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HomeMy WebLinkAbout1999-06-01; City Council; 15240; NAMM Museum Of Making MusicCITY OF CARLSBAD - AGEWA BILL NAMM MUSEUM OF MAKING MUSIC MTG. 6/l/99 SP 207(D)/LCPA 9%IO/SDP 9509(A)/CDP 98-88 DEPT. PLN $#f CITYMGR %- RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. -Ns -‘/88 , APPROVING SP 207(D) and ADOPT Resolution No. 9942~2 , APPROVING a Negative Declaration, SP 207(D), LCPA 98- 10, SDP 95-09(A), and CDP 98-88. ITEM EXPLANATION: On April 21, 1999 and May 5, 1999, the Planning Commission conducted public hearings and recommended approval of opening to the general public the National Association of Music Merchants (NAMM) Museum of Making Music by a vote of 7-O. The project site is located at 5790 Armada Drive in the Coastal Zone and Local Facilities Management Zone 13. The proposed project is to allow the existing NAMM Museum of Making Music to be open to the general public. The museum was previously constructed and encompasses an area of 6,500 square feet within the 34,000 square foot NAMM Headquarters building. The NAMM building is located within Planning Area 2 (office/research and development) of the Carlsbad Ranch Specific Plan. Because the specific plan did not allow for museums open to the general public the Site Development Plan approved for the site limited the use of the museum to members, clients, patrons, or associates of NAMM. The two primary concerns with opening the museum to the public are the potential traffic increase and the potential need for additional parking. A traffic generation study has been prepared for the museum which concluded that the museum will generate three trips per thousand square feet as compared to the ten trips per thousand square feet which is the corporate office rate applied to the original construction. As a result no traffic or parking impacts are anticipated. If the project is approved, the parking lot will be altered to include a bus parking space should groups visit the museum. The project was continued to the May 5, 1999 Planning Commission Hearing because of concerns raised regarding the applicant’s desire to have limited retail sales related to the museum. The issues related to retail sales in support of the museum concerned the following: (1) The type of retail sales desired are not currently permitted in Planning Area 2 of the Carlsbad Ranch Specific Plan, and (2) the Planning Commission indicated a desire to permit some retail sales in support of the museum but wanted to limit the retail use. To address these two items the proposed amendments were revised to permit incidental retail sales related to the museum. The area of retail sales is proposed to be limited to 325 square feet which is 5 percent of the floor area of the 6,500 square foot museum. The applicant has requested that the condition regarding the mitigation of traffic impacts at the El Camino Real/Palomar Airport Road intersection be deleted. The Assistant City Attorney has determined that the conditions should be retained. All the necessary findings can be made for the approvals being requested. More detailed information is included in the attached staff report to the Planning Commission. ENVIRONMENTAL REVIEW: A Negative Declaration is proposed for the project. The environmental review relied in part on Program Environmental Impact Report 94-01 certified for the Carlsbad Ranch Specific Plan Amendment and related applications on January 9, 1996 by the City Council. No significant traffic impacts will occur to the intersection of Palomar Airport Road and Paseo Del Norte. The traffic PAGE 2 OF AGEND~BILL NO. /&%h’ generated for the project is within the scope of the Carlsbad Ranch Specific Plan Program EIR which analyzed this intersection. In addition, the project has been conditioned to pay its fair share of the Palomar Airport Road/El Camino Real intersection “short-term improvements.” FISCAL IMPACT: All required improvements needed to serve this project will be funded by the developer. The Facility Financing Section of the Zone 13 Local Facilities Management Plan lists the financing techniques being used to guarantee the public facilities needed to serve development within Zone 13. GROWTH MANAGEMENT STATUS: Facilities Zone 13 Local Facilities Management Plan 13 Growth Control Point N/A Net Density N/A Soecial Facilitv Fee N/A EXHIBITS: 1. City Council Ordinance No. uj-z’f g 2. City Council Resolution No. 99&?;L 3. Location Map 4. Planning Commission Resolutions No. 4537, 4538, 4539, 4540, and 4541 5. Planning Commission Staff Report, dated April 21 1999 and May 5, 1999 6. Excerpts of Planning Commission Minutes, dated April 21, 1999 and May 5, 1999. r - ORDINANCE NO.NS-488 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD RANCH SPECIFIC PLAN BY THE AMENDMENT OF SECTION III. C. 1. A. (1) PERMITTING A MUSEUM OPEN TO THE PUBLIC WITH INCIDENTIAL RETAIL SALES RELATED TO THE MUSEUM ON LOT 11 OF PLANNING AREA 2 CASE NAME: NAMM MUSEUM OF MAKING MUSIC CASE NO.: SP 207(D) 7 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and 8 considered a Specific Plan Amendment to add to the list of permitted uses for Lot 11 of 9 Planning Area 2; and ‘10 11 WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said specific plan amendment ,~ 12, ., _; be approved. ., .13’ ., NOW, THEREFORE, the City Council of the City. of Carlsbad .does ordain ‘as 1’4 follows: : 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION I: That the Carlsbad Ranch Specific Plan Amendment, SP 207(D) dated April 21, 1999, on file in the Planning Department, and incorporated by reference herein, is approved. The Carisbad Ranch Specific Plan Amendment shall constitute the zoning for this property and all development of the property shall conform to the plan. The amendment to the specific plan is to add to the list of permitted used in Section III, C. 1. A. the following: “A museum open to the general public, including incidental retail sales related to the museum not to exceed a total floor area of 325 square feet on only Lot 11 (Shown on Figure 32; Lot 8 of Final Map 13357).” SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be /I published at least once in a publication of general circulation the City of Carlsbad within fifteen . 3 ,.’ ’ :,,,/: - : 1 days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) I INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City Council on the day of 1999, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council, held on the day of AYES: 1999, by the following vote, to wit: NOES: ABSENT: ABSTAl N: APPROVED AS TO FORM AND LEGALITY . . .>. ..’ RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- t ; E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C RESOLUTION NO. 99-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, SPECIFIC PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, SITE DEVELOPMENT PLAN AMENDMENT, AND COASTAL DEVELOPMENT PERMIT TO PERMIT THE EXISTING 6,500 SQUARE FOOT NAMM MUSEUM OF MAKING MUSIC TO BE OPEN TO THE PUBLIC, WITH INCIDENTAL RETAIL SALES RELATED TO THE MUSEUM ON PROPERTY LOCATED AT 5790 ARMADA DRIVE IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: NAMM MUSEUM OF MAKING MUSIC CASE NO.: SP 207(D)/LCPA 98-l O/SDP 95-09(A)/CDP 98-88 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on April 21, 1999 and May 5, 1999, the Carlsbad Planning Commission held duly noticed public hearings to consider a proposed Negative Declaration, Specific Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, and Coastal Development Permit to permit an existing 6,500 square foot museum to be open to the general public with incidental retail sales related to the museum, and adopted Resolutions No. 4537, 4538, 4539, 4540, and 4541 recommending to the City Council that the Negative Declaration, Specific Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, and Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on 1st day of June , 1999, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the Negative Declaration, Specific Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, and Coastal Development Permit; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of the Negative Declaration, Specific Plan Amendment SP 207(D), Local Coastal Program a- 4 4 I c 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amendment 98-10, Site Development Plan Amendment SDP 95-09(A), and Coastal Development Permit 98-88 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4537, 4538, 4539, 4540, and 4541 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not latter than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 1st day of June 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None - A-I-I-EST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- 6 EXHIBIT 3 NAMM - MUSEUM OF MAKING MUSIC SP 207(D)/LCPA 98401 SDP 95=09(A)/CDP 98-88 C EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 4537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION TO PERMIT A MUSEUM TO BE OPEN TO THE PUBLIC ON PROPERTY LOCATED AT 5790 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: NAMM MUSEUM OF MAKING MUSIC CASE NO.: SP 207(D)/LCPA 98- 1 O/SDP 95-09(A)/CDP 98-88 8 9 WHEREAS, NAMM, “Developer” and “Owner”, has filed a verified application 10 with the City of Carlsbad regarding property described as 11 Lot 8 of Carlsbad Tract No. 94-09 in Carlsbad Ranch Unit 1 12 /I (“the Property”); and 13 14 project; and WHEREAS, a Negative Declaration was prepared in conjunction with said 15 16 WHEREAS, the Planning Commission did on the 21st day of April 1999 and on the 5th day of May 1999, hold a duly noticed public hearing as prescribed by law to consider 17 18 19 20 21 22 23 24 25 26 27 28 said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Negative according to Exhibit “ND” dated January 26, 1999, and “PII” dated January 21, 1999, attached hereto and made a part hereof, based on the following findings: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A FindingS: 1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to 1 of the project. Based on the EIA Part II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and thereby RECOMMENDS APPROVAL of the Negative Declaration. 2. The Planning Commission finds that the Negative Declaration reflects the independent judgment of the Planning Commission of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of May 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY E. HEwhairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4537 -2- 9 City 0 Project Address/Location: 5790 Armada Drive/East side of Armada Drive north of Palomar Airport Road Project Description: An amendment to the Carlsbad Ranch Specific Plan with a corresponding Local Coastal Program Amendment to allow a museum open to the public on only Lot 11 shown on Figure 32 of the specific plan. Also proposed is an amendment to the existing Site Development Plan for the property as well as a Coastal Development Permit to permit the existing 6,500 square foot museum to be open to the general public. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 438-l 161, extension 4446. DATED: JANUARY 26,1999 CASE NO: SP 207(D)/LCPA 98-l O/SDP 95-09(A)/CDP 98-88 CASE NAME: NATIONAL ASSOCIATION OF MUSIC MERCHANTS MUSEUM OF MAKING MUSIC PUBLISH DATE: JANUARY 26,1999 MICHAEL JmLZ&?‘LLER Planning Director 2075 La Palmas Dr. - Carlsbad, CA 92009-I 576 l (760) 438-l 161 - FAX (760) 438-0894 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: SP 207(D)/ LCPA 9%lo/SDP 95-09tAYCDP 98-88 BACKGROUND 1. CASE NAME: National Association of Music Merchants Museum of Making Music 2. APPLICANT: The Harrison Companv 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4401 Manchester Avenue. #205, Encinitas. CA 92024: (760) 753-2824 4. DATE EIA FORM PART I SUBMTITED: 5. PROJECT DESCRIPTION: An amendment to the Carlsbad Ranch Suecific Plan with a corresponding Local Coastal Program Amendment to allow a museum open to the public on onlv Lot 11 shown on Figure 32 of the suecific plan. Also pronosed is an amendment to the existing Site Development Plan for the uropertv as well as a Coastal Develoument Permit to permit the existing 6.500 sauare foot museum to be open to the general public. The proiect site is at 5790 Armada Drive within PlanninP Area 2 of the Carlsbad Ranch Snecific Plan. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning El Transportation/Circulation lxl Public Services q Population and Housing q Biological Resources (XI Utilities & Service Systems q Geological Problems q Energy & Mineral Resources q Aesthetics lxl Water q Hazards q Cultural Resources q Air Quality q Noise q Recreation q Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION (To be completed by the Lead Agency) q q q lzl q I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Negative declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier environmental impact report (EIR) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date Date 2 Rev. 03128196 C ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. l A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. l “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. l “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but & potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. 0 A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 h l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 . Issues (and Supporting Information Sources). I 4 b) c) 4 e) II. 4 b) cl III. 4 b) c) d) e) f) g) h) 0 IV. 4 b) cl LAND USE AND PLANNING. Would the proposal:. Conflict with general plan designation or zoning? (Source #(s): (1; pg. 5.7-l through 5.7-18) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (1; pg.5.4-5 through 5.4-13, 5.7-I through 5.7- 18, and 5.12-1 through 5.12-7) Be incompatible with existing land use in the vicinity? (1; pg. 5.7-8 and 5.7-9) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible landuses? (1; pg. 5.1-1 through 5.1-16) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (1; 5.7-l through 5.7-18) POPULATION AND HOUSING. Would the proposal: Cumulatively exceed official regional or local population projections? ( 1; pg. 7- 1 through 7-4) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (1; pg. 7-8 and 7- 9) Displace existing housing, especially affordable housing? (1; pg. 7-8 and 7-9) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: Fault rupture? (1; Appendix A) Seismic ground shaking? (1; Appendix A) Seismic ground failure, including liquefaction? (1; Appendix A) Seiche, tsunami, or volcanic hazard? (1; Appendix A) Landslides or mudflows? (1; Appendix A) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (1; Appendix A and pg. 5.12-6 and 5.12-7) Subsidence of the land? (1; Appendix A) Expansive soils? ( 1; Appendix A) Unique geologic or physical features? (1; Appendix A) WATER. Would the proposal result in: Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (1; pg. 5.12- 1 through 5.12-7) Exposure of people or property to water related hazards such as flooding? (1; Appendix A) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (1; pg. 5.12-1 through 5.12-7) 5 Potentially Significant Impact q q q q 0 q q q q q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q q q q q q q q q q q q q q q q q Less Than Significan t Impact q q q q q q q q q q q q 0, q q 0 q q q q No Impact lxl IXI El IXI lxl lxl El ISI lxl lxl El lxl IXI lxl Ix1 lxl lzl Ix1 Ix] lxl Rev. 03128196 Issues (and Supporting Information Sources). 4 e> f) g) h) i> V. 4 b) cl 4 VI. 4 b) c> d) e) 0 !a VII. 4 b) cl Changes in the amount of surface water in any water body? (1; pg. 5.12-1 through 5.12-7) Changes in currents, or the course or direction of water movements? (1; pg. 5.12-1 through 5.12-7) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (1; pg. 5.9-13 through 5.9-22 and 5.12-1 through 5.12-7) Altered direction or rate of flow of groundwater? (1; pg. 5.12-1 through 5.12-7) Impacts to groundwater quality? (1; pg. 5.12-1 through 5.12-7) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (1; pg. 5.9-13 through 5.9-22) AIR QUALITY. Would the proposal: Violate any air quality standard or contribute to an existing or projected air quality violation? (1; pg. 5.2-l through 5.2-8) Expose sensitive receptors to pollutants? (1; pg. 5.2-1, 5.2-4, 5.2-6, and 5.2-7) Alter air movement, moisture, or temperature, or cause any change in climate? (1; Appendix A) Create objectionable odors? (1; Appendix A) TRANSPORTATION/CIRCULATION. Would the proposal result in: Increased vehicle trips or traffic congestion? (1; pg. 5.5-l through 5.5-29; 2) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (1; pg. 5.5-l through 5.5-29) Inadequate emergency access or access to nearby uses? (1; pg. 5.5-l through 5.5-29 and 5.9-l through 5.9-4) Insufficient parking capacity on-site or off-site? (1; pg. 5.5-25 and 5.5-26) Hazards or barriers for pedestrians or bicyclists? (1; Appendix A) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (1; pg. 5.7-16) Rail, waterborne or air traffic impacts? (1; pg. 5.7-l through 5.7-18) BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (1; pg. 5.4-l through 5.4-13) Locally designated species (e.g. heritage trees)? (1; pg. 5.4-l through 5.4-13) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (1; pg. 5.4-l through 5.4- 6 Potentially Signifcanl Impact Potentially Significant Unless Mitigation Incorporated cl cl 0 Less Than Significan t impact No Impact Ia Ix] lxl Ix) Ix] IXI 0 Ix] Ix1 El Cl lxl Ix1 lxl lxl lxl El lxl •l El Rev. 03/28/96 Issues (and Supporting Information Sources). d) d VIII. 4 b) cl IX. a) b) c> 4 4 X. a> b) XI. 4 b) c) 4 e) XII. a) b) c> 13) Wetland habitat (e.g. marsh, riparian and vernal pool)? (1; pg. 5.4-l through 5.4-13) Wildlife dispersal or migration corridors? (1; pg. 5.4-l through 5.4-13) Potentially Significant Unless Mitigation Incorporated cl cl ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (1; Appendix A) Use non-renewable resources in a wasteful and inefficient manner? (1; Appendix A) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (1; Appendix A) HAZARDS. Would the proposal involve: A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( 1; pg. 5.6-1 through 5.6-7) Possible interference with an emergency response plan or emergency evacuation plan? ( 1; 5.9- 1 through 5.9-4) The creation of any health hazard or potential health hazards? (1; pg. 5.6-l through 5.6-7) Exposure of people to existing sources of potential health hazards? (1; pg. 5.6-l through 5.6-7) Increase fire hazard in areas with flammable brush, grass, or trees? (1; pg. 5.7-8 and 5.7-9) NOISE. Would the proposal result in: Increases in existing noise levels? (1; pg. 5.8-l through 5.8-7) Exposure of people to severe noise levels? (1; pg. 5.8-l through 5.8-7) PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: Fire protection? (1; pg. 5.9-l and 5.9-2) Police protection? (1; pg. 5.9-2 through 5.9-4) Schools? (1; pg. 5.9-7 through 5.9-13) Maintenance of public facilities, including roads? (1; pg. 5.7-2, 5.7-3, and 5.7-16) Other governmental services? (1; pg. 5.7-2 and 5.7-16) UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? ( 1; Appendix A) Communications systems? (1; Appendix A) Local or regional water treatment or distribution Ix1 lxl lxl lxl lxl lxl IXI El IXI lxl lxl lxl lxl III lxl lxl lxl IXI ISI lzl 7 Rev. 03/28/96 17 Potentially Significant Impact Less Than Significan t Impact No Impact Issues (and Supporting Information Sources). 4 e) f) g) facilities? (1; pg. 5.9-4 through 5.9-7) Sewer or septic tanks? (1; pg. 5.9-4 through 5.9-7) Storm water drainage? (1; pg. 5.12-1 through 5.12-7) Solid waste disposal? (1; pg. 5. IO- 1 through 5.1 O-5) Local or regional water supplies? (1; pg. 5.9-13 and 5.9-22) XIII. 4 b) cl AESTHETICS. Would the proposal: Affect a scenic vista or scenic highway? (1; pg. 5.11-l through 5.1 l-7) Have a demonstratable negative aesthetic effect? (1; pg. 5.1 l-l through 5.1 l-7) Create light or glare? (1; Appendix A) XIV. a> b) c> 4 CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (1; pg. 5.3- 1 through 5.3-8) Disturb archaeological resources? (1; pg. 5.3-l through 5.3-8) Affect historical resources? (1; pg. 5.3-l through 5.3-8) e) Have the potential to cause a physical change which would affect unique ethnic cultural values? (1; pg. 5.3- 1 through 5.3-8) Restrict existing religious or sacred uses within the potential impact area? (1; pg. 5.3-l through 5.3-8) xv. 4 RECREATIONAL. Would the proposal: b) Increase the demand for neighborhood or regional parks or other recreational facilities? (1; pg. 5.7-2 through 5.7-3 and 5.7-16) Affect existing recreational opportunities? (1; pg. 5.7-2 through 5.7-3 and 5.7-16) XVI. 4 MANDATORY FINDINGS OF SIGNIFICANCE. b) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? cl Does the project have environmental effects which will Potentially Significant Unless Mitigation Incorporated 0 0 lxl lxl lxl Is] 0 III lzl lxl lxl lzl lxl lxl q Ix] 0 0 0 0 lxl 8 Rev. 03128196 /8 Potentially Significant Impact Less Than Significan t Impact No Impact Issues (and Supporting Information Sources). cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a> Earlier analyses used. Identify earlier analyses and state where they are available for review. W Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. d Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION PROJECT DESCRIPTION The opening of the National Association of Music Merchants (NAMM) Museum of Making Music to the public is proposed at the existing facility located at 5790 Armada Drive within Planning Area 2 of the Carlsbad Ranch Specific Plan. An existing 6,500 square foot museum within the NAMM Headquarters is presently only available to NAMM members, associates and their guests. This is the result of the Carlsbad Ranch Specific Plan not listing museums which are open to the general public as a permitted use within the planning area. The proposed specific plan amendment and local coastal program amendment would allow the proposed museum use on the NAMM lot within Planning Area 2. The site development plan and coastal development permit would specifically provide for the existing 6,500 square foot museum to be open to the general public. Should NAMM wish in the future to construct additional building area in excess of 1,000 square feet a site development plan amendment and coastal development permit amendment would be required to be approved. The only physical change to the site with this amendment is to provide bus parking to accommodate groups particularly school field trips. ENVIRONMENTAL ANALYSIS The existing NAMM facility was evaluated in the “Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact Report, dated November 1995 (EIR 94-Ol).” EIR 94-01 evaluates the environmental effects of the development and operation of: The Carlsbad Ranch Specific Plan; improvements to the I-S/Cannon Road Interchange; and the development of a 24.2 acre parcel immediately adjacent to the northern boundary of the- specific plan site. The Carlsbad Ranch Specific Plan is a planning document which will guide the development of a 447.40 acre area through the provision of a comprehensive set of guidelines, regulations, and implementation programs. The proposed land uses for the Specific Plan include office, research and development, related light manufacturing, commercial, hotel, destination resort, golf course, agriculture, a vocational school campus, and LEGOLAND Carlsbad. The 24.2 acre parcel adjacent to the northern boundary is proposed as a continuation of the Specific Plan golf course. EIR 94-01 analyzed the following environmental issue areas: Agricultural Resources, Air Quality, Archaeological and Paleontological Resources, Biological Resources, Traffic/Circulation, Hazardous Waste/Pesticide Residue, Land Use Compatibility; Noise, Public Services and Utilities, Solid Waste, Visual Aesthetics/Grading, and Water Quality. The Initial Study prepared for the Specific Plan Amendment is contained in Appendix A of EIR 94-01 and analyzed additional issues which were determined not to have a significant environmental impact. EIR 94-01 was certified by the Carlsbad City Council on January 9, 1996. At that time Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation and Monitoring Program were approved. All mitigation measures applicable to the NAMM facility have been incorporated into the project design or were implemented as conditions of approval for the project. The requested approvals to allow a museum open to the public does not create any new environmental impacts. Additional traffic analysis has been completed to determine if the proposal would generate additional average daily trips. The analysis determined that the museum use generates less traffic than the same area which was previously evaluated as office space for traffic generation purposes. References to the applicable section of EIR 94-01 are provided next to each item on this environmental impact assessment form. Reference is also made to the recent analysis by Urban Systems Associates for the museum trip generation. A brief explanation is provided in the 10 Rev. 03/28/96 40 following section for each item checked as having a “potentially significant impact” or . “potentially significant unless mitigation incorporated”: V. AIR QUALITY a) Air Quality No significant impacts as a result of construction activity are anticipated for the entire Carlsbad Ranch Project. Implementation of the air quality mitigation measures will lessen long-term operation air quality impacts to a level less than significant. It was concluded in the analysis for EIR 94-01 that the development anticipated under the proposed specific plan amendment together with the development of other related projects will have a significant and unavoidable cumulative impact on the region’s air quality. A statement of overriding considerations was adopted for this cumulative impact. As detailed further in the analysis section for transportation the museum use will generate fewer vehicle trips thereby having less of an impact than was projected in the Carlsbad Ranch Specific Plan Program EIR. VI. TRANSPORTATION/CIRCULATION 4 Increased Vehicle Trips A series of circulation system improvements are required as part of the development of the Carlsbad Ranch property. With the implementation of the improvements identified in EIR 94-01 all of the analyzed intersections and street segments are projected to operate at acceptable levels of service. It was determined that the Carlsbad Ranch project in conjunction with cumulative build-out forecasts, will result in a significant cumulative impact to the I-5 freeway and SR-78. A statement of overriding considerations was adopted for this cumulative impact. The Museum of Making Music Trip Generation analysis prepared by Urban Systems Associates, Inc. dated December 3, 1998 determined that were the museum open to the public it would have a trip generation rate of 3 trips per thousand square feet of building area. This is compared to the generation rate of 10 trips per thousand square feet which is the corporate office rate previously applied to the project. The result is that dedication of building area to museum use lowers the expected trip generation from the project therefore not creating traffic impacts in excess of those evaluated in the Carlsbad Ranch Specific Plan Program EIR. XI. PUBLIC SERVICES b) Police protection The EIR analysis concluded that the conversion of an agricultural area to an urban area which will attract visitors will require additional law enforcement and crime prevention services. The potential increase in demand on police services is a significant impact. This demand for police protection was reduced through implementation of a mitigation 11 Rev. 03/28/96 a - - XII. measure requiring security measures to be incorporated into the proposed development. No further impact will be created by the lower traffic generating public museum use. UTILITIES AND SERVICE SYSTEMS 9 Solid waste disposal The generation of additional solid waste by the entire Carlsbad Ranch project was a potentially significant impact. The mitigation measure identified in EIR 94-01 reduces this impact to a level of less than significant. The mitigation measure required the submittal of a solid waste management plan to address the project’s needs for recycling facilities and diversion programs/measures which can be implemented. The proposed museum use will have less of an impact than office uses thereby not creating an additional impact not analyzed in EIR 94-01. g) Local or regional water supplies The Carlsbad Ranch project requires the construction of onsite water lines. The impacts of buildout of the Carlsbad Ranch project to water supplies are potentially significant. Implementation of the mitigation measures contained in EIR 94-01 reduces impacts to a level of less than significant. The mitigation includes utilizing reclaimed water for landscaping on the project site which has already been accomplished on the site. No further impact is created by the museum use being opened to the public. 12 Rev. 03/28/96 2x2 - LIST OF MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE’1 Rev. 03128196 23 - APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature SOURCE DOCUMENTS - (NOTE: All source documents are on tile in the Planning Department located at 2075 Las Palmas Drive, Carlsbad, CA 92009, Phone (619) 438-l 161) 1. “Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact Report, City of Carlsbad, November 1995 .” 2. “Museum of Making Music Trip Generation, Urban Systems Associates, Inc., December 3, 1998.” 14 Rev. 03/28/96 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4538 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP 207(D) TO PERMIT A MUSEUM OPEN TO THE PUBLIC WITH INCIDENTIAL RETAIL SALES RELATED TO THE MUSEUM ON PROPERTY GENERALLY LOCATED AT 5790 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: NAMM MUSEUM OF MAKING MUSIC CASE NO.: SP 207(D) WHEREAS, NAMM, “Developer” and “Owner”, has tiled a verified application with the City of Carlsbad regarding property described as Lot 8 of Carlsbad Tract No. 94-09 in Carlsbad Ranch Unit 1 (“the Property”); and WHEREAS, said verified application constitutes a request for a Specific Plan amendment as shown on draft City Council Ordinance Exhibit “E” dated April 21, 1999, attached hereto, NAMM MUSEUM OF MAKING MUSIC, SP 207(D) as provided by SP 207 (A) and Government Code Section 65453; and WHEREAS, the Planning Cornrnission did, on the 21st day of April 1999 and on the 5th day of May 1999, 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 Specific Plan amendment; and WHEREAS, on January 16, 1996, the City Council approved SP207(A), as described and conditioned in Planning Commission Resolution No. 3848 and City Council Ordinance No. NS-344. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. W Finding: That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of NAMM MUSEUM OF MAKING MUSIC, SP 207(D), based on the following findings and subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. The proposed development as described by the Specific Plan (SP207(D)) is consistent with the provisions of the General Plan. The proposed specific plan amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. The proposed public museum.use will be appropriate in area, location and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title. The existing streets and thoroughfares are suitable and adequate to carry the anticipated traffic thereon. The area surrounding the development is planned and zoned in coordination and substantial compatibility with the development. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted environmental impact report or negative declaration for the project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. Approval of SP 207(D) is granted subject to the approval of LCPA 98-10, SDP 95-09(A) and CDP 98-88, as conditioned in Resolutions No. 4539,454O and 4541. PC RESO NO. 4538 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h NOTICE - Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of May 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4538 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4539 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO PERMIT A MUSEUM OPEN TO THE PUBLIC WITH INCIDENTAL RETAIL SALES RELATED TO THE MUSEUM ON PROPERTY LOCATED AT 5790 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: NAMM MUSEUM OF MAKING MUSIC CASE NO: LCPA 98- 10 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, NAMM, “Developer” and “Owner”, has filed a verified application for an amendment to the Local Coastal Program specifically adding to the list of permitted uses for Planning Areas 2 of the Carlsbad Ranch Specific Plan regarding property described as Lot 8 of Carlsbad Tract No. 94-09 in Carlsbad Ranch Unit 1 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “F” dated April 21, 1999 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 21st day of April 1999 and on the 5th day of May 1999, 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 Local Coastal Program Amendment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 4 W That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on January 28, 1999, and ending on March 11, 1999, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of NAMM MUSEUM OF MAKING MUSIC, LCPA 98-10 based on the following findings, and subject to the following conditions: Findings: 1. 2. 3. 4. That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program, in that the Carlsbad Ranch Specific Plan (SP 207(A)) was adopted as partial implementation for the area it covers and the addition of a public museum as a permitted use for one of the developed lots in the specific plan has been determined to have no impacts on coastal resources and is in compliance with all existing policies. Approval of LCPA 98-10 is granted subject to the approval of SP 207(D), SDP 95-09(A), and CDP 98-88. LCPA 98-10 is subject to all conditions contained in Planning Commission Resolutions No. 4537,4538, 4540 and 4541 for the Negative Declaration, Specific Plan Amendment, Site Development Plan Amendment, and Coastal Development Permit. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to keep the Carlsbad Ranch Specific Plan consistent with the Mello II segment. 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. PC RESO NO. 4539 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE - Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of City Council approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 5th day of May 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: COURTNEY E. Hw, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: I MICHAEL J. HO&MIL&R Planning Director PC RESO NO. 4539 -3- 30 EXHIBIT “F” LOCAL COASTAL PROGRAM AMENDMENT 98-10 Dated APRIL 2 1, 1999 - Add the following to the list of permitted uses in the Carlsbad Ranch Specific Plan (SP 207) Section III. C. 1. A.: “A museum open to the general public, including incidental retail sales related to the museum not to exceed a total floor area of 325 square feet on only Lot 11 (Shown on Figure 32; Lot 8 of Final Map 13357).” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4540 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT SDP 95-09(A) TO PERMIT A MUSEUM TO BE OPEN TO THE PUBLIC WITH INCIDENTAL RETAIL SALES RELATED TO THE MUSEUM ON PROPERTY GENERALLY LOCATED AT 5790 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: NAMM MUSEUM OF MAKING MUSIC CASE NO.: SDP 95-09(A) WHEREAS, NAMM, “Developer” and “Owner”, has filed a verified application with the City of Carlsbad regarding property described as Lot 8 of Carlsbad Tract no 94-09 in Carlsbad Ranch Unit 1 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibits “A” through “D” dated April 21, 1999, on file in the Planning Department, NAMM MUSEUM OF MAKING MUSIC, SDP 95-09(A) as provided by Chapter 2 l.O6/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of April, 1999 and on the 5th day of May, 1999, 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 Site Development Plan Amendment. WHEREAS, on March 6, 1996, the Planning Commission approved, SDP 95 09, as described and conditioned in Planning Commission Resolution No. 3905. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C - A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of the NAMM MUSEUM OF MAKING MUSIC, SDP 95-09(A) based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project design complies with the requirements of the Carlsbad Ranch Specific Plan and all required building and landscape setbacks exist. That the site for the intended use is adequate in size and shape to accommodate the use, in that all applicable code requirements have been met including the parking requirement for museums. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that modifications to the parking area are proposed to provide a bus parking space and adequate vehicle circulation has been provided to accommodate bus turning movements. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed museum will generate less traffic than an office use and is below the average daily traffic analyzed in the circulation analysis prepared for Program EIR 94-01 for the Carlsbad Ranch Specific Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan and all City public facility policies and ordinances since: A. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. B. All necessary public improvements have been provided or are required as conditions of approval. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 13. PC RESO NO. 4540 -2- 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McCellan-Palomar Airport, dated April 1994. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project site is within the 60 CNEL noise contour and the proposed land use is a compatible use at this noise level. 8. That the project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. 9. 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. 10. That this project could have a potentially significant negative cumulative traffhz impact on the Palomar Airport Road/ El Camino Real intersection. However, this project has been conditioned to pay its fair share of the “short-term improvements” thereby, guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. ConditiQgS: 1. This project shall comply with all conditions and mitigation measures which are required as part of the approved Site Development Plan, SDP 95-09, as contained in Planning Commission Resolution No. 3905 except for condition number 1 which is completely replaced by the following: Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Site Development Plan Documents, as necessary to make them internally consistent and conform to Planning Commission’s final action on the project. Any proposed development substantially different from this approval, or a future proposal for an expansion or additional phase of development, shall require an amendment to this approval. The model retail use area as shown on the first floor plans is not intended, or permitted, to be a retail sales use but rather a model or demonstration display area for incorporation into the design and arrangement of stores or retail areas operated by members, clients, patrons or associate of NAMM at their respective offsite locations. Incidental retail sales related to the museum are permitted as provided for in the Carlsbad Ranch Specific Plan (SP 207(D)). 2. Approval of SDP 95-09(A) is granted subject to the approval of SP 207(D), LCPA 98- 10, and CDP 98-88. SDP 95-09(A) is subject to all conditions contained in the Planning Commission Resolutions for SP 207(D), LCPA 98-10, and CDP 98-88. 3. The Developer shall pay his fair share for the %hort-term improvements” to the El Camino Real/ Palomar Airport Road intersection prior to approval of the final map or the issuance of a grading permit, whichever occurs first. The amount shall be determined by the methodology ultimately selected by Council, including but not PC RESO NO. 4540 -3- 3y! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 13 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. 4. 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. General: 5. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of City Council approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4540 -4- 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED AND ADOPTED at a regular meeting of the planning , Commission of the City of Carlsbad, California, held on the 5th day of May 1999, by the ~ following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY EMMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. Hbl!,ZMlkltER Planning Director PC RESO NO. 4540 -5- 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4541 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-88 TO PERMIT A MUSEUM TO BE OPEN TO THE PUBLIC WITH INCIDENTAL RETAIL SALES REALTED TO THE MUSEUM ON PROPERTY GENERALLY LOCATED AT 5790 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: NAMM MUSEUM OF MAKING MUSIC CASE NO.: CDP 98-88 WHEREAS, NAMM, “Developer” and “Owner”, has filed a verified application with the City of Carlsbad regarding property described as Lot 8 of Carlsbad Tract No. 94-09 in Carlsbad Ranch Unit 1 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” through “D” dated April 21,1999, on file in the Planning Department, NAMM MUSEUM OF MAKING MUSIC, CDP 98-88, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of April 1999 and on the 5th day of May 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - W Findinps: That based on the evidence presented at the public hearing, the Commission COMMENDED APPROVAL of the NAMM MUSEUM OF MAKING MUSIC, CDP 98-88, based on the following findings and subject to the following conditions: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is in compliance with the relevant policies of the Mello II Segment of the Local Coastal Program, The Carlsbad Ranch Specific Plan which serves as partial implementation for the Mello II Segment for the project site, and the Coastal Resource Protection Overlay Zone. The project site contains no coastal resources and is currently developed pursuant to a prior Coastal Development Permit. 2. The project complies with the requirements of the Coastal Resource Protection Overlay Zone as the project site has been previously developed pursuant to an earlier coastal development permit. No sensitive vegetation exists on the project site. Drainage facilities to remove pollutants from site runoff are also provided. 3. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. Approval of CDP 98-88 is granted subject to the approval of SP 207(D), LCPA 98-10, and SDP 95-09(A). CDP 98-88 is granted subject to all conditions contained in the Planning Commission Resolutions No. 4538,4539 and 4540 for SP 207(D), LCPA 98- 10, and SDP 95-09(A). NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for PC RESO NO. 4541 -2- 3s’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of May 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: Y COURTNEY E.w, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H&ZMKLER Planning Director PC RESO NO. 4541 -3- 39 The City of Carlsbad Planning Department IBIT 5 m . A REPORT TO THE PLANNING COMMISSION Item No. 5 0 Application complete date: January 8, 1999 P.C. AGENDA OF: April 2 1,1999 Project Planner: Don Neu Project Engineer: David Rick SUBJECT: SP 207(D)/LCPA 98-lo/SDP 95-09tAYCDP 98-88- NAMM MUSEUM OF MAKING MUSIC - Request for a recommendation of approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general public at 5790 Armada Drive in the Coastal Zone and Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4537, 4538, 4539, 4540, and 4541 RECOMMENDING APPROVAL of a Negative Declaration, Specific Plan Amendment (SP 207(D), Local Coastal Program Amendment (LCPA 98-lo), Site Development Plan Amendment (SDP 95-09(A)), and Coastal Development Permit (CDP 98-88), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project is to allow the existing National Association of Music Merchants (NAMM) Museum of Making Music to be open to the general public. The museum was previously constructed and encompasses an area of 6,500 square feet of the 34,000 square foot NAMM Headquarters building. The NAMM building is located within Planning Area 2 (office/research and development) of the Carlsbad Ranch Specific Plan. Because the specific plan did not allow for museums open to the public the Site Development Plan approved for the NAMM building limited the use of the museum to members, clients, patrons, or associates of NAMM. The two primary concerns with opening the museum to the public are the potential traffic increase and the potential need for additional parking. A traffic generation study has been prepared for the museum which concluded that the museum will generate three trips per thousand square feet as compared to the ten trips per thousand square feet which is the corporate office generation rate applied to the original construction. As a result no traffic or parking impacts are anticipated. The parking lot has been altered to include a bus parking space should groups visit the museum. III. PROJECT DESCRIPTION AND BACKGROUND The project site is located at 5790 Armada Drive within Planning Area 2 of the Carlsbad Ranch Specific Plan. The 6,500 square foot Museum of Making Music currently exists on the first floor of the NAMM Headquarters building. The approval being sought is the ability to open the museum to the public. No physical improvements to the building are proposed. Improvements SP 207(D)/LCPA 98-1 O/WP 95-09(A)/CDP 98-88 - NAMM MUSEUM OF MAKING MUSIC April 21,1999 to the parking lot are proposed to accommodate a bus parking space. An amendment to the Carlsbad Ranch Specific Plan is proposed to allow a museum open to the public on only the NAMM property. Because the project site is in the coastal zone and the Carlsbad Ranch Specific Plan serves as partial implementation for the Local Coastal Plan in this area an amendment to the Local Coastal Program is also required. The existing site development plan for the project is proposed to be amended to modify condition number one which prevents the museum from being used by the general public. In addition, a coastal development permit is proposed to allow the change in use to a museum open to the general public. A study titled, “Museum of Making Music Trip Generation”, by Urban Systems Associates established a trip generation rate of three trips per thousand square feet. This rate is less than the ten trips per thousand square feet which a corporate office generates. The end result is that no additional traffic impacts beyond those previously evaluated for the Carlsbad Ranch Specific Plan are expected. Actually fewer vehicle trips will be generated by the museum as compared to the same area being devoted to a corporate office use. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. B. C. D. E. F. G. Office/Planned Industrial (O/PI) General Plan Land Use Designation; Office/Planned Industrial, Qualified Development Overlay Zone (O-Q/P-M-Q); Carlsbad Ranch Specific Plan (SP 207 as amended) Site Development Plan findings required by the Qualified Development Overlay Zone - Carlsbad Municipal Code, Chapter 2 1.06, Section 2 1.06.020; Comprehensive Land Use Plan for McClellan-Palomar Airport; Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone - Carlsbad Municipal Code, Chapter 21.203; and Growth Management Ordinance (Local Facilities Management Plan Zone 13). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. & B. General Plan The proposed public museum is compatible with the General Plan designation for the project site of Office/Planned Industrial (O/PI). The zoning designation for the site is Office/Planned Industrial, Qualified Development Overlay Zone (O-Q/P-M-Q). The proposed public museum use is compatible with professional office uses. The Carlsbad Ranch Specific Plan implements objectives of the General Plan by including required circulation improvements and provisions for SP 207(D)/LCPA 98-lO/WP 95-09(A)/CDP 98-88 - NAMM MUstiUM OF MAKING MUSIC April 21,1999 alternative modes of transportation such as bicycle and pedestrian facilities. The Q-Overlay Zone requires the approval of a Site Development Plan for proposed developed. C. Carlsbad Ranch Specific Plan The project site is located within Planning Area 2 which is designated for office, research and development uses. A museum open to the general public is a compatible use with the permitted uses of the planning area. The proposed specific plan amendment will allow a museum open to the general public on only the NAMM property within Planning Area 2. The NAMM use is unique in that it includes as part of its mission a focus on exposing people to the history of the music products industry as well as the benefits of music education. Besides the issue of land use compatibility the other area focused on was the potential circulation and parking impacts. The specific plan and the program environmental impact report prepared for the specific plan contain limits on the traffic which can be generated from the Carlsbad Ranch. The traffic study prepared for the museum concluded that fewer vehicle trips will be generated by the museum as compared to an office use. The specific plan already contains a museum parking rate of 1 space per 500 gross square feet which is from the Municipal Code. This compares to the office parking rate of 1 space per 250 gross square feet. As a result there is no increased demand for parking with a museum use when compared to the corporate office use. D. Site Development Plan Findings Required By The Q-Overlay Zone The Qualified Development Overlay Zone (Q-Overlay) which is a part of the zoning designation for the property requires that a site development plan be approved. Four findings are required by the Q-Overlay Zone. A site development plan was approved for the existing improvements on the property. An arrendment to the site development plan is proposed to modify the condition limiting the use of the museum and to modify the parking area to include a bus parking space to accommodate school groups and other tour groups. The required findings with justification for each are contained in the Planning Commission Resolution for the site development plan. The following section summarizes the necessary findings and support for each. The requested use is properly related to the site, surroundings and environmental setting as the project design complies with the requirements of the Carlsbad Ranch Specific Plan. All required building and landscape setbacks exist. The site is also adequate in shape to accommodate the use as all other applicable code requirements have been met including the parking requirement for museums. All features necessary to adjust the use to existing and permitted future uses will be provided. Modifications to the parking area are proposed to include a bus parking space. Adequate vehicle circulation exists to accommodate bus turning movements. There are two access points to the site. The planned street system is adequate to handle all traffic generated by the use. The proposed museum will generate less traffic than an office use and is below the total average daily traffic analyzed in the circulation analysis prepared for Program EIR 94-01 for the Carlsbad Ranch Specific Plan. - SP 207(D)/LCPA 98- 1 O/SL)P 95-09(A)/CDP 98-88 - NAMM MUSJXJM OF MAKING MUSIC April 21,1999 E. Comprehensive Land Use Plan for McClellan - Palomar Airport The project site is located within the Airport Influence Area for McClellan - Palomar Airport. The site is inside the 60 CNEL noise contour for Palomar Airport. The property is approximately 7,500 feet west of the airport. The airport land use plan identifies the use as being compatible with the noise levels for the site. F. Mello II Segment of the Local Coastal Program The proposed specific plan amendment also requires the approval of a Local Coastal Program Amendment to the Mello II Segment. This is necessary as the Carlsbad Ranch Specific Plan serves as partial implementation of the Mello II Segment. A six week public notice was completed for the proposed amendment and no comments were received. No coastal issues have been identified relative to this developed site. As stated previously, traffic generation and parking demand have been analyzed and no adverse impact is anticipated. The project is consistent with the relevant policies of the Coastal Resource Protection Overlay Zone (Zoning Ordinance Section 21.203). The project site is presently developed and contains no steep’slopes or native vegetation. Drainage facilities are in place which filter pollutants from runoff before it leaves the site. G. Growth Management Ordinance (LFMP - Zone 13) The proposed project is located within Local Facilities Management Zone 13 in the northwest quadrant. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: FACILITY City Administration Librarv IMPACTS N/A N/A COMPLIANCE WITH STANDARDS Yes Yes Wastewater Treatment V. ENVIRONMENTAL REVIEW An initial study was completed for the proposed use (Environmental Impact Assessment Form - Part II). The environmental review relied in part on Program Environmental Impact Report 94- 01 certified for the Carlsbad Ranch Specific Plan Amendment and related applications on 443 SP 207(D)/LCPA 98-lo/SDP 9509(A)lCDP 98-88 - NAMM MUSEUM OF MAKING MUSIC April 21,1999 PAGE 5 January 9, 1996, by the City Council. A Statement of Overriding Considerations was adopted for cumulative impacts to air quality, agriculture, and traffic. No significant traffic impacts will occur to the intersection of Palomar Airport Road and Paseo De1 Norte. The traffic generated for the project is within the scope of the Carlsbad Ranch Specific Plan Program EIR which analyzed this intersection. All required improvements exist. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR ) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstances negating reliance on previous environmental documentation. Pursuant to 3 15 162 of the. CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstances exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. No additional significant adverse impacts were identified in the initial study for the project, therefore, a Negative Declaration was prepared. The Negative Declaration was published in the newspaper. A Notice of Determination will be tiled upon the final action being taken on the project. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Planning Commission Resolution No. 4537 (Negative Declaration) Planning Commission Resolution No. 4538 (SP) Planning Commission Resolution No. 4539 (LCPA) Planning Commission Resolution No. 4540 (SDP) Planning Commission Resolution No. 4541 (CDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Form Reduced Exhibits Exhibits “A” - “D”, dated April 2 1,1999 BACKGROUND DATA SHEET CASE NO: SP 207(D)/LCPA 9%lo/SDP 95-09(A)lCDP 98-88 CASE NAME: NAMM Museum of Making Music APPLICANT: NAM34 REQUEST AND LOCATION: m museum to the public at 5790 Armada Drive LEGAL DESCRIPTION: J,ot 8 of Carlsbad Tract No, 94-09 in Carlsbad Ranch Unit 1 APN: 2 1 l-022-20 Acres: 4.03 Proposed No. of Lots/Units: GENERAJ, PLAN AND ZONING Land Use Designation: O/PI (Office/Planned Indutial) Density Allowed:. N/A Density Proposed: N/A Existing Zone: Q-O/P-M-Q Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning Site O-Q/P-M-Q North O-Q/P-M-Q South O-Q/P-M-Q East O-Q/P-M-Q West OS General Plan O/PI O/PI O/PI O/PI OS Current Land Use NAMM Headquarters Office/R&D Vacant lot Office Armada Drive & Flower Fields PUBJ JC FACIJdTIES School District: !&&bad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 3.6 Public Facilities Fee Agreement, dated: N/A mVIRONMENTAL IMPACT ASSESSMENT LIzI Negative Declaration, issued Jarmary 76. 1999 cl Certified Environmental Impact Report, dated cl Other, A. B. C. D. E. CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: NAMM Museum of Making Music - SP 207(D)/ICPA 98-lo/SDP 95 09(A)/CDP 98-88 LOCAL FACILITY MANAGEMENT ZONE: u GENERAL PLAN: O/PI ZONING: O-Q/P-M-Q DEVELOPER’S NAME: NAMM ADDRESS: 5790 Armada Drive. Carlsbad. CA 92008 PHONE NO.: 438-8001 ASSESSOR’S PARCEL NO.: 2 1 l-022-20 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 6.500 sq. ft. museum ESTIMATED COMPLETION DATE: F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = N/A Library: Demand in Square Footage = N/A Wastewater Treatment Capacity (Calculate with J. Sewer) 3.6 EDU Park: Demand in Acreage = Paid $.40/sa. ft. Drainage: Demand in CFS = NIA Identify Drainage Basin = C (Identify master plan facilities on site plan) Circulation: Demand in ADT = 20 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 4 Open Space: Acreage Provided = N/A Schools: N/A (Demands to be determined by staff) Sewer: Demands in EDU 3.6 Identify Sub Basin = F (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 792 The project is not proposing any dwelling units thereby not impacting the Growth Management Dwelling unit allowance. RECEIVED DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications &&i&h &i@ &,# re discretionary action on the part of the City Council or any appointed Board. Cow- Qq 1 . The following information MUST be disclosed at the time of application be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and propeity owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of u persons having a financial interest in the application. If the applicant includes a coruoration or uartnership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. include the names, titles. and addresses of the corporate officers. (A separate page may be attached if Carp/Part d ,/A Title Address 440 1 M~WWW kc.*2&ddress ~l~ltles, cd& qza2-4 3 -. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of && persons having any ownership interest in lhe property involved. Also, pro;‘rdr: the 11ri:Crc of the kgal e)wtrercl)lp [i.~, partnership. tenants in common. non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, include the names. titles. and addresses of the corporate offtcers. (A separate page may be attached if necessary.) Person /a I Carp/Part ti ,/k Title Title . Address Address 2075 Las Palmas Dr. - Cartsbad, CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 f NON-PROFIT 0” NIZATION OR TRUST If an!’ person ident.-xd pursuant to (1) or (2) above is a nonurollt oreanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trust,ge or beneficiary of tht;: Non Profit/Trust n Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions, Committees and/or Council within the past twelve (12) months? cl Yes d No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct Print or type name of owner 5 Ied &QJQ.~0 d Print or type name of applicant Signature of ownekapplicant’s agent if applicable/date Print or type name df owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 48 Larry R. Linkin, President I CEO Warner Paige, Chairman Get-son Rosenbloom, Vice-Chajrman Paul Murphy, Treasurer Steve West, Secretary National Association of Music Merchants 5790 Armada Drive Carlsbad, CA 92008 49 I / ! I I 1 :II /: Ti L ~1 , 1 I ‘1 / j’j ( I iI I / Ii j /:j ! / , / , IN y/ I,i gi ;I/ $1 j/ 5’ j; E/ I 1 ,‘I ; ,I / / j ‘;I ‘1 . . * ‘y: p +G& 11 I1 1 . i , 6 : ,~ormrr--l’.““,” m.0 I/ & 1 IY i g;g rErci &,;n 4, ,‘A--; 5/ P’ i-t- - ,‘(’ I / I ‘: 8;: 1,1, r ,I a.!!, -! \, J \‘\ i \ :\ I I i ‘i / ‘\ --.._/- /” -i i bt 1 -1 j/ / s i 7. :--.-----i-- ] :I jt, . . . . . . . . . .._ “F /I “, -- f=rY ’ j / I, Ii W --------__-_ L-3 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. 1 0 Application complete date: January 8, 1999 P.C. AGENDA OF: May 5, 1999 Project Planner: Don Neu Project Engineer: David Rick SUBJECT: SP 207(Dj/LCPA 98-lo/SDP 95-09[AWDP 98-88 - NAMM MUSEUM OF MAKING MUSIC - Request for a recommendation of approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general public with incidental retail sales related to the museum at 5790 Armada Drive in the Coastal Zone and Local Facilities Management Zone 13. I. COMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4537, 4538, 4539,4540, and 4541 RECOMMENDING APPROVAL of a Negative Declaration, Specific Plan Amendment (SP 207(D)), Local Coastal Program Amendment (LCPA 98-lo), Site Development Plan Amendment (SDP 95-09(A)), and Coastal Development Permit (CDP 98-88), based on the findings and subject to the conditions contained therein. II. BACKGROUND The National Association of Music Merchants (NAMM) Museum of Making Music project was considered by the Planning Commission at the April 21, 1999 hearing. The project was continued to the May 5, 1999 hearing because of concerns raised regarding the applicant’s desire to have limited retail sales related to the museum. The issues related to limited retail sales in support of the museum concerned the following: (1) The type of retail sales desired are not currently permitted in Planning Area 2 of the Carlsbad Ranch Specific Plan, and (2) the Planning Commission indicated a desire to permit some retail sales in support of the museum but wanted to limit the retail use. To address the two items listed above staff has revised the resolutions and ordinance. The revisions include permitting incidental retail sales related to the museum. The area of retail sales is proposed to be limited to 325 square feet which is 5 percent of the floor area of the 6,500 square foot museum. The museum presently includes a Model Store. The Model Store is one of six display areas in the museum. It features musical instruments and other related products manufactured by today’s music products industry. According to the applicant the objectives of the Model Store are as follows: - SP 207(D)/LCPA 98-l O/SDP 9509(A)/CDP 98-88 - NAMM MUSEUM OF MAKING MUSIC MAY $1999 1. To show museum visitors current musical instruments and music store display techniques as compared to those from earlier time periods as represented in the museum. 2. To educate NAMM retail members on the most up-to-date merchandising techniques and products. The Model Store is used for training sessions. 3. Musical instruments and accessories in the Model Store are not for sale. The museum does not want to be in competition with local music retailers. ATTACHMENTS: 1. Planning Commission Resolution No. 4537 (Negative Declaration) 2. Planning Commission Resolution No. 4538 (SP) 3. Planning Commission Resolution No. 4539 (LCPA) 4. Planning Commission Resolution No. 4540 (SDP) 5. Planning Commission Resolution No. 4541 (CDP) 6. Planning Commission Staff Report dated April 2 1, 199 with attachments 7. Planning Commission Resolution 3905 DN:mh - PLANNING COMMISSION April 21, 1999 EXHIBIT 6 Page 6 5. SP 207!D)/LCPA 98-IO/SDP 95-09!A!/CDP 98-88 - NAMM MUSEUM OF MAKING MUSIC - Request for a recommendation of approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan, and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general public at 5790 Armada Drive in the Coastal Zone, and in Local Facilities Management Zone 13. Assistant Planning Director, Gary Wayne introduced the item and stated that the Commission’s action on this item is not final and will be forwarded to the City Council for its consideration. Mr. Wayne introduced Senior Planner, Don Neu, who presented a brief slide presentation and staff report as follows: The site is located on Armada Drive in Planning Area 2 of the Carlsbad Ranch. The existing building is approximately 34,000 square feet. On the first floor there is an area that is used and improved, as a museum, approximately 6,500 square feet in size. At this time there is a condition on the Site Development Plan, as well as limitations in the Carlsbad Ranch Specific Plan, that prevent this museum from being open to the general public. The area within Planning Area 2 was designated as an Office/Research & Development area for the Carlsbad Ranch. This amendment would allow the museum to be opened to the public on only the NAMM property. In evaluating adjacent permitted uses, it has been determined that the museum would be compatible with surrounding development. One of staffs concerns was that the museum might generate a large number of vehicles trips (ADT) as compared to office and R&D uses. A traffic study has been done that shows that the traffic generation rate, for the museum, is actually much lower than the rate for corporate ofices. The related question was “what will the demand be for parking at a museum?” The municipal code includes a parking rate of 1 space for every 500 square feet that was incorporated into the Carlsbad Ranch plan when it was originally approved. It is recognized that a museum generates fewer trips than other uses. The Site Development Plan Amendment is solely to modify the first condition which limits the use of the museum and also to revise the parking area to include a bus parking space. The reason for the bus parking space is that the museum is intending to target school and other groups that might be expected to arrive in a bus. With those changes, staff is recommending that findings can be made for the Site Plan Amendment. Because there is a Specific Plan Amendment, it also requires a Local Coastal Program Amendment. The Coastal Commission did approve the Carlsbad Ranch Specific Plan and basically included it as part of the implementation for the Mello II Segment. After this project is heard by this Commission and City Council, assuming it gets a positive recommendation, it will need Coastal Commission action. The Coastal permit is required because of the change in the use, for which findings can be made. The site is within Zone 13 and the only physical change will be made to the parking area improvement is mentioned above. Staff determined that there are no additional facilities impacts that require other measures or conditions and all of the required performance standards of the Zone 13 Plan are being complied with. The environmental review proposes a Negative Declaration which relies on the EIR that was done for the Specific Plan. A condition regarding the project requirement to participate in the Palomar Airport Road/El Camino Real intersection improvement has been added. Staff is recommending that the Planning Commission adopt the proposed resolutions that would recommend approval of the Negative Declaration, Specific Plan Amendment, Coastal Plan Amendment, Site Plan Amendment, and Coastal Development Permit to the City Council. Commissioner Welshons stated that there appears to be some new walkways for the museum area and pointed out that one of the 1996 conditions in Resolution No. 3905 requires them to have a bike rack and showers and asked if the sidewalks affect the location and/or placement of the bike rack, or will it be removed completely. Mr. Neu replied that the bike racks will remain. The sidewalk portion on the drawing referred to, is the plan that was used to get the improvements for the museum through the Building Department. The sidewalks have been constructed and the bike rack is in place and does not appear to be affected by the sidewalk. Commissioner Welshons pointed out that there is a notation on the drawings for a future site development modification and asked Mr. Neu to explain that notation. MINUTFS z& PLANNING COMMISSION April 21, 1999 Page 7 Mr. Neu replied that the original site plan had anticipated adding a rounded wing element to the north end of the building. However, it was not shown as an improvement on the site plans so if it ever becomes a proposed improvement there will need to be a Site Plan Amendment approved. Commissioner Welshons asked if such improvements would be more than just an architectural feature. Mr. Neu replied that it was intended for potential additional square footage. Commissioner Welshons asked what type of signage they are proposing to use on Armada Drive, to direct people to the museum. Mr. Neu replied that he has discussed signage with the applicant. Initially when the original sign proposal was done, there was a monument sign being contemplated. Over the course of the construction of the sign for the project, they ultimately put wall signs on the front and back of the building. It appears that the wall signs precluded them from having a monument sign. Now that Fleet Street has been completed and the NAMM building has frontage on two streets, they will pick up some additional sign allowance. Although no calculations have been made, to date, it is likely that there is some surplus to allow a monument sign for the museum. Commissioner Welshons asked if the applicant has indicated what the hours of operation will be. Mr. Neu deferred the Commissioner’s question to the applicant. Because of the zoning, Commissioner Welshons stated that when this project was originally approved, staff was adamant that this museum should not be open to the public because it is not in the Tourist/Commercial Zone. Now that the City is being asked to allow the museum to be open to the public, Commissioner Welshons asked if staff has taken a position on the hours of operation and should those hours be in conjunction with the typical work hours of that zone. She also questioned whether or not museum traffic would conflict with LEGOLAND traffic. Mr. Neu replied that, given the adjacent uses, staff feels that the surrounding uses will probably not be affected by hours of operation that might run past 5:00 p.m., or begins at an earlier hour in the morning. Shari West, Executive Director of the Museum of Making Music, 5790 Armada Drive, Carlsbad, provided background information and data and the expectations of the museum (should it be allowed to be open to the public), as follows: As stated by staff, the museum is located within the NAMM building at 5790 Armada Dr., Carlsbad, which was opened to honor the rich NAMM membership on April 26, 1996. NAMM is an international music product association with over 7,000 members, worldwide. It is one of the oldest trade associations in the country and will celebrate its 100th birthday in the year 2001. The members of this association are musical instrument manufacturers, distributors, and music retailers. Although it is located in the NAMM headquarters, the museum is a separate non-profit cultural institution. The museum’s mission is to expand the appreciation, understanding, and enjoyment of music and music making. It is a one of a kind museum with exhibits that celebrate 100 years of music in America, starting in 1890. This museum will provide visitors with a glimpse of American life. They will experience popular music spanning the entire 100 years, a small music store environment with the most popular instruments of each period in its history. There are over 450 musical instruments and dozens of historic photographs that bring the exhibits to life. Reaction to the museum, by NAMM members and guests, has been most favorable. Recent research show that music education can greatly improve children’s math and reading scores, build self esteem, and help children to adjust socially. The museum has hired an educational consultant to pinpoint the need for such music related programming and is currently working with the Carlsbad Unified School District and local youths groups and some senior citizen groups to address that need. Reactions by those groups has all been very positive. It is because of the museum’s strong education mission, that the museum is applying for an amendment to the existing Site Development Plan, in order to open the museum to the general public. Traffic generation studies, done by Urban Systems, indicates that if the Museum of Making Music is open to the public, it will generate 3 trips per 1,000 square feet as compared to 10 trips per 1,000 square feet generated by corporate offices. As a result, no traffic PLANNING COMMISSION April 21, 1999 Page 6 or parking impacts are anticipated. The parking lot has been altered to include a bus parking space. The Fire Department allows up to 130 people in the museum, at one time. Currently the number of NAMM members and guests who visit each day is from 6 to 10 people, with an occasional group of 20 to 30 people. All groups will be prescheduled. Five scheduled tours, per week, is anticipated and will consist of school groups, senior citizen groups, etc. The number of casual visitors, during the weekdays, is expected to be very low (approximately 25) including NAMM visitors and guests. 150 to 200 visitors, per day, are expected on weekends., The hours of operation are expected to be between the hours of 1O:OO a.m. and 5:00 p.m., seven days a week, with the museum being closed on all major holidays. To support the museum’s public programming, a small fee will be charged for admission. The goal of the museum is to bring the joy of positive benefits of music and music making to the residents of Carlsbad. The museum is dedicated to music related education programs for the City’s young people and to adding to the quality of life for the entire community. Commissioner Compas asked if the museum’s goal will include citizens from other cities as well as the citizens of Carlsbad. Ms. West responded by stating that they want to develop the music education programs as much as possible. Once the pilot program is operational to the citizens of Carlsbad, they will probably make the facility available to those in surrounding communities. Commissioner Welshons asked if the library, across the hall from the museum, will also be opened to the public. Ms. West replied that the library is only a resource (research) library and will not be a lending library. It will be on-line and they expect that most of the use will come via the Internet. She added that it is an industry based library whose objective is to collect the history of the music products industry. She also stated that they are getting calls from Carlsbad students who are doing research projects, wanting to know about the history of a variety of musical instruments. Commissioner Welshons referred to an exhibit of .a retail music store and asked what the objective of the model store is. Ms. West replied that the model store represents today’s product, as opposed to the other exhibits focused on history. In addition, the plans are to make that exhibit more interactive to support the education programs as well as to give the retail members ideas about current marketing concepts. Commissioner Welshons stated that she thought there were items for sale in that model store. Ms. West stated that they do not yet have retails sales but hope to eventually be in a position to have a very small portion of the model store available for retail sales. The retail items will probably include things like logo items, books, and other educational items. Regarding school groups as visitors, Commissioner Welshons asked how they intended to have Carlsbad students transported to the museum since Carlsbad does not have school busses. Ms. West replied that they are aware that there are no school buses in Carlsbad. However, they are thinking along the lines of having a large van that will take instruments and other materials out to schools in the community so that children can have “hands-on” experiences with musical instruments. They also want to develop programs that can be taken into the classroom. Another concept is to get outside funding so that they can pay for busses to transport the students to the museum. Commissioner Welshons asked what their experience, in terms of volume, has been since the NAMM museum opened on April 26, 1996. Ms. West replied that they get from 6 to 10 visitors per day. She added that NAMM’s members are spread all over the world so many are not from this area. They have, however, had some industry related PLANNING COMMISSION April 21, 1999 Page 9 meetings in the building which have drawn from 20 to 30 people at any one time. Commissioner L’Heureux stated that if some parents volunteer to transport an individual school class, there could be as many as 8 or 10 cars. If that were the case, would there be adequate parking for those cars? Ms. West replied that there is more than adequate parking and added that they have more parking spaces than those required for the building’s construction. Chairperson Heineman opened Public Testimony and offered the invitation to speak. Steve Harrison, 4401 Manchester Avenue, Encinitas, stated that he has been working with NAMM for the past 2 or 3 years getting the original project approved and now is assisting Ms. West in the process of getting the museum open to the public. For the record, Mr. Harrison stated that the applicant has already paid their fair share of fees for improvements and wish to be made exempt from any further fees assessment for the Palomar Airport Road/El Camino Real intersection improvements. Seeing no one else wishing to testify, Chairperson Heineman closed Public Testimony. Mr. Neu, regarding the proposed retail store, stated that the Specific Plan has an allowance for limited commercial uses located within the same building as the principal permitted use, such as delicatessen, mini-convenience store, or other similar uses limited to the sales of goods and services intended to satisfy the needs of the occupants of the Research and Development Parks. Technically, the sale of merchandise related to the museum would not ordinarily be construed as something an occupant of the business park would need. The use of a retail facility within the museum does create a technical problem. Commissioner Heineman asked if there is a solution that would allow such retail sales. Mr. Neu replied that the way it appears, it is not an allowed activity unless the Specific Plan can be interpreted differently. Mr. Neu suggested that the Commission might wish to amend the language to allow such a facility or they may wish to continue to prohibit such a use. He added that he does not envision someone going to that store to purchase items unless they have just toured the museum and therefore the use would not generate any additional traffic or impacts. Mr. Wayne stated that, in his opinion, what has been described by Ms. West is sales incidental to the museum and if that is something this Commission wishes to recommend to the City Council as part of this approval, that is in the purview of this Commission. Commissioner Segall asked if other industrial complexes sell items that are not food related, that could be considered sales incidental to their businesses. Mr. Wayne replied that there are none. Those that have company stores are for employees only and not for sales to the general public. Commissioner Compas asked if NAMM could come back for a retail sales approval if they definitely decide to have a retail sales facility. Mr. Wayne replied that the problem is that on the surface, the problem seems rather small. However, it is a very large process and very costly. Chairperson Heineman re-opened Public Testimony. Ms. West stated that they were not aware that this proposed small retail area would be an issue. The museum is a separate non-profit entity from NAMM and the items that would be sold would be related to the mission of the museum, as is true for most museum shops. They are hoping for some sales as they need funds so they can be self supporting. She added that the museum store would not be a very large PLANNING COMMISSION April 21, 1999 Page 10 piece of their support but is certainly an important piece. She urged staff and the Commission to find a way to allow this museum store. Commissioner Welshons pointed out that in Resolution No. 3905, Condition No. 1, very specifically says that retail sales is prohibited and quoted directly from that resolution and condition. She then stated that this is the resolution that was approved in 1996 and referenced in all of the current conditions. She added that everything remains the same except the change that is being proposed to amend the use of the museum to allow public use. Commissioner Welshons continued by stating that if the pleasure of this Commission is to allow retail sales associated with the museum use, she would propose that this item be continued to the next meeting so that staff will have time to draft language that would be specific to the museum. Chairperson Heineman closed Public Testimony. Commissioner Welshons stated that her choice would be to allow retail sales, related to the museum. She further stated that Condition No. 1 needs to be further amended in addition to what is currently being proposed. Commissioner Compas asked if the applicant is in agreement with continuing this hearing to May 5, 1999. Chairperson Heineman re-opened Public Testimony. The applicant, Ms. West, stated they would be happy to wait and agreed to a continuance to May 5, 1999. Chairperson Heineman closed Public Testimony. Commissioner Welshons then asked staff if two weeks is enough time to draft new language, Mr. Neu replied that two weeks would be ample time. Commissioner Welshons stated that the intent is that the Commission not open up a precedent for other business by being so general as simply allowing retail sales. She further stated that she would like to see staff take the two weeks and draft language that is very specific to the non-profit use of this museum. Mr. Wayne agreed with Commissioner Welshons that additional time because staff will also probably want to limit the amount of square footage available to this retail space. ACTION: Motion by Commissioner Welshons, and duly seconded, to continue this item to May 5, 1999, to allow staff time to draft language that would allow retail sales, specific to the museum’s non-profit use. VOTE: AYES: NOES: ABSTAIN: 6-O Heineman, Compas, L’Heureux, Segall, Welshons, Nielsen None None MAY-26-99 WED 11:OO CITY OF CARLSBAD COMM DE FAX NO, 4380894 4-h P, 02 COWlJYW$ PURl l!Zm 1. PA 98 l()lsDp 954~~Dp 98.88 Nj$MM OF MAKING MIm s s Request for a recaknendation of approval for a Negative Declaration, an amendment to the MAY-26-99 WED 11:OO CITY OF CARLSBAD COMM DE FAX NO, 4380894 .- PLANNING COMMISSION May $1999 Page 2 Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan. and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general. public at 5790 Armada Drive in the Coastal Zone and Locai Facilities Management Zone 13. Senior Management Analyst, Bobbie Hoder introduced the item and stated that the Commission’s action on this item is not final and will be forwarded to me City Council for its consideration. Ms. Hoder introduced Senior Planner, Don Neu, who presented me staff repon as follows: This item was continued from the last hearing because me applicant has indicated the desire to have limited retail sales associated with the museum use. At the time of the last hearing, staff was directed to return with appropriate language to allow such a retail use, since the Commission seemed to be in favar of Such a use. staff is proposing to amend the proposed language for the Specific Ptan Amendment and the Local Coastal Plan Amendment as well as a condition of the Site Development Plan. Essentially, the amendments will allow a maximum of 325 square feet of the museum floor area to be used for what is now being referred to as incidental retail sales related to the museum. Staff feels that there is not a citywide policy issue, in that this project is within a specific Plan that has a unique set of regulations that apply to just this area. It is not, therefore, an issue in terms of expanding uses in a Planned Industrial Zone. Mr. Neu submitted an errata sheet indicating minor adjustments to the Specific Plan and Coastal Plan Language as well as the deletion of a number of conditions in the Site Development Plan. Commissioner Welshons asked Mr. Neu to COmfflent on the suggestion (at the last hearing) that the museum’s ADTs should be changed and whether or not the museum’s fait share of the circulation fees should be changed. Mr. Neu replied that staff has been applying a condition relating to the Palomar Airport Road/El Camino Real intersection failure to all projects asking for discretionary action and at the time when the NAMM project was approved, the City Council had not yet acted upon the proposals, for ways to finance future improvements to that intersection. Since Council has acted and has now taken action, this particular facilities zone is noi being requested to be included in the fee program and therefore it is appropriate to delete that condition. ’ ‘Assistant City Attorney, Rich Rudolf interjected and stated that the action that the Council took was to approve the’ Urgency Ordinance which goes into affect for 45 days and the ordinance declared a moratorium within specified Local Facilities Management zones in which this zone is apparently not included. This allowed an escape from me moratorium if they signed an agreement promising to pay. It is still not known what the cost methodology is going to be for the fee and it might be that it will be an amendment to the citywide Transportation Impact Fee which would affect others than those in that zone. Until that is resolved (which might be within th6 45 days) the condition in question will still be imposed (across the board) just to be safe and so the City will have the authority to collect the fees if necessary. Commissioner Wekhons asked if that is based on a fair share and how is it determined how much a property is going to have to pay. Principal Engineer, Bob Wojcik stated that (in this case) because they have already paid their Traffic Impact Fees for the entire building and Krause the museum will not increase Me ADTs, there will be no further charge for this new fee. Commissioner Welshbns asked Mr. Rudolf to comment on Mr. Wojcik’s statement. Mr. Rudolf stated that it appears that Mr. Wojcik’s statement is true but the conditions should remain, in case of necessity. .I Commissioner Welshons pointed out that with the reallotment of floor space, the building.is no longer all offices. Based on that, they should not have to pay on an office rate versus a museum rate. MAY-26-99 WED 11:Ol CITY OF CARLSBAD COMM DE FAX IjO, 4380894 -. PLANNING COMMlSSlON May !$I999 P, 04 Page 3 Mr. Rudolf agreed with Ms. Welshons. Commissioner Welshons asked if NAhdM were to be forced to pay fees (right now) would they have to pay fees based on 30.000 square feet of office space. Mr. Rudolf replied that they have already paid for that and that any additional fees would be based on the change affected by this approval and it seems that staff is saymg that there will be zero additional fees. Commissioner Welshons asked if the Gemological InstiMe of America (GlA) has a retail facility jn their building. Mr. Neu replied that they have a bookstore that is allowed as part of the uses for that planning area which is primarily for me students in attendance at the instiiute. Referring to No. 3 of the errata sheet, Condition No 3 (new Condition No. l), Resolution NO, 4540. Commissioner Welshons asked if Condition No. 1, Resolution No. 4541, should also be deleted as it is identical to the deleted Condition No. 1 in Resolution No. 4540. Mr. Rudolf replied that it is not necessary as Condition No. 2. Resolution No. 4541 picks up all of the conditions of the prior approval. He added that if there Is anything technical missing from Condition No. 1, Resolution No. 4541, it is picked up by No. 2, by cross-referencing the other. Referring to the same Condition No. 9. (new Condition No. 1) asked if the reference to the model sales facility and the reference to the permitted 325 square foot retail space contradict each Other. Mr. Neu replied that they really do not contradict each other. He pointed out that the display area is separate from the retail sales area. Mr. Rudolf substantiated Mr. Neu’s comment and stated that the mOdeI retail facility is a display in the museum ana the retail sales facility is an entirely separate 325 square feet of space also within the museum. Commissioner !&gall asked if the term ‘incidental” is clear in terms of the actual meaning or should it be further defined. Mr. Neu replied that the term ‘incidentat’ is clear, in that by adding language limiting a maximum of 325 square feet for retail sales, it is obvious that the retail area is meant to be secondary to me museum. Chairperson Heineman opened Public Testimony and offered the invitation to speak. Seeing no one wishing to testify, Chairperson Heineman closed Public Testimony. Commissioner Welshons asked if the NAMM library is open to the public. Mr. Neu replied that the applicant has described the library as more of a resource use as opposed to a place where the public is likely to visit. He added that the proposed amendment is not specifically addressing the library and it is not something that staff is overly concerned about. ’ ACTION: Motion by Commissioner Compas, and duly seconded. to adopt Planning Commission Resolutions No. 4537,4538,4539,4540. and 4541 recommending approval of the Negative Declaration, Specific Plan Amendment (SP 207(D)) Local Coastal Program Amendment (EPA 93-10). Site Development Plan Amendment (SDP 9509(A)), and Coastal Development Perrnlt (GDP SESS), based upon the findings and subject to the conditions contained therein. including the errata sheet dated April 30, 1999. MAY-26-99 WED 11:02 CITY OF CARLSBAD COMM DE FAX NO. 4380894 '- L- P, 05 PLANNING COMMJSSION May 5,1999 Page 4 Commissioner Welshons congratulated the NAMM officials for creating this museum and opening it to the public. She also stated that she wished it possible U&X NAMM CaJki acquire a passenger bus that would enable them to go to various schools and organizations. in the City of Carlsbad, and pick up the students and participants and transport them to the museum at NAMM VOTE: 7-o AYES: Heineman, Compas, L’Heureux, Segdl, Trigas, Welshons, Nielsen NOES: None ABSTAIN: None NOTICE OF PUBLIC HEARING DESCRIPTION: COMPLETE DATE: January 8,1999 Request for approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general public. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located at 5790 Armada Drive in the Coastal Zone and Local Facilities Management Zone 13. ASSESOR’S PARCEL NUMBER: 21 l-022-20 APPLICANT: Harrison Co. 4401 Manchester Ave., Ste. 205 Encinitas, CA 92024 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 June 1, 1999 at 6:00 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 28, 1999. If you have any questions, or would like to be notified of the decision, please contact Don Neu at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 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 4446. APPEALS If you challenge the Negative Declaration, Specific Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, and/or Coastal Development Permit 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 at, or 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: UI’his site is located within the Coastal Zone Appealable Area. BI’his 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 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92 108- 1725. CASE FILE: SP 207(D)/LCPA 98-lo/SDP 95-09(A)/CDP 98-88 CASE NAME: NAMM MUSEUM OF MAKING MUSIC PUBLISH: MAY 21,1999 i \ \ I \ @ NAMM - MUSEUM 0; MAKING MUSIC SP 207(D)/LCPA 98-l O/ SDP 9509(A)/CDP 98-88 (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notide Sp 207(D) /I-CPA g8-lo/SDP 95-09(A)/CDP 98-88 - NAMM Museum of Making Music for a public heating before the City Council. Please notice the item for the council mestIng of ASAP to include Coastal Commission Submittal . Thank you. May 10, 1999 Date - City of JVOTICE OF PUBLIC HEARING COMPLETE DATE: January 8,1999 DESCRIPTION: Request for a recommendation of approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general public. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located at 5790 Armada Drive in the Coastal Zone and Local Facilities Management Zone 13. ASSESSOR’S PARCEL NUMBER: 21 l-022-20 APPLICANT: Harrison Co. 4401 Manchester Ave., Ste. 205 Encinitas, CA 92024 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on April 21, 1999 at 6:00 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 April 15, 1999. If you have any questions, or would like to be notified of the decision, please contact Don Neu 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 Palmas Drive, Carlsbad, California 92009, (760) 438- 1 16 1, extension 4446. . . . . . . . . . . . . 2075 La Palmas Dr. l Carlsbad, CA 92009-l 576 l (760) 438-l 161 l FAX (760) 438-0894 @ . . . APPEALS If you challenge the Specific Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, and Coastal Development Permit 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 prior to the public hearing. 1. eals to the City 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. q 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 fi-om 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 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: SP 207(D)/LCPA 98-lo/SDP 95-09(A)/CDP 98-88 CASE NAME: NAMM MUSEUM OF MAKING MUSIC PUBLISH: APRIL 8,1999 CA COASTAL COMMISSION SD COUNTY PLANNING CA DEPT OF FISH & GAME STE 200 STE 6 ’ STE 50 3111 CAMINO DEL RIO NO 5201 RUFFIN RD 330 GOLDENSHORE DR SAN DIEGO CA 92108-i 725 SAN DIEGO CA 92123 LONG BEACH CA 90802 I I REGIONAL WATER QUALITY BRD ’ SANDAG ’ LAFCO STE B STE 800 1600 PACIFIC HWY 9771 CLAIREMONT MESA BLVD 401 BST SAN DIEGO CA 92101 SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 / j CARLSBAD UNIFIED SCHOOL DIST ’ US FISH 81 WILDLIFE SERVICES 801 PINE ST i 2730 LOKER AVE WEST ! CARLSBAD CA 92008 CARLSBAD CA 92008 CITY OF CARLSBAD . WATER DISTRICT CITY OF CARLSBAD ’ CITY OF CARLSBAD CITY OF CARLSBAD COMMUNITY SERVICES DEPT ENGINEERING DEPT ! PROJECT PLANNER DON NEU C B RANCH ENTERPRISES 5600 AVENIDA ENCINAS 10 ‘CARLSBAD CA 92008-4452 KILROY REALTY L P PO BOX 188251 CARLSBAD CA 92009-0805 PALOMAR CANNON PARTNERS 5522 LOCKHAVEN DR BUENA PARK CA 90621-1540 CARLSBAD RANCH MAINTENA 5600 AVENIDA ENCINAS 13 CARLSBAD CA 92008-4455 *** 11 Printed *** CARLSBAD PACIFIC RESORT 5050 AVENIDA ENCINAS 20 CARLSBAD CA 92008-4381 KILROY REALTY LP 4365 EXECUTIVE DR SAN DIEGO CA 92121 CARLSBAD RANCH CO 5600 AVENIDA ENCINAS 10 CARLSBAD CA 92008-4452 L P KREG-OC 4275 EXECUTIVE SQ 240 LA JOLLA CA 92037-9146 15 CARLSBAD RANCH LLC 619 S WLCAN AVE ENCINITAS CA 92024-3634 -- _ SPIEKER PROPERTIES L P 19600 FAIRCHILD 285 IRVINE CA 92612-2510 LEGOLAND CALIFORNIA INC 1 LEGOLAND DR CARLSBAD CA 92008 - LABELS - 5163 LCPA MAILING LIST (GOVERNMENT AGENCIES) . APPENDIX A (LIST IS REQUIRED BY COASTAL COMMISSION) DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 110 WEST A STREET SANDIEGO CA 92101 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94103 - -___-.. BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 980 NINTH STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS TIM VASQUEZ, ENVIRONMENTAL PLANNING 2829 SAN JUAN ST SANDIEGO CA 92138 SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 401 B STREET SANDIEGO CA 92101 --- -. OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFAIRS 1400 TENTH STREET SACRAMENTO CA 95814 .-.-. --~~ ..~ DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 1120 N STREET SACRAMENTO CA 95814 RESOURCES AGENCY RM 1311 1416 NINTH STREET SACRAMENTO CA 95812 U. S. FISH AND WILDLIFE SERVICE SUITE 130 3310 EL CAMINO AVENUE SACRAMENTO CA 95821 ~-- -. -.. - .---.. - _. ~~ __.. ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 11516 NINTH STREET SACRAMENTO CA 95814 ‘_ ..- --.-__- - - __ MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONGBEACH CA 90802 : COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 ,... -. - DEPARTMENT OF FISH AND GAME ; GAJL PRESLEY, CHIEF , ENVIRONMENTAL SERVICES DIVISION , RM 1341 I 1416 NINTH STREET ; SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY 1 DOUG WICIUZER, ENVIROMENTAL COORD / RM 1516-2 1416 NINTH STREET SACRAMENTO CA 95814 ~. --__--- -~--- .~.~ SOUTHERN REGION SAN FRANCISCO BAY CONSERVATION JOHN WALSTROM, TECHNICAL SERVICES AND DEVELOPMENT COMMISSION 8885 RIO SAN DIEGO DRIVE BILL TRAVIS SAND DIEGO CA 92108 30 VAN NESS AVENUE SAN FRANCISCO CA 958 14 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 WATER RESOURCES CONTROL BOARD PO BOX 100 SACAR4MENTO CA 95801 -. REGIONAL WATER QUALITY CONTROL BOARD SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 .--.- ~-~---. .-. ._. ._.__.. ~~. _---- -. DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 > --.. ~--.--- ______ ~.__ --.~ --~- .~ -_ PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHERIC ADMIN - OCRM, 55MC4 N/ORM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 20910 U.S. ARMY CORPS OF ENGINEERS LILY ALYEA - SUITE 702 333 MARKET STREET SANFRANCISCO CA 94105-2197 ---____----. DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 7601 l-4005 - BARRY BRAYER, AWP-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009 USDA - RURAL DEVLOPMENT 430 ST DEPT 4169 DAVIS CA 956 16 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 - .-. DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER PO BOX 2711 LOS ANGELES CA 90053 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 C. I --__-. --__- --.. -... .~ I I ‘U. S. BUREAU OF LAND MANAGEMENT 2135 BUTANO DRIVE *SACRAMENTO CA 95825 I --._ ..__ ___.-. -__ _.. ~_ . ____.-_ U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDERCITY CO 89005 I ‘_ .+ ..~..___.._ ___-- I SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 1901 SPINNAKER DRIVE SAN BUENAVENTUK4 CA 93001 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 .-.--- - ~. ..__ . ~_ DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SANFRANCISCO CA 94102 U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWERN 1111 2m STREET CRESCENT CITY CA 95531 -. . CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 H:\ADMINiLAilELSWP XNTERESTED PARTIES tJ-PDATED 3-99 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 . LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 > LAN~KAI LANE PARK SHARP; SPACE 3 6550 PO:NTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 j_ DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 -. 1 - I I ! < ! I I CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER &AL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES; CA .90069 . MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DlEGOCOUNl? PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 U.S. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 I TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER SANDAG - EXEC DIRECTOR 1 ST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 . BILL MCLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 : 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVlSOR.BlLL HORN ATTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL ROAD CARLSBAD CA 92009 PROOF OF PUBLICATION (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 21, 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. .sa!! Marcos Dated at California, this 21st day of May 1999 ----- -&&+ ------ NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk’s Filing Stamp Proof of Publication of Notice of Public Heraing -----------------------w-m NOTICE OF PUBUC HEARlNG COMPLETE DATE. hUW8.1~ +,CRIPTtON “, m he cadstad hnch SIR plan. a ka coastal Pragram $ml b aFm-r a warn c!dmm. an mm” and B masta, De”ebpmenf pmu,, 10 perml, tile BXlAlng 6 5cm ,&mm, a” me”dme”f lb me e*lsll”g sde -pmenl pare ,m, m”ss”m to be open 10 Ihe geoeral PONK da ;;;‘;, d wmo wcih/at camtmiscoasar ml& *ma Am= one ,n the coastal Zmw and Local Fames lanagemnl zone 13 ,x3SoR’S PARCEL NUMBER 211.022-20 VPLICANI %rnrn co 440, ~ancimm(lva Ste 205. Enmvm CArno A pu~,c heanng 0” me we P”POS~~ pm@ fl w m b me cawad cny awna, ,n me c0ur.c~ cnambera f2M) Cmbad V,llage Onve, C&&d. cabfan% 0” June 1.M L* dX-3 P m I, yw chalengeme Negatw odamm specrrcm n B m, &,,.$A pmgram Amndmenl. ?.I’? O~Veh’~~ ma” r-44 mdl”r cc&a, kwsbpmellt Pemrt h own VW Ray M ,mm.! 10 ra6mg onv tose lSSws V” M %mwm e’= -_ _A- tinrere, ,. ,k c,,y of Cadsbad CQ Cled% Mhea.