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HomeMy WebLinkAbout2001-04-03; City Council; 16110; Plaza Camino Real Temporary Outdoor EventsCITY OF CARLSBAD - AGENDA BILL AB# h; j/Q TITLE: DEPT. HD. PLAZA CAMINO REAL TEMPORARY OUTDOOR EVENTS CITY ATTY. / PP 24(l) CITY MGR$& RECOMMENDED ACTION: That Council ADOPT Resolution No. &OOl-% - , APPROVING the Precise Plan Amendment for the Plaza Camino Real Temporary Outdoor Event request. ITEM EXPLANATION: On January 17, 2001, the Planning Commission conducted a public hearing and recommended approval with a 6-O vote (Nielsen absent) of the Precise Plan Amendment for the Plaza Camino Real Temporary Outdoor Events project. The amendment would allow the occasional use of the Plaza Camino Real parking lot for temporary promotional sales events, such as RV shows, boat shows and custom car shows. The events are proposed to take place in the southwestern corner of the parking lot, near the intersection of Marron Road and Monroe Street. This location has hosted events in the past without impacts to traffic circulation or parking, including City-sponsored special events (e.g. the Community Bicycle Rodeo) and seasonal sales events (i.e. Christmas trees lots and pumpkin patches). Given the experimental nature of the proposal, there are several restrictions proposed for the number, duration and processing of the events. At the Planning Commission meeting of January 2, 2001, staff proposed a relatively short duration for the events (four calendar days) however, based upon applicant input and Planning Commission recommendations, the maximum duration of the events was extended to ten days, with additional time for set-up and take down of the event. The project is also conditioned to undergo an annual review to allow for review of the impact of the proposed events and their duration. To assure the ability for public input regarding the events, the first annual review is to be presented to the Planning Commission under a public hearing format. A detailed list of the event restrictions is listed in Planning Commission Resolution No. 4876 and briefly summarized below: SUMMARY OF EVENT RESTRICTIONS FOR PP 24(l) I Event Aspect Restriction Type of events Promotional sales events that do not meet the definition of a Special Event or Seasonal Sales Event. Hours of events ( Same as mall operating hours. Number of events Duration of events Three per calendar year, plus one Halloween carnival per year. 10 days, with two days set-up and take down for the sales events; and 30 days, with five days set-up and take down for the Halloween carnival. The Plaza Camino Real Temporary Outdoor Events proposal is consistent with all applicable rules, regulations and policies. Other than discussions with the applicant and a statement of support from one citizen, there was no public testimony at the Planning Commission hearings. Staff and the Planning Commission recommend approval of PP 24(l), as conditioned. PAGE 2 OF AGENDA BILL NO. h ENVIRONMENTAL: The proposed temporary promotional sales events and Halloween carnival are short-term in nature and restricted to a maximum occurrence of three events per year (in addition to the Halloween carnival). The proposed events involve the minor temporary use of land having negligible or no permanent effects on the environment, which qualify as a minor alteration of land that is exempt from environmental review pursuant to Section 15304 of the State CEQA Guidelines. FISCAL IMPACT: The fiscal impacts to the City are negligible since all vendors are required to obtain a City Business License and Plaza Camino Real is responsible for maintaining the parking lot at no cost to the City. All public facilities necessary to serve the events are already in place. EXHIBITS: 1. City Council Resolution No. g!ool-g2 2. Location Map 3. Planning Commission Resolution No. 4876 4. Planning Commission Staff Reports, dated January 17,200l and January 3,200l 5. Excerpts of Planning Commission Minutes, dated January 17, 2001 and January 3, 2001. 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 RESOLUTION NO. 2601-62 --VOID-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AP AMENDMENT USE OF THE PLAZA CAMI PROMOTIONAL EVENTS, LOCATED AT THE NORTHEAST CORN AND MONROE STREET, IN L ZONE 1. CASE NAME: PLAZA CASE NO.: TEMPORARY WHEREAS, pursuant to the Commission did, on January as prescribed by law to consider , 2001, held a dul time received I Plan Amendment; and of the City of Carlsbad, on the day of public hearing to consider said matters and at that protest, comments of all persons interested in or t the above recitations are true and correct. That the City Council approves the Planning Commission 24(l) and that the findings and conditions of the Planning Commission ommission Resolution No. 4676, on file with the City Clerk and made a are the finding and conditions of the City. This action is final the date this resolution is adopted by the City Council. er 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, 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 not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for record of the deposit in an amount sufficient to cover the estimated cost of preparation of such record, 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delive attorney of record, if he has one. preparation of the record of the City Clerk, City of Carlsbad, 120 CA 92008.” PASSED AND ADOPTED at a r Carlsbad on the day of AYES: NOES: ABSENT: \ CLAUDE A. LEWIS, Mayor ATTEST: -\ (SEAL) -2- EXHIBIT 2 PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENT PP 24(l) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 4876 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PRECISE PLAN AMENDMENT PP 24(I) TO ALLOW THE OCCASIONAL USE OF A PORTION OF THE PLAZA CAMINO REAL PARKING LOT FOR TEMPORARY PROMOTIONAL SALES EVENTS ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF MONROE ROAD AND MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS CASE NO.: PP 24(I) WHEREAS, Westfield Corporation, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, “Owner”, described as Lot 27 of Carlsbad Tract No. 76-18, according to Map No. 8956, filed in the Office of County Recorder in the County of San Diego on August 11,1978, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, on August 2, 1977, the City Council approved, PP 24, as described and conditioned in Planning Commission Resolution No. 1386 and City Council Resolution No. 5166; and amended PP 24, from time to time, most recently for PP 24(F) on June 7, 1994 as described and conditioned in Planning Commission Resolution No. 3640 and City Council Resolution No. 94-153. WHEREAS, said verified application constitutes a request for a Precise Plan Amendment as shown on Exhibit “A” dated January 3, 2001, on file in the Carlsbad Planning Department, PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS - PP 24(I), as provided by Precise Plan PP 24; and 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did, on 6th day of December, 2000 hold a duly noticed public hearing as prescribed by law to consider said request which was subsequently continued to the 3rd day of January 2001 and the 17th day of January 2001, 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 Precise Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMMENDS APPROVAL of PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS - PP 24(I), based on the following findings and subject to the following conditions: FindinPs: 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that temporary promotional sales events offer commercial opportunities not normally available within the City; the site is designated for commercial uses and no adverse noise or public safety impacts will result from the events; and the project site is located so that no impacts to the existing circulation patterns will occur. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the 4.4 acre area proposed for the temporary promotional sales events is an underutilized area of the parking lot, not normally used for typical mall parking demands; no internal circulation routes necessary for the normal function of the parking lot will be included in the event area; and no expansion of the existing site is needed to accommodate the events. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the 4.4 acre site proposed for the temporary promotional sales events is situated away from the primary circulation and parking areas of the mall and requires no encroachment into the existing landscaped areas. PC RESO NO. 4876 -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 4. 5. 6. 7. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the site is accessed by Marron Road and Monroe Road, both Secondary Arterials with a maximum traffic capacity of 20,000 average daily trips (ADT). The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15304 - Minor Alteration of Land of the State CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 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 Precise Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project PC RESO NO. 4876 -3- 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Precise Plan Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 6. The Developer shall submit to Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan. 8. This Precise Plan Amendment shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. The results of the first annual review shall be presented to the Planning Commission under a public hearing format to allow for input and review of the impact of the proposed events and their duration. 9. This Precise Plan Amendment is granted for a period of five (5) years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 10. Prior to the approval of the first event, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of PC RESO NO. 4876 -4- 9 11. 12. 13. the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Precise Plan Amendment by Resolution No. 4876 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The temporary promotional events shall comply with the following restrictions: A. The number of events is limited to a total of three per calendar year and shall be limited to the following type of events: boat show, RV show, custom or antique car show, computer show and/or spa show. In addition to the three shows per year, a Halloween pumpkin patch that includes: small kiddie rides aimed at ages 10 years and under, a petting zoo, inflated bounce equipment, ring toss, and other carnival games would also be allowed once per year. B. The hours of the events shall be limited to the operating hours of the Plaza Camino Real mall; C. The three show events shall be limited to a maximum duration of ten (10) calendar days, with two (2) days for set-up and two (2) days for tear down; the Halloween pumpkin patch event shall be limited to a maximum duration of 30 calendar days, with live (5) days for set-up and live (5) day(s) for tear down; D. The events shall be limited to the southwestern portion of the parking area, as shown on Exhibit “A”, dated January 3,200l. E. At least 30 days prior to a scheduled event, the event coordinator shall submit a description of the event (including, but not limited to, duration, areal extent, proposed activities, proposed structures, proposed signage, proposed pedestrian and vehicular circulation patterns) to the Planning, Fire and Police Departments for review. These departments, and any other affected City departments, may request alterations to the event layout or operations based upon conformance to City codes and policies, including but not limited to fire protection/prevention and use of City law enforcement personnel at the event. All event sponsors shall apply for, and receive, a City of Carlsbad Business License prior to the final authorization of the event. PC RESO NO. 4876 -5- /o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminders: 14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 15. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4876 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of January 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HxZMItiR Planning Director PC RESO NO. 4876 -7- 12 ‘lhe City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSIONg’ Item No. 2 0 Application complete date: May 24, 2000 P.C. AGENDA OF: January 17,200l Project Planner: Michael Grim Project Engineer: Skip Hammann SUBJECT: PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL OUTDOOR EVENTS - Request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional events, on property generally located at the northeast comer of Marron Road and Monroe Street in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4876, RECOMMENDING APPROVAL of Precise Plan Amendment PP 24(I), based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On January 3,2001, the Planning Commission considered the proposed Precise Plan Amendment for the Plaza Camino Real Temporary Promotional Outdoor Events. The project was continued to January 17, 2001, in order to gather additional specificity as to the applicant’s request. On January 8, 2001, staff received a facsimile from the applicant containing the following information: Events requested: One Halloween carnival associated with a pumpkin patch operation, with small kiddie rides aimed at ages 10 and under, petting zoo, inflated bounce equipment, ring toss, and other carnival games. Duration not to exceed 30 days, plus 7 day set-up and 7 day take down. Events from the following list to be permitted, not to exceed three events per year. Duration of each event not to exceed 10 days, plus 2 day set-up and 2 day take down: RV show, Boat show, Car show (custom, antique), Computer show and Spa show. Staffs original recommendation, as contained in the attached staff report dated January 3, 2001, remains as staffs current recommendation. Should the Planning Commission desire to modify staffs recommendation to include the applicant’s proposal, then staff would additionally recommend that the first annual review required by Condition No. 8 of Planning Commission 4876 be presented to the Planning Commission under a public hearing format to allow for input and review of the impact of the proposed events and their duration. Should the review be PP 24(I) - PLAZA CAMINU REAL TEMPORARY PROMOTIONAL OUTDOOR EVENTS January 17,200l PAGE 2 considered favorable, then subsequent annual reviews would proceed administratively, as is normally the case. ATTACHMENTS: 1. Planning Commission Resolution No. 4876 2. Planning Commission Staff Report dated January 3,2001, with attachments. The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: May 24, 2000 P.C. AGENDA OF: January 3,200l Project Planner: Michael Grim Project Engineer: Skip Hammann SUBJECT: PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL OUTDOOR EVENTS - Request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional sales events, on property generally located at the northeast comer of Marron Road and Monroe Street in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4876, RECOMMENDING APPROVAL of Precise Plan Amendment PP 24(I), based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposal involves the occasional use of a portion of the Plaza Camino Real parking lot for temporary promotional sales events. The events would be located in the southwestern comer of the parking lot (near the intersection of Marron Road and Monroe Street). The applicant, Westfield Corporation, anticipates events to include custom car shows, recreational vehicle shows, computer shows, and similar events. Staff has no issues with the proposal as conditioned, however some of the proposed restrictions raise concerns with the applicant. The applicant has chosen to proceed with the approval process and present their concerns regarding the impacts of these restrictions to the Planning Commission and City Council. III. PROJECT DESCRIPTION AND BACKGROUND Westfield Corporation is requesting approval of a Precise Plan Amendment to allow the occasional use of a portion of the Plaza Camino Real parking lot for temporary promotional sales events. The Plaza Camino Real site is designated Regional Commercial (R) in the City’s General Plan and is zoned General Commercial (C-2). The mall property covers 85 acres and is bounded by El Camino Real to the east, Marron Road to the south, North County Plaza shopping center to the west, and Buena Vista Creek and Highway 78 to the north. There is a small portion of property covered by this Precise Plan on the south side of Man-on Road just west of El Camino Real (as shown on Exhibit “A”, dated January 3, 2001). The existing buildings, including those south of Marron Road, total 1,117,534 square feet in area and are served by a total of 6,378 parking spaces. Also on the mall property is a bus transfer station operated by North County Transit District (NCTD). PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS January 3,200l The area proposed for the temporary events, as shown on Exhibit “A”, dated January 3, 2001, covers approximately 4.4 acres in the southwestern portion of the mall parking lot (or approximately 523 parking spaces). This area of the 6,378-space parking lot has historically been underutilized and has hosted numerous seasonal sales events and special events in the past without incident. The proposed event area would be primarily accessed through the existing entrance at Matron Road and Monroe Street, however no restrictions to other mall access areas are proposed with this permit. Currently the Plaza Camino Real mall has more than ample parking and circulation to meet City requirements. There are 6,378 parking spaces, whereas only 4,981 spaces are required based upon the gross floor area of all uses within the mall property. Therefore there are 1,397 spaces within the parking lot to accommodate the event area and event parking while still providing the required amount of parking for the mall. There are six ingress and egress points for the mall. The closest ingress/egress to the proposed event area is a long, uninterrupted extension of Monroe Road that extends 550 feet north of Marron Road before encountering a parking lot access aisle. Therefore the location of the event area does not interfere with adequate ingress and egress to the mall property. The design features described above explain why previous events in the mall parking area have not created impacts to parking or circulation. The events proposed through this Precise Plan Amendment are different than other outdoor events allowed in the City, such as Special Events or Seasonal Sales Facilities. If an event qualifies as a Special Event, then it undergoes the Special Event Permit process administered by the Carlsbad Police Department. The Police Department, in concert with the multi-departmental Special Events Committee, reviews the proposal for consistency with the regulations of the Special Event Permit Ordinance. Special Events are narrowly defined by Section 8.17.010 of the Carlsbad Municipal Code. Some of the defining criteria are listed below: l A Special Event must result in or require modifications to traffic flow patterns and/or traffic parking regulations; OR have an expected attendance of more than 1,000 people. The first criterion essentially means that some form of traffic control on public or private streets, such as traffic cones or traffic control officers, and/or some restriction of street parking would be needed to ensure the safe and orderly movement of other traffic contiguous to the event; l A Special Event does not include activities at parks or recreation facilities, libraries or other centers for which a specific permit process exists. This would include City Parks and Recreation Department events as well as events covered under a Conditional Use Permit or other discretionary permit; l A Special Event is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for profit. The events proposed through the Precise Plan Amendment do not meet the criteria of a Special Event listed above. The expected attendance of the events is less than 1,000 people per day and, given the uninterrupted egress to the site and ample parking areas, no modifications to the public traffic flow patterns or traffic parking regulations would be needed. The proposed amendment to the Precise Plan would allow the proposed events, provided they follow the administrative PP 24(I) - PLAZA CAMlNO REAL TEMPORARY PROMOTIONAL SALES EVENTS January 3,200l PaPe 3 procedure established by the Precise Plan Amendment, therefore a specific permit process would exist for these temporary events. Also, the proposed temporary events would be held for the sole purpose of advertising and sales of items for profit, which is precluded for Special Events by the ordinance. The proposed Plaza Camino Real Temporary Promotional Sales Events also differ from events designated as Seasonal Sales Facilities. According to Community Development Policy No. 3, dated December 9, 1987, the purpose of the Seasonal Sales Facility provision is to control operation of temporary seasonal sales locations, such as Holiday tree lots and pumpkin patches. Due to the short term and focused nature of the events, an administrative process was derived to review the seasonal events to ensure their legal and safe operation. The events proposed through this Precise Plan Amendment are not limited to particular seasons and are not focused on holiday seasonal sales items, such as trees or pumpkins, therefore they do not qualify as Seasonal Sales Facilities. In addition to proposing events not definable as Special Events or Temporary Sales Locations, the uses proposed through the Precise Plan Amendment are uses not normally allowed in commercial zones. Section 21.28.020 of the Zoning Ordinance states that all uses in the General Commercial (C-2) Zone shall be conducted wholly within a building except for those uses such as gasoline stations and nurseries that are normally conducted in the open. This provision precludes the types of outdoor promotional sales events proposed with this permit request. Therefore, the applicant has requested a Precise Plan Amendment to enable such events to occur with certain restrictions, but in conformance with Precise Plan 24. The Plaza Camino Real Temporary Promotional Sales Events permit would contain regulations on the number of events, duration of each event, and the review of safety service provision needs. The proposed permit restrictions and processing requirements, contained in Table 1 below, are not as originally proposed by the applicant. The applicant has expressed concerns about some of these restrictions, therefore the table below lists both the applicant’s original proposals and the recommendations of staff. The proposed regulations contained in Table 1 are reiterated as conditions of approval in Planning Commission Resolution No. 4876. TABLE 1 - PROPOSED RESTRICTIONS FOR TEMPORARY EVENTS Event Aspect Type of events Applicant Proposal Staff Recommendation Temporary Promotional Sales Events (e.g. custom car shows, computer shows, RV shows). Allowed through Precise Plan Amendment subject to conditions of approval. Carnivals (associated with pumpkin patches, etc.) Carnivals may require a Special Events Permit; pumpkin patches require a Seasonal Sales Facilities Permit. No changes to these processes recommended. Hours of event I Same as mall hours. Duration of events 30 days maximum. Same as mall hours. 4 days maximum. PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS January 3,200l Page 4 Location of events Two proposed; northeastern area Northeast location is too of parking lot near El Camino congested. Recommend only the Real and southwest comer of southwesterly location be used parking lot. for commercial events. Maximum number of events None proposed. Limit to three events per year, excluding Special Events and seasonal sales events. Required notification None proposed. Notification to City no less than 30 days prior to event, multiple departmental approval required (Planning, Fire, Police) Expiration of Precise Plan Amendment None proposed. Expiration in five years unless extended by the City Council, similar to other experimental or conditional uses. As detailed in the table above, there are other events that may occur within the Plaza Camino Real parking lot that are regulated by different ordinances and/or policies. The mall’s parking area has been, and may continue to be, used for seasonal sales events such as pumpkin patches and Holiday tree sales. As discussed above, these events are currently permitted through the City’s existing Seasonal Sales Facilities process. Should the mall desire to host a special event, such as a carnival or athletic competition, the event would require the processing of a Special Events Permit through the City’s Special Events Committee. While there is no codified limit to the duration of a Special Event, they are usually limited to two to four days in length due to the type of event (triathalon, marathon, Oktoberfest, etc.). A recent example of a Special Event that was held in the same area proposed for the promotional events was the City’s Community Bicycle Rodeo. On May 20, 2000, the City of Carlsbad Police Department hosted a bicycle safety event with safety testing and materials, an obstacle course, DWV registration, and displays from local bike shops. The event proceeded without incident and, due to its success, may be repeated in the future. It is important to note that all of the events described above are regulated either by Seasonal Sales Facilities Permits or Special Events Permits; these events are different from the promotional sales events proposed through this Precise Plan Amendment. Due to the uniqueness of this permit request, staff has developed the above restrictions on an experimental basis. The proposed temporary promotional sales events are similar to Conditional Uses in that they possess characteristics of such unique and special form as to make them impractical to automatically include them as a permitted use in any zone. Therefore, this Precise Plan Amendment has been conditioned to undergo yearly reviews and will expire in five years, unless extended within a timely manner. The Plaza Camino Real Temporary Promotional Sales Events proposal is subject to the following regulations: A. B. General Plan; Plaza Camino Real Precise Plan (PP 24); PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS January 3,200l Page 5 C. C-2 - General Commercial Zone (Chapter 21.28 of the Zoning Ordinance); D. Growth Management Ordinance (Chapter 2 1.90 of the Zoning Ordinance); E. Zone 1 Local Facilities Management Plan. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discussed compliance with each of these regulations/policies utilizing both text and tables. A. General Plan The Plaza Camino Real Temporary Promotional Sales Events proposal is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the occasional promotional sales event use request are the Land Use, Circulation, Noise and Public Safety elements. Table 2 below indicates how the project complies with these particular elements of the General Plan. TABLE 2 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Proposed Use and Objective or Program Improvements Compliance Land Use The site is designated for Regional The proposed temporary events Commercial uses. are commercial uses and are consistent with the Regional Yes Commercial designation. Comprehensively design all commercial centers to address Area proposed for events will not common ingress, egress, adequate impact ingress, egress, or internal off-street parking and loading parking lot circulation; and the Yes facilities. Each center should be temporary use of 523 parking easily accessible by pedestrians, spaces does not adversely affect bicyclists, and automobiles to the provision of parking for uses nearby residential development. within the mall. Circulation The provision of safe, adequate The proposed temporary and attractively landscaped promotional events would take parking facilities. place in an underutilized portion Yes of the parking lot and would not interfere with parking lot circulation. Noise Industrial and commercial land uses which do not produce significantly adverse noise impacts. The proposed temporary events will likely not produce more noise than normal use of the parking lot and all events are restricted to the same operating hours as the mall. Yes /9 PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS January 3,200l Page 6 TABLE 2 - GENERAL PLAN COMPLIANCE 1 Element Public Safety Use Classification, Goal, Objective or Program To reduce tire hazards to an acceptable level of risk. Proposed Use and Improvements All proposed temporary events would require review and approval from the Fire Department for the proposed structures and tire protection and prevention provisions. Compliance Yes Given the above, the Plaza Camino Real Temporary Promotional Sales Events proposal is consistent with the applicable programs and policies of the General Plan. B. Plaza Camino Real Precise Plan (PP 24) Initially constructed in 1968 and 1969, the Plaza Camino Real mall has a relatively complex permit history. The original mall and related parking covered approximately 55 acres and included a 148,000 square foot May Company, a 158,000 square foot J.C. Penny’s, and 276,501 square feet of mall stores. The area used for parking is actually owned by the City and was leased to Plaza Camino Real pursuant to a Lease Agreement, dated August 21, 1969. In 1975, the City and Plaza Camino Real, L.P. entered into an agreement regarding the future expansion of the mall as well as another parking agreement regarding the financing, construction and maintenance of the mall parking lot. In 1977, the City Council approved Precise Plan 24, allowing an expansion of the mall with a 149,000 square foot Sears, a 108,000 Bullocks, and 146,580 square feet of other mall stores. Also included with the mall expansion were amendments to the previous operating and parking lot agreements. Prior to the complete construction of the expansion, three additional Precise Plan Amendments were processed and approved. In 1978, Precise Plan Amendments PP 24(A) and PP 24(B) were approved by the City Council. These amendments allowed the further expansion of the mall to include a 152,000 square foot Broadway. In 1980, PP 24(C) was approved by the City Council, reducing the size of the Bullock’s department store to 115,000 square feet, a relocation of the NCTD bus transfer station from the north side of the mall to the south side, and minor modifications to the peripheral parking lot circulation. In 1983, another Precise Plan Amendment was approved in conjunction with a Specific Plan (PP 24(D)/SP 187), which allowed the removal of 17.6 acres of the westernmost portion of the Plaza Camino Real site in preparation of the development of the North County Plaza shopping center. The next two amendments to the Plaza Camino Real Precise Plan took place in 1991 (PP 24(E)) and 1993 (PP 24(F)); these amendments involved the redesign and expansion of the North County Transit District (NCTD) bus transfer station. The first bus transfer station redesign approval (PP 24(E)) expired prior to NCTD constructing the new bus station therefore a subsequent Precise Plan Amendment was required. The proposed redesign was never realized and NCTD has recently applied for another Precise Plan Amendment to relocate the transfer station to another portion of the mall parking lot. In the late 1990’s, Plaza Camino Real proposed a significant mall expansion to include a multi-screen movie theater, restaurants and PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS January 3,200l Pane 7 additional mall stores. After only partial processing, both Precise Plan Amendments (PP 24(G) and PP 24(H)) were withdrawn by the applicant for private business reasons. The current Precise Plan Amendment (PP 24(I)) would allow the occasional use of approximately 4.4 acres of the mall parking area for temporary promotional sales events, such as custom car shows, computer shows and recreational vehicle shows. The existing mall parking lot, with its 6,378 parking spaces, has more than sufficient parking to accommodate the existing uses. As stated previously, the proposed area for the promotional events is rarely used for parking, even during high use periods such as the day after Thanksgiving and the remaining holiday season. The proposed occasional use of approximately 523 parking spaces for promotional events will not produce any adverse parking or circulation impacts. The proposed events are commercial in nature, which is consistent with the existing commercial uses of the mall. No landscaping or other features necessitate removal or relocation due to the proposed temporary events. Given the occasional and short-term nature of the events, the Plaza Camino Real Temporary Promotional Sales Events proposal is consistent with the Precise Plan 24 for Plaza Camino Real. C. C-2 - General Commercial Zone (Chapter 21.28 Of the Zoning Ordinance) The Plaza Camino Real is zoned General Commercial (C-2) and is therefore subject to the provisions of Chapter 21.28 of the City’s Zoning Ordinance. Since the proposed events are temporary in nature and require no building permits, the development standards of the C-2 zone are not readily applicable. Standards such as building height, front yard setbacks and the general placement of buildings do not apply to the proposed occasional temporary events. Services catering directly to the consumer are an allowed use in the C-2 zone. Section 21.28.020 of the Zoning Ordinance does require all commercial uses to be conducted wholly within a building, except for those uses commonly conducted in the open, such a gasoline stations and nurseries. By amending the applicable discretionary permit (Precise Plan 24), the applicant would be able to have temporary outdoor sales events within the mall parking area. Therefore, the Plaza Camino Real Temporary Promotional Sales Events proposal is consistent with the General Commercial (C-2) zone. D. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance); The Plaza Camino Real Temporary Promotional Sales Events proposal could generate short- term, occasional impacts on facilities such as circulation, public services, and public facilities. The impacts incurred from these events are not unlike those regulated through the Special Events Permit process. Despite the short-term nature of these non-residential uses, they are not specifically exempted from the Growth Management Ordinance (as listed in Section 21.90.030) therefore a Growth Management impact analysis is included in Table 3 below. I TABLE 3 - GROWTH MANAGEMENT COMPLIANCE I Standard City Administration Impacts/Standards Compliance N/A Yes 1 Library 1 N/A Yes I Waste Water Treatment I OEDU Yes PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS January 3,200l Pane 8 TABLE 3 - GROWTH MANAGEMENT COMPLIANCE Standard I Impacts/Standards I Compliance I Drainage ( PLDAA IOADT Circulation Fire Station #3 lop en Space ( N/A 1 Carlsbad Unified Given the above, the Plaza Camino Real Temporary Promotional Sales Events proposal is consistent with the Growth Management Ordinance. E. Zone 1 Local Facilities Management Plan. Plaza Camino Real lies within Zone 1 and is therefore subject to the performance standards and conditions of the Zone 1 Local Facilities Management Plan (LFMP). There are no special conditions in the zone plan that would apply to the proposed occasional temporary events. No building permits would be required for the events, therefore no Public Facilities Fee would be collected. The area proposed for the events is already paved, lighted, and has multiple points of access. No water or sewer needs would arise from the temporary events, therefore all facilities necessary to serve the proposed use are already in place. Therefore, the Plaza Camino Real Temporary Promotional Sales Events project is consistent with the Zone 1 Local Facilities Management Plan. V. ENVIRONMENTAL REVIEW The proposed temporary promotional sales events are short-term in nature and restricted to a maximum occurrence of three events per year. The proposed events involve the minor temporary use of land having negligible or no permanent effects on the environment, which qualify as a minor alteration of land that is exempt, from environmental review pursuant to Section 15304 of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project determination. ATTACHMENTS: 1. Planning Commission Resolution No. 4876 2. Location Map 3. Disclosure Statement 4. Local Facilities Impact Assessment Form 5. Background Data Sheet 6. Exhibit “A”, dated January 3,200l. MG:cs:mh City of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the hart of the Citv Council or anv aDDOinted Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, fum, 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 property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corDoration or DartnerShiD, 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 corDoration, include the names, titles, and addresses of the corporate .ofticers. (A separate page may be attached if necessary.) Person Emment Durnan Carp/part Plaza Camino Real Title General Manager Title Address Address2525 El Camino Real #100 Carlsbad, CA 9200)8 2. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corooration or DaItnerShiD, 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 officers. (A separate page may be attached if necessary.) Person Carp/Part Plaza Camino Real, a $z$nersh, Title Address Title Address 11601 Wilshire Blvd., 12th Fl LOS fingeles, LH 93 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559 @ 3. NON-PROFIT C- -.&NIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonmofit organizatlon or a trust. hst the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non 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 Cl x No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best my knowledge. SEE ATTACHED April 14, Signature of owner/date 2ooo ti Plaza Camino Real Print or type name of owner Emmeft Durnan Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Westfield Shoppingtown PLAZA CAMINO REAL , a California limited partnership Plaza Camino Real Missouri corporation. its general Its: Executive Vice President 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: Plaza Camino Real Temporary Promotional Sales Events LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: Regional Commercial ZONING: C-2 - General Commercial DEVELOPER’S NAME: Westfield Corporation ADDRESS: 2525 El Camino Real, Suite 100, Carlsbad CA 92008 PHONE NO.: 760-729-7927 ASSESSOR’S PARCEL NO.: 156-301-l 1 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 4.4 acres ESTIMATED COMPLETION DATE: N/A A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage = N/A Library: Demand in Square Footage = N/A Wastewater Treatment Capacity (Calculate with J. Sewer) 0 EDU Park: Demand in Acreage = N/A Drainage: Demand in CFS = N/A Identify Drainage Basin = PLDA A (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = OADT Station #3 Open Space: Acreage Provided = Schools: (Demands to be determined by staff) (None) Sewer: Demands in EDU Water: Demand in GPD = N/A Carlsbad Unified 0 EDU 0 GPD BACKGROUND DATA SHEET CASE NO: PP 24(I) CASE NAME: Plaza Camino Real Temporary Promotional Sales Events APPLICANT: Westfield Corn. REQUEST AND LOCATION: Request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor nromotional sales events, on property generally located at the northeast comer of Marron Road and Monroe Street. LEGAL DESCRIPTION: Lot 27 of Carlsbad Tract No. 76-18, according to Map No. 8956, filed in the Office of County Recorder in the Countv of San Dieno on August 11, 1978, in the City of Carlsbad, County of San Diego, State of California. APN: 156-301-l 1 Acres: 85 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: Regional Commercial (R) Density Allowed: N/A Density Proposed: N/A Existing Zone: C-2 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Site Zoning c-2 General Plan Current Land Use R Shopping center North Oceanside Oceanside Hiahwav 78 South O-S East C-l West C-2-Q OS C R Hosp Grove Shopping center Shopping center PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 0 EDU ENVIRONMENTAL IMPACT ASSESSMENT III Negative Declaration, issued 0 Certified Environmental Impact Report, dated w Other, Notice of Exemption pursuant to Section 15304 of the State CEOA Guidelines 27 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION ‘@ Item No. 0 10 Application complete date: May 24, 2000 P.C. AGENDA OF: December 6,200O Project Planner: Michael Grim Project Engineer: Skip Hammann SUBJECT: PP 24(I) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL OUTDOOR EVENTS - Request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional sales events, on property generally located at the northeast comer of Marron Road and Monroe Street in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission CONTINUE this matter to the meeting of January 3,200l. II. BACKGROUND Staff is requesting that this item be continued to the meeting of January 3, 2001 in order to resolve certain issues. PLANNING COMMISSION January 17,200l Page $XHIBIT 5 2. PP 24(l) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL OUTDOOR EVENTS - Request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional sales events, on property generally located at the northeast corner of Marron Road and Monroe Street in Local Facilities Management Zone 1. Chairperson Segall opened the Public Hearing. Chairperson Segall advised the applicant that there were only six Commissioners present and asked of the applicant wished to proceed with the hearing or wished to have the item continued to the next meeting, when it is likely that all seven Commissioners will be present. Representing the applicant, Westfield Shopping Towne - Plaza Camino Real, Mr. Emmett Durnon stated that the applicant wished to proceed with the hearing at this time. Project Planner, Michael Grim presented the staff report as follows: This is a continuation of an item previously heard on January 3, 2001. It is a request to amend the Precise Plan for Plaza Camino Real to allow occasional temporary promotional outdoor events. Those types of events are typically not allowed in the C-2 zone but there is ample room in the parking lot at the Plaza Camino Real to allow these events without any traffic or circulation issues. Much of the discussion, last week, centered around the types of events that were going to be occurring and how long the duration of those events would be. Staff made a recommendation that is still contained within Planning Commission Resolution No. 4876, and Staff is maintaining that recommendation. However, Staff has prepared a memorandum (dated January 17,200l) that summarizes some of the points the applicant has made and allows and directs the Planning Commission to possible amendments to the resolution based on their input from the previous meeting. Commissioner Compas, referring to the memorandum, stated that Staff had left some spaces open for the Commission to fill in, regarding the number of events and the duration. He asked Mr. Grim for Staffs recommendation. Mr. Grim replied that the table in the Staff Report, reflects Staffs recommendations which are the same as was presented earlier this month. He added that while Staff has not changed its recommendations, they also recognize that the Commission would like to have a little more latitude to fill in the numbers. Commissioner Heineman asked if the Pumpkin Patch event will also be held to three days. Mr. Grim replied that, as requested by the applicant, there would be three events, each with a ten day duration plus two days to set up and two days to take down. The fourth event is the Halloween Pumpkin Patch/Kiddie Carnival and all the ancillary attractions and uses which would be allowed a thirty day duration. Mr. Grim pointed out that if the Pumpkin Patch did not have any of the ancillary attractions, it would (by itself) qualify as a Seasonal Sales Event and would not have to go through this process. Commissioner Heineman asked if the ancillary events have been included with the Pumpkin Patch in the past. Mr. Grim replied that they were the source of the beginning to this process and that the applicant was not aware that seasonal sales events are not allowed to have the ancillary uses. When Staff realized that they were there, the applicant was contacted and told that they either needed to have a CUP or they had to apply for an amendment to the Precise Plan for Plaza Camino Real. Commissioner Heineman asked if the last Pumpkin Patch actually had all those ancillary attractions. Mr. Grim replied that they did have them, but, that the last one was two seasons ago. Commissioner L’Heureux asked if the applicant would be amenable to having the Pumpkin Patch without the ancillary attractions. PLANNING COMMISSION January 17,200l Page 12 Mr. Grim deferred to the applicant. Referring to the Annual Review, Commissioner Baker asked what kind of things would concern the Commission so they would be inclined to not allow that particular activity again. Mr. Grim replied that if the annual review was less than positive, the staff might notice is any indication or the operators are not conforming to the restrictions of the Precise Plan. Part of the annual review would obviously be to ferret out who is responsible and identify the responsibility and how severe the violations are and if necessary, have Code Enforcement remove the product because it continued to stay on the lot past its allotted time. We would be looking for an over abundance of signage, balloons, and other attention- getting devices that Staff had previously told the applicant or the sponsor of the event that they couldn’t have, or any other non-compliance with the rules. Commissioner Baker asked if citizen complaints would be enough to warrant closure of an event. Mr. Grim replied that citizen complaints would be taken into consideration and the reason for putting this item into a Public Hearing format, in the first place, is to get input from citizens which would indicate overwhelming positive and negative support of these events Commissioner Baker asked if there are already rules governing what types of attention-getting devices will be allowed and will the operators of these events be given a list of the rules before they get their permits. Mr. Grim replied that there is no set list of rules and that each event will be examined and the operator asked about what kind of attention devices they want to use. Also, he stated, the applicant has previously stated that he doesn’t want rowdy events and that he wants to hold this to quality events. Mr. Grim added that it would certainly be in the best interests of the applicant if he does just that. Commissioner Baker stated that she does not want Staff, or the applicant, put in a position of having to deal with something, other than set standards, that leave everyone wondering what is allowed and what is not. Mr. Grim stated that the first few events will be experimental and that he anticipates that if this is successful, then they should be able to arrive at happy mediums for what is acceptable. Mr. Wayne added that the most important reason for this recommendation is that this is not a CUP, although it is structured somewhat like a CUP, and it allows the City to align the visions of the applicant, Staff and the City, as to what is expected from the operators and also the duration of the event. He added that because this is experimental, Staff is being especially cautious by adding the new condition. Commissioner Trigas asked if there are any other malls (in or out of Carlsbad) that have held similar events to the ones that are proposed for Plaza Camino Real, and if so, are the rules, limitations, etc., the same as what is proposed here. Mr. Grim replied that the only examples he could find, within Carlsbad, is the Halloween Carnival that was held in the Fall of 1999. There was also an R.V. show that was conducted at the Costco Warehouse without authorization. He went on to say that the only way Staff knew that they were there was because of the “hot- air” type balloons. Those are the types of attention devices that would be discouraged. He added that the City has had no experience that would show that these events would have a positive impact and therefore the City has chosen to be more conservative. As for events outside Carlsbad, Mr. Grim stated that he has found that land use controls in other cities are not as stringent and it seems that the events he has witnessed have gone far above and beyond anything Carlsbad would envision as a tasteful event. Those events were good negative examples as far as trying to identify the good and the bad of the event. Commissioner Trigas asked if North County Fair, or University Town Center, ever do events like this. Mr. Grim replied that he is unaware of any. PLANNING COMMISSION January 17,2001 Page 13 Commissioner Trigas asked what malls do events that are either tasteful or untasteful. Mr. Grim replied that he has not seen any mall do any events of this order, in the surrounding neighborhoods. The other experiences he has had have been seasonal sales such as pumpkin patches and Christmas Tree lots in neighboring communities on, presumably, private property. Commissioner Compas, regarding the memorandum, and with reference to the first line of Condition No. 8 of Resolution No. 4876, asked if it is possible to change the wording to read; . . . shall be reviewed by the Planning Director on a minimum yearly basis . . . just in case there is an event that becomes a problem in less than a year. Mr. Grim replied that the annual review required by this permit is a very formal process whereby Staff actually has a form to follow. In addition, Mr. Grim assured the Commissioner that Staff is going to be very interested in these events and will be going to the site several times throughout the year and if any gross violations are spotted, they will be dealt with right away. Commissioner Compas stated that it is possible that the Commission might decide that some of the events should have a longer duration than that recommended by Staff, and asked if it would be possible to eventually give the applicant the time limits he is looking for. Mr. Grim replied that it is absolutely possible and after the first annual review, if there is overwhelming support from Staff, the Commission, and the public, then the applicant will be able to come back in with an amendment to this Precise Plan that could increase the duration, the time of events, the number of events, etc. Commissioner L’Heureux asked what advantage there is to the City for having these events. Mr. Grim replied that what they are looking for are events or commercial opportunities that don’t exist elsewhere in the City. These events could also be providing education and educational opportunities. In addition, each event operator will be required to acquire a city business license thus creating more tax revenue for the city. Commissioner Heineman asked if Staff is still recommending the minor events (everything aside from the Halloween Carnival) for a duration of three days and, if so, how much time will be allowed for set-up and take-down. Mr. Grim replied that the way the condition was originally written did not contain the Halloween event and the duration of the events is for four days, including set-up and take-down. He added that the thought was that the operator would have one day for set-up, be in operation for the two day weekend, and have one day for take-down leaving the parking lot clear by Tuesday. Chairperson Segall asked if it would be appropriate to add to the conditions, a paragraph stating that the Commission is to be notified of a pending event so the Commissioners will have an opportunity to see how the event is being handled. Mr. Grim replied that something to that effect can be added if the Commission so directs. Emmett Durnon, 4900 Neblina Drive, Carlsbad, General Manager of Westfield Shopping Towne Plaza Camino Real, the applicant, responded to some of the questions that have been raised as follows: Regarding Signage, balloons, etc., he also has a concern with the quality of the events. As a resident of Carlsbad, he is concerned about doing things well and with quality so that they can reflect positively on the city as well as on the shopping center. He does not see an issue between the shopping center and the Planning Department staff in terms of what is appropriate and what is not. Regarding the comment that there has not been much experience with these types of events -The shopping center has had experience with R.V. shows, for many years prior to 1998. During most of the 1990% at least one or two R.V. shows were held with one or two week durations. It wasn’t until 1998 that the issue of special events came up, and 31 PLANNING COMMISSION January 17,200l Page 14 that was precipitated by the aforementioned R.V., event at the Costco Warehouse and the objects used as attention-getters. The balloons and signage, such as the ones used at Costco, are not wanted for the Plaza Camino Real events. Even though they were not official and no one took a specific look at, we have had events, in the same place as is now being recommended, and have quite a bit of experience. Those events took place without comment and without any negative situations arising. Regarding Commissioner Trigas’ question about whether other malls have held these types of events; Yes, they have been held at Parkway Plaza in El Cajon and at Mission Valley Center. Although it was canceled (by the operator) University Town Center had intended to present a Ringling Brother’s production called “Kaleidoscape” which was a tent event in the parking lot. As for North County Fair, it is uncertain if they have held any special events. With regard to over-sight, Mr. Grim is probably right in his statement that Carlsbad tends to exercise more over-sight than any other city in the county. In response to Commissioner Compas’ question regarding the duration of these shows, time frames for these events have been suggested and requested (excluding the Halloween events), based on the fact that the operators of the events really need two weekends with an intervening week, which adds up to a ten day duration. To do anything less than ten days, is not much more valuable than an event of four days duration and the shopping center is asking for events of ten days duration., which is not excessive and it gives a true opportunity to see what can be done, how it performs, and it doesn’t materially change the impact from four days. Since it is on a section of the parking lot that is well traveled and the only on-site advertising will be on the marquis fronting El Camino Real, an event of ten days duration will allow more time for word-of-mouth advertising. Mr. Durnon stated that he is in agreement with the memorandum presented at this meeting except for the annual public hearing. He stated that he does not think a public hearing would be necessary because if a member of the public or any city official found or suspected any negative impacts, they would not wait for an entire year before bringing the item before either the Planning Commission or the City Council. Therefore, he would like to see that portion of Condition No. 8 revised or eliminated. Regarding Condition No. 13-C, he asked the Commission to recommend three show events of ten days duration, with two days for set-up and two days for take-down and the Halloween Pumpkin Patch with a duration of thirty days, with seven day for set-up and seven days for take-down (it is possible that the operator of this event could do the set-up in five days and the take-down in five days). Mr. Durnon asked the Commission to take into consideration the fact that there have been events held at the shopping center, in years passed, and that they have had considerable experience with no negative results. Commissioner Trigas asked Mr. Durnon to explain why it would take five to seven days, on either end of the event, for set-up and take-down for the Halloween event. Mr. Durnon replied that there are many details involved with putting an event together and taking it down. This is not a large operator who has many people with specific duties at his disposal. This is a small business with few people. They not only have to set-up the equipment, they also have to test the rides and equipment for safety, they have to run the electrical wiring, put up fencing, bringing in merchandise, and a number of other details. Commissioner Trigas asked Mr. Durnon if the Halloween event, two years ago, was there for thirty days. Mr. Durnon replied affirmatively. He added that the event was open during the entire month of October and that the operator started setting up on the fifteenth of September. Regarding the Pumpkin Patch and Kiddie rides, Commissioner Trigas asked if the operator owns all of his equipment or does he bring in equipment rented or lease from another organization. Mr. Durnon replied that the operator of that event owns all of his own equipment and do not sublet any part of the event. However, in the case of a petting zoo, the operator probably does bring in an outside operator, such as a person or group that runs petting zoos. PLANNING COMMISSION January 17,200l Page 15 Referring to the other events of shorter duration, such as a boat show or R.V. show, Commissioner Trigas asked what is involved that they need two days on either end of the show. Mr. Durnon replied that vehicles and boats have to be brought in and taken out, individually, which takes quite a bit of time. For example: If they start bringing in merchandise and equipment on a Wednesday, they would be ready for the show to open on Friday. Commissioner Baker asked how security is provided for these shows and stated her concern for possibly providing an attractive nuisance. Mr. Durnon replied that they have a fenced in area and they provide their own twenty-four hour security, which is one of the requirements of the shopping center. Also, the shopping center has their own twenty- four hour security and they provide one of their radios to the event security people, so that they can always get in touch with the regular security force. Commissioner Baker referred to Commissioner L’Heureux’s question regarding Point of Sale and Sales Tax, and asked Mr. Durnon if he could comment on that. Mr. Durnon replied that he cannot comment on that except to say that it is a city issue and that he cannot tell the city how to handle those issues and that he is not really familiar with how the Point of Sale would work in these circumstances. Chairperson Segall asked Mr. Durnon to explain the purpose of these shows; is it for Point of Sale, to educate the public, is it to get people to come to the mall, etc? Mr. Durnon replied that the shows are income generators for the shopping center, they are attractions to bring people to the shopping center and, they ordinarily provide something that is not readily available within the city. He pointed out that a good portion of the $2,000,000 tax revenue generated by the shopping center comes from people who live outside the City of Carlsbad. The shows are also intended to simply add variety. Chairperson Segall asked if there are educational opportunities envisioned, such as boating safety, etc. Mr. Durnon replied that boating safety would definitely be tied into a boat show. Any time there is a boat or R.V. show, the opportunity is there for educating the public in the safe use and handling of the merchandise. Regarding the Halloween event, that is purely a family fun event. The antique and custom car shows are community involvement events. Spa shows, on the other hand, are solely commercial. Commissioner Compas asked Mr. Grim what will happen if the Commission grants the applicant the shows and the time allowances Mr. Durnon has requested and the first event he brings in turns out to be a problem. Mr. Grim replied that since there is an approval process, prior to each event, Staff can identify the problems of the previous event(s), make them constraints of the permit, and if they do not abide by the terms of the permit, then the City has the ability to tell them they can no longer conduct these events. He added that he is certain that the general manager of the shopping center will follow all the rules, regulations, and conditions and make sure the operator does the same. Chairperson Segall opened Public Testimony. Mike Howes, 3177 Seaberry Street, Carlsbad, stated his full support of Staffs recommendation for the thirty- day Halloween Event. As for the rest of the events, Mr. Howes stated that he has never stopped at an R.V. show or a boat show, but he has seen them in operation and they certainly didn’t appear to be causing any problems at all. Seeing no one else wishing to testify, Chairperson Segall closed Public Testimony. 33 PLANNING COMMISSION January 17,200l Page 16 DISCUSSION: Commissioner Heineman stated that it might be appropriate to fill in the blanks in Condition No. 13-C and suggested that the three show events shall be limited to a maximum duration of ten calendar days, with two days for set-up and two days for take-down. As to the Halloween Pumpkin Patch event, it should be limited to a maximum duration of thirty calendar days, with five days for set-up and five days for take-down. Commissioner Compas stated his support for Commissioner Heineman’s suggestion. Commissioner L’Heureux also stated support for Commissioner Heineman’s suggestion. Commissioner Baker stated that Commissioner Heineman’s proposal is a good place to start. Commissioner Trigas stated that she feels comfortable with the staff recommendations and provisions and supports Commissioner Heineman’s proposal as well. Chairperson Segall stated that he wishes to add that the Commission is formally notified before each of the events so they have an opportunity to examine the operation and not have to read about it in the paper. Commissioner Compas stated that he does not feel that such notification is necessary. MOTION: ACTION: Motion by Commissioner Trigas, and duly seconded, to adopt Planning Commission Resolution No. 4876, recommending approval of Precise Plan Amendment PP 24(l), based upon the findings and subject to the conditions contained therein, with the addition of the revised conditions No. 8 and No. 13 of Planning Commission Resolution No. 4876 as indicated by the italicized text. Also to be included are the numbers filling in the blank spaces of Condition No. 13-C indicating that the three show events shall be limited to a maximum duration of ten (10) calendar days, with two (2) days for set-up and two (2) days for tear down; the Halloween Pumpkin Patch event shall be limited to a maximum duration of thirty (30) calendar days, with five (5) days for set-up and five (5) days for tear down. Also, the Commission is to be formally notified before each event. ACTION: None. There was no second to the Motion. Mr. Grim asked if the Commission wishes to make the notification a part of the conditions or do they wish to make it part of the review process, and be notified in the same manner as other departments are notified. Commissioner Trigas amended her motion to remove the issue of notification as part of the conditions and added the Commission’s direction to Staff to notify the Commission in the same manner as other departments are notified. ACTION: None. There was no second to the Motion. Commissioner Heineman expressed his wish to amend Commissioner Trigas’ motion, stating that he feels that notification to the Commission before each event would exceeding the duties of the Commission, in inspecting the events, on-site. ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Planning Commission Resolution No. 4876, recommending approval of Precise Plan Amendment PP 24(l), based upon the findings and subject to the conditions contained therein, with the addition of the revised conditions No. 8 and No. 13 of Planning Commission Resolution No. 4876 as indicated by the italicized text. Also to be included are the PLANNING COMMISSION January 17,200l Page 17 numbers filling in the blank spaces of Condition No. 13-C indicating that the three show events shall be limited to a maximum duration of ten (10) calendar days, with two (2) days for set-up and two (2) days for tear down; the Halloween Pumpkin Patch event shall be limited to a maximum duration of thirty (30) calendar days, with five (5) days for set-up and five (5) days for tear down. Commissioner L’Heureux stated her agreement with Commissioner Heineman’s amended motion and stated that notification and inspection of an event is really not within the Commission’s purview. Commissioner Baker asked if they would have any official capacity even if they were notified. Mr. Grim responded by stating that the Commission would not have any official capacity. He added that if any individual Commissioner is interested in viewing these events, he will attach their names to the file and they will be contacted before the event occurs. Commissioner Trigas withdrew her motion VOTE: AYES: NOES: ABSTAIN: ABSENT: 6-O-O Segall, Trigas, Baker, Heineman, L’Heureux, Compas None None Nielsen, PLANNING COMMISSION January 3,200l Page 21 5. PP 24(l) - PLAZA CAMINO REAL TEMPORARY PROMOTIONAL OUTDOOR EVENTS - Request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional sales events, on property generally located at the northeast corner of Marron Road and Monroe Street in Local Facilities Management Zone 1. Project Planner, Michael Grim presented the staff report as follows: The Precise Plan Amendment is to request occasional promotional sales events within the Plaza Camino Real parking lot. Those would be events that don’t meet the City’s already well defined Special Event criteria or Seasonal Sales events. The site is located south of Highway 78, west of El Camino Real, and north of Marron Road. A finger of Monroe Street (a private street) extends northward and separates the Plaza Camino Real shopping from the North County Plaza shopping center. The zoning is C-2 (General/Commercial) and the exact recommended location of the site (the southwest corner of the parking lot) is shown in the exhibit. The applicant has requested that, in addition to the area in the southwest corner, an area in the northeast corner of the parking lot be used also. The southwest event area covers approximately five hundred fifty parking spaces. However, the parking lot in the Plaza Camino Real has over one thousand four hundred extra spaces. The recommended site is in an area that is routinely underused for parking and it has hosted seasonal sales events as well as Bike Awareness Week for the Carlsbad Police Department. The lot is accessed off the aforementioned extension of Monroe Street, with approximately five hundred fifty feet of uninterrupted access onto the mall property, prior to any intersections. The first intersection would be the access to the event area and there are no conflicts with any of the public circulation around there. As mentioned earlier, there have been events held here without incident. Chapter 8 of the Carlsbad City Ordinance defines “special events” which are detailed on page 2 of the staff report. Essentially, one of the most common criteria is that there must be some kind of modification to the surrounding traffic flow or parking requirements to accommodate such an event. An example would be the Marathon, the Carlsbad Village Faire, and others, where it is necessary to close streets or otherwise restrict traffic and parking on public streets, or change circulation within public streets to accommodate these events to allow traffic to go around them. There is also a criteria that addresses “expected attendance of more that one thousand people.” The ordinance also states that it doesn’t include any particular activity where a permit already covers that event. Basically, the special events process defers to the other discretionary event. One of the other important criteria for special events is that the event is not to be held for the sole purpose of advertising any product, goods, or event and not to be held purely for profit. Incidentally, all of the special events held in Carlsbad have had some type of non-profit connections. There is a seasonal sales event, regularly held here, which is regulated by Community Development policy which allows approximately thirty days for such an event (such as pumpkins at Halloween or Christmas trees at Christmas) to be held on private property. This type of event goes through an administrative review process to make sure that no traffic will be impaired, that signage will be tasteful, and that no other activities will take place within the event. This request for an amendment to the Precise Plan was precipitated by a request from an operator at the mall, asking to have a children’s carnival within the pumpkin patch area. At the time of the request, such a carnival was not allowed. The reason for this amendment is because the commercial zoning does not allow any type of sales events to be conducted outside a building, except those that are normally conducted outside (example: a nursery, auto sales, etc.). This type of special activity has never been done in Carlsbad so this one is experimental for both the applicant and the city. There are a number of conditions of approval listed that must be met as well as a time limit. This permit has been structured to be similar to a Conditional Use Permit, subject to an annual review, and it will expire (unless extended) within five years. Some of the other conditions and provisions are listed on Table 1 (pages 3 and 4) of the staff report. Since the applicant has proposed some slightly different restrictions (and perhaps none at all in a certain category), staff has outlined the event aspect, the applicant’s proposal, and Staffs recommendation. Staff and the applicant are in agreement regarding the types of events and the hours of the events. However, they do not agree on the duration of the events. The applicant requested a 30 day duration but Community Development and the Planning Department felt that was too long and recommended a maximum of four days. The applicant has proposed two locations; one at the northeast corner of the property and the other at the southwest corner. The city agrees with the southwest corner location but is completely opposed to the northeast corner location due to the heavy traffic congestions that already exists there. Staffs opinion is that with more visual distraction (by the event) there will be even greater impacts to the traffic. The applicant did not propose a maximum number of events but staff is proposing three events per year, that fit -d 2 PLANNING COMMISSION January 3,200l Page 22 this specific criteria. For example; if the applicant wished to have a pumpkin patch or Christmas tree sales, without special rides or entertainment, they could apply for a Seasonal Sales Event permit and that would not be counted as one of the events covered under this Precise Plan Amendment. Regarding notification of an event, the applicant has made no proposal. Staff, however, feels it appropriate that notification of intent to hold an approved event should be made to the city no less than 30 days prior to the event, to allow time for the required multiple departmental approval. Lastly, the applicant did not submit a proposal regarding an expiration time. The Precise Plan Amendment is conditioned to expire in five years, unless extended by the City Council, which is similar to other experimental or conditional uses. If, within the first year or two, we experience great success with these events the applicant will be allowed (if not encouraged) to come back in and request an amendment to the permit to alleviate whatever restrictions they feel are encumbering their ability to have more quality or frequent events. The project has been reviewed, with respect to the General Plan and all of the applicable zoning and growth management policies, and it is seen to be consistent as conditioned. Commissioner Baker referred to a letter from Plaza Camino Real (on file in the Planning Department), and stated that one of the questions in the letter referred to a special event that would be a carnival. She stated that it is unclear whether a carnival would qualify as a special event. She then asked what would make a carnival a special event. Mr. Grim replied that staff would look at all of the event aspects (one of the reasons for a thirty-day notification), and if the event is expected to have an attendance of less than one thousand people, it will then qualify under this Precise Plan Amendment. The fact that an event is called a carnival, doesn’t automatically qualify or disqualify an event. It really doesn’t matter what they call it - all of the aspects of the event will be carefully appraised before a determination is made. Commissioner Baker asked what category an event would fall into if they have the inflatable type of entertainment for children that is so common. Mr. Grim replied that that would be at the discretion of the Planning Department or Community Development. There was an inflatable slide on a Christmas tree lot that was approved. However, an elephant ride, a merry-go-round (carnival rides), and other like activities, would be too disproportionate and would not qualify under this amendment. Assistant Planning Director, Gary Wayne added some clarification by stating that the city is going to be working on their Seasonal Sales Policy to address this issue because each year it becomes an increasing problem. They need to determine where to “draw the line” on other attention getting devices that are starting to be associated with seasonal sales. A bonafide carnival or circus is currently required to have a Conditional Use Permit. Part of the problem that has been struggled with is; when does a pumpkin patch become a carnival? A Conditional Use Permit typically takes four to six months to process so the applicant has to be very serious in his intentions, to justify the effort required to obtain a CUP. The mall operators have been advised that there are alternative way to obtain permits for their various events and that this amendment accommodates a very narrow window of promotional sales events that draw people to the mall for very short periods of time with minimal impacts. Commissioner L’Heureux asked Mr. Grim to clarify the number of events that will be allowed and asked if it is intended to have some type of event going on every weekend. Mr. Grim responded by stating that staff is recommending, through this amendment, events that do not meet the special event definition and therefore would not go through the special event permit process. An applicant must go through an administrative process for temporary sales event, of which he can have a total of three events per year. If you take the three temporary sales events, add one event for a pumpkin patch, and add one for a Christmas tree lot, that equals five events that would be allowed, plus they could still apply for, and receive, permits for ‘special events’. One of the item that Council is discussing is: Do we want to put a limit on the number of ‘special events’ that are allowed in the city, annually? All of the events are carefully examined, using a variety of criteria, before it is approved or denied. As far as the total number of events that could eventually happen, only five could be held in addition to the special events, per 37 PLANNING COMMISSION January 3,200l Page 23 applicant. Events above and beyond that type or number would be in the hands of the Special Events Committee. Commissioner Trigas questioned the item (bullet #3, page 2 of the staff report) regarding; “A Special Event is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for profit”, and asked if it correct to assume that that means there can be some profit but the designation of the special event cannot be specifically for profit. Mr. Grim replied that the Commissioner’s assumption is correct and added that there may be incidental profit gaining activities within a special event (concession sales, etc.) but the event itself may not be held solely for profit. A special event is intended to be more of a cultural event. Giving a hypothetical example of an profit event that will attract more than one thousand people, Commissioner Trigas, asked how an applicant would obtain a permit. Mr. Grim replied that that applicant would apply for a Special Event Permit or, prior to that, go to the Special Events Committee and ask if the event meets the criteria for a Special Event. Once the event is analyzed, the applicant would be advised as to the next step. Incidentally, if the event is determined to be strictly a profit-making event, more than likely the event would be denied. Other than the rare public service events, Commissioner Trigas asked if it is true that nearly every event held on that parking lot, will be “for profit.” Mr. Grim replied affirmatively. Commissioner Nielsen asked how Staff would compare a custom car show to a new car display. Mr. Grim replied that he would not particularly contrast those two types of events merely because, if a car dealer asked to show his cars in an area such as the one being discussed, he would be told that he has a dealership where he shows his cars on a regutar basis and therefore he would not be allowed to show them elsewhere in the city. On the other hand, if an automobile manufacturer had intentions of showing alternative fuel vehicles as a means of educating the public, the city may be more likely to approve it. The Antique Model “A” Club might well fit into that category as well. Commissioner Compas stated that it appears that the applicant wants a little more than the city is proposing and asked if there is any room for compromise. Mr. Grim replied that as with any staff recommendation, it is obviously just a recommendation. The Planning Commission has the discretion to change the numbers and its up to the City Council to approve or disapprove. Commissioner Compas asked how Staff arrived at the figures in the report. Mr. Grim replied that Staff got to those numbers after a review through both the Planning Department and the Community Development Management, taking into consideration all of the experience of the people who have been making these land use decisions for many years. Staff was looking for good experimental regulations and as a result they leaned toward being very conservative. Commissioner Compas asked if the intention is that with experience in this area, the regulations may well be relaxed in the future. Mr. Grim replied affirmatively and that Commissioner Compas is exactly right it his assessment. Assistant Planning Director, Gary Wayne, stated that it addition to the examples given in the staff report, there are other types of events that appear to be somewhat the same but are events that Carlsbad does not wish to encourage. One such event is when a car rental company wants to sell their used rental cars. That 38 PLANNING COMMISSION January 3,200l Page 24 type of event would be very difficult to conduct within a four day period and that is precisely why staff has proposed a four-day time limit. Additionally, the mall was not developed for that purpose and it is my understanding that the city does not want events of that nature. Commissioner L’Heureux asked if the event set-up and take-down counts in the four day limit. Mr. Wayne replied affirmatively. Commissioner Heineman pointed out that from the standpoint of someone who lives within 1,500 feet from the proposed site for these events, the residents will certainly be looking at this experiment with a very jaundiced eye. He pointed out that the noises from activities held at the mall can readily be heard by the residents of the neighborhood immediately south of the mall and although he is not protesting this amendment at this time, he will be watching it very carefully. Commissioner Baker stated that she agrees with a testing period but asked if it is reasonable to believe that any strong conclusions can be drawn from any activity of such short duration, especially if two of the four days are for set-up and take-down. Mr. Grim replied that staff would at least get a realistic feel for partial impacts. He explained that if a four- day event had negative impacts, then staff could project impacts resulting from events of longer duration. Another consideration would be if staff were to receive positive information regarding possible events, then they would probably be more willing to look at approving events for a period longer than four days. Mr. Wayne reminded the Commission that they will be making a recommendation to the City Council and that they have the latitude to recommend restrictions other than the ones proposed by Staff. He added that if the Commission chooses to change the time limits, he would ask them to put time limits on the time allowed for take-down activities, for obvious reasons. Commissioner Compas asked if Staff has looked at the experiences of other cities with respect to the proposed amendment. Mr. Grim replied that it is generally felt that the experience of other cities do not mimic the type of reaction that Carlsbad would receive from its residents. In addition, Mr. Grim stated that he is not aware of any cities around here that would even come close the having the restrictions that Carlsbad has. As a result, he continued, he did not do a copious amount of research. However, he stated, he did observe some events in some jurisdictions and they all seemed to be large events and non-discriminatory with regard to the types of events and there didn’t seem to be a lot of discretion applied. Therefore, Staff does not feel that what was observed was applicable to this situation. Commissioner Heineman asked if Staff had looked at the possible traffic impacts. Mr. Grim replied that they had and because the entrance to the event is at the end of a long entry-throat in addition to being at a signalized intersection no problems were anticipated. The recommendation for this site (as opposed to the site requested at the northeast corner of the parking lot) was because it is located in an area where people can get off the public thoroughfare, onto the private property, as smoothly and rapidly as possible. Commissioner Nielsen asked if the parking lot is actually private property. Mr. Grim replied that the land is actually owned by the city but an agreement exists, with the mall, that they will maintain it and have certain other responsibilities that are attached to it. For all intents and purposes, it can be considered the private property of the mall. Commissioner Nielsen asked if there would be any additional liability to the city. PLANNING COMMISSION January 3,200l Page 25 Ms. Mobaldi replied that under the lease agreement, the mall agrees to accept all liability for anything that happens in the parking lot and indemnifies the city. Emmet Durnan, 4900 Neblina Drive, Carlsbad, General Manager of Westfield Shopping Towne Plaza Camino Real, the applicant, stated that their request comes after much discussion in an attempt to come to an agreement on achieving the desires of the shopping center as well as the desires of the city. Mr. Durnan stated that he is before this Commission to ask that they validate a practice that has been going on for many years at this shopping center and that site in the parking lot. Mr. Durnan pointed out that the applicants request was to approve two parking lot locations for these events; the primary location at the southwest corner of the lot and the secondary location at the northeast corner. However, he continued, the shopping center does not disagree with staffs recommendation to disapprove the secondary location. Mr. Durnan stated that in late 1998, Mr. Wayne brought attention to the fact that even though there were events that had been going on there for years, those events did not fall within the Precise Plan for the shopping Center. He went on to state that the discussions proceeded, over time, until they ultimately arrived at and agreed upon the Precise Plan amendment process. Regarding the restrictions of the amendment, Mr. Durnan stated that the applicant is in agreement with the hours of operation but does not entirely agree with the definition of some of the events and most certainly does not agree with Staffs proposal for a four-day maximum duration of any event. He indicated that the applicants request for a maximum thirty-day time frame was driven solely by the Halloween Carnival (kiddie rides) that would be associated with the pumpkin patch, considering that the whole month of October is dedicated to the anticipation of Halloween. This “carnival” (as in the Fall of 1999) is geared solely to children ten years old and younger. Mr. Durnan further stated that the applicant is not looking to create a carnival (in the strict sense of the word), and that they are a shopping center, first, last and always. He also stated that this specific event is the only event that he envisions that they would want to last thirty days. He added that his decision on how long he wants to have a “carnival” depends upon how the Halloween Carnival is ultimately classified. Mr. Durnan indicated that most of the other events need to run anywhere between ten and seventeen days, in order for the operation to be economically feasible and successful for the operators. He added that the ten days includes two weekends with an intervening week and the seventeen day period includes three weekends and an intervening two weeks. Mr. Durnan continued by stating that “if the duration limit is held to four days, there will be no events at all.” Because of the set-up and the take-down, the investment in inventory and personnel, and other necessary activities, it would not be possible to engage the operators of the events. Speaking to the restriction regarding the maximum number of events, Mr. Durnan stated that his request (in his letter) for five events is driven by the list of events discussed. He pointed out that there have been R. V. shows on the property and generally those operators prefer to do those shows in the Spring and in the Fall. He added that the operators of the shows, the applicant would engage, are all reputable companies and they abide by all of the business codes and laws of the City of Carlsbad. Mr. Durnan pointed out that they are primarily interested in the Halloween event, a computer show, a custom car show, and perhaps one or two other appropriate events such as the Budget Car Rental sales of used cars. Commissioner Compas asked Mr. Durnan if he understands correctly that if the Commission approves this amendment, as presented, the shopping center will no longer have the ability to host the previously held events . Mr. Durnan replied that his understanding is correct. Commissioner Heineman asked Mr. Durnan if his inability to host the subject events is because of the duration restriction. Mr. Durnan replied affirmatively and stated that none of the events can be successfully held within a four day period, regardless of whether the set-up and take-down is included in the four days or not. Commissioner Nielsen asked if going to a ten-day period would make holding the events, excepting the pumpkin patch and kiddy carnival, more feasible. Mr. Durnan replied that the ten-days duration would be the minimum that they could successfully work with. PLANNING COMMISSION January 3,200l Page 26 Commissioner Compas asked Mr. Durnan if he thinks the city has proposed these restrictions so that the applicant will be discouraged and won’t hold any events. Mr. Durnan replied that that would imply meanness, on the part of the city, and he doesn’t believe that to be the case. He stated that he has been told that there have been events held in the city that caused some concerns and he thinks this may just be fall-out from those experiences. Commissioner Compas stated that what he is hearing is that if the Commission approves this action, as proposed, there will be no events and therefore, no experience gleaned by the city. Mr. Durnan responded by indicating that the Commissioner is correct and there will never be any data to study and that, basically, the Commission would merely be validating things that have been done in the past. Chairperson Segall stated that it might be possible to make an amendment solely for the purpose and having the Halloween Carnival for thirty days, and perhaps make all the rest for ten days, and asked Mr. Durnan if something like that would satisfy some of the applicants interests. Mr. Durnan replied that they could be satisfied with such a determination. Chairperson Segall, for clarification and with noise disturbances in mind, asked Mr. Durnan if any of the events that might be held, will exceed the mall’s shopping hours. Mr. Durnan replied that under no circumstances would an event be operational beyond the stores’ hours. Commissioner Heineman stated that no event, other than the marathon, has ever caused the adjacent residents any problems. Mr. Durnan stated that the applicant is not looking to introduce anything that hasn’t already been there at one time or another. Commissioner Nielsen asked if the applicant has any problem with the minimum thirty days notice of intent to hold an event. Mr. Durnan replied that events, of the magnitude of what they would have, would require that the applicant talk with the operators three or four months in advance. This being the case, a minimum thirty-day notice to the city is totally acceptable. Chairperson Segall opened Public Testimony. Seeing no one wishing to testify, Chairperson Segall closed Public Testimony. Commissioner Trigas asked Mr. Grim to explain what is to happen if the four-day duration restriction makes any event impossible to hold. Mr. Wayne interjected to state that because of a recent experience with an R. V. dealer, at the Costco Warehouse, where the dealer said he only needed forty-eight hours and begged to be allowed to stay for that time, Staff honestly thought that a week-end duration would satisfy the kinds of events that are on the list of preferred events. He added that Staff really felt that by having a four-day restriction they could keep the quality of the mall at as high a level as possible without detracting from it. Alluding to Mr. Durnan’s mention of Budget Car Rental, Mr. Wayne stated that a Budget Car Rental sale in not the type of event that the City of Carlsbad wants, regardless of how long they need. In conclusion, Mr. Wayne addressed the Commission saying that it is up to the Commission to determine what they want the rules and restrictions to be and make that recommendation to the City Council. He also stated that it is Staffs desire that the Commission be conservative in its decision. Commissioner Trigas stated that it is easy to understand why the applicant is requesting a thirty-day limit for the pumpkin patch. PLANNING COMMISSION January 3,200l Page 27 Mr. Wayne pointed out that there is an alternative way to have the pumpkin patch for thirty days, and that is through a Conditional Use Permit. He explained that the applicant can apply for a Conditional Use Permit that, if approved, can run year after year. A CUP would also give the city the ability to control those activities and see to it that they don’t get out of control. Regarding the R. V. shows, Commissioner Trigas asked if they too could apply and receive a Conditional Use Permit. Mr. Wayne replied, no. Commissioner Trigas stated that she sees the questions now as; can any of the applicant’s proposed events (other than the pumpkin patch) be held within the proposed four-day limit, and how many events will be allowed per year? Commissioner Nielsen, addressing Mr. Wayne, asked why would you be against a ten-day event when you have the power of veto? Mr. Wayne replied that he is not sure how much discretion Staff has and further stated that, as earlier indicated, if there is a ten or seventeen day limit, then the applicant would be able to host events such as Budget Car Rental sales and the City Staff would have a very difficult time saying “no.” Commissioner Nielsen asked why that would be true. Mr. Wayne replied by asking the Commission what they (City Staff) would base their denial on since there is no specific prohibition.. Commissioner Nielsen answered by saying that Staff would simply have to tell them that they simply don’t want them there. Mr. Wayne stated that the Commission has to give Staff fairly precise direction so that Staff could no be accused of abusing that discretion. If that were to happen, Commissioner Nielsen asked, is it not true that they could appeal to the Planning Commission. Mr. Wayne replied affirmatively. Commissioner Nielsen stated that if the applicant says that four days is totally inadequate, and Staff is saying that four days is the maximum, then there’s no sense in continuing this discussion. In order to have some clarification, Mr. Wayne stated that based on this evening’s discussion, if the Commission wants to make a recommendation to the City Council and provide more guidance than what Staff has already provided in the staff report, that would be an option available to the Commission. For further clarification, Chairperson Segall asked if it is true then, that the Commission could say that, as a city, they don’t believe that used car sales events should be held at the mall and that could be made a condition. Mr. Wayne replied that that would be Staffs recommendation to the Commission. Chairperson Segall stated that, without going through the whole list, that the Commission can specify objectionable events and recommend they not be allowed. Mr. Wayne replied, “yes.” PLANNING COMMISSION January 3,200l Page 28 Commissioner Compas stated that, in his opinion, none of the Commissioners are qualified to make any recommendations to the City Council on this item. Chairperson Segall asked Commissioner Compas if he means they are not qualified in terms of events or the duration of the events. Commissioner Compas that they are not qualified in both areas. Chairperson Segall stated that he feels the Commission is obligated the render some kind of ’ recommendation in order to move this item forward. Ms. Mobaldi interjected and stated it is her opinion that Staffs objective is to allow three events, under this new limited amendment to the Precise Plan, and in addition they can have seasonal sales under the Seasonal Sales Permit process not necessarily requiring a full-blown CUP. However, these recommendations are trying to set forth some objective criteria for making determinations as to what events are allowable and that is what she is recommending that they stick with as opposed to singling out a specific business and saying you don’t want this. She advised that they should get into specific types of uses and make criteria, such as whether it is for profit or not. She further advised that to name a particular business (as opposed to another) is not necessarily the way for the Commission to go. By consensus, Chairperson Segall re-opened Public Testimony . Commissioner Trigas asked Ms. Mobaldi to clarify the definition of Special Events. Ms. Mobaldi explained Special Events as follows: There are a couple of criteria for determining what the definition of an event is and one of those is whether it attracts a thousand people or more and the other is if it affects traffic circulation. If the event does not meet those criteria, then perhaps that ordinance needs more clarification. Mr. Durnan, suggested that for this initial amendment approval, and since it will be reviewed annually and re-certified in five years, he would agree to limit the types of events to the following: 1. The Halloween Carnival (with small kiddie rides); 2. Computer Show; 3. Custom Car Show; 4. Boat Show; and 5. R.V. Show. However, he did ask that the Commission approve an event duration of at least ten days because of the economic implications. Also, he stated, he would very much appreciate the approval for the Halloween Carnival and three additional events. In addressing the alternative method of applying for a CUP, Mr. Durnan stated that in addition to the expense of a CUP, the time required is prohibitive. Commissioner Nielsen asked Mr. Durnan if he has had similar experiences, in other cities, and if so, would it be possible for Staff to confer with Staff from those cities? Mr. Durnan replied that he’s had some similar experience in El Cajon but not with any other cities. Commissioner Nielsen also asked Mr. Durnan if he would be willing to apply for a CUP for the Halloween Carnival. Mr. Durnan’s reply was that he would rather not have to do that. Chairperson Segall asked if Mr. Durnan is agreeable to continuing this hearing and directing Staff to return with a recommendation for a thirty-day time limit for the Halloween Carnival (and with a better definition of same), and a ten-day limit for a specified three out of the four remaining events. Mr. Durnan agreed. Chairperson Segall closed Public Testimony. Chairperson Segall requested the Commission’s permission to extend the Meeting beyond the 1O:OO hour, as proscribed in the Planning Commission Procedures Manual. 43 PLANNING COMMISSION January 3,200l Page 29 Commissioner Baker suggested that the speakers on the next item be brief so the Meeting will not have to be extended to an even later hour. By consensus, the Commission approved the extension of the Meeting to IO:30 p.m. MOTION: ACTION: Motion by Commissioner Trigas, and duly seconded, to continue this hearing to the next Regular Meeting of the Planning Commission on January 17, 2001. VOTE: 7-o-o AYES: Segall, Trigas, Nielsen, Baker, Heineman, L’Heureux, Compas NOES: None ABSTAIN: None City of Carlsbad Records Management Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, APRIL 3, 2001, to consider a request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional sales events, on property generally located at the northeast corner of Marron Road and Monroe Street in Local Facilities Management Zone 1 and more particularly described as: Lot 27 of Carlsbad Tract No. 76-18, according to Map No. 8956, filed in the Office of the County Recorder in the County of San Diego on August 11, 1978, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after March 30, 2001. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. If you challenge the Precise Amendment 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 at or prior to the public hearing. CASE FILE: PP 24(l) CASE NAME: PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS PUBLISH: MARCH 20, 2001 CITY OF CARLSBAD JANICE BREITENFELD DEPUTY CITY CLERK 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 - (760) 434-2808 43 PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALESEVENT PP 24(l) .’ 2 *. .-. ,..I ,‘> i’ . . ‘I Ld c-i / Rowley Petrolem Corp Pacific Coast Plaza Inv Brian P Bateman 2235 Faraday Ave 0 2235 Faraday Ave 0 3340 Ridgecrest Dr Carlsbad CA 92008-7215 Carlsbad CA 92008-7215 Carlsbad CA 92008-2027 Adeline M Laramy Virgie N Ravetz Carlos Prim0 2333 Nicklaus Dr 2265 Highland Dr 2255 Highland Dr Oceanside CA 92056-3702 Carlsbad CA 92008-1023 Carlsbad CA 92008-1023 Jim & Rosemarie Dunn Robert C Siegel Clayton C Mcandrew 4316 Casanna Way 306 2300 Pio Pica Dr 1790 Ratcliff Rd Oceanside CA 92057-7620 Carlsbad CA 92008-1036 Carlsbad CA 92008-1041 Kuniko Johnson C K & Susan Roush April C Woods 1800 Ratcliff Rd 1810 Ratcliff Rd 1821 Ratcliff Rd Carlsbad CA 92008-1042 Carlsbad CA 92008-1042 Carlsbad CA 92008-1042 Donna Stevens Hubert D Mast Intervivos T Breen 1811 Ratcliff Rd 1801 Ratcliff Rd 1799 Ratcliff Rd Carlsbad CA 92008-1042 Carlsbad CA 92008-1042 Carlsbad CA 92008-1060 Eric V & Angie Yokes 1798 Guevara Rd Carlsbad CA 92008-1019 Charles J Contreras 1812 Guevara Rd Carlsbad CA 92008-1021 Truman J Richardson 1821 Guevara Rd Carlsbad CA 92008-1021 City Of Vista 600 Eucalyptus Ave Vista CA 92084-6240 Vista Way&78 L L C 2169 Hawley Dr Vista CA 92084-2616 Paul J Eckenroad Rudy H Moreno 1800 Guevara Rd 1810 Guevara Rd Carlsbad CA 92008-1021 Carlsbad CA 92008-1021 Joe N Smith Teresa Fry 1814 Guevara Rd 1831 Guevara Rd Carlsbad CA 92008-1021 Carlsbad CA 92008-1021 Karen M Blumenshine Harry T & Kathy Martin 15 Saint Ann Dr 2440 Lorna Ln Santa Barbara 93109-1238 Carlsbad CA 92008-1034 Craig J & Rose Mohnacky Ballantyne W Laura 4783 Gateshead Rd PO Box 86673 Carlsbad CA 92008-6579 San Diego CA 92138-6673 Plaza Camino Real Carlsbad Woodbridge Horn 11601 Wilshire Blvd 2879 Woodridge Cir Los Angeles C 90025-1770 Carlsbad CA 92008-1162 Martin L Acosta Vivien G Anders Robert & Mary Arkell 450 E Olive St 2310 Hosp Way 157 610 Warwick Ave Corona CA 92879-2452 Carlsbad CA 92008-1219 Thousand Oaks 91360-3708 Azalea Inc Paul C & Claudine Baker Scott R Bintliff 1850 Mt Diablo Blvd 250 PO Box 515 2330 Hosp Way 101 Walnut Creek 94596-4428 Pahrump NV 89041-0515 Carlsbad CA 92008-1221 David C Blasko Richard W Bowman Bradford 605 Stewart Ave Imcd 2332 Hosp Way 307 2336 Hosp Way 313 Garden City N 11530-4703 Carlsbad CA 92008-1222 Carlsbad CA 92008-1224 Robert R Briggs Rose K Burr C T Operating Partnersh 2336 Hosp Way 215 2360 Hosp Way 229 3500 N Sepulveda Blvd Carlsbad CA 92008-1224 Carlsbad CA 92008-1230 Manhattan Bea 90266-3631 Caponi-Mitchell Joint V Scott T Carter Century Development 1010 2nd Ave 1422 1566 Lucky St PO Box 1312 San Diego CA 92101-4905 Oceanside CA 92054-5927 Solana Beach 92075-7312 Kin-Hang Cho Deborah K Christensen Paulette M Cimmarusti 2332 Hosp Way 207 2360 Hosp Way 331 2334 Hosp Way 210 Carlsbad CA 92008-1222 Carlsbad CA 92008-1230 Carlsbad CA 92008-1223 Laurie J Cohen David D Craig Department Of Veterans 2332 Hosp Way 205 2312 Hosp Way 255 11000 Wilshire Blvd Carlsbad CA 92008-1222 Carlsbad CA 92008-1220 Los Angeles C 90024-3602 Devins Benjamin Douglas David L Downey 1370 Buena Vista Way 2362 Hosp Way 335 2722 Vancouver St Carlsbad CA 92008-1535 Carlsbad CA 92008-1240 Carlsbad CA 92008-1366 Kathleen M Everett PO Box 263 Avalon CA 90704-0263 Terry Farrell Debra M Gerhart 2344 Hosp Way 127 2344 Hosp Way 125 Carlsbad CA 92008-1227 Carlsbad CA 92008-1227 Teresa L Goar Rory S & Barbara Goree Ernest C Grant 3581 Ridge Rd 7146 N 58th Dr B 2342 Hosp Way 122 Oceanside CA 92056-4952 Glendale AZ 85301-2460 Carlsbad CA 92008-1226 Great Western Bank Grill Norbert Carlsbad L Grove 150 N Santa Anita Ave 6 2330 Hosp Way 304 12780 High Bluff Dr 160 Arcadia CA 91006-3140 Carlsbad CA 92008-1221 San Diego CA 92130-2068 Edward S Gwin Stephen A Hardley Michael G Hatch 2600 Kentmoor Rd 1301 Milburn Ave 7220 Babilonia St Bloomfield Hi 48304-1524 Redlands CA 92373-5466 Carlsbad CA 92009-6510 James R Hill Yutaka Hirabayashi Stanley W Hoffman 3271 Noya Way 2336 Hosp Way 216 3471 Valley St Oceanside CA 92056-3242 Carlsbad CA 92008-1224 Carlsbad CA 92008:2636 Jerry A Huber Peter E & June Huebner Timothy J Hurlbut 3733 Via Baldona 2310 Hosp Way 158 2340 Hosp Way 318 Oceanside CA 92056-7217 Carlsbad CA 92008-1219 Carlsbad CA 92008-1225 Louis R Islander Donald L Jabbar Cheryl L Jimenez 5457 E Anaheim Rd 246 E Chester St 1 9437 Mount Israel Rd Long Beach CA 90815-4324 Long Beach NY 11561-2203 Escondido CA 92029-8004 Eric J Jongewaard Fred J Kellenberger Richard C Kelly 2344 Hosp Way 326 999 N Pacific St G309 2770 Sunny Creek Rd Carlsbad CA 92008-1238 Oceanside CA 92054-2083 Carlsbad CA 92008-7134 Linda L Kosareff Edward E Lavoie Darwin S Lee 2008 Harbor Dr N 210 1570 Boulder Creek Rd 2380 Hosp Way 338 Oceanside CA 92054-1039 Oceanside CA 92056-2926 Carlsbad CA 92008-1241 Yongsheng Liang Lawrence Luevano Ruth M Madigan 2334 Hosp Way 310 2332 Hosp Way 106 PO Box 88536 Carlsbad CA 92008-1236 Carlsbad CA 92008-1235 Steilacoom WA 98388-0536 Wanda L Magana Virgil Magistrale Mervyns Inc 270 Pacific Ave 2334 Hosp Way 112 Mervyns 86 Carlsbad CA 92008-2245 Carlsbad CA 92008-1223 Minneapolis M 55402 William G Meyer Clint A Miller Isaac R Minor PO Box 841 2362 Hosp Way 334 2362 Hosp Way 236 Carlsbad CA 92018-0841 Carlsbad CA 92008-1240 Carlsbad CA 92008-1231 Azam M Mirshojaee Michael P Morioka Leroy F Morris 4998 Crestview Dr 12575 Ruette Alliante 1 114 S Myers St B Carlsbad CA 92008-3794 San Diego CA 92130-3540 Oceanside CA 92054-2904 Kristy K Niederkorn Lester & Freda Owen P E L A Fund Vi L L C 2342 Hosp Way 323 1339 Crestview Rd 12780 High Bluff Dr 160 Carlsbad CA 92008-1237 Redlands CA 92374-6322 San Diego CA 92130-2068 P T R California Holdin Pela Fund Vi Pela Fund Vi L L C 18818 Teller Ave 277 12780 High Bluff Dr 160 12780 High Bluff Dr 160 Irvine CA 92612-1612 San Diego CA 92130-2068 San Diego CA 92130-2068 Pela Fund Vi Llc Clint & Wilma Pierce Usin I Pisingan 12780 High Bluff Dr 160 3876 Carter Dr Psc 824 PO Box 761 San Diego CA 92130-2068 South San Fra 94080-3821 Fpo AE 09623 Marilyn J Powell Ptr-California Holdings Donald Rady 2362 Hosp.Way 333 18818 Teller Ave 277 920 Sealane Dr C Carlsbad CA 92008-1240 Irvine CA 92612-1612 Encinitas CA 92024-5032 Donald R Rady Christopher B Randolph Raymond S Reifel 920 Sealane Dr C 2332 Hosp Way 308 2380 Hosp Way 238 Encinitas CA 92024-5032 'Carlsbad CA 92008-1222 Carlsbad CA 92008-1232 Charles V Robinson Richard L Romoser Saitama N 2342 Hosp Way 222 6876 Caminito Montanoso 4670 Convoy St Carlsbad CA 92008-1237 San Diego CA 92119-2334 San Diego CA 92111-2314 Scott Security Capital Pacifi Sell 756 Lamat Rd 18818 Teller Ave 277 PO Box 1091 La Habra CA 90631-8325 Irvine CA 92612-1612 Carlsbad CA 92018-1091 Anwar M Shadward Johanna M Shatsky Earl L & Gail Shelman 2332 Hosp Way 208 27672 Via Real 2342 Hosp Way 223 Carlsbad CA 92008-1222 Sun City CA 92585-3611 Carlsbad CA 92008-1237 Billy Y Shen Ira M & Gladys Slawson Joseph Spina 4506 W Avenue 41 2130 Sunset Dr 143 2362 Hosp Way 233 Los Angeles C 90065-4906 Vista CA 92083-4523 Carlsbad CA 92008-1231 Christopher I Swalwell Raymond J Tafejian Franklin M Taylor 2336 Hosp Way 213 2360 Hosp Way 131 2362 Hosp Way 133 Carlsbad CA 92008-1224 Carlsbad CA 92008-1230 Carlsbad CA 92008-1231 William A Taylor Anthony R Terralavoro Jerry D Thompson 3603 Santa Clara Way 1621 Wagon Wheel Dr 2310 Hosp Way 258 Carlsbad CA 92008-2167 Oceanside CA 92057-4904 Carlsbad CA 92008-1219 Cesar Torres Tru Realty Corp Trujillo 2340 Hosp Way 218 225 Summit Ave 3720 Sierra Morena Ave Carlsbad CA 92008-1225 Montvale NJ 07645-1523 Carlsbad CA 92008-2817 Craig R & Roger Turk Vanderburg Real Est Ho1 Vanderburg Tr 2340 Hosp Way 217 12700 Northborough Nob 150 N Santa Anita Ave 6 Carlsbad CA 92008-1225 Houston TX 77067 Arcadia CA 91006-3140 Catherine A Vinson Vons Companies Inc Jim & Susan Walsh 3193 Citrus St 150 N Santa Anita Ave 6 5330 Los Robles Dr Lemon Grove C 91945-2214 Arcadia CA 91006-3140 Carlsbad CA 92008-4330 Cheryl Y Wentzell Tami L Williams Henley V Worthington 2334 Hosp Way 209 2360 Hosp Way 329 12780 High Bluff Dr 160 Carlsbad CA 92008-1223 Carlsbad CA 92008-1230 San Diego CA 92130-2068 Phyllis Yamaguchi Phyllis T Yamaguchi 12552 Brando St 12552 Brando St Cerritos CA 90703-7108 Cerritos CA 90703-7108 *** 110 Printed *** City of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 6, 2000, to consider a request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional sales events, on property generally located at the northeast corner of Marron Road and Monroe Street in Local Facilities Management Zone 1 and more particularly described as: Lot 27 of Carlsbad Tract No. 76-18, according to Map No. 8956, filed in the Office of County Recorder in the County of San Diego on August 11, 1978, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after November 30, 2000. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. If you challenge the Precise Plan Amendment 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 at or prior to the public hearing. CASE FILE: PP 24(l) CASE NAME: PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS PUBLISH: NOVEMBER 23,200O CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue l Carlsbad. CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 l www.ci.carlsbad.ca.us @ NOTICE OF PUBLIC HEARING &Np3 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, March 13, 2001, to consider a request for a Precise Plan Amendment to allow the occasional use of the Plaza Camino Real parking lot for outdoor promotional sales events, on property generally located at the northeast corner of Marron Road and Monroe Street in Local Facilities Management Zone 1 and more particularly described as: Lot 27 of Carlsbad Tract No. 76-18, according to Map No. 8956, filed in the Office of the County Recorder in the County of San Diego on August 11, 1978, in the City of Carlsbad, County of San Diego, State of California. ~ Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after March 9, 2001. If you have any questions, please call Mike Grim in the Planning Department at (760) 602- 4623. If you challenge the Precise Amendment 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 at or prior to the public hearing. CASE FILE: PP 24(l) CASE NAME: PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS PUBLISH: Fm ww&, 14 I ac;o/ CITY OF CARLSBAD CITY COUNCIL City of Carlsbad NOTICE OF PUBLIC HEARING the City of Carlsbad will hold a Drive, Carlsbad, California, at request for a Precise Plan Real parking lot for outdoor promotional sales events, on property generally located at the northeast corner of Marron Road and Monroe Street in, Local Facilities Management Zone 1 and more particularly described as: Lot 27 of Carlsbad Tract No. 76-18, according to Map No. 8956, filed in the Office of County Recorder in the County of San Diego on August 11, 1978, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially hearing. Copies of the staff report will be available on and after have any questions, please call Mike Grim in the Planning Depart If you challenge the Precise Plan Amendment 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 at or prior to the public hearing. CASE FILE: PP 24(l) CASE NAME: PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS PUBLISH: CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue l Carlsbad. CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 l www.cl.carlsbad.ca.us 8 Smooth Feed SheetsTM City Clerk 1 .Ibl CARLSBAD UNIF SCHOOL DIST CITY OF ENCINITAS 801 PINE AVE 505 S VULCAN AVE CARLSBAD CA 92008 ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA PO BOX 1988 VISTA CA 92085 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 REGIONAL WATER QUALITY SD COUNTY PLANNING STE B STE B 9771 CLAIREMONT MESA BLVD 5201 RUFFIN RD SAN DIEGO CA 92124-1331 SAN DIEGO CA 92123 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME STE 50 330 GOLDENSHORE LONG BEACH CA 90802 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. 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---- ‘i PACIFIC COAST PLAZA INV 2235 FARADAY AVE 0 CARLSBAD CA 92008-7215 BRIAN P BATEMAN 3340 RIDGECREST DR CARLSBAD CA 92008-2027 VIRGIE N RAVETZ 2265 HIGHLAND DR CARLSBAD CA 92008-1023 ROBERT C SIEGEL 2300 PI0 PICO DR CARLSBAD CA 92008-1036 C K & SUSAN ROUSH 1810 RATCLIFF RD CARLSBAD CA 92008-1042 HUBERT D MAST 1801 RATCLIFF RD CARLSBAD CA 92008-1042 PAUL J ECKENROAD 1800 GUEVARA RD CARLSBAD CA 92008-1021 JOE N SMITH 1814 GUEVARA RD CARLSBAD CA 92008-1021 KAREN M BLUMENSHINE 15 SAINT ANN DR SANTA BARBARA 93109-1238 CRAIG J & ROSE MOHNACKY 4783 GATESHEAD RD CARLSBAD CA 92008-6579 PLAZA CAMINO REAL 11601 WILSHIRE BLVD LOS ANGELES C 90025-1770 CARLOS PRIM0 2255 HIGHLAND DR CARLSBAD CA 92008-1023 CLAYTON C MCANDREW 1790 RATCLIFF RD CARLSBAD CA 92008-1041 APRIL C WOODS 1821 RATCLIFF RD CARLSBAD CA 92008-1042 INTERVIVOS T BREEN 1799 RATCLIFF RD CARLSBAD CA 92008-1060 RUDY H MORENO 1810 GUEVARA RD CARLSBAD CA 92008-1021 TERESA FRY 1831 GUEVARA RD CARLSBAD CA 92008-1021 HARRY T & KATHY MARTIN 2440 LORNA LN CARLSBAD CA 92008-1034 BALLANTYNE W LAURA PO BOX 86673 SAN DIEGO CA 92138-6673 CARLSBAD WOODBRIDGE HOM 2879 WOODRIDGE CIR CARLSBAD CA 92008-1162 MARTIN L ACOSTA VIVIEN G ANDERS ROBERT & MARY ARKELL 450 E OLIVE ST 2310 HOSP WAY 157 610 WARWICK AVE CORONA CA 92879-2452 CARLSBAD CA 92008-1219 THOUSAND OAKS 91360-3733 AZALEA INC PAUL C & CLAUDINE BAKER SCOTT R BINTLIFF 1850 MT DIABLO BLVD 250 PO BOX 515 2330 HOSP WAY 101 WALNUT CREEK 94596-4428 PAHRUMP NV 89041-0515 CARLSBAD CA 92008-1221 DAVID C BLASKO RICHARD W BOWMAN BRADFORD 605 STEWART AVE IMCD 2332 HOSP WAY 307 2336 HOSP WAY 313 GARDEN CITY N 11530-4703 CARLSBAD CA 92008-1222 CARLSBAD CA 92008-1224 ROBERT R BRIGGS ROSE K BURR C T OPERATING PARTNERSH 2336 HOSP WAY 215 2360 HOSP WAY 229 3500 N SEPULVEDA BLVD CARLSBAD CA 92008-1224 CARLSBAD CA 92008-1230 MANHATTAN BEA 90266-3631 CAPONI-MITCHELL JOINT V SCOTT T CARTER CENTURY DEVELOPMENT 1010 2ND AVE 1422 1566 LUCKY ST PO BOX 1312 SAN DIEGO CA 92101-4905 OCEANSIDE CA 92054-5927' SOLANA BEACH 92075-7312 KIN-HANG CH0 DEBORAH K CHRISTENSEN PAULETTE M CIMMARUSTI 2332 HOSP WAY 207 2360 HOSP WAY 331 2334 HOSP WAY 210 CARLSBAD CA 92008-1222 CARLSBAD CA 92008-1230 CARLSBAD CA 92008-1223 LAURIE J COHEN DAVID D CRAIG DEPARTMENT OF VETERANS 2332 HOSP WAY 205 2312 HOSP WAY 255 11000 WILSHIRE BLVD CARLSBAD CA 92008-1222 CARLSBAD CA 92008-1220 LOS ANGELES C 90024-3602 DEVINS BENJAMIN DOUGLAS DAVID L DOWNEY 1370 BUENA VISTA WAY 2362 HOSP WAY 335 2722 VANCOWER ST CARLSBAIY CA 92008-1535 CARLSBAD CA 92008-1240 CARLSBAD CA 92008-1366 KATHLEEN M EVERETT PO BOX 263 AVALON CA 90704-0263 TERRY FARRELL DEBRA M GERHART 2344 HOSP WAY 127 2344 HOSP WAY 125 CARLSBAD CA 92008-1227 CARLSBAD CA 92008-1227 TERESA L GOAR RORY S & BARBARA GOREE ERNEST C GRANT 3581 RIDGE RD 7146 N 58TH DR B 2342 HOSP WAY 122 OCEANSIDE CA 92056-4952 GLENDALE AZ 85301-2460 CARLSBAD CA 92008-1226 - -. - GREAT WESTERN BANK GRILL NORBERT CARLSBAD L GRCVE 150 N SANTA ANITA AVE 6 2330 HOSP WAY 304 12780 HIGH BLUFF DR 150 ARCADIA CA 91006-3140 CARLSBAD CA 92008-1221 SAN DIEGO CA 92130-2068 EDWARD S GWIN STEPHEN A HARDLEY MICHAEL G HATCH 2600 KENTMOOR RD 1301 MILBURN AVE 7220 BABILONIA ST BLOOMFIELD HI 48304-1524 REDLANDS CA 92373-5466 CARLSBAD CA 92009-6510 JAMES R HILL YUTAKA HIRABAYASHI STANLEY W HOFFMAN 3271 NOYA WAY 2336 HOSP WAY 216 3471 VALLEY ST OCEANSIDE CA 92056-3242 CARLSBAD CA 92008-1224 CARLSBAD CA 92008-2636 JERRY A HUBER PETER E Kc JUNE HUEBNER TIMOTHY J HURLBUT 3733 VIA BALDONA 2310 HOSP WAY 158 2340 HOSP WAY 318 OCEANSIDE CA 92056-7217 CARLSBAD CA 92008-1219 CARLSBAD CA 92008-1225 LOUIS R ISLANDER DONALD L JABBAR CHERYL L JIMENEZ 5457 E ANAHEIM RD 246 E CHESTER ST 1 9437 MOUNT ISRAEL RD LONG BEACH CA 90815-4324 LONG BEACH NY 11561-2203 ESCONDIDO CA 92029-8004 ERIC J JONGEWAARD FRED J KELLENBERGER RICHARD C KELLY 2344 HOSP WAY 326 999 N PACIFIC ST G309 2770 SUNNY CREEK RD CARLSBAD CA 92008-1238 OCEANSIDE CA 92054-2083 CARLSBAD CA 92008-7134 LINDA L KOSAREFF EDWARD E LAVOIE DARWIN S LEE 2008 HARBOR DR N 210 1570 BOULDER CREEK RD 2380 HOSP WAY 338 OCEANSIDE CA 92054-1039 OCEANSIDE CA 92056-2926 CARLSBAD CA 92008-1241 YONGSHENG LIANG LAWRENCE LUEVANO RUTHM MADIGAN 2334 HOSP WAY 310 2332 HOSP WAY 106 PO BOX 88536 CARLSBAD CA 92008-1236 CARLSBAD CA 92008-1235 STEILACOOM WA 98388-0536 WANDA L MAGANA VIRGIL MAGISTRALE MERVYNS INC 270 PACIFIC AVE 2334 HOSP WAY 112 MERVYNS 86 'CARLSBAD CA 92008-2245 CARLSBAD CA 92008-1223 MINNEAPOLIS M 55402 WILLIAM G MEYER CLINT A MILLER ISAAC R MINOR PO BOX 841 2362 HOSP WAY 334 2362 HOSP WAY 236 CARLSBAD CA 92018-0841 CARLSBAD CA 92008-1240 CARLSBAD CA 92008-1231 .- AZAM M MIRSHOJAEE MICHAEL P MORIOKA LEROY F MORRIS 4998 CRESTVIEW DR 12575 RUETTE ALLIANTE 1 114 S MYERS ST B CARLSBAD CA 92008-3794 SAN DIEGO CA 92130-3540 OCEANSIDE CA 92054-2904 KRISTY K NIEDERKORN LESTER & FREDA OWEN PELAFUNDVILLC 2342 HOSP WAY 323 1339 CRESTVIEW RD 12780 HIGH BLUFF DR 160 CARLSBAD CA 92008-1237 REDLANDS CA 92374-6322 SAN DIEGO CA 92130-2068 P T R CALIFORNIA HOLDIN PELA FUND VI PELA FUND VI L L C 18818 TELLER AVE 277 12780 HIGH BLUFF DR 160 12780 HIGH BLUFF DR 160 IRVINE CA 92612-1612 SAN DIEGO CA 92130-2068 SAN DIEGO CA 92130-2068 PELA FUND VI LLC CLINT & WILMA PIERCE USIN I PISINGAN 12780 HIGH BLUFF DR 160 3876 CARTER DR PSC 824 PO BOX 761 SAN DIEGO CA 92130-2068 SOUTH SAN FRA 94080-3821 FPO AE 09623 MARILYN J POWELL. PTR-CALIFORNIA HOLDINGS DONALD RADY 2362 HOSP WAY 333 18818 TELLER AVE 277. 920 SEALANE DR C CARLSBAD CA 92008-1240 IRVINE CA 92612-1612 ENCINITAS CA 92024-5032 DONALD R RADY CHRISTOPHER B RANDOLPH RAYMOND S REIFEL 920 SEALANE DR C 2332 HOSP WAY 308 2380 HOSP WAY 238 ENCINITAS CA 92024-5032 CARLSBAD CA 92008-1222 CARLSBAD CA 92008-1232 CHARLES V ROBINSON RICHARD L ROMOSER SAITAMA N 2342 HOSP WAY 222 6876 CAMINITO MONTANOSO 4670 CONVOY ST CARLSBAD CA 92008-1237 SAN DIEGO CA 92119-2334 SAN DIEGO CA 92111-2314 SCOTT SECURITY CAPITAL PACIFI SELL 756 LAMAT RD 18818 TELLER AVE 277 PO BOX 1091 LA HABRA CA 90631-8325 IRVINE CA 92612-1612 CARLSBAD CA 92018-1091 ANWAR M SHADWARD JOHANNA M SHATSKY EARL L & GAIL SHELMAN 2332 HOSP WAY 208 27672 VIA REAL 2342 HOSP WAY 223 CARLSBAD CA 92008-1222 SUN CITY CA 92585-3611 CARLSBAD CA 92008-1237 BILLY Y SHEN IRA M & GLADYS SLAWSON JOSEPH SPINA 4506 W AVENUE 41 2130 SUNSET DR 143 2362 HOSP WAY 233 LOS ANGELES C 90065-4906 VISTA CA 92083-4523 CARLSBAD CA 92008-1231 - _. . CHRISTOPHER I SWALWELL 2336 HOSP WAY 213 CARLSBAD CA 92008-1224 WILLIAM A TAYLOR 3603 SANTA CLARA WAY CARLSBAD CA 92008-2167 CESAR TORRES 2340 HOSP WAY 218 CARLSBAD CA 92008-1225 RAYMOND J TAFEJIAN FRANKLIN M TAYLOR 2360 HOSP WAY 131 2362 HOSP WAY 133 CARLSBAD CA 92008-1230 CARLSBAD CA 92008-1231 ANTHONY R TERRALAVORO JERRY D THOMPSON 1621 WAGON WHEEL DR 2310 HOSP WAY 258 OCEANSIDE CA 92057-4904 CARLSBAD CA 92008-1219 TRU REALTY CORP TRUJILLO 225 SUMMIT AVE 3720 SIERRA MORENA AVE MONTVALE NJ 07645-1523 CARLSBAD CA 92008-2817 CRAIG R SC ROGER TURK VANDERBURG REAL EST HOL VANDERBURG TR 2340 HOSP WAY 217 12700 NORTHBOROUGH NOB 150 N SANTA ANITA AVE 6 CARLSBAD CA 92008-1225 HOUSTON TX 77067 ARCADIA CA 91006-3140 CATHERINE A VINSON VONS COMPANIES INC JIM & SUSAN WALSH 3193 CITRUS ST 150 N SANTA ANITA AVE 6 . 5330 LOS ROBLES DR LEMON GROVE C 91945-2214 ARCADIA CA 91006-3140 CARLSBAD CA 92008-4330 CHERYL Y WENTZELL TAM1 L WILLIAMS HENLEY V WORTHINGTON 2334 HOSP WAY 209 2360 HOSP WAY 329 12780 HIGH BLUFF DR 160 CARLSBAD CA 92008-1223 CARLSBAD CA 92008-1230 SAN DIEGO CA 92130-2068 PHYLLIS YAMAGUCHI PHYLLIS T YAMAGUCHI 12552 BRANDO ST 12552 BRANDO ST CERRITOS CA 90703-7108 CERRITOS CA 90703-7108 *** 110 Printed *** (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PU6LIC HEARING REQUEST Attached are the materials necessary for you to notice PP 74(I) - Plaza Gamin0 Real Temporary Promotional Sales Events for a public hearing before the City Council. Please notice the item for the council meeting of First Available Hearing . Thank you. January 25, 2001 Date hw wcLo pd-bhd a-s-or CHRISTOPHER I SWALWELL 2336 HOSP WAY 213 CARLSBAD CA 92008-1224 WILLIAM A TAYLOR 3603 SANTA CLARA WAY CARLSBAD CA 92008-2167 CESAR TORRES 2340 HOSP WAY 218 CARLSBAD CA 92008-1225 CRAIG R & ROGER TURK 2340 HOSP WAY 217 CARLSBAD CA 92008-1225 CATHERINE A VINSON 3193 CITRUS ST LEMON GROVE C 91945-2214 CHERYL Y WENTZELL 2334 HOSP WAY 209 CARLSBAD CA 92008-1223 PHYLLIS YAMAGUCHI 12552 BRANDO ST CERRITOS CA 90703-7108 *** 110 Printed *** it4YMOND J TAFEJIAN FRANKLIN M TAYLZR 2360 HOSP WAY 131 2362 HOSP WAY 133 CARLSBAD CA 92008-1230 CARLSBAD CA 92308-1231 ANTHONY R TERRALAVORO JERRY D THOMPSON 1621 WAGON WHEEL DR 2310 HOSP WAY 258 OCEANSIDE CA 92057-4904 CARLSBAD CA 92008-1219 TRU REALTY CORP TRUJILLO 225 SUMMIT AVE 3720 SIERRA MORENA AVE MONTVALE NJ 07645-1523 CARLSBAD CA 92008-2817 VANDERBURG REAL EST HOL 12700 NORTHBOROUGH NOB HOUSTON TX 77067 VONS COMPANIES INC 150 N SANTA ANITA AVE 6 ARCADIA CA 91006-3140 1230 TAM1 L WILLIAMS 2360 HOSP WAY 329 CARLSBAD CA 92008- CERRITO CA 90703-7108 \ VANDERBURG TR 150 N SANTA ANITA AVE 6 ARCADIA CA 91006-3140 JIM & SUSAN WALSH 5330 LOS ROBLES DR CARLSBAD CA 92008-4330 HENLEY V WORTHINGTON 12780 HIGH BLUFF DR 160 SAN DIEGO CA 92130-2068 notice has been mailed to ,‘\ all properly ownerstoccupants listed herein. Date: \\~lS-Oo - GREAT WESTERN BANK 150 N SANTA ANITA AVE 6 ARCADIA CA 91006-3140 EDWARD S GWIN 2600 KENTMOOR RD BLGOMFIELD HI 48304-1524 JAMES R HILL 3271 NOYA WAY OCEANSIDE CA 92056-3242 GRILL NORBERT 2330 HOSP WAY 304 CARLSBAD CA 92008-1221 STEPHEN A HARDLEY 1301 MILBURN AVE REDLANDS CA 92373-5466 YUTAKA HIRABAYASHI 2336 HOSP WAY 216 CARLSBAD CA 92008-1224 CARLSBAD L GR",%-2 12780 HIGH BLj'FF 33. 16,' SAN DIEGO CA 92:35-,,53 J MICHAEL G HATCH 7220 BABILONIA ST CARLSBAD CA 92009-6510 STANLEY W HOFFMAN 3471 VALLEY ST CARLSBAD CA 92008-2636 JERRY A HUBER PETER E & JUNE HUEBNER TIMOTHY J HURLBUT 3733 VIA BALDONA 2310 HOSP WAY 158 2340 HOSP WAY 318 OCEANSIDE CA 92056-7217 CARLSBAD CA 92008-1219 CARLSBAD CA 92008-1225 LOUIS R ISLANDER DONALD L JABBAR CHERYL L JIMENEZ 5457 E ANAHEIM RD 246 E CHESTER ST 1 9437 MOUNT ISRAEL RD LONG BEACH CA 90815-4324 LONG BEACH NY 11561-2203 ESCONDIDO CA 92029-8004 ERIC J JONGEWAARD FRED J KELLENBERGER RICHARD C KELLY 2344 HOSP WAY 326 999 N PACIFIC ST G309 2770 SUNNY CREEK RD CARLSBAD CA 92008-1238 OCEANSIDE CA 92054-2083 CARLSBAD CA 92008-7134 LINDA L KOSAREFF EDWARD E LAVOIE DARWIN S LEE 2008 HARBOR DR N 210 1570 BOULDER CREEK RD 2380 HOSP WAY 338 OCEANSIDE CA 92054-1039 OCEANSIDE CA 92056-2926 CARLSBAD CA 92008-1241 YONGSHENG LIANG LAWRENCE LUEVANO RUTHM MADIGAN 2334 HOSP WAY 310 2332 HOSP WAY 106 PO BOX 88536 CARLSBAD CA 92008-1236 CARLSBAD CA 92008-1235 STEILACOOM WA 98388-0536 WANDA L MAGANA VIRGIL MAGISTRALE MERVYNS INC 270 PACIFIC AVE 2334 HOSP WAY 112 MERVYNS 86 CARLSBAD CA 92008-2245 CARLSBAD CA 92008-1223 MINNEAPOLIS M 55402 WILLIAM G MEYER CLINT A MILLER ISAAC R MINOR PO BOX 841 2362 HOSP WAY 334 2362 HOSP WAY 236 CARLSBAD CA 92018-0841 CARLSBAD CA 92008-1240 CARLSBAD CA 92008-1231 d - J MARTIN L ACOSTA 450 E OLIVE ST CORONA CA 92879-2452 AZALEA INC 1850 MT DIABLO BLVD 250 WALNUT CREEK 94596-4428 J DAVID C BLASKO 605 STEWART AVE IMCD GARDEN CITY N111530-4703 J VIVIEN G ANDERS 2310 HOSP WAY 157 CARLSBAD CA 92008-1219 J PAUL C & CLAUDINE BAKER PO BOX 515 PAHRUMP NV 89041-0515 J RICHARD W BOWMAN 2332 HOSP WAY 307 CARLSBAD CA 92008-1222 I/ ROBERT & WAY AXCLL 610 WARWICK AVE THOUSAND OAKS 91362-3':s - J SCOTT R BINTLIFF 2330 HOSP WAY 101 CARLSBAD CA 92008-1221 BRADFORD 2336 HOSP WAY 313 CARLSBAD CA 92008-1224 ROBERT R BRIGGS ROSE K BURR C T OPERATING PARTNERSH 2336 HOSP WAY 215 2360 HOSP WAY 229 3500 N SEPULVEDA BLVD CARLSBAD CA 92008-1224 CARLSBAD CA 92008-1230 MANHATTAN BEA 90266-3631 CAPONI-MITCHELL JOINT V SCOTT T CARTER . CENTURY DEVELOPMENT 1010 2ND AVE 1422 1566 LUCKY ST PO BOX 1312 SAN DIEGO CA 92101-4905 OCEANSIDE CA 92054-5927 SOLANA BEACH 92075-7312 KIN-HANG CH0 DEBORAH K CHRISTENSEN PAULETTE M CIMMARUSTI 2332 HOSP WAY 207 2360 HOSP WAY 331 2334 HOSP WAY 210 CARLSBAD CA 92008-1222 CARLSBAD CA 92008-1230 CARLSBAD CA 92008-1223 LAURIE J COHEN DAVID D CRAIG DEPARTMENT OF VETERANS 2332 HOSP WAY 205 2312 HOSP WAY 255 11000 WILSHIRE BLVD CARLSBAD CA 92008-1222 CARLSBAD CA 92008-1220 LOS ANGELES C 90024-3602 DEVINS BENJAMIN DOUGLAS DAVID L DOWNEY 1370 BUENA VISTA WAY 2362 HOSP WAY 335 2722 VANCOUVER ST CARLSBAD CA 92008-1535 CARLSBAD CA 92008-1240 CARLSBAD CA 92008-1366 KATHLEEN M EVERETT TERRY FARRELL DEBRA M GERHART PO BOX 263 2344 HOSP WAY 127 2344 HOSP WAY 125 AVALON CA 90704-0263 CARLSBAD CA 92008-1227 CARLSBAD CA 92008-1227 TERESA L GOAR RORY S & BARBARA GOREE ERNEST C GRANT 3581 RIDGE RD 7146 N 58TH DR B 2342 HOSP WAY 122 OCEANSIDE CA 92056-4952 GLENDALE AZ 85301-2460 CARLSBAD CA 92008-1226 - ROWLEY PETROLEM CORP 2235 FARADAY AVE 0 CARLSBAD CA 92008-7215 ADELINE M LARAMY 2333 NICKLAUS DR OCEANSIDE CA 92056-3702 JIM & ROSEMARIE DUNN 4316 CASANNA WAY 306 OCEANSIDE CA 92057-7620 KUNIKO JOHNSON 1800 RATCLIFF RD CARLSBAD CA 92008-1042 DONNA STEVENS 1811 RATCLIFF'RD CARLSBAD CA 92008-1042 ERIC V & ANGIE YOKES 1798 GUEVARA RD CARLSBAD CA 92008-1019 CHARLES J CONTRERAS 1812 GUEVARA RD CARLSBAD CA 92008-1021 TRUMAN J RICHARDSON 1821 GUEVARA RD CARLSBAD CA 92008-1021 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084-6240 VISTA WAY&78 L L C 2169 HAWLEY DR VISTA CA 92084-2616 PACIFIC COAST PLAZA 2235 FARADAY AVE 0 INV CARLSBAD CA 92008-7215 VIRGIE N RAVETZ 2265 HIGHImJD DR CARLSBAD CA 92008-1023 ROBERT C SIEGEL 2300 PI0 PICO DR CARLSBAD CA 92008-1036 C K & SUSAN ROUSH 1810 RATCLIFF RD CARLSBAD CA 92008-1042 HUBERT D MAST. 1801 RATCLIFF RD CARLSBAD CA 92008-1042 PAUL J ECKENROAD 1800 GUEVARA RD CARLSBAD CA 92008-1021 JOE N SMITH 1814 GUEVARA RD CARLSBAD CA 92008-1021 KAREN M BLUMENSHINE 15 SAINT ANN DR SANTA BARBARA 93109-1238 CRAIG J & ROSE MOHNACKY 4783 GATESHEAD RD CARLSBAD CA 92008-6579 PLAZA CAMINO REAL 11601 WILSHIRE BLVD LOS ANGELES C 90025-1770 3RIAN P BATE!?AN 3340 RIDGZCRSST DR CARLSBAD CA 92008-222' &LOS PRIM0 2255 HIGHLAND DR CARLSBAD CA 92008-1023 CLAYTON C MCANDREW 1790 RATCLIFF RD CARLSBAD CA 92008-1041 APRIL C WOODS 1821 RATCLIFF RD CARLSBAD CA 92008-1042 INTERVIVOS T BREEN 1799 RATCLIFF RD CARLSBAD CA 92008-1060 RUDY H MORENO 1810 GUEVARA RD CARLSBAD CA 92008-1021 TERESA FRY 1831 GUEVARA RD CARLSBAD CA 92008-1021 HARRY T & KATHY MARTIN 2440 LORNA LN CARLSBAD CA 92008-1034 BALLANTYNE W LAURA PO BOX 86673 SAN DIEGO CA 92138-6673 CARLSBAD WOODBRIDGE HOM 2879 WOODRIDGE CIR CARLSBAD CA 92008-1162 - - AZAM M MIRSHOJAEE 4998 CRESTVIEW DR CARLSBAD CA 92008-3794 MICHAEL P MORIOKA 12575 RUETTE ALLIANTE 1 SAN DIEGO CA 92130-3540 LEROY F ?IORR:S 114 S MYERS ST B OCEANSIDE CA 92054-23'-; KRISTY K NIEDERKORN 2342 HOSP WAY 323 CARLSBAD CA 92008-1237 LESTER & FREDA OWEN 1339 CRESTVIEW RD REDLANDS CA 92374-6322 PELAFUNDVILLC 12780 HIGH BLUFF DR 160 SAN DIEGO CA 92130-2068 PELA FUND Y'i SAN DIEGO 92130-2068 P T R CALIFORNIA HOLDIN 18818 TELLER AVE 277 IRVINE CA 92612-1612 DR 160 92130-2068 CLINT & WILMA PIERCE 3876 CARTER DR SOUTH SAN FRA 94080-3821 USIN I PISINGAN PSC 824 PO BOX FPO AE 09623 DONALD RADY 920 SEALANE DR 761 C MARILYN J POWELL 2362 HOSP WAY 333. CARLSBAD CA 92008-1240 PTR-CALIFORNIA HOLDINGS 18818 TELLER AVE 277 IRVINE CA 92612-1612 ENCINITAS CA 92024-5032 CHRISTOPHER B RANDOLPH 2332 HOSP WAY 308 CARLSBAD CA 92008-1222 RAYMOND S REIFEL 2380 HOSP WAY 238 CARLSBAD CA 92008-1232 CHARLES V ROBINSON 2342 HOSP WAY 222 CARLSBAD CA 92008-1237 RICHARD L ROMOSER 6876 CAMINITO MONTANOSO SAN DIEGO CA 92119-2334 SAITAMA N 4670 CONVOY ST SAN DIEGO CA 92111-2314 SCOTT 756 LAMAT RD LA HABRA CA 90631-8325 SECURITY CAPITAL PACIFI 18818 TELLER AVE 277 IRVINE CA 92612-1612 SELL PO BOX 1091 CARLSBAD CA 92018-1091 ANWARM SHADWARD 2332 HOSP WAY 208 CARLSBAD CA 92008-1222 JOHANNAM SHATSKY 27672 VIA REAL SUN CITY CA 92585-3611 EARL L & GAIL SHELMAN 2342 HOSP WAY 223 CARLSBAD CA 92008-1237 BILLY Y SHEN 4506 W AVENUE 41 LOS ANGELES C 90065-4906 IRA M & GLADYS SLAWSON 2130 SUNSET DR 143 VISTA CA 92083-4523 JOSEPH SPINA 2362 HOSP WAY 233 CARLSBAD CA 92008-1231 J PROOF OF PUBLICATION (2010 & 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, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; 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: March 20, 2001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Marcos , California 20th this day March. 2001 This space is for the County Clerks Filing Stamp 1/ . . I., i ;. : I ;I ,,,r-r- , if; ! I% Proof of Publication of Notice of Public Hearing lWbT1CE OF NOTICE IS HERE6”‘GiVhl ta the City Council of the Cii of Carl&ad will hofd a public hearing at the Council Chambers, 1200 Cartsbad Wage4Mve&a&bad, $Wfc@a, at 8:oO p.m. on Tuesday, Aprfl ,8, .2001, to ~censfde~+,a~ rwest for %I PmcfeePlan Amendment to ally #re cccasiopaf use oMM?Pfaza Cam&d b$W pMfng %%bZE%%&of 7 aleuedevms wkpropertygenemw4met &F&vi enbw S&e@ in Lo&f fAmgmmtZ~t-arwnlor6~la~~~ 1 .,+. i ‘I. ., Lot 27 of Carl&ad Tract No. 7838, BocpFI#RQ t@ Map No. IEBSB, fifed in’fhe Office of the Counly Recorder M the County of San dego on August,.1 1% 1878, in .the Cky d Carlsbad, County of San Diego, State of Caffbmf+ Those persons -wfshing fa’8peak dn this p&pcsal are ccrdfaify invited% attend the public hearing. Copies of the staff report will be available on and after March 80.2881. If vcu have anv auestions. clease call Mike Grim in tg2Qrring ‘Department at (760) ’ ’ : I- If you challenge the Precise 1 ” Amendment in court, you may be limited to raising cnly those issues you or somecne else raised at the public hearing described in’this noti@ or. in written correspcnde’nce delivered to the Cii of Carfsbad at or prior to the public hearing. CASE FILE: PP 24(l) : ” *’ CASE NAME: Pti CAMfNd ’ REAL TEMP0f-W~ wofdo3oN~ sus EVENTS ClTY OF CARLSBAD JANICE BREITENFELD DEPUTY CITY CLERK Legal 69844. March 2Cr, 2001 NORTH COUNTY TIMES Legal Advertising PROOF OF PUBLICATION (2010 & 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 This space is for the County Clerk’s Filing Stamp formerly known as the Blade-Citizen and The Proof of Publication of Times-Advocate and which newspapers have Notice of Public Hearing been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido. Oceanside. Carlsbad. Solana Beach and San Diego County; that the notice of WV-‘- ‘I I ’ the annexed is a printed copy smaller than nonpareil), has been l#6TlCE OP PUBUtC HEARMQ each regular and entire issue of unTlfi= IS HglEWGlVEN .jhat the Cii Councit of the Ci of Carlebad w R” I I”& and not in any supplement thereof on h&d n I-,, , ,“,” 51 ,ublic hearing at the Council Chambers, 1200 Carl&ad Villa& Ddvc following dates, to-wit: karlsbad; California, at 6:0@p.m. on Tuqda& March 13, 2001, to ctieider request for a Precise Plan Amenbreent ‘!$I alloiv w occasional us@ of tt’rs Play February 26, 2001 Camino ReGl jkkiig lot for outdoor promotional sales eWttS, on property‘ genefdly’located i ihn nnrthaant comer of Marron Road and Monroe Ftreej in Local Facilities ManagemePt &t’te .I l” . .“. “._I. 1 ‘andmoreparticuMydeecr@d~:: .’ /, ‘. 1 I certify (or declare) under penalty I certify (or declare) under penalty of perjury IJJ, the foreaoina the foregoing is true and correct. San Marcos Dated at this 26th -.--., li_ _,. CASE kIdE: P&A t$Mlf+4? REAL TEMP~~~Y / PlxxqwAL SALE& EVENTS !. NORTH COUNTY TIMES Legal Advertising