HomeMy WebLinkAbout1998-05-12; City Council; 14673; Tienda De La EsquinaCITY OF CARLSBAD -A&A BILL
AB# /yf 3 TITLE:
MTG.+‘2@qf APPEAL - TIENDA DE LA ESQUINA
TENTATIVE MAP EXTENSION
DEPT. PLN # CT 91-06x2
RECOMMENDED ACTION:
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DEPT. HD.
That the City Council ADOPT Resolution No. 9r-jY 3 DENYING an appeal of the Planning
Commission decision to approve the extension of Carlsbad Tract CT 91-06x2.
ITEM EXPLANATION:
The tract map extension was first heard by the Planning Commission on January 21, 1998,
and continued to February 4, 1998. The Planning Commission accepted extensive
testimony on February 4, 1998, and continued the project to March 4, 1998, at which time
the Commission approved the extension. By operation of law, the extension also extended
the associated permits SDP 91-06 for the overall site plan; CUP 91-04 for the gas station
and convenience market; and PUD 91-03 for the creation of “postage stamp” lots. The
effect of the extension approval allows the applicant to pursue tenants, funding and building
permits for the 50,000 square foot commercial center.
The center is located at the southeast corner of Ranch0 Santa Fe Road and Camino de 10s
Caches. Uses within the approved center are a gas station with convenience market, a
financial institution and speculative lease space for commercial retail operations.
The appeal states that the Planning Commission erred by not considering the public
testimony which included allegations that the project would be a public nuisance and project
traffic will present a safety hazard.
The Planning Commission did consider the project, the public testimony, and staff
responses prior to calling for a vote on the request. The Planning Commission determined
that the project with a gas station and convenience market would not be a public nuisance
in that the project is unlikely to attract transients, create a desirable location for school age
children and high school age children to loiter, or that the project would create excess
smoke, odor, or noise.
Staff reviewed the traffic report prepared for the project and reviewed current traffic
generation and determined that the project traffic will not degrade levels of service at the
intersections of Camino de 10s Caches and Ranch0 Santa Fe Road or Calle Timeteo. In
addition, staff has asserted that normal use of the project driveways for ingress and egress
will not create a safety hazard for pedestrians using the public sidewalks which cross those
access points.
The Planning Commission granted the extension by a vote of 6-1. Commissioner Welshons
voted to deny the extension based on the public testimony, the fact that a gas station has
been proposed on the southeast corner of La Costa Avenue and Ranch0 Santa Fe Road
and she does not believe that the applicant has been diligent in attempting to final the map.
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PAGE 2 OF AGENDA BILL NO. 4- 13 - ? 8 .
FISCAL IMPACT:
Denial or approval of the appeal will not have a fiscal impact on the City.
EXHIBITS:
1.
2.
3.
4.
5.
6.
7.
City Council Resolution No. 9 8 - 1 Y 3
Location Map
Planning Commission Resolution No. 4217
Planning Commission Staff Report, dated January 21, 1998, February 4, 1998, and
March 4, 1998
Excerpts from the Planning Commission Minutes, dated January 21, 1998, February
4, 1998 and March 4, 1998
Letter of Appeal, dated March 16, 1998
Letter from Anna Lio, dated March 18, 1998.
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RESOLUTION NO. 98-143
A RESOLUTION OF THE CITY COUNCIL OF T ll E CITY OF
CARLSBAD, CALIFORNIA, UPHOLDING A i PLANNING
COMMISSION DECISION TO APPROVE A’ CARLSBAD
TRACT MAP EXTENSION.
CASE NAME: TIENDA DE LA ESQUINA ’
CASE NO: CT 91-06x2
WHEREAS, on March 4, 1998, the Carlsbad Planning Commission
approved a three (3) year extension to a tentative tract map (CT 91-06x2) and by
operation of law granted a three (3) year extension,to the associated permits (SDP 91-
06/CUP 91-04/PUD 91-03); and
WHEREAS, the appellant on Mar 4 h 16, 1998, timely filed an appeal with i
the City Clerk; and i
/ / WHEREAS, on dq.# of , 1998, the City
i Council of the City of Carlsbad, consider said appeal; and ;
d WHEREAS, upon consid, ring the appeal, the City Council considered all
factors relating to the appeal. :’
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NOW, THEREFORE,/BE IT HEREBY RESOLVED by the City Council of
the City of Carlsbad, California, a/follows: I
1. That the above re&ations are true and correct.
2.
3.
That said appea,/is denied.
That the findings of the Planning Commission in Resolution No. 4217 on
file with the City Clerk and incorporated herein by reference constitute the
findings of the City Council in this matter.
. . .
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. . .
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the day of
vote, to wit: 3-
1998, by the following
/
AYES: : l’
NOES:
ABSENT:
ABSTAIN
CLAUDE A. LEWIS, Mayor
All-EST:
ALETHA L. RAUTENKRANZ, City Clerk
-2-
LOCATION MA
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S
NOT TO SCALE
PROJECT NAME PROJECT EXHIBIT
TIENDA DE LA ESQUINA NUMBER
CT91-06x2 I
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EXHBIT 3
PLANNING COMMISSION RESOLUTION NO. 4217
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A THREE
YEAR EXTENSION OF TIME FOR A TENTATIVE MAP AND
RELATED PLANNING PERMITS.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO.: CT 91-06x2
WHEREAS Marc Gerber, “Developer”, has filed a verified application with the
City of Carlsbad regarding property owned by Hearthstone Development Corporation,
“Owner”, described as
Parcel 1 of Map Number 13970, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, September 25,1985
as file/page no. 85255261 of official records.
(“the Property”); and
WHEREAS, the Planning Commission did, on June 5, 1991, adopt Resolution
No. 3135, approving the tentative map for a 7 lot neighborhood retail center, known as CT 91-
06, a Negative Declaration for a Tentative Map, Planned Development Permit, Conditional
Use Permit, and Site Development Plan for CUP 91-04, SDP 91-06, PUD 91-03; and
WHEREAS, if the Planning Commission approves extension of the Tentative
Map the related planning permits mentioned above will be automatically extended by operation
of law pursuant to Carlsbad Municipal Code Section 21.58.020(b); and
WHEREAS, the tentative map remained valid because of State legislative actions
that extended all valid tentative maps; and
WHEREAS, the tentative map will have expired on June 13, 1997, if not
extended. Consequently, the applicant for the tentative map, Marc Gerber, has made a timely
request for an extension of time to process toward a final map; and
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WHEREAS, the project (tentative map and related planning permits) was
reviewed for conformance with the current General Plan, Title 21, other City ordinances and
policies; and
WHEREAS, the Planning Commission did, on the Zlst day of January, 1998, the
4th day of February, 1998, and on the 4th day of March, 1998, hold a duly noticed public
hearing to consider all factors, testimony and. arguments, if any, of all persons desiring to be
heard.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Planning
Commission APPROVES the request for an extension of time for the tentative
tract map for Carlsbad Tract No. CT 91-06x2 and related planning permits (CUP
91-04, SDP 91-06, PUD 91-03) for a period of three years from June 13,1997 to
June 13, 2000, subject to all the original conditions of approval except as
modified herein; based on the following findings:
Findings:
1. That the design and improvements of the subdivision are consistent with the General Plan,
Titles 20 and 21 (CMC), other City ordinances and policies as conditioned.
2. That the subdivider is diligently pursuing those actions required to obtain a final map.
3. That the related planning permits remain consistent with current plans, policies and laws.
4. That the tentative map and related planning permits remain in prior compliance with the
original environmental documents and mitigation requirements and that no changed
circumstances or new impacts or mitigation measures will be required.
Conditions
Planning Commission Resolution No. 3 135 shall be modified as follows:
1. Finding No. 9 shall be replaced with the following:
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The project applicant shall fund a minimum of 50% of the cost of a traffic signal at
Camino de Los Caches and Calle Timiteo should a signal be warranted.
2. The following finding shall be added:
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
3. Condition No. 43 shall be modified as follows:
Approval of this tentative tract map shall expire on June 13,200O unless a final map
is recorded prior to that date.
4. Condition No. 67 is replaced with the following:
The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the “California Storm Water Best Management
Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
5. Condition No. 75 shall be modified as follows:
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. . .required by the City Engineer, the Fire Marshal and OZivenhain Municipal Water
District.
Planning Commission Resolution No. 3 136 shall be modified as follows:
6. Condition No. 3 shall be replaced with the following:
This approval shall become null and void if building permits for buildings B and C
are not issued within 18 months from the date of the final recordation of Tract Map
CT 91-06.
7. Add the following to the end of Condition No. 7:
. . . concurrent with final map.
Planning Commission Resolution No. 3 137 shall be modified as follows:
8. Add the following to the end of the first sentence of Condition No. 2:
. . . from the date of final occupancy.
9. Replace Condition No. 4 with the following:
This approval shall become null and void if building permits for the gas station and
convenience market are not issued within 18 months from the date of the final
recordation of Tract Map CT 91-06.
10. Condition No. 3 shall be amended to limit operation to the hours of 5:00 a.m. to
10:00 p.m.
Planning Commission Resolution No. 3 13 8 shall be modified as follows:
11. Replace Condition No. 3 with the following:
This approval shall become null and void if building permits for buildings B and C
are not issued within 18 months from the date of the final recordation of Tract Map
CT 91-06.
12. A safety program shall be developed and approved by the Carlsbad Police
Department prior to building occupancy.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th of March, 1998, by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy,
Nielsen, and Savary
NOES: Commissioner Welshons
ABSENT:
ABSTAIN:
BAILEY NOB@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOTZMIEER
Planning Director
PC RESO NO. 42 17 -5-
me City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. 1 0
Application complete date: June 6, 1997
P.C. AGENDA OF: January 21,1998 Project Planner: Christer Westman
Project Engineer: Ken Quon
SUBJECT: CT 91-06x2 - TIENDA DE LA ESOUINA Request for a one year extension of
the Tentative Map on property generally located at the southeast corner of Ranch0
Santa Fe Road and Camino De Los Caches in Local Facilities Management Zone
11.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4217
APPROVING a one year extension of CT 91-06 based upon the findings and subject to the
conditions contained therein.
II. INTRODUCTION
Carlsbad Tract 91-06 is a seven lot neighborhood retail center, including a convenience store and
gas station, generally located in the southeast corner of Ranch0 Santa Fe Road and Camino De
Los Caches in Local Facilities Management Zone 11. The project site contains 7.6 acres and is
within the PC Zone and La Costa Master Plan. The Applicant is requesting the Tentative Map be
extended for a one year period. This project was originally approved on June 5, 1991, per
Planning Commission Resolution No. 3 135, and was then subject to a brief tolling period which
ended on June 13, 1991. The Tentative Map was scheduled to expire on June 13, 1993, at which
time it was extended by Planning Commission Resolution No. 3535 to June 13, 1994. In
September, 1993, State Law SB 428 extended all unexpired tentative maps one time, for 2 years.
In May, 1996, State Law Al3 771 granted all unexpired tentative maps a one time 1 year
extension. The current expiration date of CT 91-06 was June 13, 1997; however, the applicant
submitted a request to extend the map and CUP prior to the expiration date. In order to
sufficiently analyze the current site conditions for potential environmental impacts, the request
has been delayed from going forward until this time.
III. PROJECT DESCRIPTION AND BACKGROUND
On June 5, 1991, the Applicant received approval for a Tentative Map, Planned Development
Permit, Conditional Use Permit, and Site Development Plan to construct a neighborhood
commercial center.
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CT 91-06x2 TIENDA Dc LA ESQUINA
January 21,1998
Page 2
This Applicant requests a one year extension due to the current lack of demand for retail space at
this location. The Applicant has been diligent in making substantial progress toward a Final
Map. In consideration of these circumstances, staff recommends a one year extension of the
Tentative Map, CT 91-06, and its related permits, CUP 91-04, SDP 91-06 and PUD 91-03, until
June 5,1998.
ANALYSIS
A. The proposed tentative map and permits are consistent with all current applicable plans,
policies and regulations described below:
1. Carlsbad General Plan;
2. Local Facilities Management Plan Zone 11;
3. Title 21 of the Carlsbad Municipal Code; and
4. La Costa Master Plan.
B. The adopted project findings for CT 9 l-06, which are contained in Planning Commission
Resolution No. 3 135 still apply to this project (CT 91-06x2).
ENVIRONMENTAL REVIEW
The Planning Director has determined that the project has not changed from its original
configuration and intensity and that no new significant environmental changes have occurred
onsite. Therefore, based on current knowledge of the site, the project will not have a significant
impact on the environment, and that a notice of Prior Compliance was issued stating that the
Negative Declaration approved by the Planning Commission in June 1991 continues to be
applicable.
ATTACHMENTS:
1. Planning Commission Resolution No. 42 17
2. Location Map
3 Planning Commission Resolution No. 3535 dated August 18, 1993
4. Planning Commission Resolution No. 3 13 5 dated June 5, 199 1
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION FOR A TENTATIVE MAP. CASE NAME: TIENDA DE LA ESQUINA CASE NO: CT 91-06
WHEREAS, the Planning commission did, on June 5, 1991, adopt
Planning Commission Resolution No. 3135 approving a tentative map
for a seven lot neighborhood retail center known as CT 91-06; and
WHEREAS, said tentative map will have expired as of June 13,
1993; and
WHEREAS, the Applicant has requested a one year extension to
process a final map: and
WHEREAS, the Applicant has been diligently pursuing those
acts required to obtain a final map; and
WHEREAS, the original conditions of approval are still
applicable to the tentative map; and
WHEREAS, no new conditions are required.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of
the City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the Applicant has been diligently pursuing those
acts necessary to obtain a final map.
3. That the request for an extension of the tentative map
for Carlsbad Tract 91-06 is approved for a period of one year from
June 13, 1993 until June 13, 1994, subject to all the original
conditions of approval.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
3arlsbad Planning Commission of the City of Carlsbad, California,
leld on August
AYES:
NOES:
ABSENT:
ABSTAIN:
18, 1993, by the following vote, to wit:
Chairperson Noble: Commissioners: Schlehuber, Betz, Welshons, Savary, Erwin & Hall.
None.
None.
None.
BAILEY-NO&B, Chairperson- .-! CARLSBAD PLANNING COMMISSION
iTTEST:
IICHAEL J. HOMILLEW ?lanning Director
?C RESO NO. 3535 -2-
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PLANNING CCN+IMSSION RESOLUTION NO. 3135
A RESOLUTION OF THE PLANNING COMMISSION OF -I-HE crry OF
CARLSBAD, CALIFORNIA, APPROVING A 7 LOT TENTATIVE MAP ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
RANCH0 SANTA FE ROAD AND CAMINO DE LOS COCHES.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO: CT 91-6
WHEk, a verified application for certain property to wit:
Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San
Diego, State of California, Filed in the Office of the County Recorder of San
Diego County, September 25, 1985 as file/page no. 85-355261 of official records.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carisbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of June, 1991, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map. .
NOW, THEREFORE, BE rf HEREBY RESOLVED by the Planning Commission as
follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
hereby APPROVES of CT 91-6, based on the following findings and subject to the
following conditions: . . . .
. . . .
. . . .
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Findings:
1. The project is consistent with all City public facility policies and ordinances since:
a. School fees will be paid to ensure the availability of school facilities in the San Dieguito High School and Encinitas Unified School Districts.
b. Park-in-lieu fees are required as a condition of approval.
C. All necessary public improvements have been provided or will be required as conditions of approval.
d. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and
payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
3. The proposed project is consistent with the City’s Non-Residential Planned
Development Ordinance.
4. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on May 2, 1991 and
approved by the Planning Commission on June 5, 1991. In approving this
Negative Declaration the Planning Commission has considered the initial study, the
staff analysis, all required mitigation measures and any written comments received
regarding the significant effects this project could have on the environment.
5. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan
prepared pursuant to Ch&ter 21.90 of the Carl&ad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
6. This project is consistent with the Ciry’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11.
7. Thepxu+tprovid~aniwease inandqualityupgradeofopen~wbichis
contiguoustoopmspace~cmtbeopenspacenetworkmapdatefiAugust 9, 1989.
PC RESO NO. 3135 -2-
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8. The project will not preclude any future opportunities for trails linking larger open
Spaces as part of a Citywide trails program
9. The project applicant has volunteered to fund a minimum of 50% of the cost of a
trafficsignalat~odeLas~andCalle~~t~shouldsuchasignalbe
warranted by this project in conjunction with other development in the area.
coriditions:
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2.
3.
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5.
6.
7.
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Approval is granted for CT 91-6, as shown on Exhibit(s) “A” : “M”, dated
June 5, 1991, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these conditions.
The developer shall provide the City with a reproducible 24” x 36, mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The map copy shall be
submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director
prior to the recordation of the final map. Said map shall show all lots and streets
within and adjacent to the project.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy. This note
shall be placed on the final map.
This project is also approved under the express condition that the applicant pay
the public facilities fee adbpted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carl&ad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fullill the subdivider% agreement to pay the public
facilities fee dated February 7, 1991, copies of which are on file with the City
Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this
project shall be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the hal .map as required by Chapter 20.44 of the Carl&ad Municipal Code.
The applicant shall provide school fets to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application.
PC PESO-NO. 3135 -3-
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8.
9.
Water shall be provided by the Olivenhain Municipal Water District.
This project shall comply with all conditions and mitigation required by I
the Zone 11 Local Facilities Management Plan approved by the City Council on :
January 20,1988, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits.
10. If any condition for consnuction of any public improvements or facilities, or the
payment Gf any fees in lieu thereof, imposed by this approval or imposed by law
on this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
11. Approval of this request ‘shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
12. Approval of CT 91-6 is granted subject to the approval of PUD 91-3, SDP 91-6 and
CUP 914.
13. The applicant shall establish a property owner% association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to Enal map approval.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colon and/or materials to the project to the satisfaction of the Planning Director.
15. @l roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department Policy No.
80-6, to the satisfaction of the Directors of Planning and Building.
16. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. AU lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property.
.17. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
18. ASlparkinglottreesshallbea minimum of 15 gallons in size.
PC, RESO NO. 3135 4
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‘! :/ 20.
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All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of N-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. 1
All landscape plans shall be prepared to conform with the Landscape Guidelines I Manual ahd submitted per the landscape plan check procedures on file in the i Planning Department. /
Landscape plans shall be designed to minimize water use. Lawn and other I Zone 1 plants (see Landscape Guidelines Manual) ‘shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation.
Prior to Enal occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director cert@ing that all landscaping has been
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements.
All parking lot trees shall%e canopy trees.
shrub6willaplanted~thefollowiDg-~ 2!5%-egallon,
70%~5gallo&S%-1sgalloIL Allscree!n type planlingwiu be planted hmfive-
gallon-.
30% of the trees provided shall be 24” box or greater.
A uniform sign program for this development shall be submitted to the Planning
Director for his review and approval prior to tbt isisuawof~pamits. The
SigJl pmglaln shall ad&css locati~ size# mataials, coloK ad method of
instaUationforaUsigns. Sipagewillbepmhiitedonbuildings3&4fkingthe
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adjacent open space corridor. Signs shall be oriented toward the interior of the
project.
Building identification and/or addresses shall be placed on all new and existing 1
buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. I 1 I
The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a
bench, freh from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural
theme of the project and said design shall be subject to the approval of the
Planning Director and North County Transit District.
As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24” x 36”
blueline drawing. Said blueiine drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan.
Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report
indicates the presence of potential fossil bearing material then a standard three
phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts on paleontological resources under the direction of the
Planning Department.
AUretainingwalts~~adecorativlcfaee~~isconsistentwiththeprojea
architecture. The material shall be reviewed and approved by the Planning
Director prior to the -0fgradingpexmits.
. EMIn- conditions:
37. Unless a standard varian& has been issued, no variance from City Standards is
authorized by virtue of approval of this Tentative Map/Site Plan.
38. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
39. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
40. This project is approved specifically as 1 (single) phase.
41. The developer shall provide an acceptable means for maintaining all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities within the
subdivision and to distribute the costs of such maintenance in an equitable manner
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among the owners of the units within the subdivision. Adequate provision ior
such maintenance shall be included with the CC&R’s subject to the approval of the
City Engineer.
All concrete terrace drams shall be maintained by the property association (if on
commonly owned property) or the individual property owner (if on an individually
owned lot). An appropriately worded statement clearly identifying the
responsibility shall be placed in the CC&R’s.
Approval of this tentative tract map shall expire twenty-four (24) months from the date of Planning Commission approval unless a tinal map is recorded. An : extension may be requested by the applicant. Said extension shall be approved or ;
denied at the discretion of the Planning Commission. In approving an extension, !
the Planning Commission may impose new conditions and may revise existing
conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming
Master Drainage Plan Update.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project.
The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which,
as a result of treatment of wastewater, is suitable for a direct beneficial use or
controlled use that would not otherwise occur.
Pretreatment of the sanitary sewer discharge from this project may be required.
In addition to the requirements for a sewer connection permit the developer shall conform to the requirem&ts of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste water discharge permit concurrently with the building permit for this project. No Certificates of
Occupancy for the project will be issued before the industrial waste discharge permit application requirementshave been met, all applicable fees paid and permit issued.
No grading permits shall be issued for this subdivision prior to recordation of the final map.
Based upon a review of the proposed grading and the grading quantities shown on the tentative map/site plan, a grading permit for this project is required. Prior to issuance of a building permit for the project, the applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued
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a grading permit and complete the grading work in substantial ‘conformance krh
the approved grading plans.
The developer shall obtain a grading permit prior to the commencement of any
clearing or grading of the site.
No grading shall occur outside the limits of the subdivision unless a grading or
slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map/site plan or change the slope so grading will not occur ourside : the project site in a manner which substantially conforms to the approved tentative map/site plan as determined by the City Engineer and Planning Director.
Prior to hauling dirt or consnuction materials to any proposed construction site 1 within this project the developer shall submit to and receive approval from the City ! Engineer for the proposed haul route. The developer shall comply with all 1 conditions and requirements the City Engineer may impose with regards to the 1 hauling operation..
The developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chap 11.06.
The developer shall construct an urban pollutant basin of a type and size and at location as approved by the City Engineer. The developer shall enter into an urban pollutant basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building petmit
or Gnal map whichever occurs first for this project. The urban pollutant basin
shall be serviced by an all weather access/maintenance road.
Additional drainage easements and drainage sttuctures shall be provided or installed prior to the issuance of grading or building permit as may be required by
the City Engineer.
The developer shall make an offer of dedication to the City for all public streets
and easements required by these conditions or shown on the tentative map/site
development plan. The offer shall be made by a cert%cate on the final map for
this project. All land so offered shall be granted to the City free and clear of all
liens and encumbrances and without cost to the City. Streets that are already
public are not required to be rededicated.
Some improvements shown on the tentative map/site plan and/or required by
these conditions are located off-site on property which neither the City nor the
subdivider has sufficient title or interest to permit the improvements to be made
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without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carisbad Street Lighting and I Landscaping District No. 1. The form shall be provided by the City during the 1 improvement plancheck process. I
Runoff from this project is conveyed to environmentally sensitive areas. The 1 subdivider shall provide adequate means of eliminating grease and oils from
drainage prior to discharge. Plans for such improvements shall be approved by the 1 City Engineer prior to issuance of grading or building permit.
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to ’ install and secure with appropriate security as provided by law, improvements
shown on the tentative map/site plan and the following improvements:
A. Construction of the “right-in oniy” entrance and deceleration lane along
Ranch0 Santa Fe Road.
B. Construction of the main entrance on Camino de 10s Caches.
C. Thedesignand construction of a trafEc signal at the main entrance at the
intersection of Camino de bs Cocks and Calle Tbiteo. Signal is to be
installed by the developer as dirtxted by the City Engineer. The developer
shallpayapercentageofatleastW%oftheco6tofthesignalbasedon
demand.
A note to this effect shall be placed on an additional map sheet on the final map
per the provisions of Sec&ns 66434.2 and 66445 of the Subdivision Map Act.
Improvements listed above shall be constructed within 18 months of final map
approval and or improvement plan approval whichever occurs first.
The Fire Marshal has determined that on-site fire hydrants are required to serve this project. Prior to issuance of a building permit for the site, the applicant must submit and receive City and water district approval for appropriate waterline improvement plans and easements. All improvements shall be designed in
conformance with City and Water District Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District.
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The structural section for the private driveway must be designed with a traffic index of 5.0 in accordance with City Standards due to a truck route through the
parking lot and/or aisles with an ADT greater than 500.
Irrigation systems to accommodate future reclaimed water shall be designed
consistent with Title 17 of the California Administrative Code. Off-site future reclaimed water distribution systems should be anticipated by the installation of ; ; adequately sized sleeves at crossing points to minimize street excavation. I
An additional 12 feet of public right of way shall be dedicated along a portion of
Ranch0 Santa Fe Road for a decelaation he as shown on the tentative map/site
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plan. The offer shall be made by a certificate cm the 6nal map for this project for /
the portion along the project frontage and by a separate hrument for the portion !
off-site on the adjacent property to the south. All land so offawl shall be granted (
totheCityfltwUldclearofallliensand enculllblan~ and without cost to the
city.
Access rights along the project frontage on Ranch Santa Fe Road were
relinquished per Parcel Map No. 13970 (MS 671). The project proposes access
from Ran&o Santa Fe Road for a “right-in ox@+’ driveway. Therefore, the
developer &all pay for and submit an application far the quitclahing back of a
portion of the access righti of Ranch0 Santa Fe Road for this driveway. Prior to
final map approval the issue of quitchiming back of this portion of the access
rights is to be heard and decided by the City CounciL Should Council not approve
the quitclaim, then the pt‘oject cannot be dewiloped unless the project is redesigned
and the tentative map/site plan is amended back through the Planning
Commission.
A method for removing urban pohants from the drainage on-site shall be
ProposedandapprovedbytbeCity~p~~to~issuanceofagtadingor
buildingpeImit.
This project propow the hwtxuction of aii into the existhg slopes adjacent
toRanchoSantaFeRoadamdCaminodelasCoches. Tkeslopeswere
constnrctedwithbu~fillsandthimpaaofthproposedcn’bwalltobe
constructedinto~slopesneedstokevaluatd Tkefofqatthetimeof
subminalofthgradingplansfarthprojea,thdevlelopersballsubmitarcport
komasoils ellghemevaluatingtheProposedaii~oninrothedopes.
~f~soilsrcportwould~tbatcn’bwallswac~abletobeconstluctedinto
theseslopestheutheprojectcannotbe ccmsuwted unless the project is redesigned
and the tentatiw map/site plan is amended back through the Phming
COmHliS!dO&
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Custom Conditions:
69. lrot7shallbeownedw~rommoon”bythrownasofthe6otherlotsnotbythe ~
Property Owners Association. The applicant shall provide an acceptable means I
for maintaining this common area lot and to distriite the cost of such
maintenance in an equitable manner among the owners of the subdivii01~ ( Adequate provisions for such maintenance shall be included within the CC&R’s !
subject to the approval of the City Engineer.
70. The owner shall make an Irrevcxable offer of dedication to the City of Carl&ad for an open space easement over the major slope5 adjacent to the southerly property
line of Lot 7. This shall include the urban pollutant basin and shall also include
the~ttriangularareabetween~serviceparkingareaofbuilding3,thesouth
facing major slope and Camino de las Co&es. The hevocable offer of dedication
for the open space easement shall be made by a certikate on the 6nal map for the
project. The hevocable offer of de&cation shall also be delineated on the
tentative map.
71. The applicant shall make adequate provisions for the perpetual maintenance of the
hvocably off&red open space easement and to distribute the cost of such
maintenance in an equitable maIlneramongthe- of the subdivisi0~ These
provisions are to be included within the CC&R’s subject to the approval of the City
we==
72. Con-t with final map appmva& the owner shall record a covenant to enter
into a reciprocal access and parking agxWkentoverthedIivewayandparking
areasofLotlalldLot7.
Fire Conditions:
73. Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department. .
74. Additional public and/or* on-site fire hydrants shall be provided if deemed
necessary by the Fire Marshal.’
75. The applicant shall submit for processing and shall pay the required applicants fees for a waterline improvement plan and appurtenant waterline easement as may be required by the City Engineer, the Fire Marshal and Costa Real Municipal Water District. The deed shall be properly executed and the waterline plans signed by the City Engker prior to issuance of building permits.
76. An all-weather access road shall be maintained throughout construction.
77. All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible. building materials begin located on the project site.
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Fire retardant roofs shall be required on all stmctures.
Brush clearance shall be maintained according to the specifications contained in
the City of Carlsbad Landscdpe Guidelines Manual.
All fire’alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Depanment for approval prior to consuuction.
All roof-top appurtenances shall be architecturally integrated into the design of the building and shielding to prevent noise and visual impacts, subject to approval before issuance of pennit.
Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into z
10,000 sq. ft. (or less) areas.
Prior to issuance of building permits, the developer shall provide the Fire
Department with a 500’ scale map showing streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block.
Prior to issuance of building permits, the developer shall submit to the Fire Department a map, showing the street network, conforming to the following criteria:
w 400’ scale (1:4800)
w Photo reduction on mylar
m At least wo existing streets and/or intersections shall be referenced on the
map (not a separate vicinity map)
n Maps shall include at least the following information: .
+ Street CenterliLs + Street Names * Fire hydrant locations
The applicant shall agree to pay a fee established to cover the cost of updating Fire
Department response maps.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 II ,; Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, ’
- Erwin, Noble & Hall.
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NOES: None. I
ABSENT: None. i -- -
ABSTAIN: None.
.’ ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISStON
l3 I ATTEST:
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MICHAEL J. H&M&&R .
PLANNING DIRECI’OR
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PLANNING COMMISSION RESOLUTION NO. 3136
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNLA, APPROVING A SITE DEVELOPMENT PLAN FOR
A 7.6 ACRE NEIGHBORHOOD RETAIL CENTER ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF RANCH0 SANTA FE ROAD
AND CAMINO DE LOS COCHES.
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CASE NAME: TIENDA DE LA ESQUINA
CASE NO: SDP 91-6
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of
the Carlsbad Municipal Code; and.
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 5th day of June, 1991, consider said request on property described
aS:
Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County Recorder of San
Diego County, September 25, 1985 as file/page no. 85355261 of official
records.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to SDP 91-6.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES SDP 91-6, based on the following findings and subject to the
following conditions:
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Findinns:
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The site is physically suitable for the type of development.
The project is consistent with all City public facility policies and ordinances since:
a. School fees will be paid to ensure the availability of school facilities in the
San Dieguito High School and Encinitas Unified School Districts.
b.
C.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of approval.
d. The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and
payment of the fee will enable &is body to find that public facilities will be
available concurrent with need as required by the General Plan.
This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on September 5, 1990, and
approved by the Planning Commission on June 5,199l. In approving this Negative
Declaration the Planning Commission has considered the initial study, the stti
analysis, all required mitigation measures and any written comments received
regarding the significant effects this project could have on the environment.
The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 11.
The project provides an increase in the quality upgrade of open space
which is contiguous to Open Space shown on the Open Space network map
dated August 9,1989.
The project will not preclude any hm opportunities for trails linking larger Open
Space as part of a Citywide trails program.
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coIldilions:
1. All conditions of Planning Commission Resolution Nos. 3135, 3137 and 3138 qe
applicable to this approval and incorporated herein through this reference.
2. Approval of SDP 91-6 is granted subject to the approval of CT 91-6, PUD 91-3, and
CUP 914.
3. Tbis approval shall become null and void if !inaI map is not recorded within 24
months horn the date of Approval. An additional maximum 24 months shall be
granted from the date of final map recordation (CI’ 914) for building permit
issuance, not to exceed a total of 48,months horn the date of project approval.
Special Conditions:
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Restaurant uses shall be restricted to no more than 15% of the total buiIding area
onsite. A note decking this shall be included on the site plan and a continuous
tabulation of restaurant square footage used and available shall be submitted to the
Phning Jkpartment with each request for a business license and/or tenant
improvement for a restaurant.
Building “A” shall be’limited to Financial Institution use only. A note decking this
sball be included on the site plan. Changes to any other professional use shall be
subject to the review and approval of the Pianning Director.
Any subsequent changes to these use restrictions will require review and approval
of the Planning commi5sion
A notice of special conditions 4,s and 6 to the satisfaction of the Planning Director
and City Attomey shall be recorded with the deed infomhg fhure and esisting
property ownexs of the use restrictions on Tienda de Xa E3quina.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the
following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
Savary, Erwin, Nobie & Hall.
NOES: None.
ABSENT: None.
ABSTAIN:
.” ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3137
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR
A GAS STATION WITHIN A 7.6 ACRE NEIGHBORHOOD RETAIL CENTER
ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
RANCH0 SANT’A FE ROAD AND CAMINO DE LOS COCHES.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO: CUP 914
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WHEREAS, a verified application has been fled with the City of Carisbad and
referred to the Pianning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad -Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 5th day of June, 1991, hold a duly noticed public hearing to
consider said application on property described as:
Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San
Diego, Stare of California, filed in the office of the County Recorder of San
Diego County, September 25, 1985 as file/page no. 85-355261 of official
records.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to CUP 914.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carisbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 914, based on the following findings and subject to the following
conditions:
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That a gas station is desirable for the development of the community, is essentially
in harmony with the various elements and objectives of the General Plan, and is
not detrimental to e.xisting uses or to uses specifically permitted in the La Costa
Master Plan,
That the site for the intended use is well located at a major street intersection and
is adequate in size and shape to accommodate the use.
That all of the yards, setbacks, walls, landscaping, and other features necessary to
adjust the requested use to e.xisting or permitted future uses in the neighborhood
will be provided and maintained.
That the street system serving the proposed use with the inchrsion of a
deceleration lane on Ranch0 Santa Fe Road is adequate to properly handle all
traffic generated by the proposed use.
That the use is properly buff&d by grade separation from adjacent existing and
future uses.
That twenty-four hour operation of a gas station and convenience market may
conflict with the suburban residential character of the surrounding neighborhood.
conditions:
1. AU conditions of Planning Commission Resoiution Nos. 3135, 3136, and 3138 are
applicable to this approval and incorporated herein by reference.
2. This conditional use permit is granted for a period of five years. This conditional
use permit shall be reviewed by the Planning Director in five years to determine
if all conditions of this permit have been met and that the use does not have a
significant detrimental impact on surrounding properties or the public health and
welfare. If the Planning Director determines that the use has such significant
adverse impacts, the Planning Director shall recommend that the Planning
Commission, after providing the permittee the opportunity to be heard, add
additional conditions to mitigate the significant adverse impacts. This permit may
be revoked at any time after a pubiic hearing, if it is found that the use has a
significant detrimental affect on surrounding land uses and the public’s health and
welfare, or the conditions imposed herein have not been met. This permit may be
extended for a reasonable increments of time not to exceed five years.
3. The hours of operation shall be limited to S:OO AM. through 12:OO A.M.
PC RESO NO. 3137 -2-
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4. .i This approval shall become null and void if building pen-nits are not /
issued for SDP 91-6, PUD 91-3 within 24 months from the date of the final map j recordation of m 91-6.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5 th day of June 1991, by the i
following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Holmes, Commissioners: Schlehuber, Schramm,
Savary, Erwin, Noble & Hall.
None.
None.
ABSTAIN: None. -.- -_ !
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING CtiMMISSION
ATTEST:
PLANNING DIREnOR
PC RESO NO. 3137 -3-
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2E
PLANNING COMMISSION RESOLUTION NO. 3138
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 7 LOT, 7.6 ACRE
NEIGHBORHOOD RETAIL CENTER ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF RANCH0 SANTA FE ROAD
AND CAMINO DE LOS COCHES.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO: PUD 91-3 -
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WHEREAS, a verified application for certain property to wit:
Parcel 1 of Map Number 13970, in the City of Carisbad, County of San
Diego, State of California, filed in the office of the County Recorder of San
Diego County, September 25, 1985 as file/page no. 85-355261 of official
records.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carisbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of June, 1991, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
I
b
Al That the above recitations are true and correct. I I I
B) That based on the evidence presented at the public hearing, the Commission
APPROVES PUD 91-3, based on the following findings and subject to the following
!
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conditions: I
. . . .
. . . .
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Findings:
1. The project is consistent with alI City public facility policies and ordinances since:
a. School fees will be paid to ensure the availability of school
facilities in the San Dieguito High School and Encinitas Unified
School Districts.
b. Park-in-lieu fees are required as a condition of approval.
C. All necessary public improvements have been provided or will
be required as condition& of approval.
d. The applicant has agreed and is required by the inclusion of an
appropriate condition to pay a public facilities fee.
Performance of that contract and payment of the fee will
enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
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The proposed project is consistent with the City’s Non-Residential Planned
Development Ordinance.
This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on May 2, 1991, and
approved by the Planning Commission on June 5, 1991. In approving this
Negative Declaration the Planning Commission has considered the initial study, the
staff analysis, all required mitigation measures and any written comments received
regarding the significant effects this project could have on the environment.
The applicant is by condition, required to pay any increase in public facility fee,
or new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the C&bad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 11.
Conditions:
1. All Conditions of Pianning Commission Resolution Nos. 3135,3136 and 3137 are
applicable to this approval and incorporated herein through this reference.
PC RESO NO. 3138 -2-
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Approval of PUD 91-3 is subject to the approval of CT 91-6, SDP 91-6, CUP 914.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of the final map recordation of CT 91-6.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning i
I
Commission of the City of Carlsbad, California, held on the Sth day of June, 1991, by the 1
following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schrarnrn, Savary,
Erwin, Noble 8~ Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
OBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
Al-EST: I
MICHAEL J. HOLxMILLkk
PLANNING DIRECTOR
RESO NO. 3138 -3-
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me City of CABLSBAD Planning Department A REPORT TO THE PLANNING COMMISSIONdti
Item No. 4
P.C. AGENDA OF: February 4,1998
4
Project Engineer: Ken Quon
SUBJECT: CT 91-06x2 - TIENDA DE LA ESOUINA Request for a one year extension of
the Tentative Map on property generally located at the southeast corner of Ranch0
Santa Fe Road and Camino De Los Caches in Local Facilities Management Zone
11.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4217
APPROVING a three year extension of CT 91-06 based upon the findings and subject to the
conditions contained therein.
II. DISCUSSION
The tentative map extension was heard by the Planning Commission on January 2 1, 1998 and
was continued to the February 4, 1998 hearing in order to allow the Commission adequate time
to review the approvals of the permits associated with the tract map. Those permits are
Conditional Use Permit CUP 91-04 for the operation of the gas station/mini-market; Site
Development Plan SDP 91-06 for the overall site and architectural design; and, Planned Unit
Development PUD 9 l-03 allowing the subdivision of postage stamp lots and will automatically
be extended by operation of law pursuant to Carlsbad Municipal Code Section 21.58.020(b) if
the tract map is granted an extension.
Attachments:
1. Planning Commission Resolution No. 42 17 (CT 91-06 extension)
2. Staff Report dated January 2 1, 1998, with attachments
3. Planning Commission Resolution No. 3 136 (SDP 9 l-06)
4. Planning Commission Resolution No. 3 137 (CUP 91-04)
5. Planning Commission Resolution No. 3 138 (PUD 91-03)
The City of CARLSDAD Planning Department A REPORT TO THE PLANNING COMMISSION
Condltlonal Use Permit Extension
Item No. 2 0
’ Application complete date: June 6, 1997
P.C. AGENDA OF: March 4,1998 Project Planner: Christer Westman
Project Engineer: Ken Quon
SUBJECT: CT 91-06x2 - TIENDA DE LA ESOUINA - Request for a one year extension of
the Tentative Map on property generally located at the southeast corner of Ranch0
Santa Fe Road and Camino De Los Caches in Local Facilities Management Zone
11.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4217
APPROVING a three year extension of CT 91-06 based upon the findings and subject to the
conditions contained therein.
II. DISCUSSION
This item was discussed by the Planning Commission at the regularly scheduled meeting of
February 11, 1998 and was continued until the April 1, 1998 meeting in order for staff to develop
conditions requested by the Planning Commission for consideration.
Two of the requested conditions required additional investigation prior to providing a staff
recommendation. They included a discussion of prohibiting the sale of alcoholic beverages from
the gas station and ownership and status of the open space lot adjacent to the project.
The City Attorney’s office has advised staff that the sale of alcohol from the gas station requires
approval of a Conditional Use Permit (CUP). The existing permit does not include a provision
for the sale of alcohol, therefore the applicant must either amend this application or submit a new
application for a CUP. Amendment of this application will require that the appropriate
applications and fees be submitted and processed by staff for a recommendation to the Planning
Commission.
The open space lot adjacent to the site is owned by Bank of America. No open space easement
has been dedicated. The Open Space and Conservation Resource Management Plan identifies
Trail Segment 54 of the citywide trail system within the lot. Since there is no open space
easement to the City over the lot, and because the public sidewalk access along Ranch0 Santa Fe
Road will not be obstructed or removed by the project, there may not be a nexus between the
development of this project and the requirement for the construction of a trail. The trail may
ultimately be a requirement of the La Costa Southeast development. Staff does not recommend
that the trail be a condition of approval for the project.
. 39
CT 91-06x2 - TIENDA Dc LA ESQUINA
March 4,1998
ParJe 2
Based on discussions at previous hearings for this item, staff is offering the following potential
amendments to the resolutions of approval:
Condition No. 3 of Resolution No. 3137 should be amended to limit operation to the hours of
5:00 a. m. to 10:00 p.m.
Condition No. 3 1 of Resolution No. 3 135 should be amended to require approval of a uniform
sign program by the Planning Commission versus the Planning Director.
Concerning a safety program, the following new condition could be added:
A safety program shall be developed and approved by the Carlsbad Police Department prior to
building occupancy.
The Planning Commission’s concern regarding onsite lighting has been addressed in condition
No. 16 of Resolution No. 3135.
ATTACHMENTS:
1. Planning Commission Resolution No. 4217 (CT 91-06 extension)
2. Staff Report dated January 21, 1998, with attachments
3. Planning Commission Resolution No. 3 135 (CT 91-06)
4. Planning Commission Resolution No. 3 136 (SDP 91-06)
5. Planning Commission Resolution No. 3 137 (CUP 91-04)
6. Planning Commission Resolution No. 3 138 (PUD 91-03)
CW:nm
PUBLIC HEARING:
1. 91-06x2 - TIENDA DE LA ESQUINA - Request for a one year extension of the Tentative Map
on property generally located at the southeast corner of Ranch0 Santa Fe Road and Camino De
Los Caches in Local Facilities Management Zone 11.
Assistant Planning Director, Gary Wayne, introduced the item and announced that the Commission’s
action on this item is final and will not be forwarded to the City Council unless it is appealed within ten (10)
days.
Project Planner, Christer Westman, described this item as follows: Carlsbad Tract 91-06 and its additional
permits, is a seven lot neighborhood retail center which includes a convenience store and a gas station,
generally located at the southeast corner of Ranch0 Santa Fe Road and Camino De Los Caches in Local
Facilities Management Zone 11. The site contains 7.6 acres and is within the PC Zone and the La Costa
Master Plan. Access to the site is from a “Right In-Only” driveway on Ranch0 Santa Fe Road and a
signalized driveway on Camino De LOS Caches. This project was originally approved on June 5, 1991, by
Planning Commission Resolution No. 3135. The applicant has requested a one year extension due to the
current lack of demand for retail space at this location. Staff has recommended that the application be
extended. There have been some modifications to the original resolution. This application would have
expired in June 1998 but after review of the available extensions per the subdivision map act, staff is
recommending that if the project can be continued, it be granted a three year extension which would
expire in June, 2000. There has also been a request to modify (update) some of the conditions in an effort
to bring them up-to-date with current standards. Mr. Westman concluded his presentation by stating that
the applicant has been diligent in making substantial progress toward a Final Map and staff therefore is
recommending the extension as requested.
Commissioner Welshons asked why there is a “Right In-Only” and not a “Right Out”.
Mr. Westman stated that his understanding for that requirement is that originally there was a
relinquishment of access rights from Ranch0 Santa =a Road to the property. Through the review process,
staff believed that it was acceptable to allow a single access onto the property and not specifically allowing
access out onto Ranch0 Santa Fe Road. Essentially, it was a compromise so that the property would
MINUTES
PLANNING COMMISSION January 21, 1998 Page 3
have better circulation. However, there is a subsequent requirement, in that the City Council must grant
that access because the site does not currently have that access available.
Commissioner Welshons asked how this proposed extension would affect Condition No. 43 of Resolution
No. 3135, and Mr. Westman replied that the date of approval would become the date when the extension
is approved.
Referring to Finding No. 9, Resolution No. 3135, Commissioner Welshons asked Mr. Westman to explain
the legal term “volunteered”, in terms of funding the indicated traffic signal.
Mr. Westman explained that, essentially, the words “volunteered” and “required” may be synonymous
because there is a condition that requires the applicant to fund 50% of the cost of a traffic signal at that
driveway on Camino De Los Caches.
Commissioner Welshons then requested Mr. Rudolf’s advice regarding the wording in Finding No. 9.
Mr. Rudolf suggested that the applicant be asked if he has any objection to the way Finding No. 9 is
phrased and, if so, that finding will be changed to be more concise.
Referring to Mr. Westman’s reference to the applicant’s diligence, Commissioner Welshons asked Mr.
Westman to explain the use of the word “diligent”.
Mr. Westman responded by stating that it is a continuous pursuit to obtain tenants to fund and occupy the
proposed center. He also pointed out that in many cases where a project has been approved, before it
could be constructed, the developer had to find tenants willing to contract for occupancy. Also, he pointed
out that with the economic down-turn, in the past five years, it has been very difficult to find tenants for
many projects and those projects have also been given extensions.
Commissioner Welshons asked Principal Civil Engineer, Bob Wojcik, what the intersection distance for
this new signal is, from Ranch0 Santa Fe Road to Calle Timiteo, and what is the lane configuration for
turning in and out. She pointed out that there is a high school and a lot of traffic in that area.
Mr. Wojcik stated that the spacing is approximately 670 feet and the required standard is 600 feet. There
is a continuous left turn lane as well as two lanes in both directions with bike lanes.
Commissioner Welshons asked if there is any potential for fast food drive-thrus.
Mr. Westman replied that according to the existing approvals, there is no opportunity for a drive-thru, such
as a fast food drive-thru. There is, however, one building identified on the site plan that is essentially
“deed restricted” through the SDP approvals to be nothing other than a financial institution with drive-thru
lanes. Also, the way the site plan is designed, the buildings could not be modified to accommodate a
drive-thru. In addition, if there is any attempt to re-design the project to accommodate a drive-thru, that
would constitute a change that would require further public hearings and approvals by this Commission.
For clarification, Commissioner Monroy asked if he is correct in his assumption that if the applicant does
not start the project by the extension deadline in the year 2000, all approvals, etc., will be considered null
and void.
Mr. Westman stated that Commissioner Monroy is correct.
Mark Gerber, 340 So. Flower St., Orange, CA, applicant, stated that he has read the revised conditions
and concurs with staffs recommendation. Regarding the word “volunteer” as opposed to the word
“require”, he feels they are one and the same in terms of the conditions of approval.
Commissioner Compas stated that there is another project being proposed for a project a short distance
away from this site, and asked Mr. Gerber if he will go ahead with his project even if the other one is built.
MINUTES LfJ
PLANNING COMMISSION January 21,1998
Mr. Gerber replied that they have been in a race for ten years and they have no choice but to continue.
Commissioner Welshons asked the applicant why he feels it will take three more years to acquire the
necessary tenants.
Mr. Gerber responded by stating that it probably won’t take that long but he needs at least a year to get
through the process after he gets the commitments from the prospective tenants.
Chairperson Noble opened Public Testimony and offered the invitation to speak.
Pamela Greenberg, 3371 Avenida Nieve, Carlsbad, stated that her neighborhood is a beautiful, quiet
residential community and a project, such as this, will turn it into a business community. She pointed out
that there is an elementary school next to the site of the proposed project and stated that she feels that a
project like this is inappropriate for that area and urged the Commission to deny this extension.
Ann Pierce, 3362 Avenida Nieve, Carlsbad, stated that on Tuesday, January 20, was the first time that
she or her neighbors had heard that this project was proposed for their neighborhood. Ms. Pierce
presented two pages of signatures (34 signatures) demonstrating their opposition to this project.
Lynda C. Wheeler, 7711 Sitio Musica, Carlsbad, stated that the new community of La Costa Valley will
include a new junior high school and another elementary school and that a gas station and convenience
store will only encourage those students as well as those from the high school to loiter. She also stated
that traffic around that area is already a “nightmare” and if there is a way to take a short-cut through this
proposed site, the students will surely do so.
Ralph Banack, 7711 Sitio Musica, Carlsbad, stated that his main objection is that this is not an appropriate
intersection for a gas station because the traffic (particularly for the high school) is extremely heavy and it
would cause even more congestion. He further stated that when he bought his home, he was told that this
site was going to be a park and never would be a commercial development.
Commissioner Welshons asked if the traffic that he and Ms. Wheeler are speaking of is only at peak hours
or is it continuous throughout the day.
Mr. Banack replied that the bulk of the traffic is during the peak hours, before and after school, and agreed
with Ms. Wheeler that if there is a “short-cut” through this site, the kids will take it.
Mr. Gerber pointed out that when this project was designed, they were very careful to design the
architecture to blend in with the residential neighborhoods. Also, the convenience store will not be an
AM/PM. There will be a gas station that sells candy bars, sodas, etc., but will not be a market. In addition,
there is no direct route from the entrance on Ranch0 Santa Fe Road to the exit at Camino De Los Caches.
Commissioner Welshons stated that the only identified occupants of this center has been a gas station
and convenience store and possibly a financial institution with a drive-thru and asked what kind of tenants
he is searching for.
Mr. Gerber stated that ten years ago the financial institution was a possibility but is no longer possible. He
also reminded the Commission that he is limited to 30% restaurant use and a drive-thru is not available.
Also, he stated that he envisions a ranch market and other service oriented businesses.
Seeing no one else wishing to testify, Chairperson Noble closed Public Testimony.
Regarding the land use, Mr. Westman stated that the site is zoned as Neighborhood-Commercial and
these uses are allowed by Conditional Use Permit. The intent for use by CUP is to evaluate whether or
not there are impacts created by the use that can be mitigated through different conditions. He also
pointed out that the gas station and convenience market will be at the furthest points away from any
MINUTES 43
PLANNING COMMISSION January 21, 1998 Page 5
residential use and that the hours of operation will be limited. This gas station and market will be required
to close between the hours of Midnight and 7:00 a.m. Regarding the possibility of a “cut-thru”, Mr.
Westman stated that there is no straight access from Ranch0 Santa Fe Road to Camino De Los Caches
and that there are several turns and 90” angles to discourage “short-cuts”.
Commissioner Compas asked Mr. Westman if, when staff initially approved this project, was it understood
that there would be a high school built nearby.
Mr. Westman replied that he does not specifically recall any discussion about the high school but that the
high school site has been designated on the General Plan for many, many years.
Mr. Wayne interjected that the high school had been planned in its current location for many, many years,
and that staff did not approve the initial project, it was the Planning Commission that gave the approval.
He also pointed out that all of the concerns that have been expressed at this meeting were fully discussed
and determined by the previous Planning Commission and that the project satisfied the requirements of
good planning and staff recommended approval.
Commissioner Monroy asked if there was a traffic study done for the initial approval and how much has
the traffic changed since then.
Mr. Wojcik replied that there was a traffic study done at that time. Because of all of the decreases in
density from projects that have since been approved, the projected build-out traffic would be less than it
was at the time the study was done.
Commissioner Compas asked Mr. Wojcik if, when the traffic study was done, was staff aware that this
high school would have no busing and Mr. Wojcik replied that they were aware of this and the study took
that into account.
Commissioner Welshons expressed reservations for this project, in that she has not had the opportunity to
review all of the previous documents (she was not a Commissioner when this project was first approved)
and suggested that this item be continued to allow time for further study of all of the pertinent documents.
Commissioner Compas agreed with Commissioner Welshons and stated that perhaps the Commission
should take the time to review this project in more detail.
ACTION: Motion by Commissioner Welshons, and duly seconded, to continue this item to
the regularly scheduled meeting of the Planning Commission on February 4,
1998.
Chairperson Noble stated that he was on the Commission when this project was first approved. He stated
that they heard all of the same concerns expressed at this meeting and after very lengthy debate, the
Commission unanimously approved the project. He also stated that the Commission cannot be
responsible for the promises of a developer or real estate agent to their buyers. Mr. Noble stated that he
feels that it is unfair to further postpone this project and he is in favor of approval as presented.
Commissioner Heineman, agreed with Chairperson Noble, in that the Commission cannot be responsible
for the promises of a developer or real estate agent. He further agreed with Commissioners Welshons
and Compas, that this item should be continued to allow time to gather and study more information
pertinent to the project.
Commissioner Monroy stated his support for a continuance for further review.
VOTE:
AYES:
NOES:
ABSTAIN:
6-l Noble, Heineman, Savary, Monroy, Welshons, and Compas
Nielsen
None
MINUTES 44
CONTINUED PUBLIC HEARING:
4. CT 91-06x2- TIENDA DE LA ESQUINA - Request for a One Year extension of the Tentative Map
on property generally located at the southeast corner Of Rancho Santa Fe Road and Camino De
Los Caches in Local Facilities Management Zone 11.
Assistant Planning Director, Gary Wayne, introduced the item and announced that the Commission’s
action on this item is final and will not be forwarded to the City Council Unless it is appealed within ten (10)
calendar days.
MINUTES
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PLANNING COMMISSION February 4, 1998 Page 5
Project Planner, Christer Westman, presented the staff report and described this project as follows: This
item was continued from the January 21, 1998 meeting of the Planning Commission, in order to give the
Commission time to review the original documents which approved this project in 1991, as well as an
opportunity to review the site plan for further consideration. It is a neighborhood commercial center, on
7.6 acres which includes a gas station and convenience market. One building identified on the site plan
has been identified as “for financial purposes only” with a drive-thru. The remaining buildings are
considered speculation buildings. Total square footage of the project is 50,000 sq. feet. Access to the
project is from two locations; 1) a right-in-only driveway off Ranch0 Santa Fe Road; and, 2) a signalized
driveway (if warranted) on Camino De Los Caches at Calle Timiteo.
Mr. Westman stated that between the last meeting and this date, there has been a petition submitted to
the Planning Commission in opposition of this project. Also, he stated that a letter from Diane Sage, VP
Health & Safety, Mission Estancia PTA, also in opposition of the project.
Commissioner Savary asked staff to elaborate on the deceleration lane, as it appears in Engineering
Condition No. 60A, on Page 9, Resolution No. 3135, it’s location and what has to be done to obtain it.
Principal Civil Engineer Bob Wojcik responded by stating that the deceleration lane would be like a fourth
lane. It would be northbound prior to the right-turn-in driveway to allow vehicles to safely get out of the
flow of traffic and not impede traffic while making the turn into the center.
Referring to Condition No. 66, Page 10, Resolution No. 3135, Commissioner Savary asked if the access
rights have been obtained or are in the process of being obtained. She also asked if the project is
contingent on whether or not those rights are obtained.
Mr. Wojcik replied that the applicant has not processed anything for obtaining access rights, to date, and
that the applicant is probably waiting to see if he is going to receive the three year extension he has
requested.
Commissioner Compas asked Mr. Westman for his response to the petition and letter received from the
opponents of this project.
Mr. Westman stated that the letter states that the Mission Estancia School students, who walk to and from
school, should not be exposed to risk by having to cross a busy driveway nor should there be a gas
station built near an elementary school. He pointed out that the children would be walking on a sidewalk,
intended for pedestrians, and sidewalks routinely cross over driveways or entrances to both commercial
and residential and industrial projects. Mr. Westman continued by stating that with prudent driving (by the
motorists) and the exercise of prudent responsibility on the part of the children, accidents can be avoided.
As for a gas station being in this neighborhood, Mr. Westman pointed out the General Plan and the
Zoning Ordinance designates that site as Neighborhood-Commercial and gas stations are allowed with a
Conditional Use Permit. The assumption is that through the granting of a Conditional Use Permit and the
project having been adequately conditioned, a gas station would be compatible with the neighborhood at
this location.
Based on what is known now, that may not have been known when this project was first approved,
Commissioner Compas asked Mr. Westman if staff has any other conditions that might be placed on the
project to make it more compatible.
Mr. Westman replied that staff does not have any new conditions to suggest.
Commissioner Welshons asked Mr. Westman to explain the modification to Condition No. 3, Resolution
No. 3136.
Mr. Westman responded by explaining that this condition, in the original conditions, were relatively
nebulus, in that it did not specify if one building permit (because it is a multi-building project) or all building
permits had to be issued within eighteen months from the date of the final recordation of Tract Map CT 91-
MINUTES if’6
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06. The intent of this modification is to identify the largest and most significant buildings and the
construction of those buildings would have to begin in order to vest the project. He went on to say that if
the permits are not issued and construction does not begin, then after the tentative map became a final
map, then there would be an expiration date of eighteen months when the project would expire and would
not have the opportunity to be renewed or reconsidered. At that point, if the developer wished to proceed
with the project, he would have to go back and begin the process all over again.
In the event that buildings B and C, and the gas station are built and the other building pads remain empty,
Commissioner Welshons asked how, or in what condition, the empty pads would be retained and if the
project would be allowed to add the three remaining buildings at any time in the future.
Mr. Westman responded by pointing out that if the gas station construction is not begun within the
eighteen months, its Conditional Use Permit (separate from the other CUPS) will expire. He further
pointed out that the intention is that there should be a sunset on the gas station itself, and that there
should also be sunset for the overall project which is reliant on buildings B and C. Essentially, those two
components would be required to have building permits within eighteen months, thereby setting a sunset
on the overall project. With regard to the vacant pads, Mr. Westman stated that when there is a phased
development of a project and it is intended that one or more pads will remain vacant for a length of time,
they are hydroseeded and temporarily irrigated, for erosion control.
Commissioner Welshons asked if there is a condition to that effect.
Mr. Wayne responded by stating that hydroseeding and temporary irrigation are requirements in the
Landscape Manual and they would have to adhere to that.
Commissioner Compas asked Mr. Westman to explain why staff is recommending a three year extension
instead of a one year extension as requested by the developer.
Mr. Westman replied that after reviewing the project against the Subdivision Map Act, for the number of
extensions that could possibly be granted for the project, staffs position was to recommend that the
project be granted the extensions that are still available to it. The recommendation was, essentially, to
expedite the process rather than bring the project back before the Commission every year for the same
discussion. Granting a three year extension would place a final date on which Final Map would have to be
obtained or the project would die.
Mr. Wojcik added that since the ordinance regulating such extensions has been changed to allow multiple-
year extensions, the City Engineer recommended the three year extension in an attempt to provide time
for other projects.
Chairperson Noble reminded those present that the purpose of this hearing is whether or not to approve
the requested extension, and added that the project itself was previously approved in 1991.
Commissioner Compas suggested that those in the audience that wish to do so, speak during Public
Testimony and make suggestions for appropriate additional Conditions of Approval.
Chairperson Noble asked the Commissioners to indicate whether or not Public Testimony should be re-
opened and the consensus was to re-open.
Chairperson Noble re-opened Public Testimony and offered the invitation to speak.
Randy Nakagawa, 7703 Sitio Musica, Carlsbad, asked that the Commission look at the possibility of
adding one or all of the following conditions: 1) ban the sale of all liquor products at the convenience store;
2) limit the hours of operation for both the gas station and the convenience store; and, 3) limit signage and
lighting so as not to be intrusive to the neighbors as well as in the park. Mr. Nakagawa also made
reference to the petition mentioned in the staff report, in opposition to any commercial project being
allowed to come into their neighborhood. Mr. Nakagawa asked that those people in the audience who are
MINUTES it-7
PLANNING COMMISSION February 4, 1998 Page 7
in opposition to this project, be allowed to stand and be counted. Approximately 30 persons were
counted.
Commissioner Compas asked Mr. Nakagawa what hours he would wish imposed on the gas station and
convenience store.
Mr. Nakagawa replied that daylight hours, only, would be preferred. Additionally, he suggested that
maybe the park hours could also be regulated.
Commissioner Heineman asked Mr. Nakagawa if it is the “price-per-gallon” signs that he is wishing to
have regulated.
Mr. Nakagawa explained that because many of the homes, in that area, are built very close to the street,
that to have obtrusive signage and lighting would be unacceptable and not in keeping with the overall look
of the neighborhood.
Bill Ryglewicz, 7700 Carte Promenade, Carlsbad, stated that in his opinion, this is not an appropriate
location for a project such as this. He pointed out that there is a park directly across the street and the
Mission Estancia Elementary School is immediately adjacent to the property. He also pointed out that
there is a very similar project being built directly to the north (on the corner of Ranch0 Santa Fe and La
Costa Avenue), and there is no need for two such projects in such close proximity to each other. Mr.
Ryglewicz suggested that projects like this be kept out of residential areas and be confined to areas more
commercial in nature. He also stated that he was not aware of the potential building of this project when
he bought his home, nor was the developer.
Sharon Pease, 3314 Carte Verso, Carlsbad, stated her opposition to the project by saying that it has been
her experience that convenience stores, gas station, etc., tend to encourage loitering and jay walking by
school age children as well as by transients. Also, Ms. Pease stated that in conversations with school
officials, it was stated that businesses such as convenience stores and gas stations in areas close to
schools, also tend to encourage truancy and tardiness. On the basis that this project is inside both
residential and school areas, Ms. Pease urged the Commission to disapprove this project.
Stephanie Zimmerman, 7811 Calle Jalisco, Carlsbad, stated that she does not feel that this is an
appropriate project for a quiet residential neighborhood, not to mention that it is intended to be built
adjacent to an elementary school. Ms. Zimmerman further voiced her opposition to the project and urged
its disapproval by the Commission.
Pam Greenberg, 3371 Avenida Nieve, Carlsbad, generally reiterated her comments, from the meeting of
January 21, 1998, and once again urged the Commission to deny the extension as requested by the
applicant.
Neil Lowe, 7731 Corte Promenade, Carlsbad, stated that the reason he and his family moved into
Greystone at the Park, is because it did not have any commercial development. He further stated that
they were not made aware of this impending commercial development when they bought their home. Mr.
Lowe voiced his opposition to this project on the basis that it is his opinion that it does not fit in with the
rest of the area, there is no need for it, and it serves no purpose to the community. He pointed out that
there are plenty of gas stations and grocery stores within a relatively short distance and there is no need
for more. He also voiced concern that a convenience store would attract transients, much the same as
Albertson’s does now, and the transients would ultimately take up residence in the bushes and in the park.
As for suggestions for additional conditions or limits, Mr. Lowe stated that he knows of nothing that could
be added that would make this project acceptable.
Jack Alagretti, 7740 Corte Promenade, Carlsbad, stated that he agrees with the statements of those
speakers who have preceded him and is totally opposed to the entire project. However, if the project is
approved and built, he would have to see a condition requiring the establishment of a pathway for the
children to use, that would bypass the gas station and convenience store, on their way to school.
MINUTES //( 8
PLANNING COMMISSION February 4, 1998 Page 8
Ray O’Toole, Principal of the Mission Estancia Elementary School, stated that the proposed development
of a project such as this one, raises serious concerns regarding the safety of the children. He agreed that
there should be a pathway for the children which bypasses the project. Mr. O’Toole asked if the property
surrounding the project site is private property or an easement and who owns it.
Commissioner Welshons asked Mr. O’Toole what route is usually used by the children.
Mr. O’Toole replied that they walk down Ranch0 Santa Fe Road or they car pool. He added that there is
no school bus service.
Commissioner Welshons asked Mr. O’Toole if the school would install a gate in the fence, if a pathway
were to be built as a bypass and he answered affirmatively.
Anna Leo, 3353 Avenida Nieve, Carlsbad, agreed with all of the previous speakers but added that she has
a concern regarding the health hazard that would be imposed on children and pregnant women, by the
gas station. She stated that parents don’t want their children breathing gasoline fumes every day, as
would probably happen because the school is so close by. Ms. Leo also questioned why so many homes
have been allowed to be built when the city has known, since 1991, that there is a commercial use already
approved for this site.
Scott McVey, 3310 Corte Verso, Carlsbad, suggested conditions including a limitation on lighting and the
removal of the right-in-only off Ranch0 Santa Fe Drive, creating limited access to the project and thereby
discourage the applicant from pursuing this project.
Applicant, Mark Gerber, 340 So. Flower St., Orange, CA, stated that he has owned this property for over
ten years and that the property was zoned commercial in 1980 by the La Costa General Plan. He pointed
out that his company worked very closely with the City and the other developers through the late 1980s
and the early 1990s and in fact helped finance the infrastructure for the homes that are now built in the
areas surrounding this project. The residential neighborhoods and schools have always been envisioned
in their current locations. In fact, he added, some of the densities have been reduced in the ensuing
years. Mr. Gerber continued by stating that it took over three years to get the map approved, with all the
related approvals, and what started out as a 70,000 square foot project has now been scaled back to a
50,000 square foot project, in an effort to alleviate some of the concerns of the public. He also pointed out
that the traffic pattern has been carefully designed to be the safest and most efficient and that they are
contributing to a traffic signal at the corner of Camino De Los Caches and Calle Timiteo. Also, to clarify
what appears to be a point of confusion, Mr. Gerber stated that the driveway onto the property is a right-in-
only and is not a right-out exit.
Based on the evening’s testimony, Commissioner Compas asked the applicant if there are any conditions
that have been suggested that he is willing to accept.
Mr. Gerber responded that one of the concerns was the visibility of the gas station site and stated that
they had specifically chosen the site in the corner of the property because it will be twenty-five feet below
street grade and will not be seen from Greystone. Also, he continued, they have limited the hours of
operation of the gas station and convenience store to the hours between 5:00 a.m. and 12:00 Midnight.
Commissioner Heineman asked if Mr. Gerber would agree to a condition limiting or eliminating the sale of
beer and wine.
Mr. Gerber replied that he would consider a condition to limit or eliminate the sale of beer and wine, as it
relates to a convenience store.
Commissioner Welshons asked Mr. Gerber what he envisions the signage will be, relating to the gas
station.
MINUTES 49
PLANNING COMMISSION February 4, 1998 Page 9
Mr. Gerber responded by stating that they have not done a “sign program”, to date: but they will definitely
not have any kind of a pole sign and they will probably be stationary signs at the entrances. He added
that he does not envision a huge sign, with prices, right on the corner.
Commissioner Welshons then asked the applicant if he would have any objection to a condition prohibiting
pole signs and Mr. Gerber replied affirmatively.
Regarding the design, Commissioner Welshons pointed out that there are drawings of the other buildings
proposed for the project, but there are no drawing for the gas station, and asked Mr. Gerber if there are
drawings for it.
Mr. Gerber replied that there are drawings, in keeping with the architectural guidelines and architecture of
the surrounding buildings, that are currently in the hands of staff and which must be approved.
Mr. Westman stated that he had exhibits that include the gas station and put them on display along with
the other exhibits.
Commissioner Monroy asked Mr. Gerber if the Architectural Standards for Signs is what Mr. Gerber was
referring to when he described the type of signage that would be used for the project and Mr. Gerber
replied affirmatively.
Commissioner Welshons asked Mr. Gerber if he is now ready to begin looking for tenants for this project
and he replied that he is, and added that this center would have been finished many years ago had the
market conditions been appropriate.
Seeing no one else wishing to testify, Chairperson Noble closed Public Testimony.
Mr. Westman, on the subject of safety, stated that although there isn’t a specific safety plan included with
the Resolutions, it is something that could be obtained from the Police Department prior to issuance of
building permits.
Commissioner Compas asked if that also includes child safety going to and from school.
Mr. Westman replied that, typically, the City does not get comments about that type of safety from the
Police Department and the comments are generally specific to the project, such as hardware, lighting, and
landscaping requirements. They do not specifically identify what would be the safest passage on public
sidewalks.
Commissioner Nielsen asked, if a gas station is placed on this site, will it be brought before this
Commission for a Conditional Use Permit.
Mr. Westman replied that the CUP is a part of this package and would not be brought back before this
Commission.
Commissioner Nielsen asked Assistant City Attorney, Rich Rudolf, is alcoholic beverages can be sold in
such close proximity to schools.
Mr. Rudolf replied that the zoning for this property allows Off Sale Package Liquor Stores, subject to a
Conditional Use Permit, but within the past year, state law has changed and there is an issue with regard
to potential preemption of the city’s ordinances. He further stated that he was not aware that this was an
issue and therefore not well prepared to address the subject. However, he continued, his recollection is
that the city still has the ability to control it through zoning areas in which the sale of alcoholic beverages is
allowed or not allowed. The old control of a Conditional Use Permit may be suspect and if the
Commission is inclined to impose some kind of condition with regard to that, staff would have to request a
continuance to allow time to research the ability of the Commission to impose such a condition(s).
MINUTES
PLANNING COMMISSION February 4, 1998 Page 10
Mr. Wayne interjected that it was his interpretation of the existing code that the existing approval is narrow
and it only approves the gas station and does not approve the on site sale of off-sale liquor. Therefore,
they would have to apply for another CUP per the existing zoning. However, there is recent legislation
that is directed at this issue and local governments are preempted in certain ways. Mr. Wayne went on to
say that neither he nor Mr. Rudolf is familiar with the precise wording of the federal preemption and would
require time to research it.
Commissioner Heineman asked if the applicant can place a voluntary condition to prohibit the sale of
liquor.
Mr. Wayne replied that he can, however, there will be no condition for enforcement.
Regarding the limitation on the hours of operation of the gas station and convenience store, Commissioner
Savary asked if the city can legally make that a condition of approval.
Mr. Westman interjected with the information that the hours of operation are contained in the Conditional
Use Permit Resolution No. 3137, Page 2, Condition No. 3, which was one of the original resolutions of
this project.
Commissioner Savary asked if it is appropriate to adjust those hours, and was answered affirmatively.
She went on to suggest that the closing hour be changed to 1O:OO p.m.
Regarding the piece of property directly behind the project site, Commissioner Welshons asked Mr.
Westman who that property owner is.
Mr. Westman replied that he is not certain who the owner is but he is familiar with the zoning and General
Plan Designation and it is “open space” and therefore no development would be allowed there.
Commissioner Welshons asked what is actually designed for the corner of the property, at street level,
and is it actually a wall of some type.
Mr. Westman, referring to the exhibits, stated that there is a wall proposed for the corner and it is a
retaining wall.
Commissioner Welshons then asked what has been proposed for signage for the entire commercial
center. what has been reviewed and where will signage be located.
Mr. Westman replied that the city has not received any applications for a sign program. He added that a
sign program is required to be reviewed and approved, subsequent to any approval, and that is done by
the Planning Department and issued by the Planning Director. Mr. Westman also pointed out that when
this project was reviewed, there was some consideration given to the architectural design of the project,
as to where signage MAY go, but there was no sign program included with the approvals to identify
specifically where the signage would be or what the signage would look like. In addition, he continued,
what would be anticipated, specific to the gas station itself, is that at or nearby either entrance location,
there would be some kind of a low monument type sign, internally illuminated, much the same as the
signage at other gas stations in the city.
Commissioner Welshons asked if Ranch0 Santa Fe Road is designated as a Scenic Corridor and if so,
are there any restrictions.
Mr. Westman replied that Ranch0 Santa Fe Road is designated as a Scenic Corridor, in the General Plan.
However, that does not preclude having this type of monument signage.
Commissioner Compas asked if signage would be allowed on the corner and Mr. Westman replied that it
would be considered.
MINUTES JJ
PLANNING COMMISSION February 4, 1998 Page 11
Mr. Westman went on to explain that signage on that corner would be considered because there are
regulations which are not the City’s regulations, that gas stations must have that signage and the City
cannot override those regulations.
Mr. Wayne, with regard to the pathway for the children, stated that that open space was dedicated by the
developer to the south and the wording in the easement is what will really govern its use. Also, there was
environmental review on that and it is all part of a corridor that has now become habitat. It has always
been planned to be habitat. Additionally, Mr. Wayne stated that this is also an issue that will need to be
researched and would also require a continuance to allow time for review.
Mr. Wojcik stated that to the best of his knowledge, the homeowner’s association (to the south) owns the
piece of property currently in question and are supposed to be maintaining. Also, at the time that
development went in, city staff tried to get the school district and the developer together to build a path
from Camino De Los Caches to the school and that effort was unsuccessful.
Commissioner Nielsen asked if conditions can be imposed on a project regarding property owned by
someone other than the developer.
Mr. Rudolf replied that it is possible that there could be nexus for a requirement for a developer to obtain
off-site authority to buy an easement for a use such as a pathway. He added that that may not be
necessarily so with this project, but it is theoretically possible.
On the issue of signs, Mr. Wayne stated that Resolution No 3135, Page 5, Condition No. 31 in the
Tentative Map, states, “A uniform sign program for this development shall be submitted to the Planning
Director prior to the issuance of building permits”. Also, he continued, it further states that no signs are
allowed on the walls at the back of buildings 3 and 4. Mr. Wayne suggested that the Commission can
amend that condition to have the developer return to the Commission for sign approval. Also, there is
currently only one scenic overlay zone and that pertains to El Camino Real which has special sign
considerations in it. Right now, there is no overlay over Ranch0 Santa Fe Road to offer assistance to the
Commission.
Regarding a safety plan, Commissioner Compas asked Mr. Wayne to clarify the question of having such a
plan.
Mr. Wayne replied that this is standard operating procedure that the Police Department makes comments
that would not affect the permits but that are a suggestion for a discretionary project. Also there is a
responsibility on the part of the Traffic Engineer to review all of the traffic and pedestrian circulation to
assure the safety of both.
Commissioner Compas asked if it is possible to condition this project to require a safety plan to be in place
and Mr. Wayne answered in the affirmative.
Commissioner Compas suggested that this request by the applicant be continued to allow for additional
research time and stated that he would like to see the following added conditions: 1) a ban on the sale of
all liquor products in the convenience store; 2) a reduction of the hours of operation; 3) require the
applicant to return to the Planning Commission with a sign program; 4) a safety plan; and, 5) lights to be
directed away from Greystone. Mr. Compas also stated that he would like staff to look into the
possibilities surrounding the addition of a pathway for the children.
Commissioner Heineman concurred with all of the suggestions made by Commissioner Compas but
stated that he fails to understand why a pathway is necessary since the children already walk to school via
Ranch0 Santa Fe Road.
Commissioner Welshons also endorsed the added conditions suggested by Commissioner Compas.
Chairperson Noble also concurred with the suggested added conditions. However, he continued, this item
MINUTES J-9
PLANNING COMMISSION February 4, 1998 Page 12
has had several continuances which have included Public Testimony and in his opinion, any further
continuances should not include any further Public Testimony.
At the request of Commissioner Compas, Chairperson Noble re-opened Public Testimony to allow the
applicant to respond to the suggested added conditions.
Applicant, Mr. Gerber, stated that he has no objection’to any of the added conditions, except that he is not
quite sure how he would go about contacting the proper party/parties, regarding a pathway over their land.
Seeing no one else wishing to testify, Chairperson Noble closed Public Testimony.
ACTION:
VOTE:
AYES:
NOES:
ABSTAIN:
Motion by Commissioner Heineman, and duly seconded, to continue this item to
the Regular Meeting of the Planning Commission on March 4, 1998 to address
the items by Commissioner Compas, at which time there will be no further Public
Testimony accepted.
7-o
Noble, Heineman, Savary, Monroy, Welshons, Compas, and Nielsen
None
None
CONTINUED PUBLIC HEARING:
2. CT 91-06x2- TIENDA DE LA ESQUINA - Request for a one year extension of the Tentative Map
on property generally located at the southeast corner of Ranch0 Santa Fe Road and Camino De
Los Caches in Local Facilities Management Zone 11.
Assistant Planning Director, Gary Wayne, introduced the item and stated that Staff Planner, Christer
Westman, would make the presentation.
Project Planner, Christer Westman, presented the staff report and described this project as follows: This
project is a neighborhood commercial project on approximately 7.6 acres at the corner of Ranch0 Santa
Fe Road and Camino De Los Caches. The Commission has heard Public Testimony regarding this
project and its request for a continuance, at the February 4, 1998 meeting. The Commission asked staff
to research the potential for limiting the sale of alcohol at the site as well as the potential for requiring an
MINUTES 54
PLANNING COMMISSION March 4,1998 Page 3
off-site trail within an adjoining open space lot. The City Attorney’s office has advised the Planning
Department that the sale of alcohol, from this location, would require the approval of a Conditional Use
Permit. The existing Conditional Use Permit does not address the sale of alcohol. Therefore, if this
Conditional Use Permit is granted an extension, it does not allow for the sale of alcohol at the location in
question.
Regarding the trail discussion, the adjacent open space is owned by the Bank of America and there is no
open space easement over the lot. Because the development, as proposed, will not obstruct pedestrian
movement, staff is not recommending that an additional condition be placed on the project requiring the
off-site trail. There are some suggested modifications on page 2 of the Staff Report and they are as
follows: 1) Require a Safety Plan to be implemented prior to building permit issuance; 2) Amendment of
Condition No. 3 of Resolution No. 3137 to limit operation of the gas station to the hours of 5:00 a.m. and
10:00 p.m.; and, 3) Amendment of Condition No. 31 of Resolution No. 3135 to require approval of a
uniform sign program by the Planning Commission versus a Planning Director approval.
Commissioner Welshons, regarding the sale of alcohol, asked Mr. Westman to clarify his references to the
Conditional Use Permits.
Mr. Westman responded by stating that the applicant could either ask the Planning Department to amend
the existing Conditional Use Permit, or they might just ask for a whole new Conditional Use Permit which
would be entirely procedural. .
Commissioner Welshons asked what portion of this project is covered in the existing CUP.
Mr. Westman replied that the current CUP covers the gas station and the convenience market only.
Commissioner Welshons voiced her concern regarding the possibility of take-out food establishments in
the project.
Mr. Westman pointed out that a take-out only restaurant, such as a Pizza Hut, would be allowed in the
project, but reminded the Commission that there is no room for a drive-thru, nor would one be allowed.
Commissioner Welshons then asked if any of the other proposed buildings will be allowed to have alcohol
for sale.
Mr. Westman replied that no other building would be covered by the existing CUP but that it is possible
that there could be a bonafide restaurant that serves alcohol. If there are tenants of the complex who wish
to sell or serve alcohol, they would be required to apply for an entirely separate CUP.
Commissioner Welshons asked Mr. Westman if it is possible for changes to be made to this project that
would not be brought back to this Planning Commission.
Mr. Westman replied that any changes will have to come back before the Commission.
Commissioner Welshons asked if it has always been envisioned that there would be two gas stations, in
such close proximity to each other, as the one in this project and the one on the corner of La Costa
Avenue and Ranch0 Santa Fe Road, and also, were these gas stations approved simultaneously or did
one approval come before the other.
Mr. Westman replied that it was not always envisioned to have .those two gas stations, such a short
distance apart, but that the station at the corner of La Costa Avenue and Ranch0 Santa Fe Road was the
one to receive the first approval.
Commissioner Welshons stated that the Commission had posed a question regarding signage, at the last
meeting, and asked Mr. Westman to respond to that question.
MINUTES H
PLANNING COMMISSIOi\ March 4, 1998 Page 4
Mr. Westman explained that pole signs are not allowed and that tnOnUment SignS are restricted to eight
feet in height, per the sign ordinance. In addition, Mr. Westman pointed out that this project is conditioned
to provide a sign program which implements the sign ordinance and which could be brought back to this
Commission for approval.
Chairperson Noble stated that there would be no further Public Testimony unless vigorous objections are
received from a majority of the Commissioners.
ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning
Commission Resolution No. 4217, approving a three year extension of CT 91-06,
based upon the findings and subject to the conditions contained therein, including
an amendment to Condition No. 3 of Resolution No 3137, to limit operation to the
hours between 500 a.m. and 10:00 p.m., and to add a condition to Resolution
No. 3135 to require that a Safety Program shall be developed, and approved by
the Carlsbad Police Department, prior to building occupancy.
Commissioner Welshons stated that she cannot support this project based on the testimony heard at
previous meetings, and agrees that there does not need to be two gas stations so close to each other.
She further stated that she does not believe that the applicant has diligently pursued tenants for this
project and therefore no real progress has been made on this map.
VOTE:
AYES:
NOES:
ABSTAIN:
6-l
Noble, Heineman, Savary, Monroy, Compas, and Nielsen
Welshons,
None
EXHBIT 6
DATE: March 16,1998
TO: Bobbie Hoder - Planner
FROM: Sherrie Worrell - Clerk’s Office
BE: Tienda De La Esquina - CT 9 1-06x2
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL
According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date
that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda
bill is signed off by &J parties.)
Please process this item in accordance with the procedures contained in the Agenda Bill Preparation
Manual. If you have any questions, please call.
The appeal of the above matter should be scheduled for the City Council meeting of: .
Signature Date
1200 Carlsbad Village Drive l Carlsbad, California 92008-1989 l (760) 434-2808 5’ 7
APPEAL FORM
ppeal the decision of the
to the Carlsbad City Council.
Date of Decision you are appealing: +avcL “‘t, \vu!i -
Subiect of AD-~ :
SE SPECIFIC Examples: if the action is a City Engineer’s Decision, please say so. ‘If a project has
multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here.
Reasonfd for ADDeal: l Ploaso Note l Failun to specify a rmason may nsult in denial of
the appeal, and you will be limltod to thm grounds stated hen when pnsenting your appeal.
BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local
laws, plans, or policy?
SIGNAT
~+y&A& s
.
\w\T~-wu\
NAME (please print)
DATE
qs3-?\Qo
PHONE NO.
“1x\\ ceA\eqG.\b-Q
ADDRESS: Street Name 8 Number
CD-6 ~daQ& Q-A 9 a-9
City, State, Zip Code
38 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 l (819) 434-2808 @
^-
I(We) appeal the decision of Carlsbad City Council.
Date of the Decision you pare appealing: March 4,1998
. of APgeal. BE SPECIFIC Examples: If the action is a City Engineer's
Decision, please say so. If a project has multiple elements, (such as General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here:
The Southeast Carlsbad Homeowners wish to appeal the decision of the Carlsbad Planning Commission made on Wednesday, March 4, 1998 re: CT 91-06X2 - TIENDA DE LA ESQUINA approving a request for a three-year extension of the Tentative Map on property generally located at the southeast corner of Ranch0 Santa Fe Road and, Camino De Los Caches in Local Facilities Management Zone 11.
Beasonts) for m: * Please Note * Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy?
The Planning Commission erred in approving a 3-year extension for CT-91-06X2 ("the Site") when they did not consider the strong public testimony, valid concerns of homeowners, elementary and high school administrators, evident changes in the community, and the potential for the site to become a public nuisance.
The Carlsbad City Council's decision to grant a 3-year extension for the Site would cause or permit a condition to exist which poses a significant threat to the public's health, safety and welfare. We believe that the development of the Site, according to the present plan, would be a *'public nuisance,lp rendering the homeowners' ordinary use of their own property physically uncomfortable through sources of annoyance by smoke, odors, noise, lighting, signage, and traffic congestion. The increase in commercial traffic will present significant safety hazards to the community's children as they walk to neighborhood schools and play in the adjacent park. In addition to safety concerns, we feel the Site will serve as an enticement to high school students, leading to truancy and absenteeism. The community has changed dramatically since the initial approval was granted in 1991. The development does not "fit" the sense of community the residents bought into. The Site, therefore, is not in any way a compatible land use plan. The Southeast Carlsbad Homeowners represent more than 1,000 single-family homeowners in Sonata, Greystone on the Park, Santa Fe Trails, Summerwalk, The Ranch and other properties adjacent to or near the Site.
Attachment to Appeal Re: CT-91-06X2
Definition of Nuisance, according to Black's Law Dictionary, 6th. Edition.
Nuisance: activity which arises from unreasonable, unwarranted and or unlawful use by a person of a zoned property, working obstruction or injury to right of another, or to the public, and produces such material annoyance, inconvenience and discomfort that law will presume resulting damage. That which annoys or disturbs, one in possession of his property, rendering its ordinary use or occupation physically uncomfortable to him... smoke, odors, noise or vibrations... endangers life or health, give offense to senses, violates laws of decency, or obstructs reasonable or comfortable use of property... Cause or source of annoyance... affects an indefinite number of persons. maintaining a public nuisance is by act, or by failure to perform a legal duty, "intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare.lV
' tory nuisance is the right in equity (system of law and &!j.- what's fair) to prevent a condition from becoming a nuisance by injunction or other order of the court.
February 2,19!XI
Courtney He&man
Carlsbad Planning Commission
City OfCarlsbad
2075 Las Palmas Dr
Carlsbad CA 92009
Re: CT 91-06X2 ‘lknda De La Esquina
Enclosed with this letter you will find signed petitions by over 200 residents of the neighborhood
surrounding the proposed development challenging further extensions of the tentative map. As
the petition says, we are concerned about the negative impact this development will have on our
neighborhood.
Let us say from the outset that we are not opposed to any development of the site whatsoever.
Rather we want the development to be compatible with the neighborhood as it has developed
sin&3 the time when this tentative map was first approved.
It is important to note that at the time CT 91-06 was approved public comment was impossible as
the vast majority of homes were not yet built. Neither was there a high school handling over
2,500 teenagers right down the street. We believe that the reason these tentative maps are given
deadlines is due to eventualities just such as these. Things do change, and developers who buy
property they are “temporarily” unable to develop risk a change in ckcumstances such as the one
thathasoccurredhere.
We hope that we will be given a reasonable amount oftime to converse with the developer and
with the planning department befot extensions m unconditionally granted fbr this property.
This opportunity did not exist at the time the tentative map was fkst approved, which in no way
impugns the integrity or genuine concern of the planning commission at the time of approval.
Neither the homeowners nor the high school, nor the elementary school were even there to be
considered. Now, however, they are.
Respecttilly
The Southeast Carisbad ~omeowoers
CARL-;BAD RESIDENT PE -1TION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De LOS
Coaches and urge you to deny this request for the following reasons:
I. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school, The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial t&k presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial corner on a four corner intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINTNAME SIGNATURE ADDRESS PHONE #
I ms&kj 63+25oY
7 !Atmor Adam F-a 8 E4. ArIms 22G255k
3336 /.0& Eu\e?;doT %-+- 7070
3331, &&.f&kdtj~ Qy-ct - 7~70 I
33Iq rpck E%dwk % -4WT
3335 c&t? E
CAW-YBAD RESIDENT PFITION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to.a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an element@ school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafiic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial corner on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no bufkr zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PFUNTNAME
/4JJian Lissner
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ADDRESS PHONE #
7 81 W&I -Cl&\ iSLo “f36 -Km a
S?AW A VW/h t@d’fi@ 6.e -3221
33&AVWU?h Ol=mm 6 3+37a
33%l- AZJGI. 0-e / -32 7p$F
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CARF7BAD RESIDENT PI-YITION
CT 91-06x2 TIENDA DE LA ESQUINA --
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an estabhshment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan. -.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traf5c presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neigbborhood.
3. We are opposed to a commercial site that includes a gas station. ‘Ibis site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINTNAME
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SIGNATUHE ADDRESS PHONE #
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CARY”,BAD RESIDENT PF-ITION
CT 9 1-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINTNAME SIGNATURE ADDRESS PHONE #
3321 cs& GuB/nz 253 - ovd?s
320 &UK- &s&Ew~, j+ V+36 63
33b &dle$E5k3
3314 &A, 67 Blss
CAR”SBAD RESIDENT Pl=?ITION
CT 9 1-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows. the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafEc presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINTNAME
Ju Cl 6 c.i/t=j/~K
SIGNATURE ADDRESS PHONE #
m4G?llr~w 44J-w9
633~3r/o9
-zg cf\ILb~~e %i&\v CZXL -ws-q&Q & (Q3$.-oq(c& \ u bb
CARWBAD RESIDENT PF-ITION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traflic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
.3ri7/ A&? &irp 94.2 s?o7x
~zcw!.z77
p&&II 2s--
7.13 -dcm ,. 4
6;; 42 g#
jy!- p-c? 5
CARl SBAD RESIDENT PFFITION
L r 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design,
PRINT NAME SIGNATURE ADDRESS PHONE #
CARMBAD RESIDENT PF”ITION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trtic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINTNAME SIGNATURE ADDRESS PHONE #
k!!fLwc&e~ - /+cEG-( 7 74 s77* ~seyj 7@-94 z-d%J40
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777y~435~LA~~LLA 7~o-dJa-s6YP
3730 i?id>~/l& ?@ Y.34 7f5a/
Iv?
CARr-‘SBAD RESIDENT PF”ITION
CT 91-06x2 TIENDA DE LA ESQUTNA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and Iiquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafk presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
&itudLfllti 632-,5W
33”12 Cw Curwtd o 943~-lWi
q&q p/ c, ‘A $Old~~~J-, L Inc3 -&h LIP- -
CAR’-- SBAD RESIDENT Pr-ITION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
wiIl be open extended hours. The increase in commercial trtic presents significant safety hazards
to the students of our community, wiIl be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no but&r zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
33Ljww~. PGv,- C?Y.$7M
3373 Ihe ti l&f 1)yY-Y ks2
3-3 40 AAlrzVE
CARFBAD RESIDENT PE-‘ITION
CT 9 1-06x2 TIENDA DE LA ESQUXNA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to ‘a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commerckl site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafk presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
SIGNATURE ADDRESS PHONE #
7766 Lar??i t&$@= $0.&+2 37 17
&cuqb ncpy e&&u ,(
ppL$& 77 4g ” / ” 7 60. t53+5-73%
Czw _A& 7748 r&e //
CARLLBAD RESIDENT PE 11~10~
CT 9 1-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 9 1-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
I. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trtic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
I ~~O+frJ hf. &-~&q &J
i- i+w, k . $ehd+
‘F% . .yL 33ii fk+~~3~~~~~~~~~;~~;7
zp+ /?- h&t,&& 3332 ti &&J&+0 E y- ‘c
[da& 653-376,
w33w G&4&4
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CARI.“BAD RESIDENT PE-ITION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to.a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traBic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. ,The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINTNAME SIGNATURE ADDRESS PHONE #
CARI-‘,BAD RESIDENT PE1’ITION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafik presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME , SIGNATURE ADDRESS PHONE #
~~v-w4
wl- 1044
/
/-
., ” CARI”IBAD RESIDENT PE-ITION
CT 91-06x2 TIENDA DE LA ESQUINA
” We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafk presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
SIGNATURE ADDRESS PHONE #
----> -3.c .5 ‘75 7 &&,,]Lg- 6 31/-Y 447.
J- 33% &k&fk &de. 9cr2 -@Sb
CARL-BAD RESIDENT PEYTION
CT 91-06x2 TIENDA DE LA ESQUTNA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to ‘a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafhc presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINTNAME
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SIGNATURE ADDRESS PHONE #
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TIENDA DE LA ESQUINA
CT 91-06 X 2
APPEAL PREPARED BY
STEPHANIE ZIMMERMAN
JUNE 2,1998
Mr. Mayor and City Council members, I appreciate the opportunity to speak before
you today, representing hundreds of homeowners in Southeast Carlsbad who
believe that the Carlsbad Planning Commission erred in granting a 3-year
extension for a Tentative Map for the property titled CT 9 1-06X2, also known as
Tienda de la Esquina.
The lynch pin for this appeal is that we believe that this development will be a
public nuisance and poses a significant threat to the public’s health, safety and
welfare. The term “ anticipatory nuisance” gives us the right in equity to
encourage the City Council to help prevent a condition from becoming a nuisance.
According to Black’s Law Dictionary, a public nuisance is defined as “that which
annoys or disturbs one in possession of his property, rendering its ordinary use
or occupation physically uncomfortable to him...” The term includes such
environmental issues as “smoke, odors, noise or vibration.. .” and describes a
public nuisance as giving “offense to senses.. ., or “obstructs reasonable or
comfortable use of property...is a cause or source of annoyance...affecting an
indefinite number of persons.”
In addition to the public nuisance concerns mentioned above, the Planning
Commission erred significantly in not reasonably considering the voice of the
community expressed in public testimony. Most importantly, the Commission
erred by issuing permits that ignore basic requirements as stated in the
Carlsbad General Plan and Carlsbad Municipal Code, and by not following
the very precise tenants of the Carlsbad General Plan with regard to public
safety, land use, noise, circulation, and planned use development
The Planning Commission granted a CUP for a gas station on this property. We
believe this was granted in error for two main reasons: #1: It is contrary to the
definition for a CUP which states that an appropriate use is one “that may locate in
certain zones provided it will not be detrimental to the public health, safety.
and welfare and will not impair the integrity and character of the zone.”
This project was approved in 1991, before hundreds of homes and a major high
school ivith 2,500 students came into the area. The community has changed
dramatically since then. Health, safety and welfare issues which we \vill espancl
upon later in this address, not present in 1991, exist in 1998. We believe this
development will definitely “impair the integrity and character of the zone.”
As stated in the appeal, the overall safety and public nuisance issues create a
development that does not “fit” the sense of community the residents bought into.”
It creates issues and concerns contrary to the Vision and directives of the Carlsbad
General Plan and will significantly change the environment we now hold dear.
Planning Commission Resolution No. 3 137 states “that a gas station is desirable
for the development of the community, (and) is essentially in harmony with the
various elements and objectives of the General Plan.. .” We find it is not “in
harmony” at all and will be detrimental to the public health, safety and welfare.
#2: This CUP is contrary to Carlsbad Municipal Code (CMC) 2 1.43 for a
Conditional Use Permit, which states as follows: “Automobile service stations are
defined as retail business establishments limited to the sale of motor fuel, the
s~~pply of goods and services generally required in the operation and maintenance
of automotive vehicles, and the filling of motorist’s needs. These may include sale
of petroleum products, sale and servicing of tires, batteries, automotive accessories
and replacement items.. .etc.”
The Code goes on to state that: “Permits for automobile service stations shall be
oranted only in the event one or more of the following factual situations is found to 3 exist: I) That it is to be developed as part of a master-planned recreation area,
industrial park, regional or community shopping center, ii) That it is to be
developed as part of a fi-eeway service facility, containing a minimum of two
freeway oriented uses.” This does not provide.for an AM/PM type market which is
planned for this gas station, or for a gas station that sells food items in a
neighborhood commercial center, which is what the site is zoned as.
III the CMC, it states that the “decision (to grant a CUP) wil! be affirmed by the
City Council unless the appellant shows by a preponderance of the evidence that
the decision of the Planning Commission is in error, inconsistent with state
law, the general plan, or any applicable specific plan, master plan, zoning
ordinances, or policy of the city.”
We have shown by a preponderance of the evidence that the proposed gas
station on this development site does not meet these requirements.
The development has also been granted a PUD. According to the Planned USC
Dc\~elopment Intent and Purpose, a PUD will: “Provide for projects \c-hich art”
compatible with surrounding developments.”
The following required findings must exist: “The proposed use at the particular
location is necessary and desirable to provide a service or facility which will
contribute to the long-term general well-being of the neighborhood and the
community; such use will not be detrimental to the health, safety or general
welfare of persons residing or working in the vicinity, or injurious to property or
improvement in the vicinity; the proposed project’s design and density of the
developed portion of the site is compatible with surrounding development and
does not create a disharmonious or disruptive element to the neighborhood.”
We believe that we have shown from our selections from the CGP and CMC that
the developed portion of this site is not compatible with surrounding
development and will be (ancl already has become) disharmonious and
disruptive to the neighborhood. We believe the Planning Commission has
erred. We believe all of the above-mentioned required findings do not exist
regarding the planned development and, in fact, do create and encourage all the
negative aspects of the above-stated conditions.
In his report to the City Council issuing a denial to our appeal, Mr. Christer
Westman of the Planning Department, states that “the project is unlikely to attract
transients, create a desirable location for school-age children and high school-age
children to loiter, or that the project would create excess smoke, odor, noise.” He
fLIrther wrote, “staff has asserted that normal use of the project driveways for
ingress and egress will not create a safety hazard for pedestrians using the public
sidewalks which cross these access points.”
We believe these statements are irresponsible and made without consideration
for the normal occurrences at a neighborhood commercial center as well as the
obvious public nuisance factors described earlier.
During the school week, more than 3,500 cars carrying students regularly utilize
Camino de Los Caches as an access to La Costa Canyon High School. This does
not count thousancls of cars from adjacent residential communities; with an
additional 1,500 homes across the street in La Costa Valley, traffic congestion,
noise, pollution, and safety issues will dramatically increase.
Currently, several hundred pre-school children weekly attend programs and
structured play groups utilizing the playground area at Stagecoach Park. We espec~
this number of children will increase exponentially when La Costa Valley is
completed.
According to the January 2 1, 1998 minutes of the Planning Commission, ‘Mr.
Westman pointed out that the gas station and convenience market will be at the
furthest points away from any residential use and that the hours of operation ivill
be limited.” As the existing plan illustrates, the gas station is directly across the
street from two major residential communities, and a large public park. The
main entrance of this commercial development is directly across the street
from the children’s swings and slides. This does not mesh with his statement.
Children from all the surrounding communities, except Greystone, will be required
to cross Camino De Los Caches to attend any regularly scheduled activities, 01
simply play in the park. Friday evening summer concerts at Stagecoach Park \\;ill
further expose hundreds more to increased danger of automobile traffic and
congestion and the annoyance of noise and odors.
In the Planning Department’s direct response to a letter from Diane Sage (VP
Health & Safety, Mission Estancia PTA) expressing concern about the safety of the
hundreds of children who walk to and from the school, Mr. Westman stated that
“with prudent driving (by the motorists) and the exercise of prudent
responsibility on the part of children, accidents can be avoided.” (Planning
Commission Minutes 2/4/98) We consider this statement to be another
irresponsible statement, patently ignoring the normal course of events that
realistically can lead to accidents, especially with the preponderance of drilyers
in their teen years who are known to be among the least responsible of all age
groups. It might be more realistic to expect this from adults, yet adults do have
accidents, drive too fast, ignore safety, drink while driving, etc.
At the Z/4/98 meeting of the Planning Commission, Ray O’Toole, Principal of
Mission Estancia, expressed his worry that “the proposed development raises
serious concerns regarding the safety of the children.”
The intent of the Parks and Recreation Element of the Carlsbad General Plan is to
provide the policy framework “that ensures that the residents, tourists, and
emplo>rees ofcarlsbad are afforded the opportunity to enjoy optimum leisure
experiences.” Optimum’leisure experiences occur when peace, quiet aucl
safet!. pcrvacle the atmosphere - not when anxiety exists for safety 01
cn\~ironrnental concerns cluring a play activity or an entertainment event.
I-Iomeo\\:ners whose property faces onto Ranch0 Santa Fe and Camino de Los
Caches Itrill be most severely affected. Obviously, most of the honleo\vners \\.ould
prefer not to have the site developed as planned, yet, with prudent thought and \\.ith
attempts to make it compatible and harmonious, it could work as a neighborhood
commercial center. However, as the site is presently planned, the gas station and
AM/PM market, make it incompatible with the surrounding neighborhood and a
definite public nuisance, creating potential health, safety and welfare concerns
according to the definition stated earlier!
The authors of The Carlsbad General Plan suggest that the Plan should be reviewed
and statements amended as Carlsbad changes. We believe the Planning
Commission should have looked at this development differently today than it did
in 199 1 before considering granting an extension. It was evident to those of us
attending the three 1998 Planning Commission meetings, that the Commission,
except for Commissioner Welshons, did not want to hear additional discussion
about this property. The Planning Department staff appears to have wanted to wash
their hands of tiny additional work on this project. At the February 4”‘ meeting,
Mr. Westman said the “staff would be unwilling to suggest any other conditions be
placed on this project to make it more compatible.”
There is another development approved for the corner of La Costa Avenue and
Ranch0 Santa Fe Road just one block away from CT-91-06X2. According to the
builder and the developer, construction will commence on a UNOCAL gas station
in the fall of 1999.
In response to a question by Commissioner, Kim Welshons regarding if it has
always been envisioned that there would be two gas stations in such proximity to
each other, “Mr. Westman replied that it was not always envisioned to have those
two gas stations.”
We believe we have effectively shown that the development planned for the corner
of Camino de Los Caches and Ranch0 Santa Fe Road is thus redundant, is not a
compatible use of the land as it relates to the community, does not meet the
very clearly stated goals and objectives of the Carlsbad General Plan and the
Carlsbad Municipal Code and , that if developed as planned, will create a public
nuisance for the communitv.
The Carlsbad General Plan describes the City as follows:
“A City which offers safe, attractive residential areas.. .” It states that “the Cit!.
should preserve the neighborhood atmosphere, retain the identity of the
existing neigh borhoods.. .” We, the residents of Southeast Carlsbacl, onl?
want what Carlsbad has promised for its residents.
Thank you very much for allowing me this time to state our case before you. I
hope you will hear what we have said this evening and we urge you to revoke the
Planning Commission’s extension of a tentative map.
tnW OFFICE OF
NICHOLAS C. q ANCHE
+ PROFEsSION*L CORFQRATION
716 PIER VIEW WAY
POST OPFICE BOX 2.90
OCEANSIDE, CALIFORNIA 92049
May 6, 1998
Frank Mannen
Acting City Manager
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
TELEPHONEC619> 722-166,
FACSlMlLEC619,722-16~
HAND DELIVERED
RE: CT 91-06X2 - TIENDA DE LA ESQUINA
Dear Mr. Mannen:
As a follow up to our conversation of Tuesday, May 5, 1998, please accept this letter as a request
for continuance submitted on behalf of the property owner, Hearthstone Development Corporation,
with regard to an appeal taken from the decision of the Planning Commission which occurred on
March 4, 1998.
As we discussed, I learned of the scheduling of the hearing on the appeal for the City Council
meeting of May 12, and I have long standing vacation plans which will take me out of the country. I
had mistakenly assumed that this matter would not be scheduled during my absence.
I would respectfully request that the hearing on the appeal be rescheduled to either the City Council
meeting of June 2, 1998, or any convenient City Council meeting subsequent to that date.
Your courtesy and cooperation are sincerely appreciated.
Sincerely,
NCB/laa
CC: Mayor Bud Lewis
City Council:
Ramona Finnila
Matt Hall
Ann Kulchin
Julie Nygaard
City Attorney Ron Ball
Planning Director Michael Holzmiller
. . _ ~_ _._ z.---c-*- _.-__,_ ._-_ _ -, .i.: -.r. -y _. ,~. -, ___ “~.__ ._(_ _ ._ ..__- .-- _ .-.___ __ _ __~ ___, - .-__._- -_.~-.-.-I_-.“T-
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CITY OF CARLSBAD -
l .
. . 1200 CARLSBAD dILLAGE DRIVE CARLSBAD, uLIFORNIA 92008
434-2867
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^’ ‘/
REC’D FROM \*.. <“F-“- CA.
ACCOUNT NO.
’ @ Rinted on recycled paper. CASH REGISTER
DATE: March 16,1998
TO:
FROM:
Bobbie Hoder - Planner
Sherrie Worrell - Clerk’s Office
RE: Tienda De La Esquina - CT 9 1-06x2
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL
According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date
that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda
bill is signed off by &l parties.)
Please process this item in accordance with the procedures contained in the Agenda Bill Preparation
Manual. If you have any questions, please call.
The appeal of the above matter should be scheduled for the City Council meeting of: .
Signature Date
COPY
1200 Carlsbad Village Drive l Carlsbad, California 92008-l 989 l (760) 434-2808
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decision of the
to the Carlsbad City Council.
y of Carlsbad
APPEAL FORM
Date of Decision you are appealing: bYyp&dL q\ \c\w -
Subiect of Ameal:
BE SPECIFIC Examples: if the action is a City Engineer’s Decision, please say so. If a project has
multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please
list them all. If you only want to appeal a part of the whole action, please state that here.
a aA=.!&
Reason(s) for ADDed: l Please Note l Failure to specify a reason may result in denial of
the appeal, and you will be limited to the grounds stated here when presenting your appeal.
BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local
laws, plans, or policy?
7'69 1~3-moo
PHONE NO.
^I%\\ c,\\eqL.\ka
NAME (p&e print)
DATE
-
ADDRESS: Street Name 8 NLmber
C~S lsb-& QA 9 a-9
City, State, Zip Code
1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808
. .
-
I(We) appeal the decision of Carlsbad City Council.
Date of the Decision you lare appealing: March 4,1998
Subject of AD- : BE SPECIFIC Examples: If the action is a City Engineer's Decision, please say so. If a project has multiple elements, (such as General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here:
The Southeast Carlsbad Homeowners wish to appeal the decision of the Carlsbad Planning Commission made on Wednesday, March 4, 1998 re: CT 91-06X2 - TIENDA DE LA ESQUINA approving a request for a three-year extension of the Tentative Map on property generally located at the southeast corner of Ranch0 Santa Fe Road and Camino De Los Caches in Local Facilities Management Zone 11.
Reas_ono: * Please Note * Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy?
The Planning Commission erred in approving a 3-year extension for CT-91-06X2 ("the Site") when they did not consider the strong public testimony, valid concerns of homeowners, elementary and high school administrators, evident changes in the community, and the potential for the site to become a public nuisance.
The Carlsbad City Council's decision to grant a 3-year extension for the Site would cause or permit a condition to exist which poses a significant threat to the public's health, safety and welfare. We believe that the development of the Site, according to the present plan, would be a "public nuisance," rendering the homeowners' ordinary use of their own property physically uncomfortable through sources of annoyance by smoke, odors, noise, lighting, signage, and traffic congestion. The increase in commercial traffic will present significant safety hazards to the community's children as they walk to neighborhood schools and play in the adjacent park. In addition to safety concerns, we feel the Site will serve as an enticement to high school students, leading to truancy and absenteeism. The community has changed dramatically since the initial approval was granted in 1991. The development does not *'fit" the sense of community the residents bought into. The Site, therefore, is not in any way a compatible land use plan. The Southeast Carlsbad Homeowners represent more than 1,000 single-family homeowners in Sonata, Greystone on the Park, Santa Fe Trails, Summerwalk, The Ranch and other properties adjacent to or near the Site.
Attachment to Appeal Re: CT-91-06X2
Definition of Nuisance, according to Black's Law Dictionarv. 6th. Edition.
-
Nuisance: activity which arises from unreasonable, unwarranted and or unlawful use by a person of a zoned property, working obstruction or injury to right of another, or to the public, and produces such material annoyance, inconvenience and discomfort that law will presume resulting damage. That which annoys or disturbs, one in possession of his property, rendering its ordinary use or occupation physically uncomfortable to him... smoke, odors, noise or vibrations... endangers life or health, give offense to senses, violates laws of decency, or obstructs reasonable or comfortable use of property... Cause or source of annoyance... affects an indefinite number of persons. maintaining a public nuisance is by act, or by failure to perform a legal duty, llintentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare."
an "2 'g$$q~ory nuisance is the right in equity (system of law and equi -y)' “- what's fair) to prevent a condition from becoming a nuisance by injunction or other order of the court.
February 2,199s
Courtney Heineman
Carlsbad Planning Commission
City Of Carlsbad
2075 Las Palmas Dr
Carlsbad CA 92009
Re: CT 91-06X2 Tienda De La Esquina
Enclosed with this letter you will find signed petitions by over 200 residents of the neighborhood
surrounding the proposed development challenging tirther extensions of the tentative map. As
the petition says, we are concerned about the negative impact this development will have on our
neighborhood.
Let us say from the outset that we are not opposed to any development of the site whatsoever.
Rather we want the development to be compatible with the neighborhood as it has developed
since the time when this tentative map was first approved.
It is important to note that at the time CT 91-06 was approved public comment was impossible as
the vast majority of homes were not yet built. Neither was there a high school handling over
2,500 teenagers right down the street. We believe that the reason these tentative maps are given - deadlines is due to eventualities just such as these. Things do change, and developers who buy
property they are “temporarily” unable to develop risk a change in circumstances such as the one
that has occurred here.
We hope that we will be given a reasonable amount oftime to converse with the developer and
with the planning department before extensions are uneondiionally granted for this property.
This opportunity did not exist at the time the tentative map was first approved, which in no way
impugns the integrity or genuine concern of the planning commission at the time of approval.
Neither the homeowners nor the high school, nor the elementary school were even there to be
considered. Now, however, they are.
Respectfully
The Southeast Carlsbad Homeowners
CARL&D RESIDENT PE”I,TION
CT 91-06x2 TIENDA DE LA ESQUINA
- We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traflic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
‘WS bA,k,$&kj 6 3 V -LW
44-4- 7070 \
3331, L&&&&f or44 - 7010 I 333 r_nr-te ft3&wk 4% -4WT
3335 bde E+k& 43k9YK
9 (irk+mbf $mka
te e~&dbf Wa-49vy
CL ~~\dbc 9 ‘la-wy J
CARI ‘BAD RESIDENT PE-ITION
CT 91-06x2 TIENDA DE LA ESQUINA
- We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to.a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
ADDRESS PHONE #
7% mi!Q -&I\ isLLl Y34 -8m a..
%kcLtt A l/E./h QlR/RfiM Ge -VW
334hmw~ u&fldm 6 343721
33%r- Ai5 (3Rr*~ (32 ZzizF
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332-I AMa &-&.“m WJ - w7
CARI-rBAD RESIDENT PE -1TION
CT 91-06x2 TIENDA DE LA ESQUTNA _.
- We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast corner of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial corner on a four corner intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
SIGNATURE ADDRESS PHONE #
7GO 7F3 76 3X
, &a-.-,< 33L dr-cOb&A 76/94J-7c-5fi
33/Y /we. lTgg%Afa -
CARL -BAD RESIDENT PE’-ITION
CT 91-06x2 TIENDA DE LA ESQUINA
~- We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast corner of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafiic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial corner on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
3323. de& Sk B/u 352 - DwdS
320 #7&7L h%E&Of, a 4/+34 63
IMP &die Sib ejlV3 693 15 iq
3314 @!zJ, 5k-l &Is 99%4968
CARJ”,BAD RESIDENT PE”ITION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
- Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafhc presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
7iim-w tlL473m $fQ% Gdk & ‘6Y 44iJ -61819 - Rti- CL4yaFt
?73/ Pidf /Z*&Z&V-f477f
773/ 4, p L&q #/a &q B-/77
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134;p c~([L \qof 63~6dt7‘1
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CARHBAD RESIDENT PEYTION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
- Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
CARJ SBAD RESIDENT PETITION
C’I‘ 91-06x2 TIENDA DE LA ESQU-INA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
- Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafYfic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME
fn%s4 /hecwe
SIGNATURE ADDRESS PHONE # Y /
gkl!4m4- 7ddu 7773 ~~m~oc 7y$Ls s-1
CARL “BAD RESIDENT PEYTION
CT 91-06x2 TIENDA DE LA ESQUJNA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
-- Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafl.ic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
7 70 s770 Nk_vcyJ 70-94 2-dwo
CAR1 qBAD RESIDENT PEYTION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
- Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
CART ^;BAD RESIDENT PE-ITION
CT 91-06x2 TIENDA DE LA ESQUINA
We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME
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SIGNATURE ADDRESS PHONE #
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‘77C-7 (7/-q+ /,&-& j-1
CARL -BAD RESIDENT PE’-ITION
CT 91-06x2 TIENDA DE LA ESQUTNA
- We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trtic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3, We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design,
PRINT NAME SIGNATURE
‘&-tJ ,~h~clL\~
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ADDRESS PHONE ##
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CARL,BAD RESIDENT PE’, ATION
CT 91-06x2 TIENTIA DE LA ESQUINA
- We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE ## /
i
3
9
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c
7
t
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CARL-BAD RESIDENT PE-:TION
CT 91-06x2 TIENDA DE LA ESQUINA
_ We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
3 4 33 bPt-e vt?r,y3 94 5- 7944 7-a &r,gq vs\t4 “t=d-a33
?+3 5ko btupl& A%- 4215
&?&a J;r/o /Yfw@& f+a Z9$’
7242 a& d&tk
,g/g /fJ&?& )&?A@ -334 --8@i3
3310 ci& Lb!25 1;3+74(/0
7s *7737
CARL- BAD RESIDENT PE A- ITION
CT 91-06x2 TIENDA DE LA ESQUINA
‘- We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial trafiic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME , SIGNATURE ADDRESS PHONE #
~wm4
c144- WiY
6324967
.f CARL -BAD RESIDENT PE-1TION
/ - CT 91-06x2 TIENDA DE LA ESQUINA
A We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast corner of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
~‘:q--,,~N,‘,~A 6 qI/- qs;yz
-
tf f/ (I
fiLV_ L\, w &j&F
7376 4~6. ,KW~ &32-/if%?
33b-3 ,Mc/U~E& b -
. . CARL.-3AD RESIDENT PET--TION
CT 91-06x2 TIJXDA DE LA ESQUINA
.- We, the residents of Carlsbad, are writing this letter to publicly object to the extension of CT 91-06x2
Tentative Map generally located at the southeast comer of Ranch0 Santa Fe Road and Camino De Los
Coaches and urge you to deny this request for the following reasons:
1. We are opposed to a commercial site that allows the sale of off-premises beer, wine and liquor.
Such an establishment is not only too close to our homes, but is in fact next to a major recreational
park, an elementary school and a high school. The development of such a facility next to these
four (4) elements is not in any way a compatible land use plan.
2. We are opposed to a commercial site that includes a convenience store or any other facility that
will be open extended hours. The increase in commercial traffic presents significant safety hazards
to the students of our community, will be a magnet for crime and will drastically alter the character
of this residential neighborhood.
3. We are opposed to a commercial site that includes a gas station. This site is very unusual in that
it is the only commercial comer on a four comer intersection. The residential homes are in very
close proximity to this proposed site - no buffer zone. A large, brightly lit gas island and the required
“price per gallon” street signs are not aesthetically pleasing and are very limited in architectural design.
PRINT NAME SIGNATURE ADDRESS PHONE #
/H’ - c hnrm 77/b Lb-f-c /%3tnm~~~, I I T%Wb %
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f’uUuL sJ,I qi .^
3 x5
(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
APPEAL - CT 91-06x2 - Tienda de la Esquina Tentative Map EXtenSiOn
for a public hearing before the City Council.
Please notice the item for the council meeting of
.
Thank you.
,
..-
Apri122, 1998
Oate
-
PROOF OF PUBLIC. _ 10N
(2010 8 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
May 1, 1998
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
San Marcos Dated at California, this -day
of M la09 %I -J-” -+3;z;g -------
NORTH COUNTY TIMES
Legal Advertising
This space is . _ I’ the County Clerk’s Filing Stamp
Proof of Publication of
Whlic Hearing
--_-__-_______-___-_------
‘iEEcRlPTlott
TO~an~dlhePlemkgCommigbnsppmvslRml~(braone~~d.ndondl Tmtatkek4w~la7bt~hboitwd~lcanter.ind”~acwMnbnca 7.6scrsrwi(hln(hePcZwaandLacaamMssterP$n. swaa!ld!Bsstalmtotplng
LOCAM
LEGAL DESCRIPTION: ParcarlofMapNwnkri3870,intheCnyofCarlsbsd,~Sol~,S$led~&,~hme cgc&dlynly Remrdw of San okgo county, sep*25,1666 88 nw* no. Bs5s2Gj1 of
APPLICANTZ:GOlbEf,HOOHearthsDne.D~~So.~gt.~,~
APPEUANT:
I
‘II
~56366Hay1,1966
( .’ ..,’
I 1
? %? 1
NOTICE OF PUBLIC HEARING
APPEAL - TIENDA DE LA ESOUINA
CT 91-06 X 2
DESCRIPTION:
COMPLETE DATE: June 61997
To consider an appeal of the Planning Commission approval of a request for a one year extension of a
Tentative Map for a 7 lot neighborhood retail center, including a convenience store and gas station, totaling
7.6 acres within the PC Zone and La Costa Master Plan.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone on property generally located at the southeast
corner of Ranch0 Santa Fe Road and Camino De Los Caches in Local Facilities Management Zone 11.
LEGAL DESCRIPTION:
Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San Diego, State of California, filed in
the office of the County Recorder of San Diego County, September 25, 1985 as file/page no. 85-255261 of
offtcial records.
APPLICANT:
Marc Gerber, Hearthstone Development Corporation, 340 So. Flower St., Grange, California.
APPELLANT:
Stephanie Zimmerman, 7811 Calle Jalisco , Carlsbad, California
A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers,
1200 Carlsbad Village Drive, Carlsbad, California, on Tuesday, May 12, 1998, at 600 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written
comments they may have regarding the project. The project will be described and a staff recommendation given,
followed by public testimony, questions and a decision. Copies of the staff report will be available on or after May
8, 1998.
If you have any questions, or would like to be notified of the decision, please contact Christer Westman at the City
of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m.
at 2075 Las Pahnas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4448.
APPEALS
The time within which you may judicially challenge this Tentative Tract Map Extension, if approved, is established
by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map Extension in court,
you may be limited to raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office prior to the public hearing.
1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in
writing within ten (10) calendar days after a decision by the Planning Commission.
2. Coastal Commission Appealable Project:
0 This site is located within the Coastal Zone Appealable Area.
El This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission
within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of
Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude.
The San Diego office of the Coastal Commission is located at 3111 Camino De1 Rio North, Suite 200, San Diego,
California 92108-1725.
PUBLISH: MAY 1,1998
CARLSBAD UNIF SCHOOL DIST ENCINITAS UNION SCHOOL DIST SAN DIEGUITO SCHOOL DIST
801 PINE AVE 101 SO SANTA FE RD 701 ENCINITAS BLVD
CARLSBAD CA 92008 ENCINITAS CA 92024 ENCINITAS CA 92024
LEUCADIA WATER DIST OLIVENHAIN WATER DIST OLIVENHAIN WATER DIST
1960 LA COSTA AVE 1966 OLIVENHAIN RD 1966 OLIVENHAIN RD
CARLSBAD CA 92009 ENCINITAS CA 92024 ENCINITAS CA 92024
SD COUNTY PLANNING CITY OF ENCINITAS
SUITE B 505 S VULCAN AVE
5201 RUFFIN RD ENCINITAS CA 92024
SAN DIEGO CA 92123
CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SANDAG
SUITE 50 SUITE B SUITE 800
330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD 400 B STREET
LONG BEACH CA 90802 SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101
LAFCO AIR POLLUTION CNTRL DIST
1600 PACIFIC HWY 9150 CHESAPEAKE DR
SAN DIEGO CA 92101 SAN DIEGO CA 92123
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
U.S. FISH & WILDLIFE
2730 LOKER AVE WEST
CARLSBAD CA 92008
(ABOVE ADDRESS - For City
Council Notices Only)
CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD
ENGINEERING DEPT COMMUNITY SERVICES MUNICIPAL WATER DISTRICT
PROJECT PLANNER
CHRISTER WESTMAN
ANNA LIO
3353 AVENIDA NIEVE
CARLSBAD CA 92009
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