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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 I I / I I I ' ' I I I ' / 3 I I I ' I ' EXISTING BUILDING p / I I EXISTING BUILDING A I 2 EXISTING BUILDING B ----- RESTRIPE H.C. AND STAHOAAD PARKING SPACE DIMENSIONS " sJ ------------- EXISTING \-5 ---------------\ [ij \ \ 1\ I I I I I 11JI \y,4 1 I 1\ 11 I 1 I IJ \ 1------__ _,___ 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 \~1 --....... EXISTING BUILDING E I (_ IQ-ill l I \ l I I ,' ~ BUILDING 0 \ I "---J"-\~ I~ ~ 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_~ ' I 'i'tFl PAINTED STALL <!_>11rs1GNAGE ·4i_ TYP. COMPACT STALL TYPICAL ACCESSIBLE PARKING STALL REALTY GROUP ' I NC. COSTA MESA, CA 9262 6 (714) 545 -1400 -~ ---~ ' " - I . REPLJCE (E) H.C. SP>CES ANO LOADING WITH STD. PKG. SR 10 5 EXISTING BUILDING F II II " EI] 2 -._) HEW GREASE INTERCEPTOR. flB.D VERIFY EXACT LOCATION DURING TENANT IMPROVEMENT PLAN CHECK 0 50 \ \ 100 I ' I _J EXISTING EXPANSION TOBLDGF 6 I @I EXISTING BUILDING H 18 /-- -~-= -=~~;,--i~ ,----7 I I I I I I I I I I I 1 I I I ' L-~--- 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 I / IPE TO HAVE 13 KE£P EXISTING ~DICAP SPACES '#ITH LOADING - I 16 7 / I I / CUP 04-28(A ) CDP 04-39(A) EXISTING OFFICE BUILDING J / / d / / ,.-,1/ / ~ / ½ / - 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 q ffi ffi \,\ I ',:;\ I ,V]Hf Ul/1' '" "' /.i!/J Im ./ ff} !Jjf ;t I I \ I 11 (E) RET. IL DROPO. :::. n n~ """""'11,J_~ FOOC ,., ~ , SERVI( E D D D '1t11,c1===1 I I 0 ~ I PRot6sED .), 700 SF "' STANDARD ) j - I ~ CONCPAT/0 "' .., \ 1 1,000 S.F (E) FOOD SER VIC E 2,000 S.F. I ~~-< AREA OF CUP AMENDMENT -U.O.N., ALL OTHER PORTIONS OF THIS DRAWING IS 8 '\ B ·, EXISTING AND FOR REFERENCE ONLY 6 E 6 E II - I ,- 3 B II - ] / t::::I. , = 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, ' ,, ---' . u f r / ~ '~ATICTN~RING TENANT ~~T'-R~ CHECK I --~~ ) I ' I I_ (E) BUILDING TO REMAIN I_ (N) WROUGHT IRON FENCE. COLOR: SW URBANE BRONZE GROUP, INC. CA 92626 (714) 545-1400 AREA OF CUP AMENDMENT -U.O.N., ALL OTH ER PORTIONS OF THIS DRAWING IS EXISTING AND FOR REFERENCE ONLY 0 50 3'-0" 100 \ 7 ... ] Sa ,1 rr: I I I I I ' ' ill . I ~lrllll lllllll llll l ll ll .,_ 200 I I_ (N) WROUGHT IRON FENCE. COLOR: SW URBANE BRONZE ,., ~ _,,< 9-"H I-SRft .". j, I I \ J l I ' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I \. II II I I ' CJ I I I ' I -~i ~~'-IIJI ! ~ / / ._ ' • ~ • ·-• -• ! ; r: " • ' . ' ·, • • . --•. . -\! --. ~ '. • • ,.11 . I_ (E) BUILDING TO REMAIN LEFT SIDE ELEVATION (SOUTH) SCALE: 1/8" = 1'-0" I, _j_ - I I I I I I I I I I I I I I F Fl Fl fl fl I I I I I I I I I I I I I I □□□ F 'I 0[][] = R RIGHT SIDE ELEVATION (NORTH ) SCALE: 1/8" = 1'-0" l (N) WROUGHT IRON FENCE. COLOR: SW URBANE BRONZE I ,- Fl R I . F T ~- .c:::, - ' ~ 11/' I i ~I, 3'-0" C -'J c 9 I = . ~ TlJ ~ ~ LJ l LJ " ' ' ' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ·,. , I _/ J - .I Q I ' . -[] [] I ·., r .=i . ' ....__ (N) WROUGHT IRON L (E) BUILDING 4' WIDE GATE TO TO REMAIN MATCH FENCE. FRONT ELEVATI ON (EA ST) SCALE: 1/8" = 1 '-0" SOP 82-03(E) 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: flLE_ NAME: • • ' • • . \ • • • I L \ • ~. . ,.,,.-' \ P\RCEL .13 ~ .P~ 15187 _ . . ~ ' \ v ....... ~ \ .. PO INS ETTI A VIL LAG E/PA D4 CAR LSBAD , CA DONA HUE SC HRIBER REA LT Y 200 E. BA KE R STR EET; SUI TE 1 00, COSTA MESA , I.~\\ I~ ~ . \ 1 -, ,. •• • ' j i ~ ..... f.' ,, ~ t. • 1:;i"""W~"fft,.,,,& • ~ • J., ~ ~ ._...,,'!lliik- ., '.... ~ ~, ii. \ I • . • '-.._ 11 ., 1 • -~~-':\'" ~ ' ' ~~ ,~[-f~ i\ I~ ·•,. T • • . '\:~ • ~-~--. ,1 •• • ... ,.. r PR ELI MINARY GRAD I NG PLAN GROUP, INC. CA 92626 (714) 545 -1400 r-, ~ .. . .,,.. X //~/~~ / / .~ /Ji/ // AREA OF CUP AMENDMENT -U.O.N., ALL OTHER PORTIONS OF TH IS DRAWING IS FOR REFERENCE ON LY • • • ~r--.. ..,... a.E7 - .. • < I • I • l ~E::0.eND + ASS.A EVIAT ION9 ...... ~ .............................. ....::.;:... -:,_::.l)-=~ ..... ,. it.a,,:. .... ~ f;t ,,_ J ~{1 ID • " •Ji'tiliP ~ NII ._'till .___.._ PIJEPi? -----,li!LI.Jpliill -· .W,tl 4!P!lfl ~ i FJ!,W 1illi' !llllDlill, -~ ---■------ ~~­~ 1iiM,ii 'Cl\l'lill ., 11~ lil!liiil ~-· !Hw'~I ..,, --"l'l. -• ___ ," _____ J ....... ... ~ ~rAMI\ ••l 'wi!j IW!iila~ . ,., ZI EBAR TH ASSOCIATES 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 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 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: 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 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 9 and all City public facility policies and ordinances. The project includes elements or has been conditioned to 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall 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. PC RESO NO. 5905 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. If, at any time, the City Council, Planning Commission or Planning Director determine that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of the 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. 18. 19. 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. PC RESO NO. 5905 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 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. PC RESO NO. 5905 -7- 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. 30. 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. PC RESO NO. 5905 -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 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- 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 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 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 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: 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 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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-