HomeMy WebLinkAbout2009-09-15; City Council; 19963; La Costa Town SquareCITY OF CARLSBAD - AGENDA BILL
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MTG. 09-15-09
DEPT. CA
RETURN OF DOCUMENTS APPROVING
LA COSTA TOWN SQUARE
DEPT. HEAD
CITY ATTY.
CITY MGR.-16
RECOMMENDED ACTION:
Adopt Ordinance No. CS-051 APPROVING the Master Plan Amendment 149(R) and ADOPT
Resolution No.2Q2k232_ amending Resolution No. 2009-213 CERTIFYING the Environmental
Impact Report, EIR 01-02 and adopting the Candidate Findings of Fact, Statement of
Overriding Considerations, a Mitigation Monitoring and Reporting Program and approving a
General Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract
Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside
Development Permit, Site Development Plan, Variance and eight Conditional Use Permits as
recommended for approval by the Planning Commission and as amended by the City Council.
ITEM EXPLANATION:
The City Council held two public hearings where this development was discussed. At its
meeting of Tuesday, August 11, 2009, the City Council received the staff report, the applicants
report and public testimony. The public hearing was closed and the matter continued to the
Council's meeting of Tuesday, August 18, 2009. At that hearing, the public hearing was re-
opened for the limited purpose of receiving new information from the applicant and receiving
responses to that new information from the public. At the conclusion of the public hearing, the
Council carefully considered all of the written and oral testimony and at the conclusion of its
deliberations approved the project as amended by its discussions that evening and directed the
City Attorney to return with documents formalizing that approval. Those documents are
attached and the Council should satisfy itself that they accurately reflect the Council's intentions
in this matter.
FISCAL IMPACT:
All required improvements needed to serve this project will be funded by the developer. A
report entitled "La Costa Town Square, Carlsbad, Economic Impact and Urban Decay
Analysis," dated October 8, 2008 and addendum, February 10, 2009 evaluates the revenue
generated by the project. The report was previously distributed and copies are on file (EIR
appendices) in the Planning Department and at both City Libraries.
DEPARTMENT CONTACT: Ron Ball 760-434-2801
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
a.
D
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Dn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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ENVIRONMENTAL IMPACT:
An Environmental Impact Report (EIR) was prepared for the project in accordance with the
California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental
Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the
environmental impacts associated with all discretionary applications for the proposed project
including ultimate buildout of the entire project.
On March 27, 2009, the Draft EIR was published and the City notified the public via mailings
and newspaper publications, interested parties, Responsible and Trustee Agencies, as well as
other interested agencies. The "Notice of Completion" commenced an initial 45 day public
review and comment period initially expiring May 11, 2009 and extended to May 29, 2009. A
joint letter from the California Department of Fish and Game and the U.S. Fish and Wildlife
Service was received and accepted on June 3, 2009. The "Notice of Completion" advised that
the Draft EIR was available for review at four locations: the City of Carlsbad Planning
Department; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public
Library. Complete copies were also available for purchase, with or without the Appendices,
through the Planning Department.
The analysis contained in the EIR concluded that all significant impacts would be mitigated to
below a level of significance with the exception of Traffic/Circulation, air quality (cumulative),
and short term noise impacts which would be considered cumulatively significant and
unmitigable. Direct impacts, also referred to as primary effects, are those caused by the project
and that occur at the same time and place. In contrast, cumulative impacts refer to two or more
individual impacts that, when considered together, are considerable or that compound or
increase other environmental impacts. The cumulative impact of several projects is the change
in the environment that results from the incremental impact of the project when added to other,
closely related past, present, or reasonably foreseeable, probable future projects. The
cumulative impacts all arise from the marginal contribution the proposed project will make,
when combined with the impacts from existing and other future projects, to pre-existing
conditions that fail to meet applicable standards currently.
Under CEQA, before a project which is determined to have significant, unmitigated
environmental effects can be approved, the public agency must consider and adopt a
"statement of overriding considerations" pursuant to CEQA Guidelines 15043 and 15093. As
the primary purpose of CEQA is to fully inform the decision makers and the public as to the
environmental effects of a proposed project and to include feasible mitigation measures and
alternatives to reduce any such adverse effects below a level of significance, CEQA
nonetheless recognizes and authorizes the approval of projects where not all adverse impacts
can be fully lessened or avoided. However, the agency must explain and justify its conclusion
to approve such a project through the statement of overriding considerations setting forth the
Proposed Project's general social, economic, policy or other public benefits which support the
agency's informed conclusion to approve the project. The CEQA Findings of Fact and
Statement of Overriding Considerations are attached to Planning Commission Resolution No.
6577 for the EIR.
EXHIBITS:
1. City Council Ordinance No. CS-051
2. City Council Resolution No. 2009-232
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ORDINANCE NO. CS -051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO THE LA COSTA MASTER PLAN TO
CHANGE THE LAND USE AND UNDERLYING ZONING
FROM LOCAL SHOPPING CENTER AND OFFICE TO
RESIDENTIAL MEDIUM AND OPEN SPACE ON 9.96
ACRES OF LAND, REDUCE THE ACREAGE OF OFFICE
USE REQUIRED, REDISTRIBUTE LOCAL SHOPPING
CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM LAND,
AND OPEN SPACE USES AND DESIGNATIONS TO
REFLECT THE PROJECT DESIGN, MAKE ASSOCIATED
TEXT CHANGES, AND AMEND BUILDING HEIGHT AND
SIGN PROVISIONS TO THE LA COSTA MASTER PLAN
GENERALLY LOCATED NORTHERLY AND EASTERLY
OF THE LA COSTA AVENUE AND RANCHO SANTA FE
ROAD INTERSECTION IN THE SOUTHEAST
QUADRANT OF THE CITY IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: MP 149(R)
WHEREAS, the City Council of the City of Carlsbad, California, has
reviewed and considered a Master Plan to guide the development of Commercial, Office
15 and Residential development for properties located within the La Costa Master Plan area
so that these uses will be regulated by the proposed Master Plan revision 149(R), and
WHEREAS, the City Council did hold hearings on August 11, 2009 and
18 August 18, 2009, which were duly noticed public hearings as prescribed by law to
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consider this request; and
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WHEREAS, said application constitutes a request for a Master Plan
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Amendment pursuant to Chapter 21.38 of the Carlsbad Municipal Code as shown on
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Exhibit "MP 149(R)," which is incorporated herein by reference.23
NOW, THEREFORE, the City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION I: That Master Plan MP 149(R), on file in the Planning
Department, and incorporated herein by reference, is adopted. The La Costa Master
Plan (MP 149(R)) shall constitute the development plan for the property and all
development within the plan area shall conform to the plan. Notwithstanding anything in
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the plan or in the findings of the Planning Commission to the contrary, to the extent
permitted by all applicable laws, owner shall include in its conditions, covenants and
restrictions (CC&R's) (a) a prohibition on entering into a lease with any tenant which
4 requires more than 100,000 square feet, allocates more than 10% of the floor space to
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non-taxable items and offers more than 30,000 separate stock-keeping units or such
6 other lesser amount as typically offered by big-box retailers; and (b) prior to the execution
of any such lease described above, the matter shall be returned to the City Council for
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consideration of an amendment to this condition. In addition the portion of the parcel
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designated RM (the area bounded by the abandoned Rancho Santa Fe Road to the
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west, the existing residential development designated RLM to the east, the existing
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Rancho Santa Fe Road to the south) shall be limited to single family detached homes.12
SECTION II: Except as provided above, the findings and conditions of the
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Planning Commission in Planning Commission Resolution No. 6579 shall also constitute
. the findings and conditions of the City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
to be published at least once in a publication of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 18th day of August 2009, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 15th day of September 2009, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
LEWIS, /vfayor
ATTEST:
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RESOLUTION NO. 2009-232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT 01-02, ADOPTING THE CANDIDATE FINDINGS
OF FACT, THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING A GENERAL PLAN
AMENDMENT (GPA 01-02) TO AMEND THE LAND USE AND
OPEN SPACE AND CONSERVATION ELEMENTS OF THE
GENERAL PLAN, A LOCAL FACILITIES MANAGEMENT PLAN
AMENDMENT 87-11 (C), CARLSBAD TRACT MAP 01-09,
CARLSBAD TRACT MAP 08-03, CARLSBAD TRACT MAP 08-07,
CONDOMINIUM PERMIT 01-03, NON-RESIDENTIAL PLANNED
DEVELOPMENT PERMIT 08-09, HILLSIDE DEVELOPMENT
PERMIT 01-05, SITE DEVELOPMENT PLAN 01-04, VARIANCE
08-02, CONDITIONAL USE PERMIT 04-18, CONDITIONAL USE
PERMIT 08-01, CONDITIONAL USE PERMIT 08-02,
CONDITIONAL USE PERMIT 08-03, CONDITIONAL USE PERMIT
08-04, CONDITIONAL USE PERMIT 08-05, CONDITIONAL USE
PERMIT 08-06, AND CONDITIONAL USE PERMIT 08-07 FOR
THE LA COSTA TOWN SQUARE PROJECT GENERALLY
LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA
AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN
THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: EIR 01-02/GPA 01-02/LFMP 87-11(C)/CT 01-
09/CT 08-03/CT 08-07/CP 01-03/PUD 08-
09/HDP 01-05/SDP 01-04/V 08-02/CUP 04-
18/CUP 08-01/CUP 08-02/CUP 08-
03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07
The City Council of the City of Carlsbad, California does hereby resolve as follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on July 1, 2009 and July 15, 2009, hold duly noticed public hearings as
prescribed by law to consider a proposed Environmental Impact Report EIR 01-02,
General Plan Amendment 01-02, Local Facilities Management Plan Amendment 87-
11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07,
Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside
Development Permit 01-05, Site Development Plan 01-04, Variance 08-02, Conditional
Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02,
Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-
05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07; and adopted
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Planning Commission Resolutions Number 6577, 6578, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597
recommending approval of EIR 01-02, GPA 01-02, LFMP 87-11(C), CT 01-09, CT 08-03,
4 CT 08-07, CP 01-03, PUD 08-09, HDP 01-05, SDP 01-04, V 08-02, CUP 04-18, CUP 08-
5 01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07
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respectively; and
7 WHEREAS, the City Council of the City of Carlsbad, did hold duly noticed public
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hearings on August 11, 2009 and August 18, 2009, and heard and received the staff
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report including those set forth on the Errata sheet dated August 11, 2009 from Senior
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Planner Van Lynch to the City Council, the testimony of the applicant and all persons
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interested or opposed to the EIR 01-02, GPA 01-02, LFMP 87-11(C), CT 01-09, CT 08-03,
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CT 08-07, CP 01-03, PUD 08-09, HDP 01-05, SDP 01-04, V 08-02, CUP 04-18, CUP 08-13
01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07 and14
carefully considered in its deliberations all such testimony, evidence, arguments and
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documents; and
WHEREAS, an Environmental Impact Report was prepared and submitted to the
State Clearing House and a Notice of Completion filed, published, and mailed to
responsible agencies and interested parties providing a 45 day review period. All
comments received from that review period are contained in the Final program EIR as well
as the response to comments; and
WHEREAS, the Planning Commission and the City Council considered a range of
land use designations for this parcel including making no changes or making changes
ranging from residential low (RL) to residential high (RH); and
25 WHEREAS, the designation of RM by the City Council is not a substantial change
26 from the General Plan land use designation recommended by the Planning Commission;
27 and
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WHEREAS, it is not necessary to remand this matter back to the Planning
Commission because those designations had been previously reviewed and considered
by the Planning Commission and there were no substantial changes as determined by the
City Council; and
WHEREAS, after careful consideration the City Council determined to designate
that portion of the property recommended as RH and bounded by the abandoned Rancho
Santa Fe Road to the west, the existing residential development designated RLM to the
east, the existing Rancho Santa Fe Road to the south as residential medium (RM); and
WHEREAS, the developer submitted a refined project analysis in its letter of
August 13, 2009; and
WHEREAS, the refined project will not have any adverse environmental impacts
not previously considered in the proposed environmental impact report as more fully
explained in the memorandum of August 13, 2009 to Ronald R. Ball, City Attorney and as
made part of the record; and
WHEREAS; this Resolution supersedes Resolution No. 2009-213 adopted by the
City Council on August 18, 2009.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Environmental Impact Report (EIR 01-02) for the La Costa Town
Square project is certified and that the Candidate Findings of Fact, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program are
adopted and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolution Number 6577, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3. That the recommendation of the Planning Commission, except as modified
herein, for the approval of the General Plan Amendment 01-02, Local Facilities
Management Plan Amendment 87-11(C), Carlsbad Tract 01-09, Carlsbad Tract Map 08-
03, Carlsbad Tract 08-07, Condominium Permit 01-03, Non-Residential Planned
Development Permit 01-04, Hillside Development Permit 01-05, Site Development Plan
01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01,
Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-
04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use
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Permit 08-07 is approved and that the findings and conditions of the Planning Commission
contained in Planning Commission Resolutions No. 6578, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 on file with
the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council with the addition of the following condition:
To the extent permitted by all applicable laws, Owner shall include in its CC&Rs a
prohibition on entering into a lease with any tenant which requires more than
100,000 square feet, allocates more than 10% of the floor space to non-taxable
items or offers more than 30,000 separate stock-keeping units or such other lesser
amount as determined by the City Council as typically offered by big box retailers;
and (b) prior to the execution of any such lease described above, the matter shall
be returned to the City Council for consideration of an amendment of this
condition.
4. That the project site by itself will provide the normal services to meet the
everyday needs of the local neighborhood in keeping with the intent and purpose of the
Local Shopping Center Zone (C-L) and the Local Shopping Center General Plan Land
Use designation. The range of goods shall not include a big-box component as
conditioned in Ordinance No. CS-051.
5. That the alignment and grading for Rancho Santa Fe Road, a Circulation
Element roadway, was an environmentally preferred location pursuant to EIR 91-01
certified on June 2, 1992, that impacts the project site as identified in HDP 01-05.
6. That the staff is directed to amend all appropriate documents and maps to
make them consistent with the Council's intent in approving the General Plan Amendment
and underlying rezoning.
7. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought
is governed by Code of Civil Procedure, Section 1094.6, which has
been made applicable in the City of Carlsbad by Carlsbad Municipal
Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the nineteenth
day following the date on which this decision becomes final;
however, if within ten days after the decision becomes final a
request for the record of the deposit in an amount sufficient to cover
the estimated cost or preparation of such record, the time within
which such petition may be filed in court is extended to not later
than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record,
if he has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, CA 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 15th day of September, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn
NOES: None.
ABSENT: None.
0Ar*
OJDE A LEWIS, Mayor
ATTEST:
S
LGfRRAINt M. WdpD) City Clerk
(SEAL) CJ
September 15, 2009i
BLEC7JEGWE
SEP 1 5 2009
MEMORi
CITY OF CARLSBAD
CITY CLERK'S OFFICE
n^
w UM
FOR THE INFORMATION OF
THE CITY COUNCIL
DATE CITY ATTORNEY
TO:MAYOR AND CITY COUNCIL
FROM:CITY ATTORNEY
RE: ITEM # 6 - RETURN OF DOCUMENTS APPROVING LA COSTA TOWN SQUARE
The City Council held two public hearings, August 11, 2009 and August 18, 2009 where
this development was discussed. The City Council received staff reports, the applicants
report and public testimony at both meetings. At the conclusion of the of the August
18, 2009 meeting and after careful consideration and deliberations of all the written and
oral testimony the Council amended and approved the project. The City Council and the
Planning Commission considered a range of land use designations. The City Council
ultimately reduced the density of a portion of the project from residential high (RH) to
residential medium (RM), it prohibited big-box at the location with any tenant requiring
more than 100,000 square feet, allocates more than 10% of the floor space to non-
taxable items or offers more than 30,000 separate stock-keeping units. The project site
will provide normal services to meet the everyday needs of the local neighborhood.
It is recommended that Ordinance No. CS-051 be amended on its face to make explicit
what is implied that the City Council will determine what other lesser amounts of
separate stock-keeping units are typically offered by big-box retailers. This is consistent
with the language of proposed Resolution No. 2009-232 which provides that the City
Council shall determine such other lesser amounts of separate stock-keeping units as
typically offered by big-box retailers.
In order to implement this recommendation Ordinance No. CS-051 should be amended
on its face in the third sentence of section 1 to read (changes underlined):
" not withstanding anything in the plan or in the findings of the
Planning Commission to the contrary, to the extent permitted by all
applicable laws, owner shall include in its conditions, covenants and
restrictions (CC&Rs) (a) a prohibition on entering into a lease with any
tenant which requires more than 100,000 square feet, allocates more
than 10% of the floor space to non-taxable items or offers more than
30,000 separate stock-keeping units or such other lesser amounts as
determined by the City Council as typically offered by big-box
retailers "
Please let me know if you have any questions regarding the above.
RONALD R. BALL
City Attorney
rn
City C|erk
City Manager
Planning Director