Loading...
HomeMy WebLinkAbout2009-09-15; City Council; 19963; La Costa Town SquareCITY OF CARLSBAD - AGENDA BILL 19,963AB# 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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED a. D D Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D ENVIRONMENTAL IMPACT: An Environmental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 1 2 3 4 26 27 28 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 19 consider this request; and 20 WHEREAS, said application constitutes a request for a Master Plan 21 Amendment pursuant to Chapter 21.38 of the Carlsbad Municipal Code as shown on 22 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 1 2 3 17 18 19 20 21 22 23 24 /// 25 /// 26 27 28 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 5 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 8 consideration of an amendment to this condition. In addition the portion of the parcel 9 designated RM (the area bounded by the abandoned Rancho Santa Fe Road to the 10 west, the existing residential development designated RLM to the east, the existing 11 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 \ o Planning Commission in Planning Commission Resolution No. 6579 shall also constitute . the findings and conditions of the City Council. 16 '" III III III III III III III III III III 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 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: 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. 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 1 2 3 16 17 18 19 20 21 22 23 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 G respectively; and 7 WHEREAS, the City Council of the City of Carlsbad, did hold duly noticed public 8 hearings on August 11, 2009 and August 18, 2009, and heard and received the staff 9 report including those set forth on the Errata sheet dated August 11, 2009 from Senior 10 Planner Van Lynch to the City Council, the testimony of the applicant and all persons 11 interested or opposed to the EIR 01-02, GPA 01-02, LFMP 87-11(C), CT 01-09, CT 08-03, 12 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 I 0 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 28 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, 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 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 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." 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 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