HomeMy WebLinkAboutRP 87-11A; Village Faire; Redevelopment Permits (RP) (3)August 14, 2006
TO: VILLAGE FAIRE REDEVELOPMENT PERMIT FILE
RP87-11/CDP 88-1
FROM: HOUSING AND REDEVEOPMENT DIRECTOR
RE: RELOCATION OF HANDICAP PARKING SPACES
Due to continuing complaints regarding the relocation of tv^o (2) handicap parking spaces at the
Village Faire, the City Attomey requested a copy of the settlement agreement (from the Village
Faire Attomey) between Village Faire and the complainant (handicap advocate) on this matter. A
copy of the Agreement v^as forwarded to my office for review on August 3, 2006. My review of
the Agreement indicates that Village Faire was required to add two (2) handicap spaces to the
north side of the property (adjacent to Coyote Restaurant), and add appropriate signage and
markings for the handicap spaces located nearest to the gift shop (Linda's Gifts) on the east side
of the shopping center. The property manager indicated that the attomeys from both sides and an
ADA consultant agreed to the relocation of the handicap spaces as part of their settlement of the
lawsuit. The Settlement Agreement isn't as specific on this point. It was my understanding that
because the spaces next to Coyote Restaurant were acceptable the property owner did not believe
that it was necessary or financially feasible to correct the deficiencies of the handicap spaces
adjacent to Linda's gifts. As a result, the spaces were eliminated.
Per our City Attomey (Ron Ball), the City/Redevelopment Agency is not bound by any
settlement agreement (whether written or verbal) between the parties and does not need to agree
to the relocation of the spaces. The City Attomey's opinion is that if the revised parking plan is
different than that which was approved by the legislators then the property owner must process
an amendment to their major redevelopment permit, and the revised plan must receive
appropriate approvals.
Since Village Faire simply relocated the handicap spaces and did not eliminate any parking in
the process and/or did not change the vehicle circulation, I determined that an amendment to the
major redevelopment permit was not necessary because the plan remained in substantial
conformance with the originally approved permit. However, the City Attomey disagrees with
this position and believes that the amendment is required because the parking plan was modified
and not consistent with the originally approved plan.
The Building and Code Enforcement Manager (Pat Kelley) and I visited the site on August 4,
2006 to determine if the handicap parking spaces provided meet the current code. The
determination was made that the spaces and path of travel, in general comply with the ADA
requirements. It was decided that the spaces next to Coyote were not extremely practical or
convenient but that they did comply with the basic ADA requirements. They have acceptable
paths of travel if those paths remain unobstmcted. For the spaces adjacent to Coyote, there are
two (2) paths of travel. One is through the Coyote Restaurant outdoor courtyard. The second is
the walkway on the north side of the building. Neither of these routes require the disabled to
access the center behind parked cars. If the disabled customer is unable to access the center
through the Coyote courtyard, the second access may be used. We would agree that is less than
convenient than the previous location for the spaces. However, convenience is not a determining
factor for compliance purposes. It was agreed that fairly substantial improvements would need
to be made by the property owner if the handicap parking spaces were to relocated back to their
original position adjacent to the gift shop (east entrance to center). The property owner estimate
of about $20,000 in grade reduction work does not appear to be unreasonable or out of line. The
Building and Code Enforcement Manager was going to recheck the code to determine if there are
any requirements for location of the handicap spaces within a certain proximity/distance of all
entrances to the shopping center.
Based on ftirther research by the Building and Code Enforcement Manager, it was determined
that Village Faire is required to have seven (7) handicap spaces. They do have the seven (7)
required spaces. Per ADA requirements, accessible parking may be distributed among parking
lots if greater accessibility is achieved. There are no specific requirements for equal
disbursement and/or placement of those spaces. Under current Title 24 regulations, for all new
projects with multiple accessible entrances, the spaces are required to be dispersed among the
entrances. These requirements are not typically applied to projects retroactively. Per ADA
requirements, only one accessible route within the boundary of the site is required. Per current
Title 24, new projects are required to have all access points accessible to the disabled. State code
for new sites and buildings is more restrictive than applicable ADA guidelines for existing sites.
For current code compliance, the City Attomey would need to provide an opinion that
redesigning the parking lot triggers compliance with current Title 24 requirements. Since no
building permit is required for the work, there is typically no retroactive requirement applied to a
reconfiguration of a parking lot.
After further review with the City Attomey, a determination was made that the substantial
conformance findings are adequate and no ftirther action is needed by Village Faire to amend
their redevelopment permit. In addition, no ftirther action is required to comply with Title 24.
(5itv of Carlsbad
Housing & Redevelopment Department
January 31, 2006
CATHY GARDNER
ACF PROPERTY MANAGEMENT, INC.
300 CARLSBAD VILLAGE DRIVE, SUITE 108A
CARLSBAD, CA. 92008-2999
RE: VILLAGE FAIRE HANDICAP ACCESSIBLE PARKING
Dear Cathy:
This correspondence is forwarded to you to document the substantial conformance finding
related to the relocation of the handicap accessible parking spaces at Village Faire. It is my
understanding based on our conversations (via e-mail and telephone) that you relocated several
handicap parking spaces at the Village Faire Shopping Center in order to comply with the
Americans with Disabilities Act.
In comparing the approved constmction plans to the current parking lot configuration, it appears
that you have recently relocated several handicap spaces. However, you have increased the total
number of handicap parking spaces by two (2) spaces. You also have provided the appropriate
paths of travel for each space. After reviewing the originally approved plans and the subsequent
reconfigured parking lot, a determination has been made that your revised parking plan is in
substantial conformance based on the following findings:
1. No project condition, feature, facility or amenity has been changed or deleted that had
been considered essential to the project's design, quality, safety or ftmction.
2. The request represents an upgrade in overall design because it provides for enhanced
compliance with ADA requirements.
3. The proposed revision does not change the density or boundary of the subject property.
4. The proposed revision does not involve the addition of a new land use.
5. The proposed revision does not rearrange the major land uses within the development.
6. The proposed revision does not increase the size of the development/building.
7. The proposed revision does not result in any significant environmental impact, and/or
require additional mitigation.
8. The proposed change will not result in any health, safety or welfare impacts.
9. There were not major issues or controversies associated with the original project which
would be exacerbated with the proposed change. The proposed revision did not result in a
reduction in parking or change the vehicle circulation for the development.
10. The proposed change is not readily discemible to the decision makers as being
substantially different from the project as originally approved since it involved the
relocation of parking spaces, but no other design changes.
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037
Although a determination has been made that your project remains in substantial conformance
with your approved permits and no amendment is required to the Major Redevelopment Permit
for the Village Faire Shopping Center to allow for the relocation of the handicap parking spaces,
it should be noted that our office continues to receive complaints regarding the relocation of the
handicap spaces that were originally located on the east side of the property. The new spaces on
the north side of the property are not as convenient to your handicap patrons and therefore there
is a preference for at least one (1) handicap parking space to be located on the east side ofthe
property (adjacent to Linda's Gifts). Your consideration of locating at least one (1) handicap
parking space on the east side of the property would be greatly appreciated.
If you have any questions regarding this correspondence or the substantial conformance finding,
please contact my office at (760) 434-2815.
I^iilcei:ely,
DEBBIE FOUNTAIN
Housing and Redevelopment Director
January 31, 2006
TO: VILLAGE FAIRE REDEVELOPMENT PERMIT FILE
RP 87-11/CDP 88-1
FROM: HOUSING AND REDEVEOPMENT DIRECTOR
RE: RELOCATION OF HANDICAP PARKING SPACES
In September/October, 2005, staff received complaints from the owners and several patrons of
Linda's Gifts in Village Faire regarding the relocation of two (2) handicap parking spaces from
the parking area immediately adjacent to the store (east side of Village Faire) to the comer of the
property at Washington Street (north side of Village Faire, adjacent to Coyote Grill). Following
is a summary of the conversations with Village Faire management regarding this issue and the
recommended action by staff related to the matter.
Cliff Jones, Assistant Planner, contacted the property manager (Cathy Gardner, ACF property
management) in September/October, 2005. Mr. Jones was told that the handicap spaces were
relocated to the north side of the property as a result of a lawsuit filed by a handicap advocate
against the property owner and two new tenants moving into the center. Mr. Jones discussed this
matter with Debbie Fountain, Housing and Redevelopment Director. Typically, redevelopment
permits are not required for restriping of parking lots where there is no change in circulation,
reduction in parking, or other site changes. A determination was made that Village Faire
remained in substantial conformance with their approved redevelopment permit. Therefore, a
permit or permit amendment did not appear to be necessary.
As the result of additional complaints and a request from the City Manager's Office to ftirther
investigate the situation, Debbie Fountain, Housing and Redevelopment Director, contacted the
property manager (Cathy Gardner, ACF property management) via e-mail on October 13, 2005
and asked for additional information on the reasoning for the relocation of the parking space and
if there were any altematives considered. In an e-mail response, Ms. Gardner restated the
information that she had previously provided to Mr. Jones (see above). She stated that the action
was taken in order to meet the requirements of the lawsuit and bring the property up to code. She
indicated that attomeys for both sides of the lawsuit and the property owner/manager's ADA
consultant determined where and what modifications were required. Ms. Gardner ftirther stated
that the two ADA parking spaces outside of Linda's gifts were relocated together with the
addition of ADA spaces and 3 paths of travel. She indicated that if these changes had not been
made, Sonoma Valley market, Skinsational and other new businesses would not have been able
to pass final inspection to open for business. Debbie Fountain checked with the City's Building
Department on this matter. Both Michael Peterson and Pat Kelley of the Building Department
felt that the changes met the general accessibility requirements, but agreed that they are probably
not the most convenient for everyone.
In response to the question regarding altematives, Ms. Gardner indicated that there were several
factors that hindered the property owner's ability to place the handicap spaces outside of Linda's
gifts. There is a swale in the parking lot adjacent to the parking spaces which has a slope that
exceeds the 2% permitted by code. The property owner does not own 75% of the parking area in
question. Village Faire parking spaces back into a public street (Washington) and are adjacent to
the property/parking spaces owned by NCTD. The costs for these type of improvements would
have been unreasonable in Ms. Gardner's (and the property owner) opinion. Because these
improvements would be within the common area, the costs would be shared by all of the tenants.
The property owner did not feel that the substantial cost for this altemative was justifiable to the
other tenants. In addition, the property owner felt that the issue was appropriately addressed
based on the opinions of the two expert attomeys and the ADA consultant. The property owner
did not feel that it was necessary to incur the additional cost to correct the situation next to
Linda's Gifts.
Based on the information provided by Ms, Gardner and the City's Building Department, Director
Fountain again determined that Village Faire was in substantial conformance with their approved
redevelopment permit, and there was no need to process a new redevelopment permit or amend
the previously approved major redevelopment permit.
As a result of continuing complaints about parking at Village Faire, Debbie Fountain contacted
the Village Faire property manager (Cathy Gardner) again on December 6, 2005. Ms. Fountain
requested a copy of the settlement agreement and/or consultant report on the ADA parking space
issue. Ms. Gardner indicated that she did not have copies of the settlement agreement and/or
consultant report. She stated that we would need to contact the property owner's attomey, Jan
Buddingh of Gordon Rees. Ms. Gardner ftirther stated that the attomeys for both sides walked
the property and advised on what ADA modifications were needed. Apparently, both attomeys
agreed that the two spots adjacent to Linda's Gifts could be relocated to the area north of Coyote
Bar and Grill. She stated that, with the changes. Village Faire now has a total of eight (8)
handicap parking spaces which is one (1) more than required.
After a conversation with the City Attomey's Office on January 3, 2006, Debbie Fountain
contacted Cathy Gardner again and asked for a copy of the revised parking plan to compare it
against the originally approved parking plan. Ms. Gardner indicated in an e-mail response on
January 9, 2006 that she was no longer the property manager for the center and that the center
had been sold several weeks earlier. She said she would pass Ms. Fountain's information onto
the new property owners/managers and have them contact me to provide the requested
information. To date, this had not happened.
Staff reviewed the originally approved parking plan (11/10/87) for Village Faire. The approved
plan provides for a total of 193 parking spaces in the designated parking areas surrounding
Village Faire. The project is bordered by Grand Avenue (north), Washington Street (east),
Carlsbad Village Drive (south) and Carlsbad Boulevard (west). A total of five (5) handicap
parking spaces were shown on the plans. Two (2) of the spaces were to be provided off of
Carlsbad Village Drive (at south entrance to property); one (1) was provided off of each of the
remaining three (3) sides of the property off of Carlsbad Boulevard (west entrance). Grand
Avenue (north entrance) and Washington Street (east entrance).
A site visit was completed by staff to review the revised parking plan as indicated within this
memorandum. The total number of parking spaces for Village Faire as of the date of the site visit
were 195. This included a total of eight (8) handicap spaces. There were 3 handicap parking
spaces on the west side (Carlsbad Blvd); 3 handicap parking spaces on the north side (Grand
Ave); and, 2 handicap parking spaces on the south side (Carlsbad Village Dr). There were no
handicap parking spaces on the east side (Washington Street) .The total spaces under the current
plan exceed the approved plan by two (2) spaces, which increased the number of handicap spaces
by two (2) spaces. The handicap spaces, however, have been relocated when compared to the
originally approved permit plans.
In comparing the approved plans to that which was actually constmcted in the late 1980s, it
appears that the constmcted parking lot was slightly different than the approved plans. The
approved plans show only one (1) handicap parking space at the east entrance to the center
(Washington Street). However, there were actually two (2) handicap parking spaces provided on
that side of the property (prior to their relocation). Those spaces were subsequently relocated to
the north side of the property and replaced with 2 regular parking spaces. Several other handicap
spaces were also located in positions that were different than those shown on the originally
approved permit. However, again because the handicap spaces were simply relocated, there was
no change in circulation and the total number of parking spaces was actually increased, staff
made the determination that the recently revised parking plan was in substantial conformance
with the originally approved permit and no new permit or amendment to the previously approved
permit was required by staff
Per a request from the City Attomey, this memorandum to the file is intended to document the
staff review on this matter. A letter documenting the substantial conformance findings was also
forwarded to the property manager at Village Faire and a copy placed in the project file.
Citv of Carlsbad
Housing & Redevelopment Department
November 23,2005
MS. ANNE TEMPLETON
GDA REAL ESTATE SERVICES, LLC
8301 E. PRENTICE AVENUE, SUITE 120
GREENWOOD VILLAGE, COLORADO 80111
Re: Village Faire, located at 300 Carlsbad Village Dr.
County, Califomia
Gentleman:
City of Carlsbad, San Diego
In response to your request conceming the Project's compliance with apphcable
codes, regulations and ordinances, please be advised as follows:
(i) the City of Carlsbad is responsible for enforcement of building
codes, zoning ordinances and similar codes or ordinances related to commercial
development in the City of Carlsbad.
(ii) the Village Faire is located on a property is zoned VR (Village
Redevelopment) under the laws or ordinances of the City of Carlsbad, which zoning is
proper for the current uses of the Village Faire and related amenities compromising the
Village Faire, and accordingly the Village Faire is a conforming use. Furthermore, the
buildings and stmctures compromising the Village Faire comply with applicable
development codes and ordinances at the time of application. The Village Faire meets
the requirements for parking originally set forth in the permit. In the event of a casualty,
the Village Faire could be rebuilt with substantially the same square footage and use as
what is currently on the site as of this date, but will be subject to the development
standards applicable at the time of rebuild. Attached hereto as Exhibit "A' are tme copies
of the applicable resolutions and staff report relating to the use, setback lines, and parking
requirements for the Village Faire.
Silva
Title: Planning Technician
2965 Rooseveit St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037
City of Carlsbad
Housing & Redevelopment Department
August 15,2000
LA CAZE DEVELOPMENT CO.
2601 AIRPORT DRIVE #300
TORRANCE, CA. 90505
RE: PROPERTY MANAGEMENT, VILLAGE FAIRE
300 CARLSBAD VILLAGE DRIVE, CARLSBAD, CA.
Dear Carlsbad Village Faire Property Manager:
Our office recently received a letter of complaint from an employee of one of the retail
shops/offices within the Carlsbad Village Faire Shopping Center regarding access to the
employee parking lot located north of Grand Avenue. Attached is a copy of the letter v^th a
diagram of the area of the complaint. Since the subject parking lot is privately maintained by
your company for the purposes of providing parking for the Village Faire Shopping Center, this
complaint letter is being forwarded to you for a response and resolution of the complaint.
Based on the current configuration of the subject parking lot, it does appear that there are
adequate entrances and exits to the subject property off of Grand Avenue. However, City staff is
aware that the area in question (access off of Washington Street) is considered to be a dedicated
vehicle access esisement and probably should have access available across it without constraints
due to parked vehicles. This matter is being referred to you for fiirther action as you deem
appropriate. If you desire to prohibit parking in the subject area, you would need to take the
appropriate action to post the prohibition and enforce it.
Thank you for your attention to this matter. If you have any questions regarding this
correspondence, please feel free to contact my office at (760) 434-2815.
Sincerely,
DEBBIE FOUNTAIN
Housing and Redevelopment Director
C: Sheila Yoldie, Village Faire Employee
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037
City of Carlsbad
Planning Departnnent
April 30, 1996
Thomas Culver
1662 Via Inspirar
San Marcos, California 92069
SUBJECT: CARLSBAD ATHLETIC CLUB - PRE 96-16
APN: 203-174-06
Preliminary review of your project was conducted on April 18,1996. Listed below are the
issues raised by staff. Please note that the purpose of a preliminary review is to provide
you with direction and comments on the overall concept of your project. The preliminarv
review does not represent an in-depth analvsis of vour project. Additional issues
of concern mav be raised after your application is submitted and processed for a
more specific and detailed review.
1. The subject site is located within the City's Village-Redevelopment Zone and
therefore is primarily under the jurisdiction of the City's Housing and
Redevelopment office whose responsibilities include implementation ofthe Village
Design Manual. The comments below need to be pursued further with direct
involvement of Redevelopment staff.
2. The designated use for the subject suites, #105 and 106 within Village Faire, Is
for visitor serving commercial uses. This Is primarily due to the center's coastal
approvals for its development. An exclusive club such as the proposal submitted
would not qualify as an allowed use. These particular suites are in a prime
pedestrian circulation path being located at the periphery of the ground level
circular water feature within Village Faire. The coastal designation for visitor
serving commercial is specifically for ground floor/first floor uses. Until a Local
Coastal Program amendment is formally adopted allowing different land uses,
Planning could not support this proposal unless the use qualified as a true visitor
serving commercial use within the coastal zone.
Visitor serving commercial types of applications of an athletic club use may
include features such as a tourist drop-in program, or special arrangement for
time share holders in the area, a visible program of interactive opportunities for
children, shoppers' specials, etc.
3. Another area of concern for Planning staff is the parking scenario at Village Faire
where parking intensive uses like health clubs/classes and restaurants may
outnumber retail uses and cumulatively cause a parking problem at the center.
The issue of allowing a parking Intensive use is tied to the overall center's parking
supply and mix of retail and other uses.
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894
CARLSBAD ATHLETIC CLUB - PRE 96-16
April 30, 1996
Paoe 2
More discussion is needed with staff on these two critical issues: (1) qualifying the
proposed use as a visitor serving commercial use on the ground floor of Village Faire;
and (2) properly assessing the parking requirements of the proposed use against the
parking resources and mix of uses at Village Faire.
Please contact Eric Munoz ofthe Planning Department at (619) 438-1161, extension 4441
and Debbie Fountain of the Housing and Redevelopment Department at 434-2935 with
any questions and/or to pursue this project's potentials further.
GAR/ E. WAYNE
Assistant Planning Director
GEW:EM:kr
c: Bobbie Hoder
File Copy
Data Entry
Don Neu, Senior Planner
Clyde Wickham, Project Engineer
Debbie Fountain, Housing and Redevelopment
Citv of Carlsbad
Housing & Redevelopment Department
January 25, 1994
Catheryn F. Christensen
2810 Carisbad Boulevard
Carlsbad, CA 92008
RE: Village Faire Shopping Center Public Parking Lot Ground Lease
Dear Ms. Christensen:
The office of J.E. Robert Companies has requested that we forward to you the enclosed Estoppel
Certificate and Agreement on the change of ownership affecting the Ground Lease between you
and T.I.O., Ltd./T.I.L., Ltd. (aka "Village Faire Shopping Center").
You will be contacted by Mr. Bob Burke representing the Village Faire Shopping Center for your
signature on the Estoppel document.
Please call me at (619) 434-2817 if you have questions.
Sincerely,
Clinton A. Phillips, Jr.
Senior Management Analyst
Enclosures
c: Carlsbad Housing and Redevelopment Office
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037
J.E. ROBERT COMPANIES
12100 Wilshire Blvd., Suile 1200
Los Angeles, California 90025
Tel. (310)442-1600
Fax. (310) 442-1670
January 11, 1994
VIA CERTIFIED MAIL
Ei
ri:v cf C
City of Carisbad
1200 Elm Avenue
Carlsbad, CA 92008-1989
ATTN: Mr. Chris Salomone
RE: Ground Lease between Catherine F. Christensen Trust and T.I.O., Ltd./T.I.L., Ltd.
Dear Mr. Salomone:
Enclosed please find an Estoppel Certificate and Agreement for the ground lease in reference to
Catherine F. Christensen Tmst and T.I.O., Ltd./T.I.L., Ltd.. As stated in the recitals, WHC-THREE
Investors, L.P. ("WHC") has acquired a loan from City National Bank that is secured by, among
other things, the leasehold interest in the Leasehold property. WHC has requested that the Lessor
make certain certifications to WHC as a condition to the acquisition of the loan. These agreements
need to be executed and retumed to me by January 21, 1994.
I have asked Bob Burke of T.I.O., Ltd./T.I.L., Ltd. to coordinate the signing of the agreement.
Should you have any questions, please feel free to contact me at (310) 442-1616.
Thank you in advance for handling this matter.
Sincerely,
By Eighth JER Investment Management, Inc.
For WHC-Three Investors, L.P.
Mary Lee R. Brendsel
Asset Manager
Enclosure
cc: Mr. Bob Burke
Page 1 of 1
• #
City of Carlsbad
Planning Department
June 30, 1993
Barbara Holasejk
Village Faire Specialty Shopping Center
P.O. Box 1575
Carlsbad, CA 92008-0262
SUBJECT: VILLAGE FAIRE SIGN PROGRAM - RP 87-11
Thank you for your assistance in updating the sign program for Village Faire, your
cooperation is appreciated. After our discussion on June 16, 1993, it seemed that a letter
summarizing our objectives and action plans was warranted. Review of the existing
comprehensive sign program (copy attached) by the Plarming Department has identified
several issues that need to be addressed. In summary, the sign program should be revised
to reflect the appropriate existing signage scenario and to incorporate the changes
recommended below.
1. Currently, there are several non-conformities in the form of window neon
signs, awning signs, and signs located away from the suite entrance or
frontage. The existing sign program does not allow these signs. Therefore,
the sign program needs to be revised and/or the non-conforming signs must
be removed.
2. To clarify the signage allowances for the various tenants within the center,
it may be helpful to separate the sign criteria for interior suites and exterior
suites. The Planning Department is more concemed with the signage facing
the exterior of the center than with the interior courtyard signage. The sign
program should be revised to fully explain the latitude in types and locations
of signs proposed within the interior courtyard area. If interior suite(s) are
proposed to be allowed exterior signage (such as Cycle Ski 8c Sports), the
mechanism for allovmig these signs and the potential size, style, and location
of these proposed signs should be identified.
3. Special provisions, such as major tenant signage, second story exterior
signage, and directory signage, should be treated separately from the
interior/exterior allowances. The adjusted criteria should also discuss
illuminated trim, such as currently displayed by Coyote Bar & Grill.
4. Since the definition of major tenant is rather liberal, there are concems about
the potential proliferation of neon or intemally illuminated signs along the
exterior of the center. The definition of "major tenant" needs to be revised
2075 Las Palmas Drive • Carlsbad, California 92009-1576 - (619)438-1161 ^
VILLAGE FAIRE SIGN PROGRAM
JUNE 30, 1993
PAGE 2
to include quantitative criteria (such as minimum square footage, frontage,
etc.) only. The existing qualitative definition for a major tenant is not
acceptable. In addition, all second story exterior signs should be of the
sandblasted redwood style, regardless of tenant status. The second floor
suites also include those that front on Carlsbad Boulevard. This restriction
would not affect any of the existing second story signs since they are all
sandblasted redwood.
5. A map of the center should accompany the sign program. This map would
identify the location of the existing major tenants, all monument signs, and
any special sign locations.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any
questions or would like to set up a meeting to discuss possible revisions.
Sincerely,
MICHAEL GRII
Assistant Plarmer
Attachment
c: Adrienne Landers
Anne Hysong
Eric Munoz
Debbie Foiijitain
File Copy
MG:vd
RP8711.1tr
VILLAGE FAIRE Spec/0y Shopping Plaza 9^N CRITERIA
Comprehensive Sign Program
Village Faire Speciality Shopping Plaza
Carlsbad Village Drive and Carlsbad Boulevard
Carlsbad-Village-by-the-Sea, California
This criteria has been established for the purpose of maintaining
a continuity of aesthetic quality throughout the Village Faire
Speciality Shopping Plaza for the mutual benefit of all, and to
comply with the regulations of the City of Carlsbad. Conformance
will be strictly enforced, and any installed non-conforming or
non-approved signs must be brought into conformance or
immediately removed at the expense of the tenant. These
standards and criteria pertain to all signage throughout the site
as indicated.
A. Common Sign Criteria
1. All tenants will be permitted one (1) directory sign
per entrance and one (1) hanging sign per elevation.
2. Each Tenant shall submit or cause to be submitted to
the Owner for approval, prior to fabrication, four (4)
copies of detailed drawings indicating the location,
size, layout, design, color illumination, materials and
method of attachment.
3. All City of Carlsbad required permit approvals shall be
obtained prior to sign installation by the Tenant or
his representative. Approval or disapproval of sign
application submitted for permit shall be based on
prevailing City codes and the approved Comprehensive
Sign Program criteria for the site.
4. Approval or disapproval of sign submittals based on
aesthetics of design shall be at Landlord's sole
discretion.
5. All Tenant signs shall be constructed and installed at
the Tenants' expense.
6. Tenant shall be responsible for the installation and
maintenance of their sign. Should Tenant's sign require
maintenance or repair. Landlord shall give Tenant 10 days
written notice to affect said maintenance or repair.
Should Tenant fail to do same. Landlord shall undertake
repairs and Tenant shall reimburse Landlord within five
(5) days from receipt of invoice.
7. No sign shall be posted on any public or private light
pole, on any post, pole, or structure supporting traffic
control sign or signal, or in the public right-of-way.
This does not apply to parking lot or traffic control
signs.
Effective: 10 May 89 PAGE 1
VILLAGE FAIRE Specify Shopping Plaza S^N CRITERIA
8. No sign shall be posted on any tree, bush or other
vegetation.
9. No sign shall be posted on property in a manner which:
(a) Obstructs motorists' clear view of vehicular or
pedestrian traffic, traffic control sign or
signals;
(b) Impedes a pedestrians' free use of the sidewalk or
walk ways;
(c) Or otherwise represents a hazard to vehicular or
pedestrian traffic.
10. All companies bidding to manufacture these signs are
advised that no substitutes shall be accepted by
purchaser whatsoever, unless so indicated in the
specifications and approved by Landlord and Tenant.
purchaser's refusal to accept same. All manufacturers
are advised that prior to acceptance and final payment.
each unit will be inspected for conformance by an
authorized representative of said business site. Any
signs found not in conformance will be rejected and
removed at the Tenant's expense.
B. General Specifications
The intent of the following specifications is to offer the
Tenant both identity and aesthetic quality which benefits
the Tenant and the project.
The General Specifications are:
1. All signs and their installation shall comply with all
local building codes and the provisions of this
Comprehensive Sign Program.
2. No animated, flashing or audible signs will be
peumitted.
3. All Non Illuminated Signage shall be located in lighted
channel or on wall space where channel is not provided
and use painted blanks, or equivalent, available from
Tenant's contractor.
4. Each sign is permitted one logo which can be of
different colors other than the lettering. Logo height
shall not exceed letter height used.
5. No fluorescent colors will be permitted on signs.
6. Sign boxes and cans will not be permitted.
7. All sign colors will be approved or disapproved
on a case-by-case basis.
Effective: 10 May 89 PAGE 2
VILLAGE FAIRE Specify Shopping Plaza 9#N CRITERIA
8. All electrical connections, conduits, apparatus, etc.
shall be concealed.
9. Size Specifications as follows:
Size will not exceed .5 square feet per lineal foot of
building frontage. Example: Twenty lineal feet of
leased frontage permits a 10 square foot sign.
10. Major Tenant Signage
(a) For purposes of sign criteria classification, a
major Tenant in Village Faire is identified as a
Tenant whose recognizable logo, name identification,
or square footage usage has a significant effect on
the economic impact to other Tenants and the Village
Faire project as a whole. The general partner will
be the sole determiner of major tenants and will
provide a letter to that effect to City of Carlsbad
Planning Director.
(b) Major Tenants will be allowed, in lieu of lianging
signs, wall mounted signs as follows: 1) Neon,
2) Reverse channel, or 3) Individual Channel Letters.
Design must be in keeping with the Center and will be
considered on a case-by-case basis. Logos will be
considered on a case-by-case basis, logos will not
exceed 20% of total sign length as shown on the
attached drawings.
C. Monument Signs
1. Individual monument signs will not be allowed for
separate Tenants.
2. Identification on monument signs is available for
Tenants with Tenants responsible for all production
•co^ts and permit fees as well as monthly fee. Such
monument Signage for Tenants is limited in availability
and therefore is strictly on a first come, first serve
basis. Landlord will provide permission letter to City
of Carlsbad Planning Director.
D. Window and Door Signs
Each Tenant shall be permitted to place upon each entrance
of its demised premises not more than one hundred forty-four
(144) square inches of vinyl in approved colors (black,
blue, white), not to exceed two (2) inches in height,
indicating--hours of business, emergency telephone numbers,
etc.
Effective: 10 May 89 PAGE 3
• VILLAGE FAIRE Specif/ Shopping Plaza S0N CRITERIA
E. Temporary Signs/Promotional Signs
1. General:
(a) No temporary or promotional signage is allowed on
the premises.
(b) No portable signs, merchandise, or any other sale
material shall be placed upon any public property,
common areas or private streets.
(c) No illuminated signage shall be placed upon
Lessees' premises so as to be visible from the
exterior.
F. Indemnity
1. Sign contractor shall repair any and all damage to any
person(s) or property caused by his acts or omissions
or the acts or omissions of his agents, employees or
subcontractors.
2. Tenant shall be fully responsible to the Landlord for
any such damage caused by Tenant's sign contractor or
his employees, agents or subcontractors, and shall
indemnify and hold Landlord harmless from same.
G. Guarantee
1. Entire display shall be guaranteed by Tenant's sign
contractor for one (1) year from date of installation
against defects in material and workmanship. Defective
parts shall be replaced without charge by the Tenant's
sign contractor.
2. Landlord shall have the right, after 10 days notice, to
Tenant to repair any defective or broken sign and bill
Tenant for all costs relating thereto. Said cost shall
beepme additional rent and failure to pay same shall
give Landlord all the rights relating to failure to pay
rent provided for therein.
H. Installation
1. Tenant's sign contractor shall completely install sign
display at sign location stipulated by Owner.
2. All electrical work to be performed by a licensed
electrical contractor.
I. Inspection
1. Landlord reserves the right to hire an independent
electrical engineer (at Tenant's sole expense) to
inspect the installation of all Tenant's signs and to
require the Tenant to have any discrepancies and/or
Effective: 10 May 89 PAGE 4
VILLAGE FAIRE Spec#fy Shopping Plaza CRITERIA
code violations corrected at Tenant's expense.
J. Enforcement
1. If a sign is posted in violation of the provisions of
these regulations, the Landlord shall cause notice to
be given to the responsible party of the location of
the subject sign, the nature of the violation, and the
remedial action necessary to correct the violation.
Such notice may be given by personal contact, telephone,
mail, or other manner reasonably calculated to provide
such notices.
2. If any such sign is not removed or corrected within
seventy-two (72) hours of notification so as to remedy
the pertinent violation, the Landlord is authorized to
cause such sign to be removed. In any case where the
responsible party cannot be notified or identified or
where the subject sign is so posted as to create a
hazard which poses a peril to pedestrian or vehicular
traffic, the Landlord is authorized to cause the
subject sign to be removed immediately.
3. Whenever the City of Carlsbad removes a sign, the
cost incurred by the City in removing such a sign shall
constitute a debt owed to the City by the responsible
party. The City Manager is authorized to take such
action as may be deemed necessary, including the
commencement of a civil action in a court of competent
jurisdiction to recover any such cost.
4. Maintenance and repair of Tenant's signs shall be
enforced per Paragraph A 6.
•k-k-k
Effective: 10 May 89 PAGE 5
POST OFFICE BOX 1575
November 20, 1989
Dee Landers
Assistant Planner
City of Carlsbad, Planning
2075 Las Palmas
Carlsbad, CA 92009-4859
Dear Dee,
CARLSBAD, CALIFORNIA
•
92008-0262
•
619-434-3522
•
As a result of my conversation with Chris Salomone,
Redevelopment Director for the City of Carlsbad, and in
compliance with the agreement for the issuance of the
building permits for the Grandville Gourmet Market, I
am herein confirming our position that the Grandville
is a market and deli and that we will limit the number
of deli tables as per the plans submitted and approved.
Thank you for your assistance in clarifying this
matter.
Jim McNeill
JM: jb
ITEM 2
INFORMATION ITEM
DATE: NOVEMBER 15, 1989
TO: DESIGN REVIEW BOARD
FROM: DESIGN REVIEW BOARD
SUBJECT: RP 87-11 - VILLAGE FAIRE - ARCHITEGTORE OF PROPOSED
RESTAURANT. FOOD SERVICE USE EXCEEDING 2000 SQUARE
FEET.
A. ARCHITECTURE OF^EBDEQSEP-EESlAmMX
The developers of the proposed Village Faire project have
submitted to the Planning Departinent architectural renderings
with a southwestern design element of the proposed restaurant at
the northeast corner of the project. Planning staff have
determined that the renderings are a substantial change from the
approved project's Victorian atmosphere. While staff recognizes
the need for a freestanding structure to establish its own
identity, the need for a balanced harmony of design is just as
necessary in a mixed use project like the Village Faire.
Anomalous design serves the purpose of an advertising billboard
and will distract from the other uses.
B. FOOD SERVICE USE EXCEEDING 2000 SQUARE FEET
A tenant improvement has been submitted for the Grandville
Gourmet Market. Review of the building plans has led the
Planning Department to conclude that the use includes food
service. Condition 23 of Design Board Resolution No. 106 for the
Village Faire states "The maximum square footage permitted for
any food service use...shall not exceed 2000 square feet". The
area of the tenant improvement exceed 2500 square feet, although
less than 2000 square feet is devoted to exclusively food service
uses. Food service uses are significant, but incidental to the
gourmet market service provided on site, as given evidence by a
recent site visit by Redevelopment staff to a Grandville Gourmet
Market.
Furthermore, the staff report for RP 87-11, Village Faire (page
4, dated 10/21/87) states, "This was based, however, on the
condition that the maximum gross floor area of any food service
use/restaurant would be 2000 square feet. This would preclude
another full scale restaurant... from developing on the site".
4
September 14, 1989
POST OFFICE BOX 1575
•
CARLSBAD, CALIFORNIA
•
. 92008-0262
•
619-434-3522
•
Ralph Burnett
390 Grand Avenue
Carlsbad, CA 92008
RE: Parking Lot on North Side of Grand Avenue
Dear Mr. Burnett:
It has come to our attention that there may be some
misunderstanding concerning the property rights and use
of the parking spaces adjacent to Ralph & Eddie's and
Jolenco Construction on the north side of Grand Avenue.
Pursuant to the direction of the City of Carlsbad,
those parking lots are leased by the Village Faire for
the parking of its patrons. The landscape areas
surrounding the parking lot are also part of the lease
premises.
It has come to our attention, and the attention of the
City of Carlsbad, that some fencing has beerr placed on
this property and that vehicles other than those for
Village Faire patrons are using the parking premises.
This letter is to advise you that the parking lots are
restricted for the use stated above. If it is your
desire to use any portion of the parking lots for the
parking of your personal vehicles or those of your
employees,- the Village Faire would probably be amenable
to allowing a reasonable amount of such use provided
that a prorata share of the cost of leasing the parking
lots was paid for by yourselves or your employees.
In the absence of any such agreement, no such vehicles
will be allowed to park in those parking lots.
Again it is not our desire to be arbitrarily or unfair,
however, the conditional use permit granted by the City
of Carlsbad requires that these spaces be available for
the patrons of the Village Faire.
Also, the City advises us that the fence which has been
put up is not a proper one and must be removed
forthwith. Therefore we have no alternative as lessees
of the parking lot than to require that you comply with
the cities request.
We are not unmindful for your reasons for putting the
fence up, however we have no other alternative but to
ask that the fence be removed immediately.
By way of a copy of this letter, we are advising
Jolenco Construction of the status of this matter.
(^6 _
:enneth E. Reed
House Counsel
KER:jb
cc: Jolenco Construction
4
June 13, 1989
TO:
FROM
CHRIS SALOMONE, REDEVELOPMENT MANAGER
DOUG DUNCANSON, PARKS SUPERINTENDENT
REPLACEMENT TREE FOR VILLAGE FAIRE PROJECT
The older Eucalyptus tree at the south west corner of Washington and Grand
has been removed with the concurrence of the Parks and Recreation Department.
It is my understanding that the removal was approved through the Engineering
and Planning Departments, it is a real shame that such a large specimen tree
needed to be removed. An adjacent Eucalyptus tree was removed approximately
three (3) years ago because of a diseased root system. The remaining tree was
showing some signs of the same disease patterns. Therefore the tree would
potentially require removal in the near future. The diseased root system would
weaken the tree creating an unsafe condition. It is appropriate that the tree
was removed during the construction process. Removal of the tree at a later
date would be a much more controversial subject.
The large Eucalyptus tree shouid be replaced with a specimen 60" box alternate
tree. The selected tree should be reviewed and approved by the Parks and
Recreation Department. It is important to select a species of tree that is
resistant to the Armillaria Root Rot disease.
c: David Bradstreet, Parks and Recreation Director
Frank Mannen, Assistant City Manager
Bill Baldwin, Redevelopment Consultant
HARSHBARGER
CONSTRUCTON CORPORHTON
June 2, 1989
Att: Dee Landers
Re : ("^i/ivUge^Faire ^
Dear Dee Landers:
As you are aware, we have been instructed by both your engineering
and traffic departments to remove the large Eucalyptus tree at
the corner of Grand and Washington and replace it with a 60 in.
box tree.
In keeping with the project, we will be using a Ficus Florida
tree.
If you have any questions regarding this matter, please contact
me at (619) 438-1159.
Sincerely,
HARSHBARGER CONSTRUCTION CORPORATION
Clifford Moyer
Project Manager
RO. Box 570, Mammoth Lakes. California 93546 • (619) 934-6805 • FAX (619) 934-3714
5928 Pascal Court, Suite 310, Carlsbad, California 92008 • (619) 438-1159 • FAX (619) 438-0209
HARSHBARGER
CONSTRUCTON CORPORRTON
o
January 6, 1989
Patty Cratty
City of Carlsbad
Redevelopment Department
2965 Roosevelt, Suite B
Carlsbad, CA 92008
Dear Patty:
This letter will confirm that on January 21, 1989, the work
of Harshbarger Construction Corporation, i.e., curbs,
sidewalk repair, and drive approaches on the north side of
Grand Avenue between Carlsbad Boulevard and Washington, will
be complete.
At that time, as agreed between your department and North
County Transfer, the bus transfer station in the above
referenced block can be moved to the north side of the
street, as well as all appurtenances and organization of any
other work necessary, such as curb painting.
Thank you for your cooperation in this, and if you have any
questions, please call me.
Sincerely,
HARSHBARGER CONSTRUCTION CORPORATION
Clifford Moyer
Project Manager
CM/prf
RO. Box 570, Mammoth Lakes, California 93546 • (619) 934-6805 • FAX (619) 934-3714
5928 Rascal Court, Suite 310, Carlsbad, California 92008 • (619) 438-1159 • FAX (619) 438-0209
CERTIFIED MAIL
September 28, 1988
Mrs. Kay Christensen
Post Office Box 188
Carlsbad, CA 92008
POST OFFICE Box 1575
•
CARLSBAD, CALIFORNIA
•
92008-0262
•
619-434-3522
•
RE: Ground Lease dated April 21, 1988 between
Kay Christensen & T.I.O - T.I.L, a California
Limited Partnership
Dear Mrs. Christensen:
Pursuant to Section 3.2, Section 4, and Section 6.2
of the aforementioned Lease, notice is hereby given
that the commencement date of the Lease is
September 19, 1988.
In accordance with Section 4.1 of said Lease, a
check is enclosed covering the amount of prorated
rent from the commencement date of the rent to the
first day of the full calendar month, together with
the first full calendar month of the term as
prescribed.
In accordance with Section 4.1, future payments
will be made by the lOth of each calendar month and
sent to the existing address.
Best regards.
S. W. Densham
General Partner
SWD:djm
End.
cc: Robert B Burke
Chris Salomone, City of Carlsbad
r CERTIFIED MAIL
A
(ViiucE
POST OFFICE BOX 1575
•
CARLSBAD, CALIFORNIA
•
92008-0262
•
619-434-3522
•
September 28, 1988
Mr. Ralph F. Burnett
390 Grand Avenue
Carlsbad, CA 92008
RE: Ground Lease dated April 21, 1988 between
Ralph F. Burnett & T.I.O - T.I.L, a California
Limited Partnership
Dear Mr. Burnett:
Pursuant to Section 3.2, Section 4, and Section 6.2
of the aforementioned Lease, notice is hereby given
that the commencement date of the Lease is
September 19, 1988.
In accordance with Section 4.1 of said Lease, a
check is enclosed covering the amount of prorated
rent from the commencement date of the rent to the
first day of the full calendar month, together with
the first full calendar month of the term as
prescribed.
In accordance with Section 4.1, future payments
will be made by the lOth of each calendar month and
sent to the existing address.
Best regards.
S. W. Densham
General Partner
SWD:djm
End.
cc: Robert B Burke
Chris Salomone, City of Carlsbad
.•AMT'--; .1"-)
HARSHBARGER
CONSTRUCTION CORPORRTON
MEMORANDUN
LETTER OF UNDERSTANDING
TO: Chris Salomone
City of Carlsbad
H SEP 2 1^'^^ H
•1*V\ City o< Carlsbafi ^ 7^/
\ Housing and
FROM: David L. Harshbarger
SUBJECT: Village Faire - Railway Storm Dra in
DATE: September 19, 1988
Chris:
This memorandum references numerous discussions that have
taken place over the last year with both yourself and Marty
Orenyak and, more specifically, the meeting held at City
offices on September 8, 1988. At that meeting, it was
understood by all parties that the storm drain system (as
approved) will be reimbursed via redevelopment funds for
that portion that goes from the twin 48" lines under the
railroad, up to the curb line of Washington Avenue. Cost of
construction for that portion will be part of our
streetscape bid.
DLH/prf
RO, Box 570, Mammoth Lakes, California 93546 • (619) 934-6805 • FAX (619) 934-3714
5928 Rascal Court, Suite 310, Carlsbod, California 92008 • (619) 438-1159 • FAX (619) 438-0209
2560 ORION WAY lj| H TELEPHONE
CARLSBAD, CA 92008 M<»/\1/J M (619) 931-2141
QlitH 0f Olarlfibab
FIRE DEPARTMENT
July 11, 1988
Harshbarger Construction
Mr. Harshbarger
5928 Pascal Court
Carlsbad, CA 92008
NEIMAN'S RESTAURANT
Dear Mr. Harshbarger:
On July 7, 1988 we met to review the fire sprinkler installation requirements for
Neiman's Restaurant. We toured the building and discussed various problems
presented by the use, construction and condition of the building. We also discussed
the level of protection required, the imterials that would be acceptable and
altematives or requirements in lieu of protection of inaccessible areas.
At the conclusion of the meeting, you requested the Fire Department provide specific
standards for the sprinkler installation viiich could be included as notes on the
construction plans for the "Village Faire" projects.
Please include the following information in the design subnittal for Village Faire.
It mist be noted that these standards refer exclusively to the installation of fire
sprinklers in Neiman's Restaurant.
1. Generally, the sprinkler system shall be installed to protect all use areas
and to the extent possible all blind spaces, attics, basements and overhangs.
2. Wholly unoccupied space vvhich can be conpletely separated (cut off) by means
of fire rated construction may, with prior approval by the Fire Marshal, be
excluded from the protection plan, provided the exclusion will in no way
jeopardize the effectiveness of the sprinkler system.
3. Ihe installation shall be in accordance with the standards set forth in
National Fire Protection Association Panphlet 13.
July 11, 1988
Harshbarger Construction
Page 2
4. Any variation from this standard with respect to methods, materials or
coverage shall first be proposed in plans, specifications or amendments
thereto.
Please contact this office should you require additional information.
MICHAEL SMITH
Fire Marshal
c: Fire Chief
Building Official
RICHARD L. FIFER
Executive Director
July 5, 1988
Chris Salomone
Housing and Redevelopment Director
City of Carlsbad
2965 Roosevelt Street
Suite B
Carlsbad, Ca 92008
BOARD MEMBERS
ANN J. KULCHIN, Chairman
City of Carlsbad
SCOTT BARNETT, Vice-Chairman
City of Del Mar
RICK SHEA
City of Encinitas
DOUG BEST
City of Escondido
SAM WILLIAMSON
City of Oceanside
JOHN MacDONALD
San Diego County Board of Supervisors
F.H. "CORKY" SMITH
City of San Marcos
CELINE OLSON City of Solana Beach
NANCY WADE
City of Vista
Dear Mr. Sai6mone:
I have received and reviewed the Village Faire project as it relates
to temporarily removing the bus transfer to the north side of Grand
between Wasliington and Carlsbad Blvd. As currently designed
there appears to be insufficient bus parking availability due to the
number of driveways existing and proposed for the new site. If
there were some way to combine or relocate some of these driveways
perhaps we could develop a temporary solution until the depot area
is complete.
On the depot issue I have contacted Steve Ron at the County of San
Diego Department of Public Works, and asked him to send you a draft
work agreement for the development of the Transit Center. Hopefully
this will be sent out shortly. If I can be of any further assistance
in resolving the potential temporary relocation of the transfer location
please contact me.
Sincerely,
Paul W. Price
Director of Service Development
PWP:SB
cc: R. Fifer
A. Kulchin
V ^xs
San Diego Gas & Electric ^% ^'9^^
NORTH COAST DISTRICT JURB 17 1988 ^'^N
5315 AVENIDA ENCINAS • CARLSBAO. CA 92008 ' ''^
(619) 438 6000 '• 0/^
FILE NO.
PLA 520
MOPAC 56702
Mr. Cliff Moyer
Harshbarger Construction
5928 Pascal Court
Carlsbad, CA 92008
Dear Cliff:
Subject: Village Faire
Thank you for the required plans to design the gas and electric system to
serve the above project.
In addition to the facilities to serve your project, an overhead electric line
will need to be converted to underground. The conversion will be designed in
compliance with the City of Carlsbad Subdivision Ordinance. As we discussed,
your new underground system will not be energized until the conversion is
completed.
You should be aware that all existing overhead electric facilities within the
conversion area normally remain until the new underground system is completed.
If these overhead facilities conflict with your new improvements and you
cannot postpone the installation of those improvements until after our
electric system is completed, you should notify us as soon as possible.
In order to proceed with a cost estimate of the conversion required, we will
need an engineering fee of $1,028.00, which includes $243.00 tax. Please send
your check to our District Accountant in the enclosed envelope. This
engineering fee will be applied to the total cost of the job when it is quoted
at a later date.
After sending us the engineering fee, we will schedule the engineering for the
conversion and service to your project. Please allow twelve weeks for us to
complete the preliminary design and estimate. A final estimate will be
completed within two weeks after you approve the preliminary design.
This cost quotation is subject to change 30 days from the date of this letter
due to the increasing cost of labor and material.
Pursuant to Resolution G-2716, dated February 11, 1987, effective on and after
February 11, 1987, all Contributions to the utility, including Contributions
in Aid of Construction (CIAC), made pursuant to the utility's tariffs shall
include a cost component to cover the utility's estimated liability for
Federal Income Tax resulting therefrom.
Cliff Moyer -2- June 17, 1988
If I may be of further assistance or if you have any questions, please call me
at the number listed below. Our hours are from 7:00 a.m. - 4:00 p.m., Monday
through Friday.
Sincerely,
Michele Jones
Service Planner
Telephone: (619)438-6048
/kk
Enclosures
cc: District Accountant
City of Carlsbad
Neiman's Restaurant
STEPHEN M. L HEUREUX
ATTORNEY AT LAW
810 MISSION AVENUE. SUITE 201
POST OFFICE BOX 458
OCEANSIDE. CALIFORNIA 92054
TELEPHONE (619) 722-1306
April 13, 1988
Mr. Chris Salomone
Director, Department of
Housing and Redevelopment
CITY OF CARLSBAD
2965 Roosevelt St., Ste. B
Carlsbad, CA 92008
Re: The Village Faire
RP 87-11 - Resolution 097
Dear Mr. Salomone:
This letter is to memorialize a number of decisions reached
at the meeting of April 11, 1988 between yourself, Assistant City
Attorney Ron Ball, Steve Densham and myself as to the meaning and
implementation of Conditions No. 11, 36, 46 and 47 of Resolution
097.
At the meeting there was a general consensus that the first
sentence of Condition No. 11, dealing with the establishment of a
tenant's association and "corresponding covenants, conditions and
restrictions," is unclear, and perhaps is not needed in this
factual context. Nevertheless, there was agreement that the true
concern of the City is expressed in the last sentence of the
Condition dealing with all deliveries being made prior to 10
a.m., and that the employees park off-site or in the Grand Ave.
parking lot. As to Condition 36, the parties recognized that
since all of the property is owned by the same entity, there may
be legal problems in granting access easements as are apparently
contemplated by that Condition.
Acknowledging that it is not the City's intention to
withhold building permits over these two relatively minor issues,
it was agreed that my submittal to you and Mr. Ball of a draft
Agreement providing a mechanism to address these issues will be
sufficient at this time so that the parties can defer final
resolution until a time prior to occupancy. Accordingly, please
find for your review a modified draft of the Agreement that was
discussed at the meeting. I have included the additional
language suggested by Mr. Ball that the Agreement will not be
substantially modified without the consent of either the
Redevelopment Director or the City Attorney, and that the City
Mr. Chris Salomone
Page 2
April 13, 1988
reserves the right, but is not otherwise obligated, to enforce
any of the terms and conditions set forth in the Agreement.
Further, this letter will acknowledge on behalf of the
applicant that by allowing it to obtain a building permit without
the final resolution of these issues, the City has not in any way
waived or relieved the applicant of the duty of complying with
either of these two conditions, nor shall it in any way obtain
any vested right by being allowed to proceed with construction
prior to the execution of the Agreement, or otherwise resolving
these issues to the satisfaction of the City.
Condition 46 is to be satisfied by the applicant's execution
of a standard Engineering Department hold-harmless agreement
which will be obtained from them.
Condition 47 requires that prior to the issuance of the
building permits, certain encroachments easements are to be
granted to the City of Carlsbad. Inasmuch as these easements and
their legal descriptions need to first be prepared by the
Engineering Department, it has been agreed that if they are not
otherwise available at the time that the applicant seeks its
building permit, then this condition will be deferred until the
easements have in fact been prepared. At that time the applicant
will be required, after appropriate review and approval, to
execute the same and deliver them to the Engineering Department
for recordation.
If any of the matters set forth in this letter are not in
accordance with your understanding, or that of Mr. Ball's, please
contact me immediately. Otherwise, the applicant will conclude
that insofar as the above enumerated conditions are concerned,
they will be handled as set forth in this letter.
Finally, this will confirm that the leases for the Grand
Ave. parking lot have been fully negotiated and, except for some
minor revisions that you wish to have reviewed by the City
Attorney's office, the documents are in a form ready for
signature. In light of this, the fact that these leases may not
be signed by the time that the applicant requests its building
permit, will not delay or otherwise prevent the issuance of the
permit, as the execution of these leases are now totally outside
the applicant's control.
Mr. Chris Salomone
Page 3
April 13, 1988
Thank you for your continued assistance and help with this
project.
Very truly yours,
Stephen M. L'Heureux
SML:ck
Enclosure
cc. with enclosure:
Ronald Ball
Steve Densham
MARCH 18, 1988
TO: REDEVELOPMENT DIRECTOR
FROM: DEE LANDERS D\r
SUBJECT: RP 87-11, JviLLAGE FAIRE
City ot Carlsbad
Housing and
Planning and Engineering staff is currently reviewing the
proposed grading plan for Village Faire. In reviewing the
approved conditions there are several items that are still
unclear. Please send a written memo giving us direction on the
following items:
1. Grand Avenue Parkina Lot. I understand there has been
a change in the proposed lease agreement but I am
unaware of the final outcome. Would you please send me
a summary of the agreement for the staff report and a
copy of the lease for the file.
2. Bus Transit Relocation. Condition No. 39 requires the
applicant to make design provisions for a bus transfer
station (to accommodate four buses) on Grand Avenue if
an agreement has not been reached with North County
Transit. Please send us some form of verification that
this has taken place.
3. Local Coastal Development Permit. At this time I am
beginning to prepare the coastal permit, however, I
need written direction from you regarding the Coastal
Commission's decision on the Local Coastal Plan
amendment.
You should be aware that during the first review of the grading
plan the applicant redesigned a section of the Carlsbad Boulevard
parking lot. In addition, the parking requirement was short by
15 spaces. This means unless the plan is redesigned to comply
with the approved plan that it would have to go back to the
Design Review Board as an amendment.
I would appreciate having a written response from you on these
issues as soon as possible. This will allow an expeditious
processing of the plans. In the meantime, I will continue
working on the coastal permit.
AL:af
c: Marty Orenyak
Michael Holzmiller
Mike Howes
Walter Brown
HOUSING AND REDEVELOPMENT REDEVELOPMENT OFFICE
2965 Roosevelt Street
Suite B
Carlsbad, CA 92008
(619) 434-2811
QlttQ 0f (Earlabaa
February 25, 1988
Stradling, Yocca, Carlson and Rauth
Attn: Tom Clarke
Union Bank Building
Suite 1600
Newport Beach, Ca. 92660
SUBJECT: CHANGESTOimSE AGREEMENT VILLAGE FAIRE PROJECT
The following are the suggested changes to Ground Lease
between Catherine F. Christiansen and T.I.O-T.I.L.(revised
copy dated 02/20/88, 2730r/2410/00).
1. Note; All changes are minor, none a deal breaker,
respect your advice on them.
2. Same changes apply to lease with RALPH BURNETTE insert
4200 square feet for parcel size.
Page 1: 1.1 General. followinq, square feet of land... add
subject to verification
Page 2: 4.1 Rent. followina. Commencement Date the sum of,
add; ($5,126) per month...
followina. Section 4, for a minimum annual rent of, add:
($61,512)...
followina. Commencement Date together with..add: first full
calendar...
Page 14: 5.2 Exclusions. Add; Tenant pays only increase in
taxes caused by its use.
Page 16: Approval of Plans: Delete: Within fifteen (15)
days after the Effective Date,... Add; Tenant shall deliver
to the City sufficient complete sets of detailed....
Page 17: Add; ...Building Plans within 180 days from the....
Page 20: Utilities; Delete; ...word effective on first
line and replace with; commencement. Followina: Tenant
shall install...delete; on the premises.
TOM CLARKE
STRADLING, YOCCA, CARLSON, AND RAUTH
FEBRUARY 25, 1988
PAGE 2
Page 25; 11.1 Liability Insurance; Replace wordina: "five
million" to read one million.
Page 26: 11.2 Propertv Insurance; Delete section,.
Page 28; 12.1 Non-Termination and Non-Abetment. Add;
Unless aforementioned renders premises totally unusable.
Page 41: Intentionally Omitted: ?
Page 44; Intentionallv Omitted; ?
Page 46; Attomev's Fees; ? Each party pays its own fees ?
Page 50; Signature Block for Tenant should read as follows;
"TENANT"
T.I.O. - T.I.L., a Califomia
limited partnership
By; DHW. GENERAL PARTNER
By; Robert B. Burke
Stephen W. Densham
David L. Harshbarger
SIGNATURE BLOCK ON BURNETTS! T.TCAST!;
By: RALPH F. BURNETTE, JR.
STHADLING, YOCCA, CARLSON 8C RAUTH
FRITZ R. STRADLING
NICK E. YOCCA
C. CRAIG CARLSON
WILLIAM R. RAUTH III
K. C. SCHAAF
RICHARD C. GOODMAN
JOHN J. MURPHY
THOMAS P. CLARK, JR.
BEN A. FRYDMAN
DAVID R. M<:EWEN
PAUL L. GALE
RUDOLPH C. SHEPARD
ROBERT J. KANE
M. D. TALBOT
BRUCE C. STUART
DOUGLAS F. HIGHAM
E. KURT YEAGER
ROBERT J. WHALEN
ROBERT E. RICH
PETER J. TENNYSON
THOMAS A. PISTONE
SCOTT E. M'CONNELL
RANDALL J. SHERMAN
BRUCE W. FEUCHTER
MARK J. HUEBSCH
KIRK F. MALDONADO
KAREN A. ELLIS
ELIZABETH C. GREEN
ERNEST C. BROWN
BRUCE O. MAY
PEOI A. GROUNDWATER
DONALD J. HAMMAN
MICHAEL A. ZABLOCKI
JOHN J. SWIGART, JR.
NEILA R. BERNSTEIN
CELESTE STAHL BRADY
CHRISTOPHER J. KILPATRICK
MARK W. DUVOISIN
V. ALAN BERGFELD
JOEL H. GUTH
JULIE M. M=COY«
DAWN C. HONEYWELL
LAWRENCE B. COHN
PERRY J. TARNOFSKY
ROBERT A. WILSON
JOHN D. STEINBERG
ROBERT C. FUNSTEN
• MCMBCR OF TEXAS BAR ONLY
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
660 NEWPORT CENTER DRIVE, SUITE ISOO
POST OFFICE BOX 7680
NEWPORT BEACH, CALIFORNIA 92060-6441
TELEPHONE (714) 640-7035
JOHN E. BRECKENRIDGE
RENA C. STONE
or COUNSEL
TELECOPIER
(7I.») 6.40-7332
(714) 840-7335
January 21, 1988
Mr. Chris Salomone
City of Carlsbad
Redevelopment Agency
1200 Elm Avenue
Carlsbad, California 92008
BY FEDERAL EXPRESS
Re: Village Faire Ground Leases
Dear Mr. Salomone:
Pursuant to Tom Clark's instructions, enclosed are
drafts for the two above-referenced ground leases for parking
lots.
After you have had an opportunity to review these
drafts, please do not hesitate to call Tom or me at your
convenience.
Sincerely,
M. D. Talbot
MDT/ro
enclosures
c - Thomas P. Clark, Jr., Esq.(w/encls.)
Celeste S. Brady, Esq.(w/encls.)
f
(VILLAGE fAiRE)
POST OFFICE BOX 1575 • CARLSBAD. CALIFORNIA • 92008 - 0252 • 619 /434 -3522
September 30, 198?
Kay Christiansen
Fennel & Christiansen Realtors
2796 Carlsbad Blvo.
Carlsbad, Ca. 92008
Dear Kay,
Thank you for taking the time to meet with me yesterday regaraing
the possible leasing of your property. As a result of meeting
with you I would like to ask you to consider the following:
1. I believe I understand your strong desires to
provioe the Carlsbad Historical Society an income stream that
will insure that that group can carry its function into the
future. To that end, I'd think you'd agree, that a lease
arrangement with The Village Faire will see your wishes come to
fruition in the shortest period of time.
2. I would like you to consider accepting the lease
terms that you had originally outlined in your letter of
September 19&6. They are as follows:
Rent - The minimum monthly rent for both parcels
would be $^500 per month with an annual cost of living adjustment
adjustment at the beginning of the third year and each year
thereafter. This is a 9% annual, 9.5% effective return on a $23
per sqft. lana value. As we both know lana is only as valuable as
what can be built on it.
The parcel that the city purchased for $26 is a square, more
easily developed parcel. We haa the Twin Inns property listea for
sale, as you are aware, ana receivea no offers near $26. The
irregular configuration of your two parcels causes poor
utilization for parking i.e.; two ariveways are requirea, back-up
areas, larger than normal aisleways etc.
We both know the current political situation in Carlsbaa is
making it less attractive to potential users of your parcels
for who knows how long.
Term- 1 woula like to have a lease for a perioa
of forty-nine (^9) years. Obviously there are many ways to
structure the initial term ana extensions, ana I woula work to
cooperate with your aesires.
Lease Commencement Date - The lease commencement
wouia be contingent on all necessary approvals, construction
financing ana the issuance of occupancy permits from the City. In
short, we woula start paying the monthly rent when we began using
the property.
Other - The sections covering Premises, Increase
in Taxes, Maintenance & Utilities, Improvement of Premises,
Assignment & Subletting, Indemnity and Structure are acceptable
as presented. These would be workea out with the City in the
sublease.
Kay, you ana I have been involvea in many activities together in
Carlsbad, and I feel we share a common purpose. I feel we both
have a window of opportunity to see our visions bear fruit. I
would ask you to strongly consider my proposal in that light.
Sincerely yours,
C
S.WI Densham
General Partner
cc/
C. Salamone
October 22, 1987
Mr. Chris Salomone
Director of Redevelopment
City of Carlsbad
2965 Roosevelt Street
Suite B
Carlsbad, CA 92008
Dear Chris:
As you will recall, at our last meeting we discussed the Grand and
Washington transfer point and alternatives. At the meeting, it was
agreed that the Lutheran Home site and the existing transfer point
location were the only viable locations in the short term, and that
you would be in contact with the Lutheran Home to explore that option.
On October 13, I received a call from Ms. Cratty, in your office.
Apparently, the Lutheran Home is opposed to relocation of the transfer
point to that site.
Based on this information, and our previous meeting, NCTD plans to
continue to use the Grand & Washington site for the time being,
unless the City has additional alternatives to explore. In the
longer term, if Prop. A passes on November 3, we will start planning
for the possible use of the Depot site as a new, permanent transfer
point, per our discussion.
Please let me know if the City has some additional proposals on this
subject.
Sincerely,
Thomas Lichterman
Manager of Operations and Planning
cc: Ann Kulchin
Richard Fifer
Paul Price
TL:lr
1 ' Soufb Tre fTh
MEMORANDUM
DATE; OCTOBER 21, 1987
TO; DESIGN REVIEW BOARD
FROM; REDEVELOPMENT OFFICE
SUBJECT: RP 87-7 - VILLAGE FAIRE PROPOSED CHANGED TO
CONDITIONS.
PLANNING
Condition No. 25 - Remove words dedicate or (Easements will
satisfy this requirement while keeping the property on
private tax roles)
Condition No. 30 - Remove words North Countv Transit
District (2 places) replace with Desian Review Board.
ENGINEERING
Condition No. 45 - Remove word dedicate (2 places) replace
with arant encroachment easement for
Option No. 47 - If the City Council has authorized City
staff to proceed with the construction of the Downtown
Streetscape Project (Elm Avenue and Carlsbad Boulevard) and
committed funds for the purpose of constructing said
streetscape project the developer shall be solely responsible
for all those improvements cited in Engineering condition 46
that are not included in said streetscape project.
CS:al
MEMORANDUM
DATE: OCTOBER 21, 1987
TO: DESIGN REVIEW BOARD
FROM: PLANNING DEPARTMENT
SUBJECT: RP 87-7 - VILLAGE FAIRE
The following conditions should be added to the resolution of
approval (Design Review Board Resolution No. 106) for Village
Faire, RP 87-7.
Plannina
A detailed sign program for the proposed development shall
be submitted to the Planning Director for his review and
approval prior to occupancy of any building. No pole signs
shall be allowed.
Enaineerina
If an agreement is not reached on a new bus transfer
location then it shall remain on the south side of Grand
Avenue in which case the developer shall make design
provisions for a bus transfer station on Grand Avenue
adjacent to this project prior to the issuance of any
building permits. This facility shall accommodate a total
of four (4) buses. The developer shall be responsible for
the design and construction of this facility to the
satisfaction of the City Engineer.
AML:bjn
NENORANDUN
October 21, 1987
TO: ASSISTANT PLANNING DIRECTOR
FROM: ASSISTANT CITY ENGINEER 0^
VILLAGE FAIR (RP 87-11)
We have reviewed the comments and concerns expressed by the City Attorney in
his memo to you dated October 14, 1987, and have prepared the following
responses for possible inclusion in the staff report.
Item 2 discussion and justification for the dedications and fees required by
Conditions 25, 42, 44, and 45, (present Conditions 25, 43, 45 and 46).
Condition No. 25 was requested by the redevelopment director in order to
implement one of the design features of the proposed streetscape plan.
Although this dedication is not needed to satisfy engineering requirements or
the requirements of the circulation element it was deemed an important feature
for the downtown redevelopment and beautification program.
Condition No. 43 requiring additional drainage easements and facilities as
required by the City Engineer is a standard condition placed on all
developments. Since detailed drainage plans are not normally submitted at the
discretionary approval stage, this condition provides the City Engineer the
flexibility of requiring additional facilities and easements, should detailed
engineering analysis indicate their need.
Condition 45 and 46 require dedication and improvement of right of way along
public street frontages and along Washington Street. Additional right-of-way
along Elm Avenue and Carlsbad Boulevard is required to bring the dedication of
these streets into conformance with City Standards and the Circulation Element.
Dedication and improvement of these street frontages is required pursuant to
Section 18.20 of the Municipal Code prior to issuance of a building permit.
The additional right of way required adjacent to Washington Street is being
required to accommodate the installation of right angle parking spaces on
Washington Street which are needed to satisfy project parking requirements.
Item 7 It is suggested we add the following sentence after the second
sentence of Condition No. 47 and before "The option ":
The estimate provided by the Developer's Engineer shall be approved
by the City Engineer prior to payment of the funds.
In addition to the City Attorney comments we have received a copy of the letter
from the Costa Real Municipal Water District dated October 20, 1987. Though
October 21, 1987
VILLAGE FAIR (RP 87-11)
Page: 2
Standard Condition No. 49 requires that all rules, regulations and design
requirements of the water agency must be complied with we suggest the following
additional condition be added to alleviate their concerns.
Prior to approval of any building permit for the site the applicant shall
submit appropriately engineered calculations to the Water District to assure
adequate capacity for domestic, landscaping and fire flow demands. The
applicants engineer shall meet with the District Engineer and the Carlsbad Fire
Marshall prior to preparation of the water system improvement plans.
Regarding the District request to install the system prior to completion the
streetscape project no special condition is necessary. The City is in control
of this project and will coordinate with adjacent land owners and make the
necessary stub outs for future needs.
DAVID HAUSER
Assistant City Engineer
DH:rp
c: Planning Director
District Engineer Costa Real Municipal Water District
Steve Jantz
Dee Lunders
STATE OF CAUFORNIA—OFFICE OF THE GECRGE DEUKMEJIAN, GoMmor
OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREIfT ..
SACRAMENTO, CA 95814
Michael Holtzmiller
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
October 19, 1987
Subject: Village Faire RP87-7
SCH# 87091620
Dear Mr. Holtzmiller:
The State Clearinghouse submitted the abcve named aivironmeatal docuneat to
selected state agencies for review. The review period is closed and none oi
the state agencies have conments* This letter acknowledges that yoa have
complied with the State Clearinghouse review requirements for draft
environmental docum«its, pursuant to the CBilifomia Environmental Quality
Act*
Please call Glenn Stober at 916/323-7480 if you have any questions regarding
the environmental review process • When contacting the Clearinghouse in this
matter, please use the eight digit State Clearinghouse number so tbat we may
respond promptly.
Sincerely,
David C« (toenkan^
Chief
Office of Permit Assistance
October 14, 1987
^'^^OFpuiyr , ,
^ fl Oh;.,,... -^^Ul
TO: Assistant Planning Director j!'-oi
FROM; City Attorney >
VILLAGE FAIRE (RP 87-11)
As we discussed in our telephone conversation of Wednesday,
October 14, 1987, I suggested some modifications to the
proposed staff report as follows;
1. The title of Design Review Board Resolution No. 106
should be changed to recommend approval of the
redevelopment permit to the Housing and Redevelopment
Commission. Correspondingly, paragraph (B) should be
changed to recommend approval of RP 87-11 to the
Housing and Redevelopment Commission.
2. The staff report should include a discussion of and
justification for the dedications and fees required
by condition numbers 25, 42, 44 and 45.
3. Only the Housing and Redevelopment Commission may
grant an exemption to the number of required parking
spaces and, provided it finds there is sufficient
public parking within a reasonable distance as
provided by the City or other governmental agency or
when the subject property is within a parking
district and the Commission believes that sufficient
parking will be provided within a reasonable time by
the City or other public agency, in accordance with
Section XI of the Village Design Manual (page 11).
I would offer these additional comments:
4. The CC&R's for this project should be approved by the
City Attorney.
5. There should be a discussion of the requirement of
paying school fees to mitigate conditions of
overcrowding as required by condition number 7.
6. Condition numbers 19, 20 and 21 should consistently
refer to the "Certificate of Occupancy".
7. Condition number 46 should require that the estimate
provided by the developer's engineer be approved by
the City Engineer.
8. Exhibit "X" proiect summary should refer to the VR
zone and not the CT zone. The terms and conditions
-2-
of the proposed lease for parking in alternative A
should be discussed. The consequences to the
developer if, for any reason, the lease is terminated
should additionally be discussed.
For future reference, the project description in the corrected
negative declaration should be more specific, e.g. A 69,^00
square foot specialty retail shopping center on a 3.66 acre
site.
I appreciate your prompt attention to these matters.
RONALD R. BALL
Assistant City Attorney
rmh
PLANNING DEPARTMENT
2075 LAS PALMAS DRIVE
"CARLSBAD, CALIFORNIA 92009-4859
(619)438-1161
Citp of CarlAbab
October 6, 1987
DHW Ltd.
640 Grand Avenue
Carlsbad, California 92008
SUBJECT: RP 87-11 VILLAGE FAIRE Preliminary Staff Report
The preliminary staff report for the above referenced project
will be available for you to pick up on Friday, October 9, after
8 a.m. This preliminary report will be discussed by staff at the
Development Coordinating Committee (D.C.C.) meeting which will be
held on October 13, 1987. A twenty (20) minute appointment has
been set aside for you at 9:00 a.m. If you have any questions
concerning your project, you should attend the D.C.C. meeting.
It is necessary that you bring your req[uired colored exhibit (s)
with you to this meeting in order for your project to go forward
to the Planning Coimiiission. If you do not plan to attend this
meeting, please make arrangements to have your colored exhibit(s)
here by the scheduled time above.
If you need additional information concerning this matter, please
contact the Planning Department at 438-1161.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
By; HMLfc^
Planning Department
MJH;dm
PLANNING DEPARTMENT
^ 2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 438-1161
Citp of Carlsfaab
October 6, 1987
TIO/TIL
2978 Carlsbad Boulevard
Carlsbad, California 92008
SUBJECT; RP 87-11 VILLAGE FAIRE Preliminary Staff Report
The preliminary staff report for the above referenced project
will be available for you to pick up on Friday, October 9, after
8 a.m. This preliminary report will be discussed by staff at the
Development Coordinating Committee (D.C.C.) meeting which will be
held on October 13, 1987. A twenty (20) minute appointment has
been set aside for you at 9:00 a.m. If you have any questions
concerning your project, you should attend the D.C.C. meeting.
It is necessary that you bring your required colored exhibit(s)
with you to this meeting in order for your project to go forward
to the Planning Commission. If you do not plan to attend this
meeting, please make arrangements to have your colored exhibit(s)
here by the scheduled time above.
If you need additional information concerning this matter, please
contact the Planning Department at 438-1161.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
By; ^ . No-A^
Planning Department
MJH;dm
PLANNING DEPARTMENT
2075 LAS PALMAS DRIVE
•I^RLSBAD, CALIFORNIA 92009-4859
(619)438-1161
Citp of Carlsfaab
October 6, 1987
Glenn Stober
State Clearinghouse
1400 10th Street, Room 121
Sacramento, California 95814
RE; SCH 87091620, VILLAGE FAIRE RP 87-11
Dear Mr. Stober:
This letter is to inform you that the project listed above
previously received an incorrect file number by the City.
The project file was identified as RP 87-7, and it should
have been identified as RP 87-11. Please correct your files
to reflect this change.
Thank you.
ADRIENNE LANDERS
Associate Planner
AML:dm
. . ,-,..4'. •
September 3, 1987
SEP 19BT
PLANNINGDEPARTMENT
(MTY OF CARLSBAO
Ms. Dee Landers
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
RE: Application No. RP-87-7, Retail Shopping Center
Dear Ms. Landers:
North County Transit District has reviewed the above referenced
plans for a retail shopping center with regard to public transit
services. The District has several concerns regarding the planned
shopping center. An overview of the District's current operations
at Grand Ave. and Washington St., comments regarding District
concerns and possible methods of addressing District concerns
follows:
1) NCTD uses approximately 200 feet of red curbed area on
the south side of Grand Avenue just west of the inter-
section of Washington Street as a passenger transfer
point. NCTD buses traveling the coastal corridor northbound
to Oceanside and southbound to La Jolla connect with
the two local Carlsbad routes at this transfer point
every thirty minutes throughout the service day. Approximately
700 persons board or alight NCTD buses at Grand Avenue
and Washington Street daily.
2) The location of the transfer point at Grand Avenue and
Washington Street is a major factor in providing effective
transit service to the City of Carlsbad for several reasons.
First, the Los Angeles to San Diego Rail Corridor Study
Draft Report dated March 17, 1987 identifies Elm Avenue
as a station to be served by Commuter Rail. Commuter
Rail is slated to be implemented in the corridor in 1990.
With the District's transfer point located adjacent to
the Commuter Rail Station, more convenient travel opportunities
will be offered to residents.
Secondly, NCTD operates a timed transfer system which
means all routes that connect at Grand Avenue and Washington
Street do so at the same time. Change in transfer point
location would result in a rescheduling effort. As a
result, timed transfers may not be possible and passengers
may be forced to wait to make connections. In this case
Ms. Dee Landers
Page Two
September 3, 1987
public transit would become a less attractive transportation
alternative.
Thirdly, the transfer point's close proximity to the
downtown area is convenient for shoppers and persons
employed downtown.
3) As currently planned, the retail shopping center presents
two areas of concern to the District.
First, NCTD buses currently access the transfer point
from Carlsbad Boulevard by traveling east on Grand Avenue.
Buses returning to Carlsbad Boulevard travel south on
Washington Street and west on Elm Avenue.
It is the District's understanding that Washington Street
will be closed to traffic between Elm Avenue and Grand
Avenue. As an alternative, buses returning to Carlsbad
Boulevard via Elm Avenue could travel East on Grand and
South on State Street. The District is concerned about
traveling on State Street due to the narrow width of
State Street and the on street parking.
Another routing alternative would entail traveling north
on Washington Street, west on Christiansen or Beech to
Carlsbad Boulevard. The District is concerned about
buses turning left onto Carlsbad Boulevard from either
of these nonsignalized intersections.
Secondly, the District is concerned about auto access
from the shopping center parking lot to Grand Avenue.
Conflicts between buses pulling into the transfer point
and autos entering and exiting the center may occur frequently.
The District would request that the parking lot access
to Grand Avenue be eliminated.
4) Due to the heavy boarding and alighting activity at Grand
Avenue and Washington Street, passenger amenities are
in order. Passenger shelters, well designed pedestrian
access including curb cuts and lighting would be appropriate
for a transfer point of this size.
5) The County of San Diego is currently conducting an Alternatives
Analysis in an effort to find a location for a permanent
transit center in the City of Carlsbad. This location
will need to be adjacent to the Santa Fe tracks near
the downtown area. Redevelopment of the existing Santa
Fe Depot and adjacent parking area is an alternative
Ms. Dee Landers
Page Three
September 3, 1987
to be considered. The permanent transit center, once
constructed, will eliminate the need for the transfer
point located on Grand Avenue.
The City may wish to consider continuing to use Washington
Street for through traffic until the above referenced
transit center is completed. At that time, planned parking
for the shopping center could be placed on Washington
Street.
Please find enclosed a copy of a letter sent to Mr. Charles Grimm,
Principal Planner for the City of Carlsbad dated February 22,
1984. This letter also states concerns regarding the transfer
point on Grand Avenue.
North County Transit District staff looks forward to working with
the City of Carlsbad in addressing City concerns and NCTD's concerns
regarding the shopping center plans and transfer point. Please
feel free to contact me should you require additional informtion.
Sincerely,
Thomas Lichterman
Manager of Operations and Planning
Enclosure
cc: Chris Salomone, Redevelopment Director
Marty Orenyak, Community Development Director
Dick Fifer
Paul Price
PLANNING DEPARTMENT
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 438-1161
Citp of Carlsbab
August 26, 1987
Dave Harshbarger
TIL/TIO
2978 Carlsbad Boulevard
Carlsbad, California 92008
RE; RP 87-7, VILLAGE FAIRE
Dear Dave:
Planning and Engineering Department staff have reviewed the
application you submitted for the above-referenced project.
Based upon this review, it has been determined that your
application is incomplete.
Basically, you will need to provide engineering-related types of
information which are necessary to thoroughly analyze the
project. Most of these items were given to you at our meeting on
August 10, 1987; however, I have attached a list with this
letter.
On August 20, 1987, Steve Jantz and I met with Pat 0»Conner from
Austin-Hansen-Fehlman to discuss the proposed streetscape plan
and the impacts it will have on your project. From our review,
it appears there will have to be a few site plan revisions to
accommodate the increased traffic on Washington. Due to the
median placement, a large amount of traffic headed toward the
Village Faire will be required to enter from this street.
When you have assembled the required information, please submit
it to either Steve or myself. Feel free to call either one of us
if you have any questions, particularly regarding the design
changes in the parking lot and on Washington Street.
Sincerely,
ADRIENNE M. LANDERS
Associate Planner
AML;dm
Attachment
cc: Steve Densham
Steve Jantz
•
August 26, 1987
TO: DEE LANDERS
FROM; Marty Bouman
RP 87-7, VILLAGE FAIRE
With respect to the commercial development planned for the
subject project, there appears to be no major traffic impacts
over and above those previously anticipated and planned for.
Several previous traffic studies have concluded that
intersections in the vicinity, such as Carlsbad Boulevard and
Carlsbad Village Drive, State and Carlsbad Village Drive,
State and Grand, and Carlsbad Boulevard and Grand will
operate in the future at peak hour levels of service no lower
than C. Those studies were based on commercial land use of
the property similar to that included in this project.
It is predictable that there will be some points of traffic
conflict and safety concerns. Specifically, these are at
Washington and Carlsbad Village Drive, Washington and Grand,
at the Grand Avenue access point to the project, where
vehicular traffic will enter and leave, and where pedestrians
will also be tempted to cross the street going to and from
the parking lot on the north side.
However, traffic engineering analyses by the City staff
indicate that such conflicts can be mitigated through onsite
circulation design, through one-way flow, median
construction, and movement restrictions on the public street.
The improvements necessary to bring about such mitigation
will be conditioned on the developer.
MB; dm
August 13, 19^^
TO: DEE LANDERS
FROM: STEVEN JANTZ
RP 87-1 VILLAGE FAIRE
The site plan for the above mentioned project as submitted does
not have adequate information to review for engineering concerns.
The following documents and information on the plan must be
presented prior to preparing conditions for the approval of the
proposed project:
1) Proposed grading concept including
a) Finish Floor Elevations
b) Retaining Walls (if any)
c) Grading Quantities
d) Slope Locations
2) Show existing and proposed street cross sections
3) Show location of existing utilities with type and sizes
4) Show existing and proposed public improvements
5) Proposed drainage improvements
6) Submit copy of private road easement documents
(Christiensen)
7) Provide cross section of monument sign to conform with
corner site distance
8) Depict turning movements of delivery trucks at service
areas
9) Incorporate parking for Bully's Restaurant with Grand
Avenue Parking Lot
10) Revise circulation in Grand A.venue parking.
As soon as the above mentioned requirements are submitted and
incorporated on the site plan, engineering will then review the
proposed designapd formulate the proper conditions.
STEVEN
Associate Civil Engineer
SCJ:tls
DEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
(619) 438-5591
Citp of CarlfiUjab
DATE: sj loj 17
RE
The Community Development Director, the City Engineer and the
Planning Director have reviewed the application you submitted
for the above-referenced project. Based upon this review, it has
been determined that there are major problems associated with
your application which must be addressed before this application
can be scheduled for a hearing. The problems or issues are
listed below. Also, the name of the project planner and project
engineer is provided. You should setup a meeting to discuss the
issues with the appropriate staff member. Once the problems/
issues have been addressed, your application will then be scheduled
for a hearing.
PROBLEMS/ISSUES:
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PROJECT PLANNER:
PROJECT ENGINEER:
CITY OF CARLSBAD
0 ENGINEERING DEPARTHENT 0
PRELININARY PROJECT REVIEH CHECKLIST FOR SITE PLANS
PROJECT NAME: PROJECT ID: /^Pcg/-/
LOCATION: (^A/EC^S^n Bt^l//=>.
PROJECT ENGINEER: T^^^fTlEJl/,^ ^k/^TZ^
DATE GF REVIEW: //, MfR^^
PROJECT PLANNER: /Vg Z/y/V2^g3
ACCEPT NOT
ACCEPT
NOT
ADDRESSED
1. X
2. X
3.
4.
5.
6.
7A.
7B.
7C. 7D. X
7E. K
7r. X.
7G. 7H. X.
71.
7J.
7K. K
7L. 7M.
7N.
70.
8A.
8B.
flC. BD.
SE.
9.
10. K
H.
PLAN QUALITY COMMENTS
7.
10
11
Name and address of the owner whose
property is proposed to be devel-
oped.
Name and address of developer.
Name, address, and registration num-
ber of the Architect or Registered
Civil Engineer who is in responsible
charge of the project.
North point and scale of the plan.
Date of preparation and revision of
the plan.
The street address(es) and Asses-
sor's Parcel Number(s) of the lot(8)
proposed to be developed.
Location of the following facilities
and physical featuures, labeled
"existing" or "proposed" that are
within 100 feet of the project:
A. Driveways and Alleys
B. Street Intersections
C. Curb and Gutter
D. Sidewalks
E. Roadway Position and Name
r. Roadway Cross-Section
G. Median Islands
H. Buildings
I. Utility Facilities
J. Existing Contours: 1' intervals
for slopes less than 3S; 2'
intervals for slopes between 5S
and 10%; and 3' intervals for
slopes over 10%.
K. Proposed Contours: 1' intervals
for slopes less than 3%; 2'
intervals for slopes between 3%
and IOS; and 3' intervals for
slopes over 10!S.
L. Drainage Facilities
M. Water Courses
N, Traffic Control Facilities
0. Other Improvements (swimming
pools, retaining wall, etc.)
The location of the following
facilities and physical features
labeled "existing" or "proposed" on
theproject site:
A. Items enumerated in Item 7
abovs
Major vegetation with size and
type
Free-standing signs
Parking stalls snd facilities
Landdcaping
B.
C.
D.
E.
Location(8)
easements.
Quantities
and total
yards
A Vicinity Map
and use(s) of
of soil import, export,
quantity moved in cubic
N IA
N/A
yslSED n-n^ poucjt^ ro i/fi^'^
Costa Real
t^wV? Municipal Water District
^^^^1^ 5950 El Camino Real, Carlsbad, CA 92008
Telephone: (619)438-2722
Engineering Dept: 438-3367
DATE: August 11, 1987
TO: City of Carlsbad
Land Use Planning Department
2075 Las Palmas Drive
Carlsbad, California 92009
ATTN: Dee Landers
SUBJ: R.P. 87-7 Retail Shopping Center (Twin Inns)
CRMWD Project No. 83-C-63
The subject project has been reviewed by the District's
Engineering Department to determine the extent of District's
involvement regarding existing and proposed water system to serve
proposed project as follows:
YES NO
Are there transmission lines that affect project? ( ) (X)
Are there existing facilities that will have to be
reconstructed? (X) ( )
Are there new facilities that will have to be
constructed? (X) ( )
Are there existing District agreements that have
financial impact on the project? ( ) (X)
We have the following specific comments:
1. The entire watei* system for subject project be
evaluated in detail as assurance that adequate capacity
for domestic landscaping and fire flow demands are
addressed.
2. The Developer's Engineer shall schedule a meeting with
the District Engineer and the Carlsbad Fire Marshal and
review the preliminary water system layout prior to
preparation of water system improvement plans.
Page 2
Dee Landers
August 11, 1987
3. The City is presently preparing street improvement
plans along Elm Avenue and Carlsbad Boulevard, thus
this projects water needs must be addressed, resolved
and installed prior to street improvement installation.
Regarding fees and deposits: If applicable, the developer
will be responsible for the major facility charge and direct
connection surcharge which will be collected at time of issuance
of building permit. Please contact Mr. Jerry Whitley if you have
any questions regarding this project.
Very truly yours.
Robert Greaney
District Engineer
RG:sja
cc: Mike Smith, Fire Marshal
Dave Hauser
CRMWD 83-C-63
August 7, 1987
TO: ASSOCIATE PLANNER/DEE LANDERS
FROM: Housing and Redevelopment Director
DRB - PRELIMINARY REVIEW - VILLAGE FAIRE - AUGUST 5, 1987
It is my understanding that the following items were
determined at the above meeting;
Village Faire Application
PARKING
1 space; 250 square feet
15% mixed-use credit
2000 square feet maximum gross area for any food service
use.
9 spaces in front of Neiman's Carlsbad Boulevard
frontage will be deleted from plan to allow for
additional pedestrianization and landscaping. These 9
spaces will be subtracted from the parking requirement
for the project.
Bicycle parking will be provided on site preferably at
entrance areas.
WASHINGTON STREET
9 (T parking is acceptable
Credit for 30 spaces on east side is acceptable (public
parking)
There were no major concerns raised concerning architecture
or pedestrian orientation.
I will forward a copy of the minutes to you as soon as they
are available. Without the chickens there is no proiect.
CHRIS SALOMONE
CS:al
c: Community Development Director
Assistant Planning Director
Senior Planner/Mike Howes
4 I-
ITEM 1
DATE: AUGUST 5, 1987
TO: DESIGN REVIEW BOARD
FROM: REDEVELOPMENT OFFICE
SUBJECT: "VILLAGE FAIRE" PROPOSAL
A second review of the Village Faire retail proposal will be
presented.
Applicant will be given the opportunity to present the
updated proposal to the Board.
Staff will be present to provide input and clarify items of
concern.
This is not a public hearing and no action is required by the
Board on this preliminary review.
CHRIS SALOMONE
CS:al
ITEM 1
DATE: AUGUST 5, 1987
TO: DESIGN REVIEW BOARD
FROM: REDEVELOPMENT OFFICE
SUBJECT: "VILLAGE FAIRE" PROPOSAL jf^
A second review of the Village Faire retail proposal will be
presented.
Applicant will be given the opportunity to present the
updated proposal to the Board.
Staff will be present to provide input and clarify items of
concern.
This is not a public hearing and no action is required by the
Board on this preliminary review.
CHRIS SALOMONE
CS:al
August 3, 1987
TO: DESIGN REVIEW BOARD
FROM: Redevelopment Office
VILLAGE FAIRE PROPOSAL - APPLICANT SUBMITTAL
Attached for your review is information provided by the
applicant regarding "Village Faire" proposal scheduled for
discussion at your meeting of August 5, 1987.
The attached material will be reviewed at board meeting.
^^^^
CHRIS SALOMONE
CS:al
Attachment
REMINDER: Meeting scheduled for 3:00 pm in Council Conference
Room. Sandwich and beverage will be provided.
V
PLANNING DEPARTMENT
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 438-1161
Citp of Carlsfaab
Oune 2^, 1987
Steve Densham
P.O. Box 1575
Carlsbad, CA 92008
RE: Village Faire
Dear Steve:
Along with other staff members, I recently reviewed your plans
for the Village Faire, Your proposed development is an exciting
project due to the potential revitalization it offers to downtown
Carlsbad. The site is one of the best in the City and maybe even
in North County for this type of retail development. Its
location near the ocean on a landmarked corner provides the
opportunity to create an attractive focal point, as well as to
stimulate and attract private investment to the downtown area.
Because of the site's unique characteristics, staff believes
the proposed project should be one that also offers unique and
special features. The preliminary architectural elevations are
a good start in this direction; however, the site plan has a
number of major issues which need to be addressed. These
include the following:
1) An acceptable parking ratio
2) Parking lot on Grand Avenue
3) Parking ratio for Neimans
^) Washington Street parking
5) Bus loading and circulation
6) Trash and loading areas
7) Pedestrian orientation and circulation
8) View corridor from southeast corner of Elm and
Carlsbad Boulevard to Grand and Railroad.
9) Greater architectural detail
10) Peripheral landscaped setback to screen parked
cars
The primary issue identified with the project appears to be
providing adequate parking in relation to the building square
footage. Associated with this is the need to provide pedestrian
Oune 2^,
Page 2
1987
linkage with the businesses on Grand, State, and Elm. The
proposed project should function to stimulate the entire
downtown area rather than to siphon off business from existinq
uses.
As I mentioned earlier, the opportunity exists for this
development to be both unique and distinctive. We look forward
to working with you to create another award winning project the
City can point to with pride.
Please call me at A-38-1161 if you have any questions.
Sincerely,
Adrienne Landers
Associate Planner
AML raf
NORTH COUNTY TRANSIT DISTRICT ^mmmmmomm^
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD
February 22, 1984
Mr. Charles Grimm, Principal Planner
City of Carlsbad
Planning Department
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Grimm:
North County Transit District (NCTD) staff has reviewed the site
plans and Staff Report on the Twin Inns project (RP 84-1). We have a
number of concerns with the project, and recommend denial of the
Redevelopment Permit for the project as currently proposed.
Among our concerns are the following:
1. Presently, NCTD uses approximately 200 feet of curb space
on the south side of Grand Avenue, west of Washington
Street, as a passenger transfer point. The purpose of the
transfer point is to provide timed-transfers between dif-
ferent routes serving Carlsbad, so that passenger waiting
is minimized. Currently, there are approximately 800
passenger boardings and alightings at this location daily.
Because up to five buses must use the space simultaneously
to provide timed-transfers, the 200 feet of curb is
necessary.
The Twin Inns project, as proposed, would remove some
sidewalk area, and create parallel parking for autos where
our buses currently park. This would necessitate relo-
cating the transfer point.
2. The cost of relocation could be high, and would be at
public expense. The transfer point must be located near
the Highway 101 and A.T.S.F. railroad corridors due to
current and future route alignments. A location farther
away would require more time to access, and could require
the addition of equipment and driver resources. It costs
NCTD approximately $170,000 a year to add the service of
one bus.
3. When our buses leave the transfer point, they continue east
on Grand, then turn right onto Washington Street. They
turn right again at Elm, and continue their routes.
303 Via Del Norte • Oceanside, California 92054 • Phone (619) 433-8202
- 2 -
The project would close Washington Street completely, to
through traffic (both bus and auto), and would create a
private driveway and parking area fo*^ the Hotel. Buses
would have to be re-routed to State Street to make a turn-
around. In addition to the added time this would take,
there would be an increased potential for accidents due to
diagonal parking on State Street.
4. The project, as proposed, could severely hinder or elimi-
nate future light-rail transit service at this location.
San Oiego Association of Governments (SANDAG) has iden-
tified the A.T.S.F. railroad corridor as part of the future
regional light-rail transit system. In planning studies
conducted by SANDAG, Metropolitan Transit Development Board
(MTDB), and NCTD staffs, a downtown location in the vici-
nity of Grand and Washington has been identified as a light
rail station site. This site was chosen because of its
current proximity to the rail line, existing nearoy bus
transfer point to provide feeder service, and close proxi-
mity to downtown Carlsbad.
The Twin Inns project would use much of the existing nearby
undeveloped land (Rotary Park, Washington Street) for a
private driveway and parking area. The potential for a bus
and rail loading platform on Washington Street would be
eliminated, forcing use of less desireable, more costly
station options.
For these reasons, NCTD opposes the Twin Inns project as currently
proposed. However, our staff is willing to work with the City and
the developer to modify the project in a manner beneficial to all.
Through a similar process, the re-developed Cardiff Towne Center was
modified to provide a transfer terminal for NCTD, as well as benefits
for the developer. We feel a similar modification is possible here
that will serve Carlsbad's short-term and long-term transportation
needs.
Please let us know if any of this information requires clarification.
We look forward to working with you on the project.
Sincerely,
Paul W. Price
Manager of Planning & Marketing
cc: Richard L. Fifer