HomeMy WebLinkAbout2005-08-16; City Council; 18254; C-T Zone & TR Land Use Designation Amendment15
AB# 18,254
MTG. 8/16/05
DEPT. PLN
CITY OF CARLSBAD -AGENDA BILL
~~ ~
TITLE:
C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENT
GPA 02-03ECA 02-02/LCPA 02-06/SPI 86(B)
c, d a, m P (d
Q k (d
(d PI
3
4 \ 0 \ U
b G N I In 0 0 hl
0 z
d 0 *rl c, =r d 0 m a, ffi
a a, c, a 0 Q (d
a C (d
0 G P I m z
0 z
a, 0 d (d C Ti Q k 0
Q a, u 1 Q 0 k c, d -rl
4 *rl u d 3 0 u .. z 0 F 0 a
J G z 3 0 0
6
‘8
*. - ‘
Planning City Coastal
Commission Council Commission
NEGATIVE DECLARATION RA X
GPA02-03 RA X
ZCA02-02 RA X
LCPA02-06 RA X 0
**
~ ~ ~ ~~ ~
RECOMMENDED ACTION:
I SP 186 (B)
- DEPT. HD.
** RA X
CITY ATTY. @
CITY MGR)e--
That the City Council INTRODUCE Ordinance No. NS-769 , APPROVING amendments to
the C-T Zone regulations in the Zoning Ordinance (Zone Code Amendment - ZCA 02-02), and the
description of “tourist oriented uses” in Specific Plan 186 (Specific Plan Amendment - SP 186(B));
and ADOPT Resolution No. 2005-267 , ADOPTING a Negative Declaration and
APPROVING amendments to the description of the TR land use designation in the General Plan
(General Plan Amendment - GPA 02-03), and amendments to the Local Coastal Program to apply
the amendments specified in ZCA 02-02 within the Coastal Zone, and an amendment to the
definition of “visitor-serving commercial” in the Mello II Segment of the Local Coastal Program (Local
Coastal Program Amendment - LCPA 02-06), based upon the findings contained therein.
ITEM EXPLANATION:
The project consists of an amendment to: 1) the description of the TR land use designation in the
Land Use Element of the General Plan; 2) the C-T zone regulations in the Zoning Ordinance; 3) the
definition of “visitor-serving commercial” in the Local Coastal Program; and 4) the description of
“travel oriented uses” in Specific Plan 186 (the specific plan applies to properties located north of
Poinsettia Lane, west of Interstate 5 and east of Avenida Encinas). The purpose of the proposed
amendments is to ensure consistency between the General Plan and Zoning Ordinance. The
proposed amendments include the following:
GENERAL PLAN AMENDMENT:
1. Amend the description of the TR land use designation in the Land Use Element of the General
Plan by clarifying the intent of the designation, and providing more examples of the types of uses
intended to be developed in areas designated TR.
ZONING ORDINANCE/LOCAL COASTAL PROGRAM AMENDMENT:
1. Clarify the intent and purpose of the C-T zone.
2. Eliminate the requirement for a minimum three-acre C-T zone district.
3. Reformat the C-T zone chapter to be consistent with the new ordinance format, and list all
permitted and conditionally permitted uses.
I
PAGE 2 OF AGENDA BILL NO. 18,254
4. Modify the list of permitted and conditionally permitted uses in the C-T zone to better implement
the TR land use designation (i.e. add more uses to the list of permitted uses, and delete uses
that are not consistent with the intent of the C-T zone and TR land use designation).
LOCAL COASTAL PROGRAM AMENDMENT (LCP MELLO II SEGMENTL
1. Modify the definition of “visitor-serving commercial” in the Mello II Segment of the LCP to be
consistent with the amendments proposed to the TR land use designation and C-T zone.
SPEClFlCL PLAN AMENDMENT (SPI 86(B))/LOCAL COASTAL PROGRAM AMENDMENT:
1. Modify the description of “travel oriented uses” in Specific Plan 186 to be consistent with the
amendments proposed to the TR land use designation and C-T zone.
The proposed amendments are part of a larger, City-initiated project called the “General Plan/Zoning
Consistency Program” (GPZCP). The GPZCP is a multi-part project aimed at achieving consistency
between the General Plan and Zoning Ordinance. The current proposal is focused on achieving
consistency between the TR (TraveVRecreation Commercial) policies in the General Plan and the
C-T (Commercial Tourist) zone regulations in the Zoning Ordinance.
On July 20, 2005, a public hearing was held by the Planning Commission to consider the proposed
amendments. The Planning Commission voted 5-0 (two Commissioners absent) to recommend
approval of the project with a recommendation to eliminate “escort services” as a conditionally
permitted use in the C-T zone.
Pursuant to Conditional Uses - Chapter 21.42 of the Zoning Ordinance, “escort services” is currently
a use that is allowed with a conditional use permit in all zones, except residential zones and the
Community Facilities zone. During the review of the project, staff did not identify “escort services’’ as
a use that is inconsistent with the intent of the C-T zone, and therefore recommended that it remain
as a conditionally permitted use in the C-T zone.
During Planning Commission discussion, two Commissioners expressed that “escort services”
should not be permitted in the city. The Deputy City Attorney recommended the Commission review
elimination of the use on a citywide basis, rather than eliminating it in a piecemeal fashion (zone by
zone). However, the Commission voted unanimously to recommend elimination of “escort services”
from the C-T zone.
Two persons from the public spoke on the item. Jack Henthorn, representing the Hadley Trust,
indicated that his client is in support of the proposed amendments (prior to the meeting, the Planning
Commission received a letter of support for the project from Wesley Witt, Trustee of the Hadley Trust - Exhibit 4). The Hadley Trust owns property located within the C-T Zone, south of Palomar Airport
Road on the west side of Paseo Del Norte (previous Hadley Market site). Robert Mance also spoke
in regard to the project. Mr. Mance indicated that he has an interest in redeveloping the Hadley
property and had questions regarding development standards. Minutes from the Planning
Commission hearing are attached to this agenda bill (Exhibit 5) and reflect the discussion of the
Commission, staff, Deputy City Attorney and public in regard to this project.
ENVIRONMENTAL:
The Planning Commission has determined that the proposed project could not have a significant
effect on the environment, and recommends adoption of a Negative Declaration. The Negative
Declaration is attached to City Council Resolution No. 2005-267 .
a
PAGE 3 OF AGENDA BILL NO. 18,254
FISCAL IMPACT:
The only anticipated fiscal impact would be from staff time required to complete the amendment
process through the Coastal Commission, and to process future development proposals subject to
the amended policies and regulations.
EXHIBITS:
1. City Council Ordinance No. m7W
2. City Council Resolution No. 2005-267
3.
4.
5.
6.
Planning Commission Resolutions No. 5924, 5925, 5926, 5927 and 5928
Planning Commission Staff Report, dated July 20, 2005
Draft Excerpts of Planning Commission Minutes, dated July 20, 2005
Letter from Wesley Witt (Trustee for the Hadley Family Trust), addressed to the Planning
Commission, dated July 18, 2005.
DEPARTMENT CONTACT: Jennifer Jesser, (760) 602-4637, jjess@ci.carlsbad.ca.us
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
ORDINANCE NO. NS-769
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
TOURIST ZONE REGULATIONS TO ACHIEVE CONSISTENCY
WITH THE TR LAND USE DESIGNATION OF THE GENERAL
PLAN, AND AMENDING SPECIFIC PLAN 186 (SP 186(B)) TO
ENSURE CONSISTENCY WITH CHAPTER 21.29 OF THE
MUNICIPAL CODE BY AMENDING THE C-T COMMERCIAL-
MU N IC I PAL CODE (C-T COM MERCl AL-TO U Rl ST ZONE).
CASE NAME: C-T ZONE AND TR LAND USE DESIGNATION
AMENDMENTS
CASE NO.: ZCA 02-02 I SP186 (6)
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a Zone Code Amendment (ZCA 02-02) to amend Chapter 21.29 of the Carlsbad
Municipal Code (C-T Commercial-Tourist Zone) to more accurately implement the TR
TraveVRecreation Commercial land use designation of the General Plan; and
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a Specific Plan Amendment (SP 186(B)) to revise the list of uses permitted in Area
B (Travel Oriented Uses) of Specific Plan 186 to ensure consistency with the C-T Commercial-
Tourist Zone of the Carlsbad Zoning Ordinance, and update terminology used throughout
Specific Plan 186 for consistency with the Zoning Ordinance and General Plan; and
WHEREAS, after procedures in accordance with the requirements of law, the
City of Carlsbad has determined that the public interest indicates that said amendment to the
Zoning Ordinance (ZCA 02-02) and amendment to Specific Plan 186 (SP 186(B)) be approved.
NOW THEREFORE, the City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That the amendment to Specific Plan 186 (SP 186(B)), is approved
as shown in Planning Commission Resolution No. 5928, on file with the City Clerk and
incorporated herein by reference.
SECTION 2: That Chapter 21.08 of the Carlsbad Municipal Code is amended to
read as follows:
I//
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
Chapter 21.29
C-T COMMERCIAL TOURIST ZONE
Sections:
21.29.01 0 Intent and purpose.
21.29.020 Location.
21.29.030 Permitted Uses.
21.29.040 Building height.
21.29.050 Placement of buildings.
21.29.01 0 Intent and purpose.
A.
1.
2.
The intent and purpose of the C-T Commercial Tourist Zone is to:
Implement the TravellRecreation Commercial (TR) Land Use designation of the
Carlsbad General Plan; and
Provide for the development of tourist-oriented attractions and commercial uses
that serve the travel and recreational needs of tourists, residents, as well as employees of
business and industrial centers; and
3. Provide regulations and development standards to ensure such uses are
compatible with and designed to protect surrounding properties, ensure safe traffic circulation,
and promote economically viable tourist-oriented areas of the City.
21.29.020 Location.
It is intended that the C-T Commercial-Tourist Zone be placed on properties
located near major transportation corridors or recreation areas as designated by the general
plan and any applicable specific plans.
A.
21.29.030 Permitted Uses.
In the C-T Commercial-Tourist Zone, notwithstanding any other provision of this
title, only the uses and structures listed in Table A, below, shall be permitted, subject to the
requirements of this chapter and the development standards provided in Chapters 21.41 and
21.44.
The uses and structures permitted by conditional use permit, as indicated in
Table A, shall be subject to the provisions of Chapters 21.42 and 21 50.
Uses similar to those listed in Tables A and B may be permitted if the planning
director determines such similar use falls within the intent and purpose of this zone, and is
substantially similar to a specified permitted use.
A use category may be general in nature, where more than one particular use fits
into the general category (e.g., in some commercial zones “offices” is a general use category
that applies to various office uses). However, if a particular use is permitted by conditional use
permit in any zone, the use shall not be permitted in a zone (even under a general use
category), unless it is specifically listed in the zone as permitted or conditionally permitted.
A.
B.
C.
D.
I//
I//
I//
-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
TABLE A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
0 “Acc” indicates use is permitted as an accessory use.
USE
Accessory uses/structures, which are customarily appurtenant to a
permitted use (e.g., incidental storage facilities) (see note 1, below)
(defined: Section 21.04.020)
Agricultural farmworker housing (temporary), subject to Section
21.42.010(2)(M)
Airports
Amusement parks
Aquaculture (defined: Section 21.04.036)
Aquariums
Arcades (coin-operated), subject to Section 21.42.01 0(5)(U) (defined:
Section 21.04.091 1
Art galleries
Athletic clubs, gymnasiums, health clubs
ATM kiosks (see note 1, below)
Automobile rental (no auto repair)
Automobile service station, subject to Section 21.42.01 O(7)
Bait shops (accessory to a recreation facility)
Bars, cocktail lounges, subject to Section 21.28.01 5(4) (defined: Section
21.04.041)
Bed & Breakfasts, subject to Section 21.42.010(12)(A) (defined: Section
21.04.046)
Biological habitat preserve, subject to Section 21.42.01 0(15)(A) (defined:
Section 21.04.048)
Boat launching/docking facilities
Botanical gardens
Bowling alley, subject to Section 21.42.01 0(5)(T) (defined: Section
21.04.057)
Campsites (overnight), subject to Section 21.42.01 0(2)(H
Carwash (accessory to an automobile service station), subject to Section
21.28.01 5(61
Cemeteries
Churches, synagogues, temples, convents, monasteries, and other places
of worship
Commercial artisan studios/ retail (e.g., jewelry arts, painting, pottery, glass
blowing, etc.)
Cultural activities and facilities
Drive-thru facilities (not restaurant)
Educational institutions or schools, public/private (defined: Section
21.04.140)
Entertainment activities and facilities
Fairarounds
Farmers markets
-3-
P CUP Acc E
IxI
XI
t
X
X
X
X
X
X
X
XI
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
USE
Florists
TABLE A cont'd
Permitted Uses
P CUP Acc
X
Parking facilities (primary use) (i.e. day use, short-term, non-storage)
Photography equipment sales/services (cameras, supplies, film
development)
Pool halls/billiard parlors, subject to Section 21.42.01 0 (5)(X) (defined:
Section 21.04.292)
X
X
X
Produce stands 1x1
Public buildings 1x1
Public meeting halls, exhibit halls, and museums
Public/quasi-public accessory utility buildings and facilities (see note 3,
below)
Racetracks
Radio/television/microwave/broadcast statiodtower
Recreation facilities
Recycling collection facilities (small or large), subject to Chapter 21.105
(defined: Section 21.05.01 5)
Recycling, reverse vending machines, subject to Chapter 21 .lo5 (see note
1, below)
Restaurants (located adjacent to residentially developed or designated
property, no drive-thru)
Retail (specialty - catering to tourists) (e.g., antique stores, bookstores,
souvenir/gift/novelty shops, specialty apparel shops)
Satellite TV antennas, subject to Sec. 21 53.1 30 - 21 53.1 50 (see note 1,
below) (defined: Section 21.04.302)
Services (personal), limited to drycleaners, laundromats, and personal
grooming (e.g., barbershops, beauty salons, day spas)
Signs, subject to Chapter 21.41 (see note 1, below) (defined: Section
Restaurants, cafes, coffee shops, including take-out only (no drive-thru)
-4-
X
X
X
X
X
X
X
X
X
X
X
X
V
7
.. 2 1: 04.305 j
Sporting equipment/apparel saledrental
A
X
Stadiums 1x1 Theaters (motion Picture or live) - indoor 1x1
Theaters, stages, amphitheaters - outdoor
Timeshare projects, subject to Section 21.42.01 0(1 O)(A) (defined: Section
21.04.357)
X
X
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
USE
Tourist information centers
Transit passenger terminals (bus i3 train)
Travel agencies
Vacation rental office
Video rentalkales
P CUP Acc
X
X
X
X
X
Windmills (exceeding height limit), subject to Section 21.42.01 0(5)(AA)
Zoos (private), subject to Section 21.42.010(2)(K)
Note:
Accessory uses shall be developed as an integral part of a permitted use within
or on the same structure or parcel of land.
A conditional use permit is not required for a golf course if it is approved as part
of a master plan for a planned community development.
Public/quasi-public accessory utility buildings/facilities include, but are not limited
to, water wells, water storage, pump stations, booster stations, transmissionldistribution
electrical substations, operating centers, gas metering/regulating stations, or telephone
exchanges, with the necessary accessory equipment incidental thereto. A CUP shall not be
required for those utility buildings/facilities that are built, operated or maintained by a public
utility to the extent they are regulated by the California Public Utilities Commission.
1)
2)
3)
X
X
21.29.040 Building height.
No building in the C-T zone shall exceed a height of thirty-five feet or three levels
and allowed height protrusions as described in Section 21 -46.020 shall not exceed forty-five
feet. Additional building height may be permitted to a maximum of forty-five feet through a site
development plan approved by the city council provided that:
The building does not contain more than three levels; and
All required setbacks shall be increased at a ratio of one horizontal foot for every
one foot of vertical construction beyond thirty-five feet. The additional setback area will be
maintained as landscaped open space; and
The building conforms to the requirements of Section 18.04.170 of this code; and
The allowed height protrusions as described in Section 21.46.020 do not exceed
forty-five feet; with the exception of architectural features such as flagpoles, steeples or
architectural towers which may be permitted up to fifty-five feet if the council makes the specific
findings that the protruding architectural features:
A.
1.
2.
3.
4.
a.
b.
C.
d.
Do not function to provide usable floor area; and
Do not accommodate and/or screen building equipment; and
Do not adversely impact adjacent properties; and
Are necessary to ensure a building’s design excellence.
21.29.050 Placement of buildings.
On any lot where the side or rear lot line abuts property in any R zone and no
alley intervenes, no building shall be erected closer than ten feet to such lot line; provided,
further, if such a lot abuts upon an alley, no building shall be erected closer than five feet to the
rear lot line of such lot.
A.
SECTION 3: That the findings of the Planning Commission as set forth in
Planning Commission Resolutions No. 5925 , 5927 and 5928 constitute the findings of the City
Council.
-5- 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
EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after
its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become
effective within the City’s Coastal Zone until LCPA 02-06 is approved by the California Coastal
Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 16th day of AUGUST 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-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
RESOLUTION NO. 2005-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION FOR A GENERAL PLAN AMENDMENT, ZONE
CODE AMENDMENT, LOCAL COASTAL PROGRAM
AMENDMENT, AND SPECIFIC PLAN AMENDMENT; AND
APPROVING SAID GENERAL PLAN AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT.
CASE NAME: C-T ZONE AND TR LAND USE DESIGNATION
AMENDMENTS
CASE NO.: GPA 02-03/ZCA 02-02/LCPA 02-06/SP 186(B)
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, the Planning Commission did on July 20, 2005, hold a duly noticed
public hearing as prescribed by law to consider the Negative Declaration, General Plan
Amendment (GPA 02-03), Zone Code Amendment (ZCA 02-02), Local Coastal Program
Amendment (LCPA 02-06), and Specific Plan Amendment (SP 186(B)) to amend: a) the
description of the TR land use designation in the Land Use Element of the General Plan; b) the
C-T Zone regulations in the Zoning Ordinance; c) the definition of “visitor-serving commercial” in
the Local Coastal Program; and d) the description of “tourist oriented uses” in Specific Plan 186.
WHEREAS, the Planning Commission adopted Planning Commission
Resolutions No. 5924, 5925, and 5927 recommending to the City Council that the Negative
Declaration be adopted, and GPA 02-03 and LCPA 02-06 be approved; and
WHEREAS, the City Council did on the 16th day of AUGUST 2005,
hold a duly noticed public hearing as prescribed by law to consider the Negative Declaration,
General Plan Amendment, Zone Code Amendment, Local Coastal Program Amendment, and
Specific Plan Amendment;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all
factors relating to the Negative Declaration, General Plan Amendment, Zone Code
Amendment, Local Coastal Program Amendment, and Specific Plan Amendment;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, the City Council of the City of Carlsbad, California does
hereby resolve as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in Planning Commission
Resolutions No. 5924, 5925 and 5927 constitute the findings of the City Council in this matter.
3. That the Negative Declaration is adopted as shown in Planning
Commission Resolution No. 5924, on file with the City Clerk and incorporated herein by
reference.
That the amendment to the General Plan (GPA 02-03), as shown in
Planning Commission Resolution No. 5925, is hereby accepted, approved in concept, and
shall formally be approved with GPA Batch No. 2 of 2005.
That the amendment to the Local Coastal Program (LCPA 02-06), is
approved as shown in Planning Commission Resolution No. 5927, on file with the City Clerk
and incorporated herein by reference.
That the approval of LCPA 02-06 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission’s
approval becomes effective.
4.
5.
6.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 16th day of AUGUST 2005, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Sigafoose
NOES: None
ABSENT: Council Member Packard
ATTEST:
-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
. -- EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5924
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A NEGATIVE DECLARATION FOR A
GENERAL PLAN AMENDMENT, ZONE CODE
AMENDMENT, LOCAL COASTAL PROGRAM
AMENDMENT AND SPECIFIC PLAN AMENDMENT TO
AMEND THE DESCRIPTION OF THE TR
(TRAVEL/RECREATION COMMERCIAL) LAND USE
DESIGNATION IN THE GENERAL PLAN, THE C-T
(COMMERCIAL-TOURIST) ZONE REGULATIONS IN THE
ZONING ORDINANCE, THE DEFINITION OF “VISITOR-
SERVING COMMERCIAL” IN THE MELLO I1 SEGMENT OF
THE LOCAL COASTAL PROGRAM, AND THE
DESCRIPTION OF ‘TRAVEL ORIENTED USES,’ IN SPECIFIC
PLAN 186.
CASENAME: C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
CASE NO.: GPA 02-03/ZCA 02-02LCPA 02-06/SP 186m)
WHEREAS, the Planning Director has prepared an amendment to the General
Plan, Title 21 of the Municipal Code (Zoning Ordinance), the Mello I1 Segment of the Local
Coastal Program, and Specific Plan 186 relating to traveYrecreation land use policies and
commercial-tourist zoning regulations; and
WHEREAS, a Negative Declaration was prepared in conjunction with said
project; and
WHEREAS, the Planning Commission did on the 20th day of July 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, examining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
12 A) That the foregoing recitations are true and correct.
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
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS ADOPTION of the Negative
Declaration (Exhibit "ND") according to the EIA Part I1 (Exhibit "PII") dated
April 20,2005, attached hereto and made a part hereof, based on the following
findings:
Findinm :
1. The Planning Commission has reviewed, analyzed and considered the Negative
Declaration for the C-T ZONE AND TR LAND USE DESIGNATION
AMENDMENTS (GPA 02-03, ZCA 02-02, LCPA 02-06 and SP 186(B)), the
environmental impacts therein identified for the project and any comments thereon prior
to RECOMMENDING APPROVAL of the project.
2. The Negative Declaration has been prepared in accordance with the requirements of the
California Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad.
3. It reflects the independent judgment of the Planning Commission of the City of Carlsbad.
4. Based on the EIA Part I1 and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of July 2005, by the
following vote, to wit:
AYES:
NOES:
Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
ABSENT: Commissioners Heineman and Montgomery n JEFFRE N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON Lz NEU
Assistant Planning Director
PC RES0 NO. 5924 -2- /3
NOTICE OF INTENT TO ADOPT A
NEGATIVE DECLARATION
CASE NAME:
CASE NO:
C-T ZONE AND T-R LAND USE DESIGNATION AMENDMENT
GPA 02-O3/ZCA 02-02LCPA 02-06/SP 186(A)
PROJECT LOCATION: NOT SITE SPECIFIC
PROJECT DESCRIPTION: The proposed General Plan, Zone Code, Local Coastal Program, and
Specific Plan Amendments consist of:
a) An amendment to the description of the T-R (Travemecreation Commercial) land use designation in the General Plan; and
b) An amendment to the C-T (Commercial-Tourist) Zone regulations (i.e. clarify intent and purpose, expand list of permitted uses, modify yard requirements) in the Zoning Ordinance; and
c) An amendment to the definition of “visitor-serving commercial” in the Local Coastal Program
(LCP); and
d) An amendment to the description of “travel oriented uses” in Specific Plan (SP) 186.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of
the above-described project pursuant to the Guidelines for Implementation of the California
Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a
result of said review, the initial study (EL4 Part 2) did not identify any potentially significant impacts on
the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of
Carlsbad Planning Commission and City Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative
Declaration are on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
Comments from the public are invited. Please submit comments in writing to the Planning Department
within 30 days of the date of this notice.
The proposed project and Negative Declaration are subject to review and approval/adoption by the City
of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those
public hearings are scheduled. If you have any questions, please call Jennifer Coon in the Planning
Department at (760) 6024637.
PUBLIC REVIEW PERIOD
PUBLISH DATE Auril27,2005
April 27,2005 through May 26,2005
@ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
- City of Carlsbad
NEGATIVE DECLARATION
CASE NAME:
CASE NO:
C-T ZONE AND T-R LAND USE DESIGNATION AMENDMENT
GPA 02-03 I ZCA 02-02 I LCPA 02-06 I SP 186(B)
PROJECT LOCATION: NOT SITE SPECIFIC
PROJECT DESCRIPTION:
The proposed General Plan, Zone Code, Local Coastal Program, and Specific Plan Amendments consist of:
a) An amendment to the description of the T-R (Travemecreation Commercial) land use designation in the General
Plan; and
b) An amendment to the C-T (Commercial-Tourist) Zone regulations @.e. clarify intent and purpose, expand list of permitted uses) in the Zoning Ordinance; and
c) An amendment to the definition of “visitor-serving commercial” in the Local Coastal Program (LCP); and
d) An amendment to the description of “travel oriented uses” in Specific Plan (SP) 186.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above-described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EM Part 2) did not identify
any potentially significant impacts on the environment, and the City of Carlsbad hds as follows:
The proposed project COULD NOT have a significant effect on the environment.
[7 The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially
sigmfkant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets.
(Negative Declaration applies only the effects that remained to be addressed).
Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant
effect in th~s case because all. potentially significant effects (a) have been analyzed adequately in an earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and
(b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or
NEGATIVE DECLARATION, including revisions or mitigation measures that are unposed upon the proposed
project. Therefore, nothmg further is required.
A copy of the initial study (EL4 Part 2) documenting reasons to support the Negative Declaration is on file in the
Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED: .2005
ATTEST:
DON NEU
Assistant Planning Director
15-
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.car1sbad.ca.u.s
.-
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
CASE NO: GPA 02-03 / ZCA 02-02 / LCPA 02-06 / SP 186(A)
DATE: April 20,2005
BACKGROUND
1.
2.
3.
4.
5.
6.
7.
8.
9.
CASE NAME: C-T Zone and T-R Land Use Designation Amendment
LEAD AGENCY NAME AND ADDRESS: City of Carlsbad - 1635 Faraday Avenue,
Carlsbad, CA 92008
CONTACT PERSON AND PHONE NUMBER: Jennifer Coon, Associate Planner -
(760) 602-4637
PROJECT LOCATION: Not site specific
PROJECT SPONSOR’S NAME AND ADDRESS: Same as Lead Agency. above.
GENERAL PLAN DESIGNATION: N/A - not site specific
ZONING: N/A - not site specific
OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits,
financing approval or participation agreements): California Coastal Commission (Local
Coastal Program Amendment)
PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING
LAND USES:
The proposed General Plan, Zone Code, Local Coastal Program, and Specific Plan
Amendments consist of:
a) An amendment to the description of the T-R (Travemecreation Commercial) land
use designation in the General Plan; and
b) An amendment to the C-T (Commercial-Tourist) Zone regulations (i.e. clarify intent
and purpose, expand list of permitted uses, modify yard requirements) in the Zoning
Ordinance: and
c) An amendment to the definition of “visitor-serving commercial” in the Local Coastal
Program (LCP); and
d) An amendment to the description of “travel oriented uses” in Specific Plan (SP) 186.
The amendments are proposed in order to ensure consistency between the General Plan,
Zoning Ordinance, LCP, and SP 186. The proiect applies to policies and regulations that
are apulicable to properties citvwide. There is no specific proiect site with a specific
environmental setting or surrounding land uses.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this
project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially
Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the
following pages.
Aesthetics [7 Geology/Soils
Agricultural Resources Hazards/Hazardous
0 Air Quality
0 Biological Resources
0 Cultural Resources
Materials
0 HydrologyNater Quality
Land Use and Planning
[7 Mineral Resources
[7 Noise
0 Population and Housing
[7 Public Services
Recreation
[7 TransportatiodCirculation
Utilities & Service Systems
Mandatory Findmgs of
Significance
DETERMINATION.
(To be completed by the Lead Agency)
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a simcant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have “potentially significant irapact(s)” on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis
as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in hs case because all potentially significant effects (a) have been analyzed
adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION
pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required.
h ‘il
Assistant Planning Director’s Signature Date
3 Rev. 07fQ3IQ2
.. . --
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be unpacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or
to rely on a previously approved EIR or Negative Declaration.
A brief explanation is required for all answers except ‘Wo Impact” answers that are adequately supported
by an information source cited in the parentheses following each question. A “NO Impact” answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved. A “No Impact” answer should be explained when there is no source
document to refer to, or it is based on project-specific factors as well as general standards.
“Less Than Sipficant Impact” applies where there is supporting evidence that the potential impact is not
significantly adverse, and the impact does not exceed adopted general standards and policies.
“Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation
measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.”
The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly
adverse.
Based on an “EIA-Part 11”, if a proposed project could have a potentially significant adverse effect on the
environment, but potentially sigruficant adverse effects (a) have been analyzed adequately in an earlier
EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a
supplement to or supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional environmental
document is required.
When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR
if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect dl be mitigated, or a “Statement of Overriding Considerations” has been made
pursuant to that earlier EIR.
A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant adverse effect on the environment.
If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there
are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation
measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially
Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration
may be prepared.
4 Rev. 01/03/02
0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to
the following circumstances: (1) the potentially significant adverse effect has not been discussed or
mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation
measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding
Considerations” for the significant adverse impact has not been made pursuant to an earlier ER, (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the
EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect,
or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a
level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts, whch would otherwise be determined significant.
5 Rev. 07/03/02
Issues (and Supporting Information Sources).
I.
II.
AESTlCIETICS - Would the project:
Have a substantial adverse effect on a scenic vista?
(See Discussion of Environmental Evaluation)
Substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic
buildings wih a State scenic hghway?
(See Discussion of Environmental Evaluation)
Substantially degrade the existing visual character or
quality of the site and its surroundings?
(See Discussion of Environmental Evaluation)
Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
(See Discussion of Environmental Evaluation)
AGRICULTRAL RESOURCES - (In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps - prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
(See Discussion of Environmental Evaluation)
Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
(See Discussion of Environmental Evaluation)
Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
(See Discussion of Environmental Evaluation)
Potentially Significant Potentially Unless Less Than
Significant Mitigation Significant Impact Incorporated Impact
0 0 0
0 0 0
0 0
0 0 0
0 0
0 0
0
No Impact
IXI
IXI
[XI
IXI
IXI
IXI
KI
6 Rev. 07/03/02
. --
Issues (and Supporting Information Sources).
III. AIR QUALITY - (Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be relied
upon to make the following determinations.) Would the
project:
Conflict with or obstruct implementation of the
applicable air quality plan?
(See Discussion of Environmental Evaluation)
Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
(See Discussion of Environmental Evaluation)
Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
(See Discussion of Environmental Evaluation)
Expose sensitive receptors to substantial pollutant
concentrations?
(See Discussion of Environmental Evaluation)
Create objectionable odors affecting a substantial
number of people?
(See Discussion of Environmental Evaluation)
BIOLOGICAL RESOURCES - Would the project:
Have a substantial adverse effect, either duectly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
(See Discussion of Environmental Evaluation)
Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by California Department
of Fish and Game or U.S. Fish and Wildlife Service?
(See Discussion of Environmental Evaluation)
7
Potentially Significant Impact
0
0
0
0
0
Potentially Significant
Unless Mitigation Incorporated
0
0
0
0
0
0
0
Less Than Significant Impact
0
0
0
No Impact
IXI
IXI
IXI
IXI
IXI
OIXI
OIXI
Rev. Q7JQ3IQ2
. --
Issues (and Supporting Information Sources).
Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filing, hydrological interruption, or other means?
(See Discussion of Environmental Evaluation)
Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife comdors, or impede the use of native
wildlife nursery sites?
(See Discussion of Environmental Evaluation)
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
(See Discussion of Environmental Evaluation)
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
(See Discussion of Environmental Evaluation)
Impact tributary areas that are environmentally
sensitive?
(See Discussion of Environmental Evaluation)
IV. CULTURAL RESOURCES - Would the project:
a) Cause a substantial adverse change in the
significance of a hstorical resource as defined in 5 15064.5?
(See Discussion of Environmental Evaluation)
b) Cause a substantial adverse change in the sipfi- cance of an archeological resource pursuant to
§15064.5?
(See Discussion of Environmental Evaluation)
c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature?
Potentially Significant
Impact 17
0
0
0
0
0
0
0
(See Discussion of Environmental Evaluation)
Potentially Significant
Unless Less Than Mitigation Significant Incorporated Impact 0
CI 0
0
0 0
CI
0
0
No [mpact
[XI
[XI
[XI
la
o[XI
8 Rev. 07/03/02 os3
.-
Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated 0 0 d) Disturb any human remains, including those interred outside of formal cemeteries?
(See Discussion of Environmental Evaluation)
V. GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or
death involving:
0 0 OH i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
0 ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
0 0 OH iv. Landslides?
(See Discussion of Environmental Evaluation)
OH b) Result in substantial soil erosion or the loss of
topsoil?
(See Discussion of Environmental Evaluation)
0 0 c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
(See Discussion of Environmental Evaluation)
0 0 d) Be located on expansive soils, as defined in Table 18 - 1 -B of the Uniform Building Code (1 994), creating
substantial risks to life or property?
(See Discussion of Environmental Evaluation) 0 0 om e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater hsposal
systems where sewers are not available for the
disposal of wastewater?
(See Discussion of Environmental Evaluation)
JLJ 9 Rev. 07/03/02
.-
Issues (and Supporting Information Sources).
VI. HAZARDS AND HAZARDOUS MATERIALS - Would
the project:
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
(See Discussion of Environmental Evaluation)
Create a significant hazard to the public or
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
(See Discussion of Environmental Evaluation)
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
(See Discussion of Environmental Evaluation)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
environment?
(See Discussion of Environmental Evaluation)
For a project within an airport land use plan, or
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people
residing or working in the project area?
(See Discussion of Environmental Evaluation)
For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or worlung in the project area?
(See Discussion of Environmental Evaluation)
Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
(See Discussion of Environmental Evaluation)
Potentially
Significant
Impact
0
0
o
0
0
0
0
Potentially
Significant Unless
Mitigation Incorporated
0
0
0
0
0
0
Less Than
Significant
Impact
0
0
cl
0
0
0
0
No
Impact
[XI
IXI
Ixl
[XI
IXI
IXI
IXI
10 Rev. 07/03/02
.-
Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No ImDact Incoruorated ImDact ImDact o 0 om h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
Wlldlands?
(See Discussion of Environmental Evaluation)
VIII. WDROLOGY AND WATER QUALITY - Would the
project:
0 Violate any water quality standards or waste
discharge requirements?
(See Discussion of Environmental Evaluation) n U Substantially deplete groundwater supplies or
interfere substantially with ground water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local ground water table
level @.e., the production rate of pre-exGtirig nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
(See Discussion of Environmental Evaluation)
Impacts to groundwater quality? 0
(See Discussion of Environmental Evaluation)
0 Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-
site?
(See Discussion of Environmental Evaluation)
Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the flow rate or amount (volume) of surface runoff in
a manner, which would result in flooding on- or off-
site?
0
(See Discussion of Environmental Evaluation)
Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
0
0 om
0 OBI
0 om
0 om
0 om
(See Discussion of Environmental Evaluation)
11 Rev. 07/03/02
.-
Issues (and Supporting Information Sources).
Otherwise substantially degrade water quality?
(See Discussion of Environmental Evaluation)
Place housing within a 100-year flood hazard area as
mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation
map?
(See Discussion of Environmental Evaluation)
Place within 100-year flood hazard area structures,
which would mpede or redirect flood flows?
(See Discussion of Environmental Evaluation)
Expose people or structures to a significant risk of
loss injury or death involving flooding, includmg
flooding as a result of the failure of a levee or dam?
(See Discussion of Environmental Evaluation)
Inundation by seiche, tsunami, or mudflow?
(See Discussion of Environmental Evaluation)
Increased erosion (sediment) into receiving surface
waters.
(See Discussion of Environmental Evaluation)
Increased pollutant discharges (e.g., heavy metals,
pathogens, petroleum derivatives, synthetic organics,
nutrients, oxygen-demanding substances and trash)
into receiving surface waters or other alteration of
receiving surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
(See Discussion of Environmental Evaluation)
Changes to receiving water quality (marine, flesh or
wetland waters) during or following construction?
(See Discussion of Environmental Evaluation)
Increase in any pollutant to an already impaired
water body as listed on the Clean Water Act Section
303(d) list?
(See Discussion of Environmental Evaluation)
Potentially Significant Impact 0
0
0
0
0
0
0
Potentially Significant
Unless Mitigation Incorporated 0
0
cl
0
0
0
Less Than Significant Impact 0
cl
17
0
0
0
0
0
12 Rev. 07/03/02
.. .-
Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than
Significant Mitigation Significant No impact Incoaorated imfit Imgt 0 p) The exceedance of applicable surface or groundwater
receiving water quality objectives or degradation of
beneficial uses?
(See Discussion of Environmental Evaluation)
IX. LANDUSE AND PLANNING - Would the project:
a) Physically divide an established community? om
OIXI
0 0
0 0
(See Discussion of Environmental Evaluation)
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
(See Discussion of Environmental Evaluation)
0 0 c) Conflict with any applicable habitat conservation
plan or natural community conservation plan? OB
(See Discussion of Environmental Evaluation)
X. MINERAL RESOURCES - Would the project:
0 0 a) Result in the loss of availability of a known mineral
resource that would be of future value to the region
and the residents of the State?
(See Discussion of Environment.&l Evaluation)
0 0 OB b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land
use plan?
(See Discussion of Environmental Evaluation)
XI. NOISE - Would the project result in:
a) 0 0 Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies?
om
(See Discussion of Environmental Evaluation)
b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise
levels?
0 I7
(See Discussion of Environmental Evaluation)
13 Rev. 07/03/02
Issues (and Supporting Information Sources). Potentially Significant
Mitigation Significant No Incornrated hoact Imoact
Unless Less Than Potentially Significant Impact 0 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing
without the project?
(See Discussion of Environmental Evaluation)
0 OBI d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
(See Discussion of Environmental Evaluation) 0 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
(See Discussion of Environmental Evaluation)
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or worlung
in the project area to excessive noise levels?
(See Discussion of Environmental Evaluation)
XII. POPULATION AND.HOUSING - Would the project:
0 0 OBI a) Induce substantial growth in an area either directly
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
(See Discussion of Environmental Evaluation)
0 0 UBI b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
else where?
(See Discussion of Environmental Evaluation)
0 0 OBI c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
(See Discussion of Environmental Evaluation)
a9 14 Rev. 07/03/02
Issues (and Supporting Information Sources).
Xm. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
(See Discussion of Environmental Evaluation)
XIV. RECREATION
Potentially
Significant Potentially Unless Less Than Significant Mitigation Significant No
Impact Incorporated Impact Impact
0
17
0
CI
0 CI OH Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
(See Discussion of Environmental Evaluation)
Does the project include recreational facilities or 0 UH
require the construction or expansion of recreational
facilities, whch might have an adverse physical
effect on the environment?
(See Discussion of Environmental Evaluation)
XV. TRANSPORTATION/TRAFFC - Would the project:
a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehcle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
0
(See Discussion of Environmental Evaluation)
15 Rev. 07/03/02
Issues (and Supporting Information Sources).
Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
(See Discussion of Environmental Evaluation)
Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
(See Discussion of Environmental Evaluation)
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
(See Discussion of Environmental Evaluation)
Result in inadequate emergency access?
(See Discussion of Environmental Evaluation)
Result in insufficient parking capacity?
(See Discussion of Environmental Evaluation)
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turn-
outs, bicycle racks)?
(See Discussion of Environmental Evaluation)
XVI. UTILITIES AND SERVICES SYSTEMS - Would the
project :
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
(See Discussion of Environmental Evaluation)
Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environmental effects?
(See Discussion of Environmental Evaluation)
Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
(See Discussion of Environmental Evaluation)
16
Potentially
Significant Impact 0
0
cl
0
0
o
cl
0
0
Potentially Significant
Unless
Mitigation Incorporated 0
0
0
0
0
0
0
0
0
Less Than
Significant Impact 0
0
cl
0
0
No Impact IXI
IXI
IXI
El
IXI
IXI
IXI
[XI
OIXI
Rev. 07/03/02 3/
.-
Issues (and Supporting Information Sources).
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
(See Discussion of Environmental Evaluation)
Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
(See Discussion of Environmental Evaluation)
Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
dlsposal needs?
(See Discussion of Environmental Evaluation)
Comply with federal, state, and local statutes and
regulations related to solid waste?
(See Discussion of Environmental Evaluation)
Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
(See Discussion of Environmental Evaluation)
Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumula-
tively considerable” means that the incremental
effects of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects?)
(See Discussion of Environmental Evaluation)
Does the project have environmental effects, which
will cause the substantial adverse effects on human
beings, either directly or indirectly?
Potentially Significant Impact
0
0
17
0
0
0
Potentially Significant Unless Mitigation Incorporated
0
0
0
cl
Less Than Significant Impact 0
0
0
0
0
0
No Impact IXI
[XI
IXI
Ix1
IXI
[XI
IXI
(See Discussion of Environmental Evaluation)
17 Rev. 07/03/02
XVIII. EARLIER ANALYSES
.-
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 specifies that the environmental impact
assessment may be used to determine, pursuant to a program EIR, tiering, or other appropriate CEQA
process, whch of a project’s effects have been adequately analyzed in an earlier EIR or negative
declaration. In this case, the Discussion of Environmental Evaluation on the attached sheets should identify
the following:
a> Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier EIR or negative declaration, and state whether such
effects were addressed by mitigation measures based on the earlier analysis.
c> Impacts not adequately addressed. Identify whch effects, if any, fiom the above checklist were
not adequately analyzed in an earlier EIR or negative declaration, and should, therefore, be
analyzed in a later EIR or negative declaration.
4 Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,”
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to whch they address site-specific conditions for the project.
18 Rev. 07/03/02 33
._ . --
DISCUSSION OF ENVIRONMENTAL EVALUATION
AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings,
and historic buildings within a State scenic highway?
c) Substantially degrade the existing visual character or quality of the site and its surroundings? I
4 Create a new source of substantial light and glare, which would adversely affect day or nighttime
views in the area?
No Impact - The proposed text amendments do not include a proposal for physical development of any site, and do
not propose or affect any policy or standard that could: a) adversely effect a scenic vista; b) substantially damage
scenic resources; c) degrade the visual character of any site; or d) create substantial light or glare that would
adversely affect day or nighttime views. Any future development proposal that is subject to the amended policies
and regulations will be subject to further environmental review pursuant to CEQA on a site specific basis.
AGRICULTRAL RESOURCES -Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Involve other changes in the existing environment, which, due to their location or nature, could
result in conversion of Farmland to non-agricultural use?
No Impact - The proposed text amendments do not include a proposal for physical development of any site, and do
not propose or affect any policy or standard that could a) result in the conversion of farmland to a non-agncultural
use; b) conflict with any existing zoning for agricultural uses or a Williamson Act contract; or c) result in changes to
the existing city environment that would cause the conversion of farmland to a non-agricultural use. Any future
development proposal that is subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site specific basis.
AIR QUALITY-Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
proposed or affect any policy or regulation that could conflict or obstruct implementation of the regional air quality
plan.
All properties within the city are located in the San Diego Air Basin, whch is a federal and state non-attainment area
for ozone (03), and state non-attainment area for particulate matter less than or equal to 10 microns in diameter
(PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution
controls that will be undertaken to improve air quality. In San Diego County, ths attainment planning process is
embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District
(AF'CD) and the San Diego Association of Governments (SANDAG).
A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-
mandated plan. Thls local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB) after public hearings on November 9' through 10* in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regarding airsheds with worst smog problems, EPA approved the SIP in mid-1996.
19 Rev. 07lQ3102 38
. -.
Future development projects relate to the SIP andor RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city’s and the
County’s general plan. If a proposed project is consistent with its applicable general plan, then the project
presumable has been anticipated with the regional air quality planning process. Such consistency would ensure that
the project would not have an adverse regional air quality impact.
Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS, whch include
the following:
Is a regional air quality plan being implemented in the project area?
Is the project consistent with the growth assumptions in the regional air quality plan?
The project area (citywide) is located in the San Diego Air Basin, and as such is located in an area where a RAQS is
being implemented. The proposed text amendments will not change the growth assumptions of the General Plan.
Future development projects that are subject to the amended policies and regulations will be required to be
consistent with the growth assumptions of the Carlsbad General Plan and the RAQS. Therefore, the project is
consistent with the regional air quality plan and will in no way conflict with or obstruct implementation of the
regional plan.
b) Violate any air quality standard or contribute substantially to an existing or projected air quality
violation?
No Impact - The closest air quality monitoring station to properties within the city is in the City of Oceanside. Data
available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded
were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal
8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No
violations of any other air quality standards have been recorded recently. The proposed amendments do not involve
the physical development of any site nor air quality planninglstandard changes. Any future development proposal
that is subject to the amended policies and regulations will be subject to further environmental review pursuant to
CEQA on a site-specific basis.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non-attainment under an applicable federal or state ambient air quality standard?
No Impact - The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The
proposed text amendments do not propose or affect any policy or regulation that would result in a contribution to a
cumulatively considerable potential net increase in emissions throughout the air basin. Additionally, the project
does not include a proposal for physical development of any site. Any future development proposal that is subject
to the amended policies and regulations will be subject to further environmental review pursuant to CEQA on a site-
specific basis.
d) Expose sensitive receptors to substantial pollutant concentrations?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations relating to air quality or pollution. Any future development proposal
that is subject to the amended policies and regulations will be subject to further environmental review pursuant to
CEQA on a site-specific basis.
e) Create objectionable odors affecting a substantial number of people?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would result in an activity that could create objectionable odors.
Any future development proposal that is subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site specific basis.
20 Rev. 07/03/02 35-
. --
BIOLOGICAL RESOURCES - Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by California Department of Fish and Game or US. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive
natural community identified in local or regional plans, policies, or regulations or by California
Department of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct
removal, filing, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
No Impact (a, b, c & d) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or regulations that would result in an adverse effect on any sensitive
habitat or species, or interference with any native or migratory wildlife corridor or native wildlife nursery site. Any
future development proposal that is subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site-specific basis.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact (e & f) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would result in a conflict with local policies and ordinances
that protect biological resources or the provisions of any habitat conservation plan. Any hture development
proposal that is subject to the amended policies and regulations will be subject to further environmental review
pursuant to CEQA on a site-specific basis.
g) Impact tributary areas that are environmentally sensitive?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would result in an adverse impact to any environmentally sensitive
tributary area. Any future development proposal that is subject to the amended policies and regulations will be
subject to further environmental review pursuant to CEQA on a site-specific basis.
CULTIJRU, RESOURCES - Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the significance of an archeological resource pursuant to 0 15064.5?
c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those interred outside of formal cemeteries?
No Impact (a, b, c & d) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or regulations that would result in a disturbance of any human remains
or an adverse impact to any historical, archeological, or paleontological resource. Any hture development proposal
21 Rev. Q7lQ3IO2 36
. --
that is subject to the amended policies and regulations will be subject to further environmental review pursuant to
CEQA on a site specific basis, and will be subject to the City’s Cultural Resource Guidelines.
GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to potential substantial adverse- effects, including the risk of loss,
injury or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including liquefaction?
iv. Landslides?
No Impact - There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other
evidence of active of potentially active faults within the City. However, there are several active faults throughout
Southern California, and these potential earthquakes could affect Carlsbad. Landslides are also a potential threat in
parts of the City. All development proposals in Carlsbad are subject to requirements such as the Uniform Buildmg
Code earthquake construction standards and soil remediation that when necessary ensure potential adverse effects
are not significant. The proposed amendments, however, do not include- a proposal for physical development of any
site, and do not propose or affect any policies or regulations that would expose people or structures to potential
adverse effects fiom a known earthquake fault, ground shaking, seismic-related ground failure or landslides. Any
future development proposal that is subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site-specific basis.
b) Result in substantial soil erosion or the loss of topsoil?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would result in substantial soil erosion on any site. Any future
development proposal that is subject to the amended policies and regulations will be subject to Mer
environmental review pursuant to CEQA and the City’s Engineering standards on a site specific basis.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of
the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction, or collapse?
d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for the disposal of wastewater?
No Impact (c, d & e) - The proposed amendments do not include a proposal for physical development of any site,
and do not propose or affect any policies or regulations that would result in impacts to unstable or expansive soil
conditions. Any future development proposal that is subject to the amended policies and regulations will be subject
to further environmental review pursuant to CEQA and the City’s engineering standards on a site-specific basis.
HAZARDS AND HAZARDOUS MATERIALS - Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment?
22 Rev. 07/03/02 37
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the
public or environment?
No Impact (a, b, c & d) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or regulations that would result in hazards associated with exposure to
hazardous materials. Any future development proposal that is subject to the amended policies and standards will be
subject to further environmental review pursuant to CEQA on a site-specific basis.
e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for
people residing or working in the project area?
0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard
for people residing or working in the project area?
No Impact (e & f) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would result in exposing people to hazards associated with
an airport. Any future development proposal that is subject to the amended policies and regulations will be subject
to Mher environmental review pursuant to CEQA on a site-specific basis.
g) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized areas or where residences are intermixed
with wildlands?
No Impact (g & h) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would interfere with the implementation of an adopted
emergency response or evacuation plan, or result in exposing people to risk fiom wildland fires. Any future
development proposal that is subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site-specific basis.
HYDROLOGY AND WATER QUALITY - Would the project:
a) Violate any water quality standards or waste discharge requirements?
b) Substantially deplete groundwater supplies or interfere substantially with ground water
recharge such that there would be a net deficit in aquifer volume or a lowering of the local
ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a
level which would not support existing land uses or planned uses for which permits have been
granted)?
c) Impacts to groundwater quality?
d) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, in a manner, which would result in substantial
erosion or siltation on- or off-site?
e) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the flow rate or amount
(volume) of surface runoff in a manner, which would result in flooding on- or off-site?
0 Create or contribute runoff water, which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff?
23 Rev. 07/03/02
g) Otherwise substantially degrade water quality?
No Impact (a, b, c, d, e, f & g) - The proposed amendments do not include a proposal for physical development of
any site, and do not propose or affect any policies or regulations that would conflict with any water quality
standards, impact groundwater suppIies/quality, alter any drainage pattern, impact the capacity of existing or
planned stormwater drainage systems, or result in the degradation of water quality. Any future development
proposal that is subject to the amended policies and regulations will be subject to further environmental review
pursuant to CEQA on a site-specfic basis.
h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood delineation map?
i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows?
j) Expose people or structures to a significant risk of loss injury or death involving flooding,
including flooding as a result of the failure of a levee or dam?
k) Inundation by seiche, tsunami, or mudflow?
No Impact (h, i, j 8z k) - The proposed amendments do not include a proposal for physical development of any site,
and do not propose or affect any policies or regulations that would result in placing housing with a 100-year flood
hazard area, or expose people or structures to flooding or inundation by seiche, tsunami or mudflow. Any future
development proposal that is subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site-specific basis.
1) Increased erosion (sediment) into receiving surface waters.
m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic
organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or
other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or
turbidity)?
n) Changes to receiving water quality (marine, fresh or wetland waters) during or following
construction?
0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act
Section 303(d) list?
P) The exceedance of applicable surface or groundwater receiving water quality objectives or
degradation of beneficial uses?
No Impact (I, m, n, o & p) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or regulations that would result in increased erosion or pollutant
discharges into any surface waters, a change to receiving water quality, or an exceedance of receiving water quality
objectives. Any fhre development proposal that is subject to the amended policies and regulations will be subject
to further environmental review pursuant to CEQA on a site-specific basis.
LAND USE AND PLANNING - Would the project:
a) Physically divide an established community?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would result in the division of an established community. Any future development proposal that is subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site-specific basis.
b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction
over the project (including but not limited to the general pIan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect?
24 39 Rev. 01/03/02
.. .-
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would conflict with any land use plan, policy, or regulation adopted
for the purpose of avoiding or mitigating environmental effects. In fact, the purpose of the proposed amendments is
to ensure consistency between the City’s land use plan, zoning ordinance and local coastal program, which will help
avoid conflicts in the future between development projects and City policieshegulations. Any future development
proposal that is subject to the amended policies and regulations will be subject to further environmental review
pursuant to CEQA on a site specific basis.
c) Conflict with any applicable habitat conservation plan or natural community conservation plan?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would conflict with any habitat conservation plan or natural
community conservation plan. Any future development proposal that is subject to the amended policies and
regulations will be subject to Wer environmental review pursuant to CEQA on a site-specific basis.
MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known mineral resource that would be of future value to the
region and the residents of the State?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated
on a local general plan, specific plan, or other land use plan?
No Impact (a 8z b) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would result in the loss of availability of a mineral resource.
Any future development proposal that is subject to the amended policies and regulations will be subject to mer
environmental review pursuant to CEQA on a site-specific basis.
NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of standards established in the local
general plan or noise ordinance or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne
noise levels?
c) A substantial permanent increase in ambient noise levels in the project vicinity above levels
existing without the project?
4 A substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project?
No Impact (a, b, c 8z d) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or regulations that would result in exposing people to excessive noise
levels or groundbourne vibrations, or increase noise levels. Any fiture development proposal that is subject to the
amended policies and regulations will be subject to further environmental review pursuant to CEQA on a site-
specific basis.
e) For a project located within an airport land use plan or, where such a plan has not been adopted,
within 2 miles of a public airport or public use airport, would the project expose people residing
or working in the project area to excessive noise levels?
0 For a project within the vicinity of a private airstrip, would the project expose people residing or
working in the project area to excessive noise levels?
No Impact (e 8z f) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would result in exposing people to excessive noise levels
associated with an airport. In addition, the Comprehensive Land Use Plan for McClellan-Palomar Airport will
ensure that future development will not be exposed to excessive noise levels generated by the airport. Also, any
25 Rev. 07/03/02 40
future development proposal that is subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site-specific basis.
POPULATION AND HOUSING - Would the project:
a) Induce substantial growth in an area either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and
therefore will not directly induce any growth. In addition, the proposed amendments will not introduce any new
standard or provision that would indirectly induce substantial growth beyond what is currently planned for de city.
Any future development within the city must comply with the city’s growth projections contained in the Growth
Management Program and local facdities management plans. Also, any future development proposal that is subject
to the amended policies and regulations will be subject to Mer environmental review pursuant to CEQA on a site-
specific basis.
b) Displace substantial numbers of existing housing, necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of people, necessitating the construction of replacement housing
elsewhere?
No Impact (b & c) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would result in the displacement of any existing housing or
people. Any future development proposal that is subject to the amended policies and regulations will be subject to
further environmental review pursuant to CEQA on a site-specific basis.
PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts associated with the provision of
new or physically altered government facilities, a need for new or physically altered government
facilities, the construction of which could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times, or other performance objectives for any of
the public services:
i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
V. Other public facilities?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would result in adverse impacts to the maintenance of acceptable
service ratios, response times or other performance objectives for any public service (fire & police protection,
schools, parks and other public facilities). Any future development proposal that is subject to the amended policies
and regulations will be subject to further environmental review pursuant to CEQA on a site specific basis.
RECREATION
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or
be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities, which might have an adverse physical effect on the environment?
No Impact (a & b) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would result in adverse impacts to parks or recreational
facilities. Any future development proposal that is subject to the amended policies and regulations will be subject to
further environmental review pursuant to CEQA on a site-specific basis.
26 Rev. 07/03/02
TRANSPORTATION/TRC-Would the project:
a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity
of the street system?
No Impact - The project does not include a proposal for physical development of any site, and it does not affect or
propose any policy or regulation that might cause an increase in traffic. A performance standard for traffic is part of
the City’s Growth Management Program. Future development that is subject to the amended policies and
regulations will be required to comply with this performance standard, which ensures future development will not
exceed the traffic load and capacity of the city’s street system. In addition, future development will be subject to
fiuther environmental review pursuant to CEQA on a site-specific basis.
b) Exceed, either individually or cumulatively, a level of service standard established by the county
congestion management agency for designated roads or highways?
No Impact - SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho
Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the
regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these
designated roads and highways in Carlsbad is:
Existine; ADT* - LOS Buildout ADT*
Rancho Santa Fe Road 15-32 “A-C” 28-43
El Camino Real 2 1-50 “A-C” 32-65
Palomar Airport Road 10-52 “A-B” 29-77
SR 78 120 “F” 144
*The numbers are in thousands of daily trips.
1-5 183-198 “D” 2 19-249
The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E”, or LOS “F” if
that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated
roads and highways are currently operating at or better than the acceptable standard LOS.
Note that the buildout ADT projections are based on the full implementation of the region’s general and community
plans. Achievement of the CMF’ acceptable Level of Service (LOS) “E” standard assumes implementation of the
adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and
implementation of the CMF’ strategies, they will function at acceptable level(s) of service in the short-term and at
buildout.
The proposed amendments do not include a proposal for physical development of any site. Further, it does not
propose to change or add a standard that would affect levels of service as established by the CMP. Any future
development subject to the amended policies and regulations will be subject to further environmental review
pursuant to CEQA and the CMP on a site-specific basis.
c) Result in a change in air traftic patterns, including either an increase in traffic levels or a change
in location that results in substantial safety risks?
No Impact - The proposed amendments do not include a proposal for physical’development of any site, and do not
propose or affect any policies or regulations that would result in a change of air traffic patterns or result in
substantial safety risks associated with air traffic patterns. Any future development subject to the amended policies
and regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis.
d) Substantially increase hazards due to a design feature or incompatible uses?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would cause a future project to increase hazards due to a design feature or incompatible use. Any future development subject to the amended policies and regulations will be subject
to further environmental review pursuant to CEQA on a site-specific basis.
27 Rev. 07/03/02
.- .
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
No Impact (e & f) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would result in inadequate emergency access or parlung
capacity. Any future development subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site-specific basis.
g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus
turnouts, bicycle racks, etc.)?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would conflict with adopted policies, plans or programs supporting
alternative transportation. Any future development subject to the amended policies and regulations will be subject
to further environmental review pursuant to CEQA on a site-specific basis.
UTILITIES AND SERVICES SYSTEMS - Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control
Board?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would cause future development to exceed any wastewater
treatment requirements. Any future development subject to the amended policies and regulations will be subject to
the requirements of the Regional Water Quality Control Board, and further environmental review pursuant to
CEQA, on a site-specific basis.
b) Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which would cause significant environmental
effects?
c) Require or result in the construction of new storm water drainage facilities or expansion of
existing facilities, the construction of which could cause significant environmental effects?
d) Have sufficient water supplies available to serve the project from existing entitlements and
resources, or are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment provider, which serves or may serve the
project that it has adequate capacity to serve the project’s projected demand in addition to the
provider’s existing commitments?
No Impact (b, c, d & e) - The proposed amendments do not include a proposal for physical development of any
site, and do not propose or affect any policies or regulations that would increase the need for, or conflict with the
current growth projections for water facilities, wastewater treatment or drainage facilities. All public facilities,
including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to
accommodate the growth projections for the City at build-out. Any future development subject to the amended
policies and regulations will be subject to further environmental review pursuant to CEQA on a site-specific basis.
f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid
waste disposal needs?
g) Comply with federal, state, and local statutes and regulations related to solid waste?
No Impact (f & g) - The proposed amendments do not include a proposal for physical development of any site, and
do not propose or affect any policies or regulations that would conflict with any regulations related to solid waste, or
impact the ability to accommodate solid waste disposal needs within the city. Any future development subject to the
amended policies and regulations will be subject to further environmental review pursuant to CEQA on a site-
specific basis.
28 lf3 Rev. 07/03/02
MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare
or endangered plant or animal or elirmnate important examples of the major periods of California history or
prehistory. Any hture development subject to the amended policies and regulations will be subject to further
environmental review pursuant to CEQA on a site-specific basis.
b) Does the project have impacts that are individually limited, but cumulatively considerable?
(“Cumulatively considerable” means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current projects,
and the effects of probable future projects?)
No Impact - San Diego Association of Governments (SANDAG) projects regional growth for the greater San
Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those
projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation,
congestion management standards, etc, are established to reduce the cumulative impacts of development in the
region. All of the City’s development standards and regulations are consistent with the region-wide standards. The
City’s standards and regulations, including grading standards, water quality and drainage standards, traffic
standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development
within the City will not result in a significant cumulatively considerable impact.
There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively
considerable impact on. Those issues are air quality and regional circulation. Development of future projects
subject to the proposed amended policies and regulations may represent a contribution to a cumulatively
considerable potential net increase in emissions throughout the air basin. However, emissions associated with the
land uses permitted by the amended policies and regulations (tourist-serving commercial) would be minimal; and
given the limited emissions potentially associated with such a development, air quality would be essentially the
same whether or not a development is implemented.
With regard to circulation, the County Congestion Management Agency (CMA) has designated three roads (Rancho
Santa Fe Rd., El Camino Real and Palomar Axport Rd.) and two bghway segments in Carlsbad as part of the
regional circulation system. The CMA has determined, based on the City’s growth projections in the General Plan,
that these designated roadways will function at acceptable levels of service in the short-term and at build-out.
The proposed amendments will not affect any policies or regulations that would conflict with City or region-wide
standards. Also, the proposed amendments do not include a proposal for physical development of any site;
therefore, the project will not result in an individually or cumulatively considerable environmental impact. Any future development subject to the amended policies and regulations will be subject to Mer environmental review
pursuant to CEQA on a site-specific basis.
c) Does the project have environmental effects, which will cause the substantial adverse effects on
human beings, either directly or indirectly?
No Impact - The proposed amendments do not include a proposal for physical development of any site, and do not
propose or affect any policies or regulations that would cause substantial adverse effects on human beings, either
directly or indirectly. Any future development subject to the amended policies and regulations will be subject to
fiuther environmental review pursuant to CEQA on a site-specific basis.
29 Rev. 07/03/02
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental bact Report for the City of Carlsbad General Plan Update (MER 93-01).
City of CarIsbad Planning Department. March 1994.
2. Carlsbad General Plan, September 6, 1994.
3. Carlsbad Municipal Code. Title 2 1. Zoning
4. Carlsbad Local Facilities Management Zones
5. Citv of Carlsbad Geotechnical Hazards Analysis and MapDing Study, November 1992.
30 Rev. 07/03/02 q5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5925
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A GENERAL PLAN AMENDMENT TO
MODIFY THE DESCRIPTION OF THE TR
(TRAVELRECREATION COMMERCIAL) LAND USE
DESIGNATION IN THE LAND USE ELEMENT OF THE
GENERAL PLAN.
CASENAME: C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
CASE NO.: GPA 02-03
WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application
with the City of Carlsbad regarding property described as
citywide
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “A,” dated July 20, 2005, on file in the Carlsbad Planning
Department C-T ZONE AND TR LAND USE DESIGNATION AMENDMENTS - GPA 02-
03 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of July 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of C-T ZONE AND TR LAND USE
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
.. . .
DESIGNATION AMENDMENTS - GPA 02-03, based on the following
finding:
Findinp:
1. The proposed amendment to the General Plan, as shown on Exhibit A, is in
conformance with the Elements of the City’s General Plan based on the facts set
forth in the staff report dated July 20,2005, and as follows:
a. The proposed amendment will not significantly change any existing policy,
but will clarify the intent of the TR land use designation. The proposed
amendments are consistent with existing policies in the Land Use Element
and will not create any inconsistencies with other policies of the General Plan
not being amended.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of July 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. 5925 -2-
Exhibit A
July 20, 2005 - --.
Land Use Element
access. Landscaped buffers should be
provided around the project site between neighborhood commercial uses and other
uses to ensure compatibility. All buildings should be low-rise and should include
architecturalldesign features to be compatible with the neighborhood. Permitted uses and
building intensities should be compatible with surrounding land uses.
b. Regional Commercial (R): Regional
commercial centers provide shopping goods, general merchandise, automobile sales,
apparel, furniture, and home furnishing in full depth and variety. Two or more department
stores are typically the major anchors of a regional shopping center, while other stores
supplement and complement the various department store lines. New forms of regional
centers may include such developments as
outlet centers with an aggregation of factory outlet stores where there are no specific
anchor tenants although such centers are regional and enjoy a strong tourist trade.
Regional centers draw customers from outside the City and generate interregional
traffic. For this reason, such centers are customarily located on a site that is easily
visible as well as accessible from interchange
points between highways and freeways: Local shopping centers may be adjunct to
regional centers to also serve the daily convenience needs of customers utilizing the
larger shopping center. A group of
convenience stores, service facilities,
business and professional offices are also often associated with a regional center. Some
of these may be incorporated in the center
itself, or arranged at the periphery in the
immediate area.
c. TravellRecreation Commercial (TR): This
land use category designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists,
residents, as well as employees of business and industrial centers. Such uses may
include, but are not limited to, hotels and
motels, restaurants, recreation facilities, museums, travel support services, and
specialty retail uses catering to tourists.
Travelhecreation commercial uses are generally located near major transportation
corridors or recreational and resort areas
such as spas, hotels, beaches or lagoons.
Travelhecreation commercial uses should be
compatible with and designed to protect surrounding properties, should ensure safe
traffic circulation and should promote
economically viable tourist-oriented areas of
the City.
d. Village (V): The Village addresses land uses
located in the heart of "old" Carlsbad in the area commonly referred to as the
"downtown". Permitted land uses may include retail stores, offices, financial
institutions, restaurants and tourist-serving facilities. Residential uses can be intermixed
throughout the area. The Village is designated as a redevelopment area and is
regulated by the Carlsbad Village Area
Redevelopment Plan and the Village Design Guidelines Manual.
e. Office and Related Commercial (0): This
classification designates areas that are
compatible with and environmentally suited for office and professional uses, as well as
related commercial uses. This designation is especially appropriate for medical office use.
Office and related commercial land use can be used as buffers between retail commercial
areas and residential uses.
4. PLANNED INDUSTRIAL (PI)
Planned Industrial land uses include those areas
currently used for, proposed as, or adjacent to industrial development, including manufacturing,
warehousing, storage, research and development, and utility use. Agricultural and
outdoor recreation uses on lots of one acre or
more are considered to be a proper interim use
for industrially designated areas.
5. GOVERNMENTAL FACILITIES (G)
This classification of land use designates areas currently being used for major governmental
facilities by agencies such as the city, county, state, or federal government. Facilities within this
category may include uses such as civic buildings, libraries, maintenance yards, police and fire stations and airports (McClellan-Palomar
Airport). Smaller facilities, such as libraries, may be found in other land use designations, such as
Amended September 21,2004 Page 19
48
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5926
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
CHAPTER 21.29 (C-T COMMERCIAL TOURIST ZONE) OF
THE MUNICIPAL CODE TO ENSURE CONSISTENCY WITH
THE TR LAND USE DESIGNATION OF THE GENERAL
PLAN.
CASENAME: C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
CASE NO.: ZCA 02-02
WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal
Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code
(Zoning Ordinance) relating to the C-T Commercial Tourist zoning regulations; and
WHEREAS, the proposed amendment is set forth in Section 2 of the draft City
Council Ordinance, Exhibit “X,” dated July 20, 2005, attached hereto C-T ZONE AND TR
LAND USE DESIGNATION AMENDMENTS - ZCA 02-02; and
WHEREAS, the Planning Commission did on the 20th day of July 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
staff, and considering any written comments received, the Planning Commission considered all
factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of C-T ZONE AND TR
LAND USE DESIGNATION AMENDMENTS - ZCA 02-02, based on the
following findings:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.-
Findings:
1. The proposed Zone Code Amendment, ZCA 02-02, is consistent with the General Plan in
that it implements Land Use Element - Commercial Implementing Policy C.12,
which specifies that Section 21.29.030 of the Zoning Ordinance (Commercial Tourist
Zone, Permitted Uses) shall be revised to “more accurately implement the intent of
the TraveYRecreation Commercial general plan designation to serve the traveling
public, visitors to the city, as well as employees of business and industrial centers.”
2. The proposed Zone Code Amendment, ZCA 02-02, reflects sound principles of good
planning in that it: a) ensures consistency with the General Plan and Zoning
Ordinance; and b) ensures the intent of the TraveVRecreation general plan
designation will be more accurately implemented.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of July 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
JEFFRE
CARLSBAD PLANNING COMMISSION
ATTEST: n c DON NEU
Assistant Planning Director
PC RES0 NO. 5926 -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
PLANNING COMMISSION RESOLUTION NO. 5927
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO AMEND THE ZONING ORDINANCE
AMENDING CHAPTER 21.29 (C-T COMMERCIAL TOURIST
ZONE), AND AMENDING THE DEFINITION OF “VISITOR-
SERVING COMMERCIAL” IN THE MELLO I1 SEGMENT OF
THE LOCAL COASTAL PROGRAM.
CASENAME: C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
CASE NO.: LCPA 02-06
WHEREAS, the Planning Director has prepared an amendment to Title 21 of the
Municipa Code (Zoning Ordinance) relating to C-T Commercial-Tourist zoning regulations, and
an amendment to the Mello II Segment of the Local Coastal Program relating to the definition of
“visitor-serving commercial;” and
WHEREAS, the Zoning Ordinance is the implementing ordinance for the City of
Carlsbad Local Coastal Program; and
WHEREAS, California State law requires that the Local Coastal Program and
Zoning Ordinance be in conformance, and therefore, an amendment to the Local Coastal
Program is required in conjunction with an amendment to the Zoning Ordinance (implementing
ordinance) to ensure consistency between the two documents; and
WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application
for an amendment to the Local Coastal Program; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “Y,” dated July 20,2005, attached hereto and made
a part hereof, and as shown on Exhibit “X,” dated July 20, 2005, attached to Planning
Commission Resolution No. 5926, incorporated herein by reference, and as shown on Exhibit
“Z,” dated July 20, 2005, attached to Planning Commission Resolution No. 5928,
incorporated herein by reference, as provided for in Public Resources Code Section 305 14 and
5i
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
Article 15, Subchapter 2, Chapter 8, Division 5.5 of Title 14 of the California Code of
Regulations (California Coastal Commission Regulations); and
WHEREAS, the Planning Commission did on the 20th day of July 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
staff, and considering any written comments received, the Planning Commission considered all
factors relating to the Local Coastal Program Amendment; and
WHEREAS, in accordance with California Coastal Commission requirements, the
Local Coastal Program Amendment was subject to a six-week public review period, starting on
April 22, 2005 and ending on June 3, 2005, and the Planning Commission considered all
comments received, if any.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of C-T ZONE AND TR
LAND USE DESIGNATION AMENDMENTS -LCPA 02-06, based on the
following findings:
Findings:
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I, Mello 11, Agua Hedionda Lagoon, East Batiquitos Lagoon and West
Batiquitos Lagoon segments of the Carlsbad Local Coastal Program not being amended
by this amendment, in that it ensures consistency with the Carlsbad Zoning
Ordinance, and does not conflict with any coastal zone regulations, land use
designations or policies, with which development must comply.
2. That the proposed amendment to the Carlsbad Local Coastal Program is required to
ensure consistency with the proposed Zone Code Amendment (ZCA 02-02) and
General Plan Amendment (GPA 02-03).
PC RES0 NO. 5927 -2- 52
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 20th day of July 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5927 -3- 53
.. Exhibit Y
July 20,2005
LCPA 02-06 - C-T ZONE & TR LAND USE DESIGNATION AMENDMENTS
Local Coastal Program Mello I1 Segment, Policy 6.8 is amended to read as follows:
POLICY 6-8 DEFINITION OF VISITOR-SERVING COMMERCIAL USES, AND EAST
END OF BUENA VISTA LAGOON
“Visitor-serving commercial uses” shall be defined as uses that serve the travel and recreational
needs of visitors, residents and employees of local businesses, including, but not limited to,
hotels and motels, restaurants, recreation facilities, museums, travel support services, and
specialty retail uses catering to tourists. The Plaza Camino Real and North Coast Plaza properties
located at the east end of Buena Vista Lagoon (see Exhibit 4.5, Page 75) will be designated for
commercial, not visitor-serving commercial uses.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5928
A RESOLUTION OF THE PLAN”G COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP 186
(€3) ON PROPERTY GENERALLY LOCATED NORTH OF POINSETTIA LANE, WEST OF INTERSTATE 5, AND EAST
OF AVENIDA ENCINAS IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
CASE NO.: SP 186tB)
WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application
regarding property described as
Lots 1 through 16 of Carlsbad Tract No. 81-5 in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof, No. 10899 filed in the office of the County
Recorder on April 11,1984
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Specific Plan
Amendment as shown on Exhibit “2,” dated July 20, 2005, attached hereto and made a part
hereof, as provided by SP 186 and Government Code Section 65453; and
WHEREAS, the Planning Commission did, on the 20th day of July 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Specific Plan Amendment; and
WHEREAS, on January 18, 1983, the City Council approved SP 186, as
described and conditioned in City Council Ordinance No. 9660; and
WHEREAS, on March 4, 1986, the City Council approved SP 186(A), as
described and conditioned in City Council Ordinance No. 9798.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
€the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
DESIGNATION AMENDMENTS - SP 186(B) based on the following findings:
RECOMMENDS APPROVAL of C-T ZONE AND TR LAND USE
Commissi
A)
B)
Findings:
1. The proposed Specific Plan Amendment, SP 186(B), is consistent with the provisions of
the General Plan in that it ensures consistency with and implementation of the TR
TravelRecreation Commercial land use designation.
2. The proposed Specific Plan Amendment, SP 186(B), reflects sound principles of good
planning in that it: a) ensures consistency with the General Plan and Zoning
Ordinance; and b) ensures the intent of the Travemecreation general plan
designation will be more accurately implemented.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of July 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: -
DON NEU
Assistant Planning Director
PC RES0 NO. 5928 -2-
Exhibit Z
July 20,2005
SPECIFIC PLAN 186
Original Approval Date: January 18,1983
Amended: SP 186(A) March 4, 1986
Amended: SP 186(B)
I. PURPOSE AND LOCATION
The purpose of this Specific Plan is to provide a comprehensive development plan for the area
between Interstate 5 and Avenida Encinas, north of Poinsettia Lane as shown on Figure 1. This
plan is to insure that development of this area takes into consideration adjacent and neighboring
properties, existing developments, and future development.
Ths Specific Plan is intended to be a tool to implement the goals and policies of the Carlsbad
General Plan. This plan is primarily intended to provide a set of development standards and does
not provide a guarantee of approval for any fibre lscretionary acts or projects within its
boundaries.
This Specific Plan is adopted pursuant to the provisions of California Government Code Sections
65450 et. seq. and of the Land Use Element of the City of Carlsbad General Plan. A Specific
Plan is required for this area pursuant to the Land Use Element, which requires the approval of a
specific plan in conjunction with the Combination District.
11. GENERAL PLAN AND ZONING DESIGNATIONS
The site is designated in the Land Use Element of the city's General Plan as a combination
district that includes the TraveVRecreation Commercial (T-R) and Community Commercial (C)
categories. The intent of the TraveVRecreation Commercial (T-R) category is to provide uses
which are oriented toward the traveling public (ie., hotels, motels, restaurants, service stations,
etc.). The intent of the Community Commercial (C) in this area is to provide a wide range of
facilities for retail trade, convenience goods, services and professional office uses that would
cater to the traveling public as well as local residents.
As shown on Figure 2, area A has been designated for development with general commercial
type uses as detailed in Section V of this plan. Area B has been designated for travel service
type of uses as designated by Section VI of th~s plan.
111. GENERAL DEVELOPMENT CONCEPT
The Specific Plan area will be a comprehensively planned travel oriented commercial and
community commercial type development. The area will feature extensive landscaping,
including street side berming, sign controls and flexible development standards.
N. CIRCULATION
Lots 1 - 4, and 10 shall waive access rights on Avenida Encinas and Poinsettia Lane and gain
access from the interior street. The location of driveways for lots 11 - 16 shall be subject to the
approval of the City Engineer and Planning Director.
2
V. AREA A - GENERAL COMMERCIAL USES
Permitted Uses
Accountants;
Attorneys ;
Bakeries;
Barbershops or beauty parlors;
Book and stationery stores;
Commercial printing and photo engraving;
Delicatessen stores;
Doctors, dentists, optometrists, chiropractors and others practicing the
healing arts for human beings and related uses such as oculists,
pharmacies (prescription only), biochemical laboratories and X-ray
laboratories;
Dressmaking or millinery shops;
Drugstores;
Dry goods or notion stores;
Engineers, architects and planners;
Financial institutions
Florist shops;
Grocery or fruit stores;
Hardware stores;
Hotels, motels;
Jewelry stores;
Laundries or clothes cleaning agencies;
Laundromats;
Meat markets;
Mimeographing services;
Paint stores:
Private clubs, excepting those the chief activity of whch is a service
customarily carried on as a business;
Realtors;
Restaurants, tea rooms or cafes (excluding dancing or entertainment and
on-sale liquor);
Shoe stores or repair shops;
Tailors, clothing or wearing apparel shops;
Other uses determined to be compatible by the Planning Director.
Uses and structures permitted by Conditional Use Permit. Subject to the
provision of Chapter 21.50, the following uses and structures are permitted by
Conditional Use Permit. In addition to the findings required by Chapter 21 SO, in
order to approve a Conditional Use Permit, it must be found that the use, as
proposed, will not adverse affect the viability of use of the area as a commercial-
tourist district or adversely affect nearby uses or traffic movements.
3
.-
(1) Bars, cocktail lounges and other licensed (on-sale) liquor dispensing
operations not meeting the definition of a bona fide eating establishment,
subject to the following conditions:
(a) An opening shall be provided through which an unobstructed view
of the interior of the premises can be obtained from the street upon
which business fi-onts;
(b) Parking shall be provided at the rate of not less than one space per
fifty square feet of gross floor area;
(c) Surrounding grounds, including parking areas, shall be maintained
in a neat and orderly condition at all times;
(d) Any structure housing such operation shall meet all applicable
code provisions prior to occupancy;
(e) Licensee or agent shall not permit open containers of alcoholic
liquor to be taken from the premises;
(f) No licensed liquor dispensing operation shall be located within
five hundred feet of any other licensed liquor dispensing operation
not meeting the definition of a bona fide eating establishment.
(2) (3) Service stations.
(4)
Restaurants providing on premise entertainment and liquor.
Drive through business or drive through facilities to existing businesses.
VI. AREA B - TRAVEL ORIENTED USES
(A) Permitted, Accessory, and Conditionally Permitted Uses
(1) Uses allowed in Area B shall be those uses as specified in Carlsbad
Municipal Code Chapter 21.29 (C-T Commercial-Tourist Zone).
(2) For those uses subject to the approval of a conditional use permit, the
following finding shall be made, in addition to the findings required by
Chapter 21.50 of the Carlsbad Municipal Code:
(a) The proposed use will not adversely affect the viability of use of
the area as a commercial-tourist district or adversely affect nearby
uses or traffic movements.
4
.-
VII. GENERAL DEVELOPMENT STANDARDS
(A) Setbacks: All setbacks shall be measured from the property line.
(1) Avenida Encinas and Poinsettia Lane: All buildings shall maintain an
average setback of 30 feet with a minimum of 10 feet. All parking and
driveway areas shall maintain a minimum setback of 15 feet.
(2) Front yard: The front yard setback for all buildings fronting on the
interior street shall be a minimum of 15 feet, and for parlung and
driveways, 10 feet.
(3) Side yard: Side yards shall be a minimum of 5 feet.
(4)
(5)
Rear yard: Rear yards shall be a minimum of l0feet.
Freeway Frontage: A 10 foot setback shall be.maintained from the
property line adjacent to Interstate 5. No driveways, parking or trash
enclosures shall be located in this setback.
(B) Coverage: Maximum building coverage including parlung shall not exceed 75%
of gross lot area.
(C) Building Heicrht: The maximum building height shall be 35 feet.
(D) Parking: Parking shall comply with Chapter 21.44 of the Municipal Code.
Unless otherwise stated herein, there shall be no parking permitted in the setback
from Avenida Encinas, Interstate 5, Poinsettia Lane or any front yard setbacks.
(E) Architecture: Prior to issuance of any building permits for tlus site, architectural
guidelines for the entire site shall be submitted to and approved by the Planning
Director. Since this site will be highly visible fiom the fleeway, it is imperative
that all portions of the buildings shall be aesthetically pleasing.
(F) Landscape: This site will be highly visible to traffic along Interstate 5, Poinsettia
Lane, and Avenida Encinas; therefore it is imperative that all development on this
property be well landscaped. All landscaped areas shall be planted with a
combination of trees, shrubs and ground cover. Prior to approval of a building
permit, each applicant shall submit a landscape plan and irrigation plan for the
approval of the Planning Director. All development within this site shall comply
with the following standards:
(1) Streetscape adjacent to Interstate 5: The 10' setback required adjacent to
Interstate 5 shall be entirely devoted to landscaping. No parking lots,
driveways, trash receptacles, or other accessory structures shall be located
within this setback. This setback shall be heavily planted with fast-
growing, drought tolerant species, as shown on Figure 3.
5
. -.
(2) Streetscape adjacent to Poinsettia Lane and Avenida Encinas: The general
concept along these streets is to create a continuous undulating grass berm
planted with groves of trees for the purpose of creating a definitive
statement, screening of parking areas and enhancing the architecture of the
buildings. The 30' setback along Avenida Encinas and Poinsettia Lane
shall be landscaped as shown in Figure 4.
(3) Streetscape adjacent to the interior street:
interior street shall be landscaped as shown in Figure 5.
The 15' setback along the
(4) Parking areas: The intent of landscaping in parking lots is to offer relief
fiom the monotony of rows of parked cars and to create an overhead
canopy. At least five percent of the parking shall be planted with a
mixture of ground cover, shrubs and trees. All parking lot trees shall be a
minimum of 15 gallon size.
(5) Irrigation: All landscaped areas shall be permanently irrigated. The
irrigation system shall be designed and operated to prevent or minimize
run-off and discharge of irrigation water onto roadways, driveways,
adjacent properties and any area not under control of the user.
(6) Street Trees:
bubblers.
All street trees shall be 24" box size, with individual
Sips: Prior to the issuance of any building permits for this site, a detailed,
comprehensive sign program for the entire site shall be submitted to and approved
by the Planning Director. The following sign standards shall apply to this site and
be incorporated into the comprehensive sign program:
(1) Freestanding Sim - One fieeway oriented, freestanding sign for the
specific plan area shall be permitted. This sign shall only identify the
tourist-oriented uses on the site (Lots 1-5 inclusive as shown on the
tentative map) and shall comply with the specifications set forth in SP-
186(A). The sign shall have a maximum height of 37 1/2 feet above
freeway level and a maximum area of 250 square feet. The sign,
individual sign panels on the sign, and future changes to sign panels will
be designed to be architecturally compatible with surrounding
development and subject to approval of the Planning Director.
(2) - Each lot may have one monument sign, with a
maximum height of 6 feet and a maximum area of 36 square feet. All
monument signs shall conform to one architectural design which shall be
approved by the Planning Director.
6 Is,
(3) Wall Si= - Each building may have a .6 square feet of wall signs for
every lineal foot of building frontage. Except for Tourist-Commercial
uses, no wall signs shall face directly toward Interstate 5.
(H) Storage: No outside storage shall be permitted.
(I) Roof Equipment: All roof equipment (and similar equipment, such as air
conditioners, ducts, tanks, piping, etc.) shall be screened so as not to be visible
from the freeway or adjacent streets.
(J) Refuse Collection Areas: All outdoor refuse collection areas shall be completely
enclosed and screened from the freeway, streets and adjacent property by a
decorative block wall constructed of durable material. Location and materials
shall be shown on each building plan.
(K) Lighting: A detailed lighting plan shall be submitted to and approved by the
Planning Director prior to the issuance of building permits. All lighting fixtures
shall be shielded from direct glare onto adjoining properties.
(L) Loadinn Areas: All loading areas shall be oriented and/or screened so as not to be
visible from the freeway or adjacent streets.
7
The City of Carlsbad Planning Department EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: July 20,2005
Application complete date: N/A
Project Planner: Jennifer Coon
Project Engineer: N/A
SUBJECT: GPA 02-03/ZCA 02-02LCPA 02-06/SP 186(B) - C-T ZONE AND TR LAND
USE DESIGNATION AMENDMENTS - Request for a recommendation to
adopt a Negative Declaration, and recommendation of approval of a General Plan
Amendment, Zone Code Amendment, Local Coastal Program Amendment, and
Specific Plan Amendment, which consist of amendments to: 1) the description of
the TR land use designation in the Land Use Element of the General Plan, 2) the
C-T zone regulations in the Zoning Ordinance, 3) the definition of “visitor-
serving commercial” in the Local Coastal Program, and 4) the description of
“travel oriented uses” in Specific Plan 186, which applies to properties located
north of Poinsettia Lane, west of Interstate 5 and east of Avenida Encinas.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5924
RECOMMENDING ADOPTION of a Negative Declaration, and ADOPT Planning
Commission Resolutions No. 5925, 5926, 5927, and 5928 RECOMMENDING APPROVAL
of General Plan Amendment GPA 02-03, Zone Code Amendment ZCA 02-02, Local Coastal
Program Amendment LCPA 02-06, and Specific Plan Amendment SP 186(B), based on the
findings contained therein.
11. INTRODUCTION
The proposed amendments are part of a larger, City-initiated project called the “General
PladZoning Consistency Program” (GPZCP). The GPZCP is a multi-part project aimed at
achieving consistency between the General Plan and Zoning Ordinance. There are several
components of the GPZCP, one of which is to determine the zone classification that is intended
to implement each of the general plan land use designations. In doing this analysis, staff has
identified several amendments that are necessary to both the General Plan and Zoning Ordinance
to achieve consistency between the land use designations and implementing zones.
On September 21, 2004, the City Council approved the first phase of the GPZCP, which
consisted of amendments to the residential policies and regulations in the General Plan and
Zoning Ordinance. The proposed amendments are part of the next phase of GPZCP amendments
(commercial policies and regulations).
GPA 02-03/ZCA 02-02LCPA 02-06/SP-186@) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
1
Page 2
Amend the description of the TR land use designation in the Land Use Element of the
General Plan by clarifying the intent of the designation, and providing more examples of the
types of uses intended to be developed in areas designated TR.
As part’of the commercial amendment phase of the GPZCP, the proposed amendments are
focused only on the TR (TravelRecreation Commercial) General Plan land use designation and
the C-T (Commercial-Tourist) zone regulations (Chapter 21.29 of the Zoning Ordinance). The
C-T zone is the implementing zone for the TR land use designation. The proposed amendments
are intended to ensure consistency between the intent of the TR land use designation and the
implementing zoning regulations (C-T zone). Amendments to other commercial land use
designations and zones are being processed separately.
1
2
3
4
With regard to the proposed Local Coastal Program (LCP) Amendment, the Zoning Ordinance is
the implementing ordinance for the LCP; therefore, a LCP amendment is necessary. Also, the
definition of “visitor-serving commercial” in the LCP document is proposed to be amended to
ensure consistency with the proposed General Plan and Zone Code amendments. The
amendment to Specific Plan 186 is also necessary to ensure consistency with the proposed
General Plan and Zone Code amendments.
Clarify the intent and purpose of the C-T zone.
Eliminate the requirement for a minimum three-acre C-T zone district
Reformat the C-T zone chapter to be consistent with the new ordinance format, and list all
permitted and Conditionally permitted uses.
Modify the list of permitted and conditionally permitted uses in the C-T zone to better
implement the TR land use designation (i.e. add more uses to the list of permitted uses, and
delete uses that are not consistent with the intent of the C-T zone and TR land use
designation).
111. PROJECT DESCRIPTION AND BACKGROUND
Project Description
The project consists of amendments to City policies and regulations relating to the TR land use
designation and C-T zone, which are contained in the General Plan, Zoning Ordinance, Local
Coastal Program and Specific Plan 186. The purpose of the proposed amendments is to ensure
consistency between the General Plan and Zoning Ordinance. The proposed amendments
include the following:
TABLE B
GPA 02-03/ZCA 02-02LCPA 02-06/SP-l86(B) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
Page 3
1
Modify the definition of “visitor-serving commercial” in the Mello I1 Segment of the LCP
to be consistent with the amendments proposed to the TR land use designation and C-T
TABLE D
SPECIFIC PLAN AMENDMENT - SP 186(B) I , I Modify the description of “travel oriented uses” in Specific Plan 186 to be consistent with I I I the amendments DroDosed to the TR land use designation and C-T zone. I
Background
The proposed amendments were initiated as part of the GPZCP to ensure consistency between
the TR (TravellRecreation Commercial) policies in the General Plan and the C-T (Commercial
Tourist) zone regulations in the Zoning Ordinance. In addition, amendments to the LCP and SP
186 are necessary to ensure consistency with the General Plan and Zoning Ordinance.
Prior to scheduling the proposed amendments for public hearing, staff mailed a notification and
draft copy of the proposed amendments to all owners of land designated TR and/or C-T. The
notice was sent in addition and prior to the standard noticing required for the proposed
amendments. As of the date of this report, staff received the following comments: 1) Scott
Malloy with the BIA commented on staff’s original proposal to amend the yard requirements in
the C-T zone; 2) Mike Howes with Howes, Weiler, and Associates provided a comment in
regard to the list of permitted uses; and 3) SDG&E commented on the requirement for a
conditional use permit for utility buildings and facilities. Additional information regarding these
comments is provided below in the Analysis section of this report. Staff was also contacted by
several property owners who had questions in regard to how the amendments affected their
properties. Staff answered their questions and the property owners had no fiuzher concerns or
additional comments.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances and standards as analyzed
within the following section of this staff report:
A. General Plan;
B. Zoning Ordinance;
C. Local Coastal Program; and
D. Specific Plan 186.
GPA 02-03/ZCA 02-02LCPA 02-06/SP- 186(B) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
Page 4
A. General Plan Amendment
1. Modi@ the description of the TR land use designation.
The purpose of the proposed amendment to the TR land use designation description is to clarify
the intent and purpose of the designation by minor language modifications and an expansion of
the examples of uses intended to be developed on land designated TR.
The TR land use designation is intended to be developed with uses that serve the travel and
recreational needs of tourists, residents, and employees of businesses in Carlsbad. These types
of uses can include tourist-oriented attractions (like Legoland), hotels, restaurants, and other
recreational, commercial, and service uses that attract visitors and serve their needs while they
are visiting Carlsbad.
The existing description of the TR land use designation in the General Plan provides a very basic
description of the types of uses intended to be developed in the designation. Other than “spas”,
“hotels” and “motels,” the description does not include any other example of the types of uses
that would be considered “tourist-oriented” uses.
Therefore, to provide better clarification regarding the types of uses that would be considered
“tourist-oriented,” staff is proposing to add a few additional examples of “travel-oriented” uses
to the TR description. Other amendments to the TR description consist of minor modifications
to the existing language for clarity and elimination of redundancy. The description of the TR
land use designation is proposed to read as follows (the added examples of tourist-oriented uses
are shown in bold type):
’
“Travel/Recreation Commercial (TR): This land use category designates areas for
visitor attractions and commercial uses that serve the travel and recreational needs
of tourists, residents, as well as employees of business and industrial centers.
Such uses may include, but are not limited to, hotels and motels, restaurants,
recreation facilities, museums, travel support services, and specialty retail
uses catering to tourists. Travelhecreation commercial uses are generally
located near major transportation corridors or recreational and resort areas such as
spas, hotels, beaches or lagoons. Travelhecreation commercial uses should be
compatible with and designed to protect surrounding properties, should ensure
safe traffic circulation and should promote economically viable tourist-oriented
areas of the City.”
B. Zone Code Amendment
The C-T zone (Chapter 2 1.29 of the Zoning Ordinance) is the implementing zone for the TR land
use designation, and the amendments proposed to the C-T zone chapter are intended to ensure
that the zone fully implements the intent of the TR designation.
GPA 02-03/ZCA 02-02LCPA 02-06ISP- 186(B) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
Clarifi the intent and purpose of the C-T zone.
The proposed amendments to the C-T zone chapter include a modification to the “Intent and
Purpose” section to clarify that the zone is intended to implement the TR land use designation,
and to provide for the development of uses that serve the travel and recreational needs of tourists,
residents and employees of businesses in Carlsbad.
Eliminate the requirement for a minimum three-acre C-T zone district.
Existing Section 21.29.020 of the C-T zone chapter requires that a C-T zone “district” shall have
a minimum of three acres of adjacent properties. The purpose of this requirement, as stated in
the staff report for ZCA-83, dated January 26, 1977 (establishing the C-T Zone), was that in
order “to develop a C-T zone district properly, the property must be large enough to contain at
least one major business and secondary businesses.”
It appears that the original intent of the requirement was to provide enough area for the
development of commercial-tourist centers, with primary and secondary uses. However, the
majority of C-T zoned properties within the city have not developed as “centers”. Rather, the
majority, due to the current list of permitted uses, have developed as stand-alone hotels,
restaurants or gas stations.
The C-T zone does not require that the uses allowed in the zone be developed as a center with
primary and secondary uses. Therefore, it is not necessary to require a minimum “district” area
requirement. The General Plan specifies the areas where such uses would be appropriate (i.e.
“generally located near major transportation corridors or recreational and resort areas such as
spas, hotels, beaches or lagoons”).
The majority of existing C-T zoned properties are a minimum of three acres in area (either
individually or when added together with adjacent C-T zoned parcels). However, there are some
properties anticipated to be rezoned to C-T (as a second phase to this project), which do not meet
the three-acre “zone district” requirement (ex. Vigilucci’s restaurant on the northeast corner of
Carlsbad Boulevard and Tamarack Avenue).
Any future proposal to zone a property C-T will be subject to Planning Commission and City
Council approval, which ensures the city will have the discretion to determine whether or not a
site is appropriate for a “commercial-tourist” use. Eliminating the three-acre minimum “district”
requirement will provide the city with more flexibility in locating uses that serve the travel needs
of tourists, residents and employees of local businesses.
The three-acre district requirement is proposed to be replaced with the following statement: “it
is intended that the C-T Commercial-Tourist Zone be placed on properties located near major
transportation corridors or recreation areas as designated by the general plan and any applicable
specific plans.”
GPA 02-03/ZCA 02-02LCPA 02-06/SP-l86(B) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
Pane 6
Reformat the C-T zone chapter.
The C-T zone chapter is proposed to be reformatted to be consistent with the format currently
being implemented for new ordinances (i.e. modified section numbers and lettering). Also, the
sections that list the permitted uses are being replaced with a table that lists all permitted and
conditionally permitted uses. Currently, the uses conditionally permitted in the C-T zone are
listed in two different chapters of the Zoning Ordinance (Chapter 2 1.29 - C-T Zone, and Chapter
21.42 - Conditional Uses). The proposed amendment will make it easier to determine what uses
are permitted and conditionally permitted in the zone by listing them all in one place.
Modifv the list of permitted and conditionally permitted uses to better implement the TR land
use designation.
Currently, the list of “permitted” uses in the C-T zone is very limited, consisting of hotels,
motels, and restaurants. Accessory uses are also permitted, provided they are an integral part of
a hotel, motel or restaurant (such as, bakeries, beauty shops, and souvenir stores). Some of the
conditionally permitted uses in the C-T zone include automobile service stations, bus terminals,
produce stores/stands, recreation facilities, and bed and breakfast uses.
Staff is proposing to expand the list of “permitted” uses in the C-T zone to better implement the
intent of the TR land use designation. As indicated above, the TR land use designation is
intended to be developed with uses that serve the travel and recreational needs of visitors,
residents and employees of businesses in Carlsbad. There is a broader spectrum of uses, in
addition to hotels, motels, and restaurants, that would serve the travel and recreational needs of
visitors and residents. Therefore, to ensure the intent of the TR land use designation is fully
implemented, staff is recommending that several uses be added to the zone as either “permitted”
or “conditionally permitted”.
Some of the uses proposed to be added are uses that are permitted in other zones of the city, and
which serve the travel needs-of visitors and residents. Other proposed uses are new (not
currently listed in any zone). Staff identified these new uses by surveying the uses permitted in
the tourist-orientedvisitor-serving zones of other cities. Attachment 6A lists the uses proposed
to be added to the C-T zone, and explains the reason for adding the use.
Some of the conditionally permitted uses currently allowed in the C-T zone, pursuant to the
Conditional Uses chapter, are not consistent with the intent of the TR land use designation and
C-T zone. Therefore, staff is recommending that those uses no longer be allowed in the C-T
zone. Attachment 6C lists the uses that are proposed to no longer be permitted, and explains
why the use is not appropriate for the C-T zone.
Attachment 6B lists the uses that are currently permitted or conditionally permitted in the C-T
zone, and which are recommended to remain permittedconditionally permitted. These uses
either serve the travel needs of visitors and residents of the city, or are uses that are traditionally
permitted in most zones of the city (such as, churches, cemeteries, and schools).
GPA 02-03IZCA 02-02LCPA 02-06/SP- 1 86(B) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
Comments received on the C-T zone amendment.
As of the date this report was prepared, staff received comments on the proposed amendments
from Scott Malloy, representing the BIA, Mike Howes, representing Howes, Weiler, and
Associates, and from San Diego Gas & Electric (SDG&E).
Regarding comments from Scott Malloy:
The draft amendment to the C-T zone chapter that was attached to the public notices for this
project included a proposal to add a requirement for a 30-foot building setback along circulation
element roadways. The C-T zone does not currently have a requirement for a front yard setback.
The C-T zone does have a requirement for a rear and side yard setback of 10 feet when the side
or rear lot line abuts residential property. The proposal to establish a 30-foot yard requirement
along circulation element roadways was intended to be consistent with the requirements of the
Commercial Visitor Serving Overlay (CVSO) zone, which requires arterial roadway setbacks
ranging from 50 feet to 30 feet.
.Scott Malloy with the BIA expressed concerns with the 30-foot yard proposal. He stated that on
smaller sites it might not be feasible to design a project with 30-foot setbacks from arterial
roadways. He also indicated that some businesses prefer to design the site with the buildings
closer to the roadway for visability, and he stated that a 30-foot setback requirement seemed
excessive.
Staff considered Mr. Malloy’s comments and decided to eliminate the proposal to establish a 30-
foot yard requirement along circulation element roadways in the C-T zone. The proposal to
require a SDP for all development in the C-T zone will provide the city with the flexibility to
review sites on a case-by-case basis and determine what yard requirements would be appropriate
for a particular property. Also, many C-T zoned properties are located within the CVSO zone,
which has established setback requirements as stated above.
The intent of the amendments to the C-T zone is to achieve consistency with the TR land use
designation. The yard requirements of the C-T zone do not affect the zones consistency with the
General Plan. Therefore, an amendment to the C-T zone yard requirements is no longer
proposed.
0 Regarding comments from Mike Howes:
Mike Howes provided comments on the proposed list of permitted uses. The original draft of the
C-T zone amendment included a proposal to require a CUP for “grocery/produce/convenience
stores (not to exceed 2,500 sq. fl.)’’. Mr. Howes pointed out that no CUP was proposed for “food
stores (specialty) (e.g., ice cream, candy, deli, bakery, pastry shop, fish market)”, which is a
similar use to a small grocery or produce store that is no more than 2,500 square feet. He
suggested that no CUP be required for “grocery/produce/convenience stores”. Staff agreed with
Mr. Howes that the two uses are similar, and that a CUP is not necessary for a
“grocery/produce/convenience store”. The C-T zone amendment proposes to list
“grocery/produce/convenience stores (not to exceed 2,500 sq. ft.)” as a “permitted” use (no
longer require a CUP).
70
GPA 02-03IZCA 02-02LCPA 02-06/SP- 186(B) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
Regarding comments from SDG&E:
In a letter dated June 1, 2005, Jill Larson, Attorney for SDG&E, objected to the proposal to
require a CUP for “public/quasi-public accessory utility buildings/facilities”. A CUP is currently
required for “accessory public and quasi-public utility buildings and facilities”, as per the
Conditional Uses Chapter. The proposed amendment to the C-T zone includes listing the use in
the new “Table A Permitted Uses”.
Although the CUP requirement for utility buildings and facilities is not a new requirement, Ms.
Larson stated in the letter that the City does not have the authority to require a CUP based on
Article XI1 Section 8 (Public Utilities) of the California Constitution, which states (in part) “[a]
city, county or other public body may not regulate matters over which the Legislature grants
regulatory power to the Commission [Public Utilities Commission]”. Ms. Larson argues that
SDG&E (a public utility) is not subject to the requirement for a CUP because the California
Public Utilities Commission (CPUC) has exclusive jurisdiction over the “maintenance activities
and facilities of public utilities”.
The City Attorney’s office has reviewed this matter and agrees that the City does not have the
authority to require a CUP for public utilities to the extent that they are regulated by the CPUC.
Therefore, staff has added the following sentence to “Note 3” under the table of permitted uses
(Table A) in the C-T Zone chapter:
“A CUP shall not be required for those utility buildings/facilities that are built, operated
or maintained by a public utility to the extent it is regulated by the California Public
Utilities Commission. ’’
C. Local Coastal Program Mello I1 Segment Amendment
The definition of “visitor-serving commercial” in the Mello I1 Segment of the LCP is proposed
to be amended to be consistent with the amendments proposed to the General Plan and Zoning
Ordinance. The definition currently reads as follows:
“ Visitor-sewing commercial uses” shall be dejned to include hotels and motels,
recreational facilities, restaurants and bars, amusement parks, public parks,
horticultural gardens, farmers’ markets, retail uses accessory to another use
which is the primary use of the site, and other accessory uses customarily
catering to hotel and motel guests. The May Co. properties located at the east
end of Buena Vista Lagoon (see Exhibit 4.5, Page 75) will be designated for
commercial, not visitor-sewing commercial uses.
The proposed modifications to the definition are not significant, and include the addition of
language to clarifjt that “visitor-serving commercial” uses are uses that “serve the travel and
recreational needs of visitors, residents and employees of local businesses”. Also, the examples
of such uses are modified to more closely match those provided in the TR land use designation
description and C-T zone. Also, the reference to the “May Co. properties” is proposed to be
replaced with “Plaza Camino Real and North Coast Plaza properties.” The amended definition is
proposed to read as follows:
GPA 02-03/ZCA 02-02/LCPA 02-06/SP- 186(B) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
‘I Visitor-serving commercial uses ’’ shall be defined as uses that serve the travel
and recreational needs of visitors, residents and employees of local businesses,
including, but are not limited to, hotels and motels, restaurants, recreation
facilities, museums, travel support services, and specialty retail uses catering to
tourists. The Plaza Camino Real and North Coast Plaza properties located at the
east end of Buena Vista Lagoon (see Exhibit 4.5, Page 75) will be designated for
commercial, not visitor-serving commercial uses.
D. Specific Plan 186 Amendment
The description of “travel oriented uses” in Specific Plan 186 is proposed to be amended to be
consistent with the amendments proposed to the TR land use designation and C-T zone. Specific
Plan 186 applies to properties located north of Poinsettia Lane, west of 1-5, and east of Avenida
Encinas. The proposed amendment would apply to properties within area “B” of the specific
plan, consisting of six lots directly north of Poinsettia Lane (developed with hotels and a
restaurant).
The specific plan provides a list of uses permitted in area “B.” The list of uses is exactly the
same as the permitted uses currently listed in the C-T zone chapter. Staff is proposing to amend
the list of uses permitted in area “B” by replacing the list of uses with a reference to the C-T zone
chapter of the Zoning Ordinance. This will ensure that SP 186 is consistent with the C-T zone.
Other minor text amendments to SP 186 are proposed to ensure the terminology used in the
specific plan is consistent with that used in the General Plan and Zoning Ordinance.
E. General Plan, Zoning Ordinance, Local Coastal Program consistency
The purpose of the proposed amendments is to ensure consistency between the policies and
regulations for travel-orientedvisitor-serving commercial uses in the General Plan, Zoning
Ordinance, Local Coastal Program and Specific Plan 186. The proposed amendments will not
result in any inconsistencies with the other policies of the General Plan, or the provisions of the
Zoning Ordinance, Local Coastal Program, and SP 186 not being amended. The proposed
amendments will correct existing inconsistencies.
The proposed amendment to the C-T zone is consistent with and implements General Plan Land
Use Element - Commercial Implementing Policy C.12, which states that Section 21.29.030 of the
Zoning Ordinance (C-T Zone, Permitted Uses) shall be revised “to more accurately reflect the
intent of the Travelmecreation Commercial general plan designation to serve the traveling
public, visitors to the city, as well as employees of business and industrial centers.”
The proposed LCP amendment and SP 186 amendment is necessary to ensure consistency
between the documents and the General Plan and Zoning Ordinance. The proposed amendments
will not result in any conflict with the provisions of the LCP or SP 186.
GPA 02-03/ZCA 02-02LCPA 02-06/SP-l86(B) C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS
July 20,2005
V. ENVIRONMENTAL REVIEW
The initial study (EIA Part 11) prepared for this project did not identify any potentially significant
impacts on the environment. A Negative Declaration has been prepared and is being
recommended for adoption as part of the approval of the proposed General Plan Amendment,
Zone Code Amendment, Local Coastal Program Amendment, and Specific Plan Amendment.
A Notice of Intent to Adopt a Negative Declaration was posted in the newspaper, and mailed to
the California Coastal Commission and State Clearinghouse for circulation. No comments were
received prior to the preparation of this report.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Planning Commission Resolution No. 5924 (Negative Declaration)
Planning Commission Resolution No. 5925 (GPA)
Planning Commission Resolution No. 5926 (ZCA)
Planning Commission Resolution No. 5927 (LCPA)
Planning Commission Resolution No. 5928 (SP186(B))
Zone Code Amendment (ZCA 02-02) Analysis
Strike-out and underline version of proposed General Plan Amendments
Strike-out and underline version of proposed Zone Code Amendment
Strike-out and underline version of proposed Local Coastal Program Amendment
Strike-out and underline version of proposed Specific Plan 186 Amendment
JC:bd
i - 1
XI
X X X X
-
X X- X
a 2
n z
4
d
- 74 I
v,
5 a
a
9
a
v)
z
(v c
8
I- z W E 0 z W 32
W 0 0 0
W z w
I
X
U a B a 0
0 c
v)
0
v)
c a
S
c c.
v
p!
c
.-
X
X X
X
t
X
c 1 Z x a
O
U 3
0
c
E
s
-
v) 0. 0 c v) a a E
-r
Ix XI X
I
X
I-
-
X 4-
X X X
cq r:
Q
v)
P c
c
8 L 8
E a
3
0 a c
v) v) a
L 3 3 a
4
a C 8
5 -
a E r
E
0 a
P 2 E E 3 3
X
t
I
i
I:
*
I
E
?
L
e
I
E
E c
c E
i I
.I
ititi >33 >00 al QI a
ti 3 0 a s .-
8 k 0
s
3 a C
a
C
U a t:
.-
.- E P
2-l
c - c
E L 5
X
titi 33 00 la la ss
8
3s ga a C
-I- I- jlcj 16
E P
.= I $1 3 - a S 0
C 0 0
.- c a
-r
X
-
c:
LL
3 4
E
P C a:
S
P 0 x
a -
5 e $
-
- d
al
al
0 C
al
n
4-
w
0 -
u1 0 0 c v)
t=
K
c
L - -
3 E
E
a: c a:
C a: a: I:
a -
E
E m
C
E 5 -
Strike-ouUUnderline Version of
GPA 02-03 - C-T Zone & TR Land Use Designation Amendment
Land Use Element
b.
C.
access. Landscaped buffers should be
provided around the project site between neighborhood commercial uses and other
uses to ensure compatibility. All buildings should be low-rise and should include
architecturaVdesign features to be compatible
with the neighborhood. Permitted uses and
building intensities should be compatible with
surrounding land uses.
Regional Commercial (R): Regional commercial centers provide shopping goods,
general merchandise, automobile sales,
apparel, furniture, and home furnishing in full depth and variety. Two or more department
stores are typically the major anchors of a
regional shopping center, while other stores
supplement and complement the various
department store lines. New forms of regional
centers may include such developments as outlet centers with an aggregation of factory
outlet stores where there are no specific
anchor tenants although such centers are
regional and enjoy a strong tourist trade. Regional centers draw customers from
outside the City and generate interregional traffic. For this reason, such centers are
customarily located on a site that is easily
visible as well as accessible from interchange
points between highways and freeways-
Local shopping centers may be adjunct to regional centers to also serve the daily
convenience needs of customers utilizing the larger shopping center. A group of
convenience stores, service facilities,
business and professional oEces are also
often associated with a regional center. Some of these may be incorporated in the center
itself, or arranged at the periphery in the
immediate area.
TravellRecreation Commercial (TR): This
land use category
designates areas for
visitor attractions and commercial uses that
serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers. Such uses
may include, but are not limited to, hotels
and motels, restaurants, recreation
facilities, museums, travel support
services, and specialty retail uses catering
to tourists.
Travellrecreation commercial uses are
generally located near major transportation
corridors or recreational and resort areas such as spas, hotels, beaches or lagoons.
Travellrecreation commercial uses should
be compatible with and desianed to protect
#+surrounding properties, should ensure safe traffic circulation and should promote
economically viable tourist-oriented areas of
the City.
d. Village 0: The Village addresses land uses located in the heart of "old" Carlsbad in the
area commonly referred to as the "downtown". Permitted land uses may
include retail stores, offices, financial
institutions, restaurants and tourist-serving
facilities. Residential uses can be intermixed
throughout the area. The Village is
designated as a redevelopment area and is
regulated by the Carlsbad Village Area Redevelopment Plan and the Village Design
Guidelines Manual.
e. Office and Related Commercial (0): This
classification designates areas that are
compatible with and environmentally suited
for office and professional uses, as well as related commercial uses. This designation is
especially appropriate for medical office use. Office and related commercial land use can
be used as buffers between retail commercial areas and residential uses.
3. PLANNED INDUSTRIAL (PI)
Planned Industrial land uses include those areas
currently used for, proposed as, or adjacent to
industrial development, including manufacturing,
warehousing, storage, research and
development, and utility use. Agricultural and outdoor recreation uses on lots of one acre or
more are considered to be a proper interim use for industrially designated areas.
4. GOVERNMENTAL FACILITIES (G)
This classification of land use designates areas
currently being used for major governmental facilities by agencies such as the city, county,
Amended September 21,2004 Page 19
STRIKE-OUTNNDERLINE VERSION OF
ZCA 02-02 - C-T ZONE & TR LAND USE DESIGNATION AMENDMENT
Chapter 2 1.29
C-T COMMERCIAL TOURIST ZONE
Sections:
2 1.29.0 10
21.29.020 #qphw&m Location.
2 1.29.030 Permitted &Jses ZH&&E&M.
Intent and purpose. ..
2 1.29.0@0 Building height.
21.29.0320 Placement of buildings.
21.29.010 Intent and purpose.
A.
1.
2.
The intent and purpose of the C-T Commercial Tourist Zone is to:
Implement the TraveVRecreation Commercial (TR) Land Use designation of
the Carlsbad General Plan: and
Provide for the development of tourist-oriented attractions and commercial
uses that serve the travel and recreational needs of tourists, residents, as well as emplovees
of business and industrial centers: and
3. Provide regulations and develoDment standards to ensure such uses are
compatible with and designed to protect surrounding properties, ensure safe traffic
circulation, and promote economically viable tourist-oriented areas of the City.
.. 2 1.29.020 Appk&w~ Location.
A. It is intended that the C-T e~ommercial4~ourist zzone be placed on properties
located near maior transportation corridors or tr.
recreation areas as designated by the general plan and any applicable specific plans.
21.29.030 Permitted wuses ad+w&ws.
In the C-T ecommercial4xourist zzone, notwithstanding any other Drovision
of this title, only the #iAkwkg uses and structures listed in Table A, below, itfe shall be
permitted, subject to the requirements of this chapter and the development standards provided in
Chapters 21.41 and 21.44,
The uses and structures permitted bv conditional use permit, as indicated in
Table A, shall be subiect to the provisions of Chapters 21.42 and 21.50.
A.
B.
1
C. Uses similar to those listed in Tables A and B may be permitted if the
planning director determines such similar use falls within the intent and Durpose of this
zone, and is substantially similar to a specified permitted use.
A use category may be general in nature, where more than one particular use
fits into the general catepory (e.p., in some commercial zones “offices” is a general use
catepory that applies to various office uses). However, if a particular use is permitted by
conditional use permit in any zone, the use shall not be permitted in a zone (even under a
general use category), unless it is specifically listed in the zone as permitted or conditionallv
permitted.
D.
(I> U* L
2
91 C? 1- a I .JJ. x
&
TABLE A
Permitted Uses
In the table, below. subiect to all applicable permitting: and development requirements of
the Municipal Code:
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use Dermit.
0 “Acc” indicates use is permitted as an accessory use.
USE_- P
Accessory usedstructures. which are customarily appurtenant to a
permitted use (es., incidental storage facilities) (see note 1, below)
Agricultural farmworker housinp (temporary), subiect to Section
2 1.42.010(2)(M)
_/defined: Section 21.04.0201
Section 21.04.091)
Art galleries &
Athletic clubs, gymnasiums, health clubs & ,ATM kiosks (see note 1, below1
- Automobile rental (no auto repaid g Automobile service station, subiect to Section 21.42.010(‘7)
Bars, cocktail lounpes, subiect to Section 21.28.015(4) (defined:
Section 21.04.041)
Bed & Breakfasts, subiect to Section 21.42.010(12)(A) (defined:
- Section 21.04.046)
Biological habitat preserve, subiect to Section 21.42.010(15)(A)
ldefined: Section 21.04.048)
I Airports
Amusement parks
Aquaculture (defined: Section 21.04.036)
Aquariums
Arcades (coin-operated), subiect to Section 21.42.010(5)(u) ( defined:
CUP -
X
X
- - X
X - - X
X
-
-
X
X
X
- -
-
- X
X -
3
2
TABLE A cont’d
Permitted Uses
Ho tels/motels
Mobile buildings (temporary), subiect to Section 21.42.010(2)(N) Y
3
USE_ Public meeting halls, exhibit halls, and museums
Public/quasi-public accessorv utilitv buildings and facilities (see note
3, below)
Racetracks
4
CUP Acc
3
X
3
-
Radio/television/microwave/broadcast ~ station/tower
21.105 (defined: Section 21.05.015)
Recreation facilities
Recycling: collection facilities (small or large), su biect to Chapter
Recycling, reverse vending machines, subject to Chapter 21.105 (see
Restaurants, cafes, coffee shops, including take-out only (no drive-
thru)
Restaurants (located adiacent to residentially developed or
X -
x x x
X - --~
5
21.29.0@0 Building height.
No building in the C-T zone shall exceed a height of thirty-five feet or three levels
and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet.
Additional building height may be permitted to a maximum of forty-five feet through a site
development plan approved by the city council provided that:
A.
WLThe building does not contain more than three levels; &
@LA11 required setbacks shall be increased at a ratio of one horizontal foot for every
one foot of vertical construction beyond thirty-five feet. The additional setback area will be
maintained as landscaped open space; and
MLThe building conforms to the requirements of Section 18.04.170 of this code; and
(dj44The allowed height protrusions as described in Section 21.46.020 do not exceed
forty-five feet; with the exception of architectural features such as flagpoles, steeples or
architectural towers which may be permitted up to fifty-five feet if the council makes the specific
findings that the protruding architectural featuresi
ma. BDo not function to provide usable floor area; and
ob. dDo not accommodate and/or screen building equipment; & Wc. BDo not adversely impact adjacent properties; and
wd. &re necessary to ensure a building’s design excellence.
21.29.0720 Placement of buildings.
On any lot where the side or rear lot line abuts property in any R zone and no
alley intervenes, no building shall be erected closer than ten feet to such lot line; provided,
further, if such a lot abuts upon an alley, no building shall be erected closer than five feet to the
rear lot line of such lot.
A.
6
86
STRIKE-OUTNNDERLINE VERSION OF AN AMENDMENT
TO THE MELLO I1 SEGMENT OF THE LOCAL COASTAL PROGRAM
LCPA 02-06 - C-T ZONE & TR LAND USE DESIGNATION AMENDMENTS
POLICY 6-8 DEFINITION OF VISITOR-SERVING COMMERCIAL USES, AND EAST
END OF BUENA VISTA LAGOON
“Visitor-serving commercial uses” shall be defined-te-b&& as uses that serve the travel and
recreational needs of visitors, residents and employees of local businesses, including, but
not limited to, hotels and motels, restaurants, recreation facilities, museums, travel support
services, and specialty retail uses catering to tourists. 2 ...
l. The W- Plaza Camino Real and North
Coast Plaza properties located at the east end of Buena Vista Lagoon (see Exhibit 4.5, Page 75)
will be designated for commercial, not visitor-serving commercial uses.
STRIKE-OUT/UNDERLINE VERSION OF
SP 186(B) - C-T ZONE & TR LAND USE DESIGNATION AMENDMENT
SPECIFIC PLAN 186
Oripinal Approval Date: January 18,1983
Amended: SP 186(A) March 4,1986
Amended: SP 186m) nNSERT APPROVAL DATE1
I. PURPOSE AND LOCATION
The purpose of this Specific Plan is to provide a comprehensive development plan for the area
between Interstate 5 and Avenida Encinas, north of Poinsettia Lane as shown on Figure 1. This
plan is to insure that development of this area takes into consideration adjacent and neighboring
properties, existing developments, and future development.
This Specific Plan is intended to be a tool to implement the goals and policies of the Carlsbad
General Plan. This plan is primarily intended to provide a set of development standards and does
not provide a guarantee of approval for any future discretionary acts or projects within its
boundaries.
This Specific Plan is adopted pursuant to the provisions of California Government Code Sections
65450 et. seq. and of the Land Use Element of the City of Carlsbad General Plan. A Specific
Plan is required for this area pursuant to pge&2@+--the Land Use Element, which requires
the we approval of a specific plan in conjunction with the Combination District.
11. GENERAL PLAN AND ZONING DESIGNATIONS
The site is designated in the Land Use Element of the city’s General Plan as a combination
district ++hi& that includes the TraveVRecreation C””’;””Commercial (Tag) and Community
Commercial (C) categories. The intent of the TravellRecreation Stwie+Commercial (TBS)
category is to provide uses which are oriented toward the traveling public (Le., hotels, motels,
restaurants, service stations, etc.). The intent of the Community Commercial (C) in this area is to
provide a wide range of facilities for retail trade, convenience goods, services and professional
office uses that would cater to the traveling public as well as local residents.
As shown on Figure 2, area A has been designated for development with general commercial
type uses as detailed in Section V of this plan. Area B has been designated for travel service
type of uses as designated by Section VI of this plan.
111. GENERAL DEVELOPMENT CONCEPT
The Specific Plan area will be a comprehensively planned travel oriented commercial and
community commercial type development. The area will feature extensive landscaping,
including street side berming, sign controls and flexible‘ development standards.
IV. CIRCULATION
Lots 1 - 4, and 10 shall waive access rights on Avenida Encinas and Poinsettia Lane and gain
access from the interior street. The location of driveways for lots 11 - 16 shall be subject to the
approval of the City Engineer and Limd-be Planning Director Maaage~.
2
89
V. AREA A - GENERAL COMMERCIAL USES
(A) Permitted Uses
Accountants;
Attorneys;
Bakeries;
Barbershops or beauty parlors;
Book and stationery stores;
Commercial printing and photo engraving;
Delicatessen stores;
Doctors, dentists, optometrists, chiropractors and others practicing the
healing arts for human beings and related uses such as oculists,
pharmacies (prescription only), biochemical laboratories and X-ray
laboratories;
Dressmaking or millinery shops;
Drugstores;
Dry goods or notion stores;
Engineers, architects and planners;
Financial institutions
Florist shops;
Grocery or fruit stores;
Hardware stores;
Hotels, motels;
Jewelry stores;
Laundries or clothes cleaning agencies;
Laundromats ;
Meat markets;
Mimeographing services;
Paint stores:
Private clubs, excepting those the chief activity of which is a service
customarily carried on as a business;
Realtors;
Restaurants, tea rooms or cafes (excluding dancing or entertainment and
on-sale liquor);
Shoe stores or repair shops;
Tailors, clothing or wearing apparel shops;
Other uses determined to be compatible by ~~~~A-RNAX Planning
Director Mam-ge~.
(B) Uses and structures permitted bv Conditional Use Permit. Subject to the
provision of Chapter 21.50, the following uses and structures are permitted by
Conditional Use Permit. In addition to the findings required by Chapter 2 1 SO, in
order to approve a Conditional Use Permit, it must be found that the use, as
proposed, will not adverse affect the viability of use of the area as a commercial-
tourist district or adversely affect nearby uses or traffic movements.
3
(1) Bars, cocktail lounges and other licensed (on-sale) liquor dispensing
operations not meeting the definition of a bona fide eating establishment,
subject to the following conditions:
An opening shall be provided through which an unobstructed view
of the interior of the premises can be obtained from the street upon
which business fronts;
Parking shall be provided at the rate of not less than one space per
fifty square feet of gross floor area;
Surrounding grounds, including parking areas, shall be maintained
in a neat and orderly condition at all times;
Any structure housing such operation shall meet all applicabIe
code provisions prior to occupancy;
Licensee or agent shall riot permit open containers of alcoholic
liquor to be taken from the premises;
No licensed liquor dispensing operation shall be located within
five hundred feet of any other licensed liquor dispensing operation
not meeting the definition of a bona fide eating establishment.
(2) (3) Service stations.
(4)
Restaurants providing on premise entertainment and liquor.
Drive through business or drive through facilities to existing businesses.
VI. AREA B - TRAVEL ORIENTED USES
(A) Permitted, Accessory, and Conditionallv Permitted Uses
(1) Uses allowed in Area B shall be those uses as specified in Carlsbad
Municipal Code Chapter 21.29 (C-T Commercial-Tourist Zone).
[2) For those uses subiect to the apwoval of a conditional use permit, the
following: finding shall be made, in addition to the findings required
by Chapter 21.50 of the Carlsbad Municipal Code:
la) The proposed use will not adverselv affect the viability of use
of the area as a commercial-tourist district or adversely affect
nearby uses or traffic movements. w w 7
4
VII. GENERAL DEVELOPMENT STANDARDS
(A) Setbacks: All setbacks shall be measured from the property line.
(1) Avenida Encinas and Poinsettia Lane: All buildings shall maintain an
average setback of 30 feet with a minimum of 10 feet. All parking and
driveway areas shall maintain a minimum setback of 15 feet.
(2) Front yard: The front yard setback for all buildings fionting on the
interior street shall be a minimum of 15 feet, and for parking and
driveways, 10 feet.
(3) Side yard: Side yards shall be a minimum of 5 feet.
(4) Rear yard: Rear yards shall be a minimum of 10feet.
5
(5) Freeway Frontage: A 10 foot setback shall be maintained from the
property line adjacent to Interstate 5. No driveways, parking or trash
enclosures shall be located in this setback.
(B) Coverage: Maximum building coverage including parking shall not exceed 75%
of gross lot area.
(C) Building Height: The maximum building height shall be 35 feet.
(D) Parking: Parking shall comply with Chapter 21.44 of the Municipal Code.
Unless otherwise stated herein, there shall be no parking permitted in the setback
from Avenida Encinas, Interstate 5, Poinsettia Lane or any front yard setbacks.
(E) Architecture: Prior to issuance of any building permits for this site, architectural
guidelines for the entire site shall be submitted to and approved by the Lasd4-w
Planning Director Maiwge~. Since this site will be highly visible fiom the
freeway, it is imperative that all portions of the buildings shall be aesthetically
pleasing.
(F) LandscaDe: This site will be highly visible to traffic along Interstate 5, Poinsettia
Lane, and Avenida Encinas; therefore it is imperative that all development on this
property be well landscaped. All landscaped areas shall be planted with a
combination of trees, shrubs and ground cover. Prior to approval of a building
permit, each applicant shall submit a landscape plan and irrigation plan for the
approval of the l&td-&e Planning Director m. All development within
this site shall comply with the following standards:
(1) Streetscape adjacent to Interstate 5: The 10' setback required adjacent to
Interstate 5 shall be entirely devoted to landscaping. No parking lots,
driveways, trash receptacles, or other accessory structures shall be located
within this setback. This setback shall be heavily planted with fast-
growing; drought tolerant species, as shown on Figure 3.
(2) Streetscape adjacent to Poinsettia Lane and Avenida Encinas: The general
concept along these streets is to create a continuous undulating grass berm
planted with groves of trees for the purpose of creating a definitive
statement, screening of parking areas and enhancing the architecture of the
buildings. The 30' setback along Avenida Encinas and Poinsettia Lane
shall be landscaped as shown in Figure 4.
(3) Streetscape adjacent to the interior street:
interior street shall be landscaped as shown in Figure 5.
The 15' setback along the
(4) Parking areas: The intent of landscaping in parking lots is to offer relief
from the monotony of rows of parked cars and to create an overhead
canopy. At least five percent of the parking shall be planted with a
6
93
mixture of ground cover, shrubs and trees. All parking lot trees shall be a
minimum of 15 gallon size.
Irrigation: All landscaped areas shall be permanently irrigated. The
irrigation system shall be designed and operated to prevent or minimize
run-off and discharge of irrigation water onto roadways, driveways,
adjacent properties and any area not under control of the user.
Street Trees:
bubblers.
All street trees shall be 24" box size, with individual
Signs: Prior to the issuance of any building permits for this site, a detailed,
comprehensive sign program for the entire site shall be submitted to and approved
by the LaixWh Planning Director Maeage. The following sign standards shall
apply to this site and be incorporated into the comprehensive sign program:
(1) Freestanding Sign - One freeway oriented, freestanding sign for the
specific plan area shall be permitted. This sign shall only identify the
tourist-oriented uses on the site (Lots 1-5 inclusive as shown on the
tentative map) and shall comply with the specifications set forth in SP-
186(A). The sign shall have a maximum height of 37 1/2 feet above
freeway level and a maximum area of 250 square feet. The sign,
individual sign panels on the sign, and future changes to sign panels will
be designed to be architecturally compatible with surrounding
development and subject to approval of the Planning Director.
(2) Monument Sims - Each lot may have one monument sign, with a
maximum height of 6 feet and a maximum area of 36 square feet. All
monument signs shall conform to one architectural design which shall be
approved by the Lai4-U~ Planning Director Mmage~.
(3) Wall Signs - Each building may have a .6 square feet of wall signs for
every lineal foot of building frontage. Except for Tourist-Commercial
uses, no wall signs shall face directly toward Interstate 5.
Storage: No outside storage shall be permitted.
Roof Esuipment: All roof equipment (and similar equipment, such as air
conditioners, ducts, tanks, piping, etc.) shall be screened so as not to be visible
fiom the freeway or adjacent streets.
Refuse Collection Areas: All outdoor refuse collection areas shall be completely
enclosed and screened from the freeway, streets and adjacent property by a
decorative block wall constructed of durable material. Location and materials
shall be shown on each building plan.
7
(K) Lighting: A detailed lighting plan shall be submitted to and approved by the Land
&e Planning Director prior to the issuance of building permits. All
lighting fixtures shall be shielded from direct glare onto adjoining properties.
(L) Loading Areas: All loading areas shall be oriented and/or screened so as not to be
visible from the freeway or adjacent streets.
8
Planning Commission Minutes DRAFT E~xl:05 July 20, 2005
8. GPA 02-03RCA 02-02/LCPA 02-06/SP 186(B) - C-T ZONE AND TR LAND USE
DESIGNATION AMENDMENTS - Request for a recommendation to adopt a Negative
Declaration, and recommendation of approval of a General Plan Amendment, Zone Code Amendment, Local Coastal Program Amendment, and Specific Plan Amendment, which
consist of amendments to: 1) the description of the TR land use designation in the Land
Use Element of the General Plan, 2) the C-T zone regulations in the Zoning Ordinance,
3) the definition of “visitor-serving commercial” in the Local Coastal Program, and 4) the
description of “travel oriented uses” in Specific Plan 186, which applies to properties located north of Poinsettia Lane, west of Interstate 5 and east of Avenida Encinas.
Mr. Neu introduced Item 8 stated Associate Planner Jennifer Jesser would make the Staff presentation.
Ms. Jesser gave a detailed presentation of the description modification to the TR Land Use Designation,
amendment to the C-T Zone regulations to better implement the TR designation, definition modification of
“visitor-serving commercial” in the Local Coastal Program and amendment of the description of “travel
oriented uses” in Specific Plan 186. She gave examples of the types of proposed uses to be added as permitted in the CT Zone. She also gave examples of proposed uses no longer allowed, because they
are inconsistent with the intent of the zone. She concluded her presentation and stated she would be available to answer any questions.
Chairperson Segall asked if there were any questions.
Commissioner Whitton stated his concerns and would like to have “Escort Services” removed from the
Permitted Uses Table A in Chapter 21.29.
Chairperson Segall asked the intent of this use. Ms. Jesser stated this use is currently allowed in all zones with a CUP, except residential, pursuant to the Conditional Uses Chapter. She stated the uses
were reviewed to determine what uses were inconsistent. She stated this particular use was not
removed, because it was not identified as being inconsistent with the zone. Chairperson Segall asked
how this use is relevant to tourist travel and if there was another intent when it was originally designated.
Commissioner Cardosa stated it could be a person who would assist tourists with the local area.
Commissioner Montgomery stated the use definition might be considered different at present than when it
was originally defined.
Chairperson Segall stated the use is being interpreted differently. Mr. Kemp stated this use is heavily regulated under Chapter 5.17 in the Municipal Code, which clearly defines the requirements to obtain a
license and how they will operate.
Chairperson Segall asked if there would be a problem in removing the use. Mr. Kemp stated his
concerns in removing the use and that there might be Constitutional issues and should be looked at
closely before removing the use and recommended that removal of the use should be reviewed more
globally, rather than removing it in a piecemeal fashion, zone-by-zone.
Commissioner Whitton stated he would like the use removed.
Commissioner Montgomery concurred with Commissioner Whitton and stated it would be an unlisted use and that applicants would still be able to pursue the business.
Chairperson Segall asked if there were any other questions.
Commissioner Cardosa asked about the auto repair/auto laundry facilities that are not allowed without a
gas station. He stated his concerns that this may restrict the property value for owners such as the ones
on Palomar Airport Road behind Island’s restaurant and if there are others that might be restricted. Ms. Jesser stated the properties behind Island’s restaurant were approved with a CUP, and the City made a
finding that the uses are associated with the existing gas station. Therefore, the uses would not become non-conforming with the approval of the amendments. Commissioner Cardosa asked if it was one lot,
one owner with separate leases, and Ms. Jesser stated yes.
Planning Commission Minutes July 20, 2005 Page 11
Chairperson Segall asked if the Commission approves this amendment, would it then not make these
properties legal nonconforming since it was found to be consistent, and Ms. Jesser stated yes.
Commissioner Cardosa asked about Hadley Trust’s approval of the amendments on the restriction of a
produce store not being larger than 2,500 square feet and how it affects their building. Ms. Jesser stated the zone would not allow a large grocery store. Commissioner Cardosa asked if Hadley Trust is aware of
the 2,500 square feet restriction. Ms. Jesser stated they have been made aware of the restriction and
have voiced frustration with the limited uses allowed in the zone, and they have also expressed support of the proposed amendments.
Commissioner Cardosa asked for clarification of large assemblies, people or automobiles, and what uses proposed to be removed. Ms. Jesser stated the use category of large assemblies of people or
automobiles would be removed. She further stated public meeting halls, exhibit halls and museums are
proposed as replacement uses.
Chairperson Segall asked about the uses being removed such as “Drug Paraphernalia Stores” and
“Escort Services” and if there is a problem in this situation in taking them out of the uses. Mr. Kemp
stated he was concerned with “Escort Services” because the use is regulated and recommended it be
looked at closely before removing.
Commissioner Baker asked the position on small convenience stores selling alcohol. Ms. Jesser stated ABC regulates the sale of alcohol, and Staff proposed that the City no longer require a CUP.
Commissioner Baker stated her concerns, as the Commission denied a CUP for a small convenience store on Cannon Road to sell alcohol. Mr. Neu stated that some owners have volunteered not to sell
alcohol and stated his concerns that there are state laws addressing that a City cannot outright prohibit the sell of alcohol. He stated that large grocery stores are not being required to have a CUP and that if it
were a business where the sole purpose was to sell alcohol then a CUP would be required. However,
Staff is recommending not requiring a CUP as the ABC regulates the sale of alcohol.
Commissioner Whitton asked for clarification on a CUP that was required for the business on Cannon
Court and how Commission did not approve the permit as well as the one on Tamarack Avenue. Mr. Neu
stated the reason was that the code currently requires a CUP for alcohol sales; however, the business on
Tamarack volunteered not to sell alcohol as they might have issues with the ABC in regards to their
location to the nearby school. Staff recommends that if a use were strictly for the sale of alcohol, a CUP would still be required, but if it were a small portion of the business, then the ABC would regulate.
Commissioner Montgomery stated the Commission prohibited the sale of alcohol at Cannon Court based on findings finding in alcohols sales in the area. Mr. Neu stated there was public testimony about the
concentration of alcohol permits in the area. Mr. Neu stated if the Commission preferred to keep the CUP condition, Staff would be happy to make the amendments.
Commissioner Baker stated her concerns that by approving the amendments then the Cannon Court
store would have been allowed to sale alcohol and what the issues may be in the future.
Commissioner Whitton stated he would still like to have a CUP.
Chairperson Segall asked for clarification on legal nonconforming uses that property owners are aware of what is being approved. Ms. Jesser stated there is the potential that some existing uses may become legal nonconforming, but those would be uses considered inconsistent with the intent of the zone. Mr.
Kemp stated the property owners have been given due process by law to be heard by the Commission. Chairperson Segall asked what would happen if an owner stated they did not receive notification and if it
would give them eminent domain. Mr. Kemp stated the owner’s would not have eminent domain if the City were able to provide proof of noticing.
Chairperson Segall asked if there are any questions or if any members of the audience wished to speak
on the item.
Chairperson Segall opened Public Testimony.
97
Planning Commission Minutes July 20, 2005 Page 12
Jack Henthorn, 5365 Avenida Encinas, Carlsbad, stated that Hadley Trust is aware of the size restrictions
on produce stores and is still in support of the approval. He further stated that their interpretation is that the old Hadley Market use would fall under “Specialty Food Store” and not under the large grocery store definition. He stated he would be available to answer any questions.
Chairperson Segall asked if he was referring to a specialty food store such as Trader Joe’s. Mr. Henthorn
stated the property is 20,000 square feet and is too small for a large grocery store, but it would be
acceptable for a specialty food store.
Chairperson Segall asked if there were any other questions or if any other members of the audience wished to speak on the item.
Robert Mance, 2187 San Elijo, Cardiff, asked for clarification of development standards with the proposed
changes. He stated his concerns if the property was divided into three separate lots/parcels and what
would happen to the development standard requirements for the owner.
Chairperson Segall asked if there were any questions or any other members of the audience wished to
speak on the item. Seeing none, he closed Public Testimony.
Mr. Neu gave a description of the development standards for multiple lots, and stated the lots would be
required to be combined. He stated building height and set backs are not being changed.
Ms. Jesser stated the Zone Code amendments would not become effective until the Coastal Commission
approves them. She further stated that an owner would take it at their own risk to develop plans based
on the proposed amendments before Coastal Commission approves them.
Commissioner Montgomery asked if the Hadley property would be able to become three separate
properties at a later date, and Mr. Neu stated yes. However, if the project were to go over the lot line then the areas would be required to merge into one.
Mr. Henthorn stated the Hadley parcel is multiple parcels, but is under a very long lease under the control of the Hadley Trust. Chairperson Segall stated that the Commission would address the issue at that time,
and Mr. Henthorn concurred.
Chairperson Segall asked if there were any other questions. Seeing none, he asked if there was a
consensus to remove the use “Escort Services”. Commissioners Cardosa and Baker did not have a preference to removing the use. Commissioner Montgomery stated he would like it removed.
Chairperson Segall asked for an explanation of the Errata sheet. Ms. Jesser stated the Eratta Sheet is
recommending the LCPA be amended to include the Specific Plan Amendment.
MOTION
ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5924 recommending
adoption of a Negative Declaration, and adopt Planning Commission Resolutions
No. 5925, 5926, 5927, and 5928 recommending approval of General Plan Amendment GPA 02-03, Zone Code Amendment ZCA 02-02, Local Coastal
Program Amendment LCPA 02-06, and Specific Plan Amendment SP 186(B),
based on the findings contained therein, including the removal of services delineated on sheet 3 of Table A on line 26 of “Escort Services” and be placed in
items removed from the CT Zone, and including the Errata Sheet dated June 25, 2005.
VOTE: 5-0-2 AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery, and Whitton
NOES: None
ABSENT: Commissioners Dominguez and Heinemann
Chairperson Segall closed the Public Hearing on Item 8 and thanked Staff for their presentations.
98
EXHIBIT 6 _-. -
,e-
WESLEY A. Ghr. TRUSTEE - P.O. BOX 12727
PALM DESERT, CALIFORNIA 92255-2727
(760) 776-432 1
July 18,2005
Chairman and Commissioners
Carlsbad Planning Commission
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
RE: GPA 02-03/ZCA 02-02/LCPA02-06/SP186(B) - C-T Zone and TR Land Use
Designation Amendment
Chairman and Commissioners:
As trustee of the Hadley Trust I am writing to express support for the actions proposed in
the above referenced amendment.
The Hadley Trust has been very active in attempting to attract a user to the now vacant
Hadley store site for several years. We have spoken to hundreds of legitimate potential
users, met with City staff on a number of occasions with what we considered to be
legitimate users, but the extremely limited existing use palette has hampered our efforts.
In the interim, the building and the site have suffered from the effects of being vacant for
such an extended period of time, despite the costs incurred by the trust in trying to secure
and maintain the site.
The recommendations placed before the Planning Commission by the staff recognizes
that the traveling public expects and needs a broader array of services than simply hotels,
motels and restaurants. With respect to the Hadley property the 6OO-foot limitation
between hotels and motels further reduces the permitted use to only restaurants.
Accepting the recommendations of the staff will allow the property owners in C-T
designated areas to attract businesses that will enhance the visitor’s Carlsbad experience
and enable us to attract the investment necessary to develop a project in keeping with the
Carlsbad image.
99
t
Page 2
Therefore, as trustee of the Hadley Trust, I encourage the Planning Commission to take
action recommending that the City Council approve the proposed amendments as
presented by the staff.
Very truly yours,
c3’j
cc: Honorable Mayor and City Council of the City of Carlsbad, California
Mr. Don Neu, Assistant Planning Director
Ms. Jennifer Coon, Assistant Planner
CC--T Zone & T Zone & TR Land Use Designation TR Land Use Designation AmendmentsAmendmentsGPA 02GPA 02--03 / ZCA 0203 / ZCA 02--02 / 02 / LCPA 02LCPA 02--06 / SP 186(B)06 / SP 186(B)
DescriptionDescriptionModify description of TR Land Use DesignationModify description of TR Land Use DesignationAmend CAmend C--T Zone regulations to better implement T Zone regulations to better implement the TR designationthe TR designationModify definition of “visitorModify definition of “visitor--serving commercial” in serving commercial” in Local Coastal ProgramLocal Coastal ProgramAmend description of “travel oriented uses” in Amend description of “travel oriented uses” in Specific Plan 186Specific Plan 186
General Plan/ZoningGeneral Plan/ZoningConsistency ProgramConsistency ProgramCity initiated, multiCity initiated, multi--part projectpart project••Goal: achieve better consistency between General Plan Goal: achieve better consistency between General Plan and Zoning Ordinanceand Zoning OrdinanceFocus of this project:Focus of this project:••Achieve better consistency between TR Land Use Achieve better consistency between TR Land Use Designation and CDesignation and C--T ZoneT Zone
Planning CommissionPlanning CommissionJuly 20, 2005 July 20, 2005 ––PC voted unanimously to PC voted unanimously to recommend approvalrecommend approval••With a recommendation to delete “escort services” With a recommendation to delete “escort services” as a conditionally permitted useas a conditionally permitted use
General Plan AmendmentGeneral Plan AmendmentClarify intent and purpose of TR designationClarify intent and purpose of TR designation••Minor text modifications for clarificationMinor text modifications for clarification••Add more examples of types of uses considered “travel Add more examples of types of uses considered “travel oriented”:oriented”:––Current examples: “Spas, Hotels, & MotelsCurrent examples: “Spas, Hotels, & Motels––Additional examples: Additional examples: Restaurants, recreation facilities, Restaurants, recreation facilities, museums, travel support services, & specialty retail uses museums, travel support services, & specialty retail uses that cater to touriststhat cater to tourists
Amendment to CAmendment to C--T ZoneT ZoneCC--T Zone implements TR Land Use designationT Zone implements TR Land Use designationAmend CAmend C--T zoning provisions to better implement T zoning provisions to better implement TRTR••Primary amendment:Primary amendment:Expand list of permitted usesExpand list of permitted uses••Clarify “intent and purpose” of CClarify “intent and purpose” of C--T ZoneT Zone••Eliminate min. 3Eliminate min. 3--acre district requirementacre district requirement
Permitted Uses in CPermitted Uses in C--T ZoneT ZoneCC--T Zone list of permitted uses limited to:T Zone list of permitted uses limited to:••Hotels, Motels, and RestaurantsHotels, Motels, and Restaurants––Accessory uses (ex. bakeries, beauty shops, souvenir stores)Accessory uses (ex. bakeries, beauty shops, souvenir stores)••CUP uses include:CUP uses include:––Gas stations, bus terminals, recreation facilities, and B&BsGas stations, bus terminals, recreation facilities, and B&Bs
Permitted Uses in CPermitted Uses in C--T ZoneT ZoneLimited uses allowed in CLimited uses allowed in C--T Zone does not T Zone does not adequately implement full intent of TR designation.adequately implement full intent of TR designation.Broader spectrum of uses (in addition to hotels, Broader spectrum of uses (in addition to hotels, motels, restaurants) that serve travel and motels, restaurants) that serve travel and recreation needs.recreation needs.
Expand List of Permitted UsesExpand List of Permitted UsesAdd uses as “permitted” or “conditionally Add uses as “permitted” or “conditionally permitted” in Cpermitted” in C--T ZoneT Zone••Proposed uses include:Proposed uses include:––Art galleriesArt galleries––Cultural & Entertainment facilitiesCultural & Entertainment facilities––MuseumsMuseums––Specialty retail stores catering to touristsSpecialty retail stores catering to tourists––Sporting equipment sales & rentalSporting equipment sales & rental––Tourist information centersTourist information centersCUP for restaurants adjacent to residentialCUP for restaurants adjacent to residential••Consistent with recent approval of CUP forConsistent with recent approval of CUP forVigilucci’sVigilucci’s
No Longer Allow Some CUP UsesNo Longer Allow Some CUP UsesConditional Uses chapter lists uses allowed with Conditional Uses chapter lists uses allowed with CUP in all zones, including CCUP in all zones, including C--TT••Some are not consistent with intent of TR or CSome are not consistent with intent of TR or C--TTUses to no longer be allowed, include:Uses to no longer be allowed, include:••Alcoholic treatment centersAlcoholic treatment centers••Drug paraphernalia storesDrug paraphernalia stores••Mini warehousesMini warehouses••PawnshopsPawnshops••Thrift shopsThrift shops
LCP AmendmentLCP AmendmentAmend definition of “visitorAmend definition of “visitor--serving commercial”serving commercial”••Clarify that “visitorClarify that “visitor--serving commercial” uses are those serving commercial” uses are those that “serve the travel & recreational needs of visitors, that “serve the travel & recreational needs of visitors, residents and employees of local businesses”residents and employees of local businesses”
Specific Plan 186 AmendmentSpecific Plan 186 AmendmentSP 186:SP 186:••North North ––Poinsettia LanePoinsettia Lane••West West ––II--55••East East ––Avenida EncinasAvenida EncinasAmend description Amend description “travel oriented uses”“travel oriented uses”••Refer to CRefer to C--T zone T zone chapter for uses chapter for uses permitted in area “B”permitted in area “B”
ConclusionConclusionStaff recommends:Staff recommends:••City Council:City Council:––Introduce Ordinance NSIntroduce Ordinance NS--769769••Approving ZCA 02Approving ZCA 02--02 and SP 186(B)02 and SP 186(B)––Adopt Resolution No. 2005Adopt Resolution No. 2005--267267••Adopting Negative DeclarationAdopting Negative Declaration••Approving GPA 02Approving GPA 02--03 and LCPA 0203 and LCPA 02--0606