing locations of existing and proposed fire hydrants and ^ onsite roads and drives to the Fire Marshal for approval 73) An all-weather access road shall be maintained throughout 3 construction, 4 74) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials 5 being located on the project site, 6 75) Fire retardant roofs shall be required on all structures. 7 76) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent 8 to the project shall be submitted to the Fire Department for ^ approval prior to construction. 77) Building exceeding 10,000 sq.ft. aggregate floor area shall 10 be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft, 11 (or less) areas, 12 78) Prior to issuance of building permits, the developer shall provide the Fire Department with a 500' scale map showing 13 streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block, 15 Parks and Recreation 79) The following sizes of trees shall be planted along the 1^ Interstate 5 frontage: 1''' 30% 15 gallon Eucalyptus (species) 70% 5 gallon Eucalyptus (species) 19 20 21 22 23 24 25 26 27 28 80) The following sizes of trees shall be planted along the Avenida Encinas frontage: 50% 24" box Melaleuca Leucadendra 50% 36" box Melaleuca Leucadendra 15' high Arecastrum Romanzoffianum //// //// //// //// //// //// PC RESO NO, 2541 12 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, California, held on the 26th day of March, 1986, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Smith and Holmes. NOES: Commissioner Hall. ABSENT: None. ATTEST: MICHAEL J. H0IrS5t1ILLER_J PLANNING DIRECTOR ABSTAIN: None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION PC RESO NO. 2541 13 ^ PLANNING COMMISSION RESOLUTION NO. 2542 2 10 15 16 17 18 19 20 21 22 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO SITE DEVELOPMENT PLAN NO. 82-3, TO CONSTRUCT A COMMERCIAL SHOPPING CENTER ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF POINSETTIA LANE AND AVENDIA ENCINAS. APPLICANT: POINSETTIA VILLAGE CASE NO: SDP 82-3(A) 3 4 5 6 ^ WHEREAS, a verified application has been filed with the g City of Carlsbad, and referred to the Planning Commission; and g WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal ^2 Code, the Planning Coinmission on the 26th day of March, 1986, ^2 considered said request on property described as: 14 Portions of Sections 28 and 29, Township 12 South, Range 4 West, San Bernardino Meridian. WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Coinmission considered all factors relating to Site Development Plan No. 82-3(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Coinmission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the hearing, the g, Coinmission APPROVES SDP 82-3(A), based on the following findings and subject to the following conditions: Findings: 1) The project is consistent with the City's General Plan since the proposed commercial development is consistent with the community commercial designation as indicated on the Land Use Element of the General Plan. 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape ^ to accommodate commercial development at the density proposed. 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 3) The project is consistent with all City public facility pol- icies and ordinances since: ^ a) The Planning Commission has, by inclusion of an appropriate condition to this project, has ensured that ° building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or will be required as conditions of approval. c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. d) Assurances have been given that adequate sewer for the 1" project will be provided by the City of Carlsbad. 4) This project will not cause any significant environmental impacts and has undergone previous environmental review, therefore the the Planning Director has issued a Notice of Prior Compliance on February 1, 1986 and approved by the Planning Coinmission on February 26, 1986. 5) The applicant is by condition, required to pay any increase ir public facility fee, or new construction tax or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This wil] ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 6) The additional mitigating measures added to the circulation system as discussed in the staff report will ensure safe access to and from the project. //// /./// PC RESO NO. 2542 -2- Conditions; 1 1) Approval is granted for SDP 82-3(A), as shown on Exhibits 2 "A" - "C", dated March 18, 1986, and Exhibits "D" - "R" dated February 6, 1986 incorporated by reference and on file 3 in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these 4 conditions. 5 2) This project is approved upon the express condition that building permits will not be issued for development of the 6 subject property unless the City Engineer determines that sewer facilities are available at the time of application ' for such sewer permits and will continue to be available until time of occupancy, 8 3) This project is approved upon the express condition that the 9 applicant shall pay a public facilities fee as required by City Council Policy No, 17, dated April 2, 1982, on file 10 with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for 11 payment of said fee, a copy of that agreement, dated October 7, 1982, is on file with the City Clerk and 12 incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with 13 the General Plan and approval for this project shall be void. 14 4) Approval of Site Developraent Plan No. 82-3(A) is granted 1° subject to approval of Tentative Tract Map No. 81-6(B). 16 17 20 24 25 26 27 28 5) Site Development Plan No, 82-3(A) is subject to all of the conditions of approval of CT 81-6(B). 6) Before obtaining a final map or building permits, whichever 18 occurs first, the applicant shall: (a) agree to pay any increase in the public facilities fee or additional tax on 1^ new construction and/or new development fees established by the City Council prior to July 20, 1986; (b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ^1 ultimately adopted by the City of Carlsbad, This condition complies with City Council Ordinance No, 9791, 7) Approval of SDP 82-3(A) shall run concurrent with the 23 approval of CT 81-6(B)/PUD-94, //// //// //// //// PC RESO NO, 2542 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 MICHAEL J, liO'LZMItrijfiR PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 26th day of March, 1986, by the following vote, to wit: AYES: NOES: ABSENT: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Smith and Holmes. Commissioner Hall. None. ABSTAIN: None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. liQlLZMIl PLANNING DIRECTOR PC RESO NO, 2542 -4- f2)foinn^vn©a Hdmes & Reynolds Deudofjmeni Ca />J?CHrTECT5 CUP M-15 CDP-»»-35 SDP-»2-03(B) Chevron SHEET INDEX DC SCRIPT ION 1 tru Mft Ml t 1 'LCW run 4 • • ogi wdH run • lifoiM * •-1 l-l PMrtcm oftuM VIC *Mt Chevron POINSEniA VILLAGE CHEVRON Q Chwron AvffMOA ENCHA9 irONKTTIA IM€ CALrO»«A 'i§^im TrtLE SHEET -- CUP M-IS COP t»-15 JDP ez-o}(i) VICINITr MAP SITE DATA tt* MM tMUM: m. <o. n. LEGAL DESCRIPTION BENCHMARK Mfl fW MMM Ml or MM WW <M VM MM rattw* iMtKfCw « • BASIS OF BEARINGS mmm% ti«M **m»m m MID i^oa ** aNKIM • ^(M* INCMt MM MMMWl M-I4MM. &K«M « M» MM num. 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OR ACCURACT OAMMC 9rm.t- %• • KT iMOalMIT HOTCt l««tM 4tlV*'1' •* C*MMMII 'wiM M nrMM m» M MM pM* B« MM tft l«MM«> CM UMHIMM IMM* MM lou net t-M»-4n-«os ', •""•ir 1 tf— 9 Chevron PRLCrSC CRADiNC PlAN Ik mum-Ma IM rr*4 PI-Ml ami a«/av«M* AREA TO BE PLANTED AND IRRIGATED BY MASTER ASSOCIATION KftAPHIC SCAIE CuP 99-IS CDP 99-35 SOP 92-03(9) REA TO BE PLANTED AND IRRIGATED iY,,MASTER ASSOCIATION VICINITY MAP SITE DATA M IOMI rJffiMt: i.)H U n J< i« Mi\ k(« Mw«t lOaiMI i.'U aa ri CM »»• lauM rovuM aa n, f*aofi naM raoiAtf ». n. LMBMOMMC fOMW rovMl tirai lo n iM CQ^tMl RjaUa^ - til ««M-1 - •» itf«cc*fwe - ua taMM MoiMia aav-UD •MBtiAme t 1 ciMiMa t* 11 (MSIN: uMutt r«Mvaa IMM vft »A timeVfM aMi u«on^M«Mi aMA. iM- i^iet} iXtM Mt n AiMtva^i PH/KK 4 JlA-IM-lt o W91MA uMon* MflpaMftM fdMAA IMtLCM' fMMOaiA JMWW tMIMftJWiM Vl.t M M.1 iMiwr*fliua«eM (M. Ml PiMOB MMM rOMtf H< r RCr HUM <uaMHn«M«MM«RicMir« Kicnrcr UMMM UMtKMt MMt. au nMaM MM »MU m i>Ma*atii wr CMCM 8 Chevron AvEMiOA EMCruS aTOWSeiriAlAf* CAI«.4eAI> CACPOM«A i>M N racMiiiji MIM rsS- PLAmNG FLAN INTERSTATE 5 m CTAUJ HOT IIIB I Ul SUMMARY TOTAL BUILDING AREA itTMl SF PARKING TOTAL MXKINO JtEQl/fRED SHOrHNO CENTER , l/JOO OFFICE BLDO. , I/2M OAS STATION • UXO . ] TOTAL SEQUIItCD TOTAL FAKKING FKOVIDED EXISTING srACtstvAii. MOT rrmimo ammmcBmrnanmitm mSTALLS Jl STALLS 14 STALLS mu amm nis Aimmiui ns STALLS UW$ tt im tetal LAND AREA LAND AIIEA S ICUEVtONI LOT I (OFFICE BLDO.) TOTAL : s-1 Poinsettia Village Donahue Schriber Realty Group LP. 3501 Jamboree Road. Suile JOO, Souifi Tower Newport Beach, California 92660 Phone 949.tS4.2IO0 Fax 949154 4251 • Poinsellia Village Sile Plan DoniAue Schriber Really Croup LP. Donahue Schriber Realty Group LP. 3501 Jamboree Road. Suile JOO, Souifi Tower Newport Beach, California 92660 Phone 949.tS4.2IO0 Fax 949154 4251