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HomeMy WebLinkAbout2014-09-23; City Council; 21747; Amendments Westfield Carlsbad Specific Plan SP 09-01 Removing Digital Signs, Amending Use ClassificationsCITY OF CARLSBAD - AGENDA BILL 14 AB# 21.747 APPROVAL OF AMENDMENTS TO THE DEPT. DIREaOR '/f" 1— MTG. 9/23/14 WESTFIELD CARLSBAD SPECIFIC PLAN (SP 09-01) CITYATTORNEY /Jy^ DEPT. CED REMOVING DIGITAL SIGNS AND AMENDING USE CITY MANAGER //^ CLASSIFICATIONS RECOMMENDED ACTION: That the City Council introduce: 1. Ordinance No. CS-263 of the City Council of the City of Carlsbad, California, adopting an amendment to the Westfield Carlsbad Specific Plan (SP 09-01) to remove all provisions from the Specific Plan allowing for digital signs within the Westfield Carlsbad Specific Plan boundary area on property generally located west of El Camino Real and bisected by Marron Road in Local Facilities Management Zone 1; and 2. Ordinance No. CS-264 of the City Council of the City of Carlsbad, California, adopting an amendment to the Westfield Carlsbad Specific Plan (SP 09-01) to amend the use classifications: Table 4 of the Westfield Carlsbad Specific Plan to include as permitted uses Automobile Dealerships (Maximum of 2) for electric cars only at this location and Automobile Service and Repair of electric cars when ancillary to an existing automobile dealership within the Westfield Carlsbad Specific Plan on property generally located west of El Camino Real and bisected by Marron Road in Local Facilities Management Zone 1. ITEM EXPLANATION: On August 20, 2014 the Planning Commission conducted a public hearing for two amendments to the Westfield Carlsbad Specific Plan (WCSP). With minor Planning Commission revisions to SP 09-01(B), the Planning Commission voted 7-0 to recommend approval of Specific Plan Amendments SP 09-01(A) and SP 09-01(B). PROJECT APPLICATION(S) ADMINISTRATIVE APPROVALS PLANNING COMMISSION CITY COUNCIL SP 09-01(A) RA X SP 09-01(B) RA X RA = Recommended Approval; X = Final City decision-making authority Specific Plan Amendment SP 09-01(A) removes all provisions from the WCSP allowing for digital signs at Westfield Carlsbad. This amendment is consistent with City Council direction resulting from a March 25, DEPARTMENT CONTACT: Jason Goff 760-602-4643 iason.goff@carlsbadca.gov FOR CITY CLERKS USE ONLY. X • COUNCIL ACTION: APPROVED X • CONTINUED TO DATE SPECIFIC • DENIED X • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 2014 decision to deny provisions within Specific Plan Amendment (SP 19(J)) that would have allowed digital signs at Car Country Carlsbad. Specific Plan Amendment SP 09-01(B) adds two new uses to the Use Classifications: Table No. 4 found on page 3-2 of the WCSP. This amendment adds "Automobile Dealerships (Maximum of 2)" to the existing Retail Uses category with specific provisions to allow for "Electric cars only at this location, and up to 10 outside parking spaces for display and test driving purposes and a maximum of 45 outside parking spaces for inventory at a secured location." The amendment also adds "Automobile Service and Repair" to the existing Accessory and Support Uses category with specific provisions to allow for "service and repair of electric automobiles only when ancillary to an existing automobile dealership." At the August 20, 2014 Planning Commission hearing, city staff presented the two amendments. No members of the public spoke. Questions for staff and the applicant were raised pertaining to Specific Plan Amendment SP 09-01(B); or more specifically, 1) the compatibility of the automobile dealership use at Westfield Carlsbad, 2) the intent of "electric cars only" and 3) how inventory parking would be handled (i.e., location, design, etc.) under the WCSP. Planning Commission discussion ensued regarding limiting the number of automobile dealerships (for electric cars), and whether to add additional language to the use specifications to ensure that the automobile dealership uses were solely restricted to the sale of electric cars only. A restriction limiting the number of automobile dealerships to a maximum of two was finalized, along with a minor language revision to clarify that the intent of the automobile dealership use classification was for the sale of electric cars only "at this location." The proposed Ordinance and Exhibits associated with SP 09-01(B) have been updated to reflect the Planning Commission's action. FISCAL IMPACT: No fiscal impacts to the City or public facilities have been identified as a result of these two amendments. ENVIRONMENTAL IMPACT: The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed revisions to the Specific Plan are similar to minor Zoning Ordinance amendments and therefore are exempt from environmental analysis. EXHIBITS: 1. City Council Ordinance No. CS-263 2. City Council Ordinance No. CS-264 3. Location Map 4. Planning Commission Resolutions No. 7068 and 7069 5. Planning Commission Staff Report, dated August 20, 2014 6. Planning Commission Minutes, dated August 20, 2014. 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 1 ORDINANCE NO. CS-263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO THE WESTFIELD CARLSBAD SPECIFIC PLAN (SP 09-01) TO REMOVE ALL PROVISIONS FROM THE SPECIFIC PLAN ALLOWING FOR DIGITAL SIGNS WITHIN THE WESTFIELD CARLSBAD SPECIFIC PLAN BOUNDARY AREA ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISECTED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONEl. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01(A) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Westfield Carlsbad Specific Plan was originally adopted by City Council Ordinance No. CS-219 on July 23, 2013, which contains the uses, development standards and design guidelines for the development of the Specific Plan area; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 09-01(A)) for the Westfield Carlsbad Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 09-01(A)) be approved. NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. 2. That the Westfield Carlsbad Specific Plan (SP 09-01(A)), on file in the Planning Division, and incorporated herein by reference, is adopted. The Westfield Carlsbad Specific Plan (SP 09-01(A)) shall constitute the zoning for the property and all development ofthe prop^erty shall conform to the Specific Plan. 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 3. That the Westfield Carlsbad Specific Plan (SP 09-01), as amended by Specific Plan Amendment 09-01(A), dated August 20, 2014, is approved. 4. That Specific Plan Amendment (SP 09-01(A)) amends text on Pgs. 5-4 and 5-7 in the Westfield Carlsbad Specific Plan, as shown on the attached "Exhibit SP 09-01(A)". Removal of text is presented in a strikethrough type format, while new additional text is shown in boldface, underlined type format. 5. That the findings and conditions of Planning Commission Resolution No. 7068 shall also constitute the findings and conditions ofthe City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper 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 23rd day of September , 2014, and thereafter. /// /// /// /// /// /// /// /// -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 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the_ AYES: NOES: ABSENT: _day of _ _, 2014, by the following vote, to wit: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, CityAttorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk -3-5 EXHIBIT SP09-01(A) un 0) (U •g 'l/l Ol o as tn >- QJ x: +-» (/) ro E > o ro c gi 'to 0) 0) 0) . w cn -a 5 J3 T3 T3 O) c 'to cn c C ro O) I— rr 02 (5 O (1 o Mi in g> 'U) o ro g i- _ m Ol 5 R- " 8- •g " 1_ 4-1 ro _ U .E OJ s ^ o c (u ro ro i: 13 in CJ ti I 3 (J QJ QJ > U •o C ro ro I : QJ -. i-(3 4 ^ in dj :> o (J T3 13 13 - K> cc il •O ±3 QJ X3 .E ro in ^ c .2 .21 tj l/> QJ C 2 o Si c ro E QJ Is ii.6i 05 SC QJ ro ^ c QJ O) QJ S it (J ro . I- >- S CL •o p ro flj o OJ "3 S a. g.^ ^ ro-- £9 Q. (A T3 •o ^ j_, QJ W m ro ro •g "> T3 C in ^ E !^ in ro c u o JS ^ is o u c ro " ui >- QJ ro y ^ 8 ^ l/l c o T3 QJ •g •> p ro in QJ Q. c gi 'in "ro y •Q. ar QJ QJ E o in _QJ QJ Q. Ol t Q. QJ Ol C .y 5 Ol QJ o G EXHIBIT SP09-01{ A) I 1 I I 1 = u— ro O D QJ !S -g "ti 'in 0} B S S-o in QJ ro •o _ Bid -2 in u QJ u Ol c 3 JD U u o s QJ C Sf oitn "55 u OJ s § R >r ro °l o 0) u. 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C gi 'ui T3 QJ .. =S "1 JS "E QJ ro -a XJ I— Ul T3 QJ O ro QJ XI •55 x: Ul Ul C Dl 'tn T3 c 3 O E p o Q. £3 i^B tn tn " ro c QJ ro N £ « ro 1 Sf I ro .E X c ro I £ £j ro ro o OJ 4-" Dl §- o 4-. c c p X3 ^ XJ QJ in S21 " ro C 4-< Dl P Ul ui£^ .ro ro ,ro QJ I- ui Ul T3 QJ •D _3 U c XJ (Q ro rj x: a. in Q. in c Dl ro:^ •te JS Ul "D ro OJ QJ ro 01 ro .LJ fc •'^ ^ OJ 8 I Dl C in TJ ° ro c \- S c Z u. = .E Q ro 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 2 ORDINANCE NO. CS-264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO THE WESTFIELD CARLSBAD SPECIFIC PLAN (SP 09-01) TO AMEND THE USE CLASSIFICATIONS: TABLE 4 OF THE WESTFIELD CARLSBAD SPECIFIC PLAN TO INCLUDE AS PERMITTED USES AUTOMOBILE DEALERSHIPS (MAXIMUM OF 2) FOR ELECTRIC CARS ONLY AT THIS LOCATION AND AUTOMOBILE SERVICE AND REPAIR OF ELECTRIC CARS WHEN ANCILLARY TO AN EXISTING AUTOMOBILE DEALERSHIP WITHIN THE WESTFIELD CARLSBAD SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISECTED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01(B) The City Council ofthe City ofCarlsbad, California, does ordain as follows: WHEREAS, the Westfield Carlsbad Specific Plan was originally adopted by City Council Ordinance No. CS-219 on July 23, 2013, which contains the uses, development standards and design guidelines for the development of the Specific Plan area; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 09-01(B)) for the Westfield Carlsbad Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 09-01(B)) be approved. NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. 2. That the Westfield Carlsbad Specific Plan (SP 09-01(B)), on file in the Planning Division, and incorporated herein by reference, is adopted. The Westfield Carlsbad 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 Specific Plan (SP 09-01(B)) shall constitute the zoning for the property and all development ofthe property shall conform tothe Specific Plan. 3. That the Westfield Carlsbad Specific Plan (SP 09-01), as amended by Specific Plan Amendment 09-01(B), dated August 20, 2014, is approved. 4. That Specific Plan Amendment (SP 09-01(B)) adds text to Table 4: Use Classifications on Pg. 3-2 in the Westfield Carlsbad Specific Plan, as shown on the attached "Exhibit SP 09-01(B)." 5. That the findings and conditions of Planning Commission Resolution No. 7069 shall also constitute the findings and conditions ofthe City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper 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 23rd dav of September , 2014, and thereafter. // // // // // // // -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 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIAA. BREWER, CityAttorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk -3- EXHIBIT SP09-01(B) M C o s V M V .10 s.1 a s •5 .1 S .-IS O O QOH --iilii /'tils 1 I 1^ Be I B I'i';!ill gsd ...I e .,!s E .S It 2 i -If % I4llr>r^.llil '^•^Q S 5- K E 1.1 E s e T5 Si £ o I s I s 1 » E £ 5 2 2 0_ (i Q- 4i3 « ro J > Js .1 a s s j= i: m a S .E a, Ti I s E E 1 5 b 'I III I s B 8 ?! s £ £ a J= Ml Ml a: m .Si a s -s il " o E ai 2 .= i * & .3 .= 13.= ^ 'is :p ^ a. ^ Q. S •S a? I = s i og a: < 8 2 c V E ? 1 1 E 3 ess B O g •B fi t 3i o 19 fi li IO EXHIBITS N NOT TO SCALE SITEMAP Westfield Carlsbad SP 09-01 (A)/SP 09-01(8) EXHIBIT 4 12 13 14 15 16 17 18 PLANNING COMMISSION RESOLUTION NO. 7068 1 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 09-01(A) TO REMOVE ALL PROViSIONS FROM THE 4 SPECIFIC PLAN ALLOWING FOR DIGITAL SIGNS WITHIN THE WESTFIELD CARLSBAD SPECIFIC PLAN BOUNDARY AREA ON PROPERTY GENERALLY 5 LOCATED WEST OF EL CAMINO REAL AND BISECTED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. ^ CASE NAME: WESTFIELD CARLSBAD ^ CASE NO.: SP 09-01(A) 8 g regarding property described as WHEREAS, City of Carlsbad has initiated application for a Specific Plan Amendment, Lots 1 to 27, inclusive, of Carlsbad Tract No. CT 76-18 (Plaza Camino Real Shopping Center) in the City of Carlsbad, County of San Diego, State of ll California, according to map thereof no. 8956, filed in the Office of the County Recorder of San Diego County, August 11,1978 ("the Property"); and WHEREAS, said verified application constitutes a request for a Specific Plan Amendment, on file in the Carlsbad Planning Division, WESTFIELD CARLSBAD - SP 09-01(A) as provided by Government Code Section 65453; and WHEREAS, on March 25, 2014, the City Council directed staff to remove all provisions for digital signs from the citywide Sign Ordinance and approved Specific Plans, such as the Westfield ig Carlsbad Specific Plan (SP 09-01); and 20 WHEREAS, the proposed WESTFIELD CARLSBAD - SP 09-01(A) is set forth and attached 21 in the draft City Council Ordinance, Exhibit "X" dated, August 20, 2014, and attached hereto; and 22 WHEREAS, the Planning Commission did, on August 20, 2014, hold a duly noticed public 23 hearing as prescribed by law to consider said request; and 24 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 27 28 1 2 3 4 5 6 7 8 9 IQ Findings: 17 18 19 WHEREAS, on July 23, 2013, the City Council approved SP 09-01, as described and conditioned in Planning Commission Resolution No. 6982 and City Council Resolution Ordinance No. CS- 219. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of WESTFIELD CARLSDBAD - SP 09-01(A) based on the following findings [and subject to the following conditions]: 11 1. This amendment is consistent with a March 25, 2014 City Council direction to staff to remove all provisions for the allowance of digital signage from within the citywide Sign Ordinance and 12 any approved specific plans, such as the Westfield Carlsbad Specific Plan, following a public hearing for an amendment to the Car Country Specific Plan (SP 19(J)). 13 The proposed, as described by the Specific Plan Amendment (SP 09-01(A)), is consistent with the 14 provisions of the General Plan in that General Plan Commercial Objective B.3 of the Land Use element requires the City to establish and maintain commercial development standards to 15 address landscaping, parking, signs, and site and building design, to ensure that all existing and future commercial developments are compatible with surrounding development. The City Council on March 25, 2014 found that digital signs were not generally a compatible land use anywhere within the City of Carlsbad and directed staff to amend the citywide Sign Ordinance and any approved specific plans (i.e., Westfield Carlsbad Specific Plan) to remove all such provisions. Specifically, digital signs are not compatible with the City's "village character." Removal of these provisions to allow digital signs will ensure that existing and future commercial developments are compatible with surrounding development. Furthermore, this amendment is consistent with the Land Use Element of the General Plan based on the City's 20 overall goal of maintaining and enhancing its visual appeal for residents, visitors and tourists. This can be accomplished by preventing the degradation of visual quality which can result from 21 excess signage (including digital signs). 22 3. The proposed plan amendment to remove provisions for digital signs would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that digital signage 23 could no longer be conditionally permitted within the Westfield Carlsbad Specific Plan. 24 4. The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code 25 Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The 2^ proposed revisions to the Specific Plan are similar to minor Zoning Ordinance amendments and therefore are exempt from environmental analysis. 27 28 PC RESO NO. 7068 -2- 1.. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree 3 of the exaction is in rough proportionality to the impact caused by the project. 4 Conditions: 5 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained 6 according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their ^ compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval ofthis Specific Plan Amendment. 7 9 10 11 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan Amendment document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this j^2 approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 13 14 If any condition for construction of any public improvements or facilities, or the payment of any 15 fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such 16 condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 17 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and 19 costs, Including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Specific Plan Amendment, (b) City's approval or 20 issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the 21 facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. 22 23 24 25 26 27 28 Within one (1) month of this approval, Westfield shall submit to the City Planner a digital copy and a camera-ready master copy of SP 09-01(A), in addition to the required number of bound copies (i.e. 5 copies). PC RESO NO. 7068 1 2 14 15 16 17 18 19 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, ^ resen/ations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. Ifyou protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with g Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal actioji to attack, review, set aside, void, or annul their imposition. 7 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT 8 APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any 9 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 10 '• 11 12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on August 20,2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Montgomery, 13 Scully, Segall and Siekmann NOES: ABSENT: ABSTAIN: 20 NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 21 " 22 ATTEST: DON NEU City Planner PC RESO NO. 7068 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 "X" August 20, 2014 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO THE WESTFIELD CARLSBAD SPECIFIC PLAN (SP 09-01) TO REMOVE ALL PROVISIONS FROM THE SPECIFIC PLAN ALLOWING FOR DIGITAL SIGNS WITHIN THE WESTFIELD CARLSBAD SPECIFIC PLAN BOUNDARY AREA ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISEaED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01(A) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Westfield Carlsbad Specific Plan was originally adopted by City Council Ordinance No. CS-219 on July 23, 2013, which contains the uses, development standards and design guidelines for the development of the Specific Plan area; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 09-01(A)) for the Westfield Carlsbad Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 09-01(A)) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. 2. That the Westfield Carlsbad Specific Plan (SP 09-01(A)), on file in the Planning Division, and incorporated herein by reference, is adopted. The Westfield Carlsbad Specific Plan (SP 09-01(A)) shall constitute the zoning for the property and all development ofthe property shall conform to the Specific Plan. 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 3. That the Westfield Carlsbad Specific Plan (SP 09-01), as amended by Specific Plan Amendment 09-01(A), dated August 20,2014, is approved. 4. That Specific Plan Amendment (SP 09-01(A)) amends text on Pgs. 5-4 and 5-7 in the Westfield Carlsbad Specific Plan, as shown on the attached "Exhibit SP 09-01(A)". Removal of text is presented in a strikothrough type format, while new additional text is shown in boldface, underlined type format. 5. That the findings and conditions of Planning Commission Resolution No. 7068 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper 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. Ill III III III III III III III _day of _, 2014, and thereafter. 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 AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk I s I 1 QJ QJ •g 'ui Ol c o ro 5 ar E QJ QJ > O xa ro c gi Ul QJ x: 4-* QJ QJ . 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PLANNING COMMISSION RESOLUTION NO. 7069 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CAUFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 09-01(B) TO AMEND THE USE CLASSIFICATIONS: TABLE 4 4 OF THE WESTFIELD CARLSBAD SPECIFIC PLAN TO INCLUDE AS PERMITTED USES AUTOMOBILE DEALERSHIPS FOR ELEaRIC CARS ONLY 5 AND AUTOMOBILE SERVICE AND REPAIR OF ELECTRIC CARS WHEN ANCILLARY TO AN EXISTING AUTOMOBILE DEALERSHIP WITHIN THE ^ WESTFIELD CARLSBAD SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISEaED BY MARRON ROAD IN LOCAL FACIUTIES MANAGEMENT ZONE 1. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01(B) 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Plaza Camino Real, LP and CMF PCR, LLC "Developers," have filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, Plaza Camino Real, LP and CMF PCR, LLC, "Owners," described as 7 8 9 10 11 12 „ Lots 1 to 27, inclusive, of Carlsbad Tract No. CT 76-18 (Plaza Camino Real 13 Shopping Center) in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 8956, filed in the Office of the 14 County Recorder of San Diego County, August 11,1978 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Specific Plan Amendment, on file in the Carlsbad Planning Division, WESTFIELD CARLSBAD - SP 09-01(B) as provided by Government Code Section 65453; and WHEREAS, the proposed WESTFIELD CARLSBAD - SP 09-01(B) is set forth and attached in the draft City Council Ordinance, Exhibit "X" dated, August 20, 2014, and attached hereto; and WHEREAS, the Planning Commission did, on August 20, 2014, 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 16 17 18 19 WHEREAS, on July 23, 2013, the City Council approved SP 09-01, as described and conditioned in Planning Commission Resolution No. 6982 and City Council Resolution Ordinance No. CS- 219. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of WESTFIELD CARLSBAD - SP 09-01(8) based on the g following findings [and subject to the following conditions]: IQ Findings: 11 1. The proposed amendment as described by the Specific Plan Amendment (SP 09-01(B)) is consistent with the provisions ofthe General Plan in that the General Plan Land Use designation 12 for the Westfield Carlsbad Specific Plan area is Regional Commercial (R). The Land Use Element of the General Plan describes regional commercial centers as those that are of a regional scale 13 (i.e., drawing customers from outside of the City) and provide shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishings anchored by two or 14 more department stores and generally located on sites easily visible as well as accessible from interchange points between highways and freeways. The proposed uses consisting of 15 Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars when ancillary to an existing automobile dealership are consistent uses associated with regional commercial shopping centers as described by the R General Plan Land Use designation. 2. The proposed plan amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed uses, consisting of Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars only when ancillary to an existing automobile dealership, are considered consistent uses associated with regional commercial shopping centers as described bythe R General Plan Land Use designation. 2Q Moreover, the Westfield Carlsbad Specific Plan includes specific development standards and design guidelines that guide the development of a quality planned regional shopping center and 21 insure compatibility among tenants. Lastly, Westfield Carlsbad has access to a parking field consisting of 6,076 parking spaces where 4,602 parking spaces are required. With a surplus of 22 1,474 parking spaces, there is adequate parking onsite to accommodate these future uses, including up to 10 outside parking spaces for display and test driving purposes and a maximum 23 of 45 outside parking spaces for inventory at a secured location. 24 3. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to 25 the subject property in that all necessary infrastructure required to serve the Westfield Carlsbad Specific Plan is in place, which has been identified in the Westfield Carlsbad Specific Plan and 26 the LFMZ 1 plan and no further mitigation or special conditions are required. 27 4. The proposed commercial uses will be appropriate in area, location, and overall design to the purpose intended. The design and development standards ofthe approved Westfield Carlsbad 28 PC RESO NO. 7069 -2- 1 Specific Plan are such as to create an environment of sustained desirability and stability. Such 2 development will meet performance standards established by this title in that all future development and/or tenant improvements carried out to support these proposed future uses, 3 consisting of Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars when ancillary to an existing automobile dealership, would be subject to the 4 development standards and design guidelines of the Westfield Carlsbad Specific Plan, which guide the development of a quality planned regional shopping center and will insure compatibility among tenants. 5 7 8 9 6 5. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities ofthe types needed at such location proposed, in that Westfield Carlsbad is an existing regional commercial shopping center located within the City's Regional Commercial (R) General Plan Land Use designation. The proposed uses, consisting of Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars when ancillary to an existing automobile dealership, assist in achieving a Westfield Carlsbad Specific Plan goal of "establishing Westfield Carlsbad as a prominent regional retail center attractive to high quality retailers and fueling economic growth in the City while satisfying current consumer needs on a regional scale." The proposed uses also contribute to a •1^1 Specific Plan objective "to offer a full range of goods, services and entertainment to the residents of Carlsbad and the surrounding community." 12 The area surrounding the Westfield Carlsbad Specific Plan is planned and zoned in coordination 13 and substantial compatibility with the development, in that existing open space, multiple-family residential, and commercial uses adjoining the Westfield Carlsbad Specific Plan boundary are 14 separated by existing roadways, distance and elevation from the existing and proposed regional commercial uses thereby creating adequate separation of uses. 15 The proposed plan amendment will contribute to the balance of land use so that local residents 16 may work and shop in the community in which they live in that the proposed uses, consisting of Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars 1^ when ancillary to an existing automobile dealership, will provide increased retail goods and services as well as additional employment opportunities to the residents of Carlsbad and the surrounding community. 19 The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant 20 to CEQA Guidelines Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there 21 is no possibility that the activity in question may have a significant effect on the environment. The proposed revisions to the Specific Plan are similar to minor Zoning Ordinance amendments and 22 therefore are exempt from environmental analysis. 23 9. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to 24 mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 25 26 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented 27 and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein 28 PC RESO NO. 7069 -3- Conditions: 1.. granted; deny or further condition issuance of all future building permits; deny, revoke, or further 2 condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their 3 compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval ofthis Specific Plan Amendment. 4 Staff is authorized and directed to make, or require Developer to make, all corrections and 5 modifications to the Specific Plan Amendment document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur 6 substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and ^ regulations in effect at the time of building permit issuance. 10 11 12 13 ^ 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and l^ costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Specific Plan Amendment, (b) City's approval or 15 issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the 16 facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This 17 obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. 18 Developer shall implement, or cause the implementation ofthe Westfield Carlsbad Specific Plan 19 Final Environmental impact Report (EIR 09-02) and Project Mitigation Monitoring and Reporting Program. 20 Prior to the issuance of any permits associated with the proposed uses, consisting of 21 Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars when ancillary to an existing automobile dealership, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the SP 09-01(B) (including SP 09- 2^ 01(A)), in addition to the required number of bound copies (i.e., 5 copies). 24 25 26 27 28 PC RESO NO. 7069 -4- 14 15 16 17 18 19 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, ^ reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. Ifyou protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with g Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 7 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT 8 APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar appiication processing or service fees in connection with this project; NOR DOES IT APPLY to any 9 fees/exactionis of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 10 11 12 _^ AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Montgomery, 13 Scully, Segall and Siekmann PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, California, held on August 20,2014, by the following vote, to wit: NOES: ABSENT: ABSTAIN: 20 NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 21 " 22 ATTEST: DON NEU City Planner PC RESO NO. 7069 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "X" August 20, 2014 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, ADOPTING AN AMENDMENT TO THE WESTFIELD CARLSBAD SPECIFIC PLAN (SP 09-01) TO AMEND THE USE CLASSIFICATIONS: TABLE 4 OF THE WESTFIELD CARLSBAD SPECIFIC PLAN TO INCLUDE AS PERMITTED USES AUTOMOBILE DEALERSHIPS FOR ELECTRIC CARS ONLY AND AUTOMOBILE SERVICE AND REPAIR OF ELEaRIC CARS WHEN ANCILLARY TO AN EXISTING AUTOMOBILE DEALERSHIP WITHIN THE WESTFIELD CARLSBAD SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISEaED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01(B) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Westfield Carlsbad Specific Plan was originally adopted by City Council Ordinance No. CS-219 on July 23, 2013, which contains the uses, development standards and design guidelines for the development of the Specific Plan area; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 09-01(B)) for the Westfield Carlsbad Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 09-01(B)) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. 2. That the Westfield Carlsbad Specific Plan (SP 09-01(B)), on file in the Planning Division, and incorporated herein by reference, is adopted. The Westfield Carlsbad 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 Specific Plan (SP 09-01(B)) shall constitute the zoning for the property and all development of the property shall conform to the Specific Plan. 3. That the Westfield Carlsbad Specific Plan (SP 09-01), as amended by Specific Plan Amendment 09-01(B), dated August 20, 2014, is approved. 4. That Specific Plan Amendment (SP 09-01(B)) adds text to Table 4: Use Classifications on Pg. 3-2 in the Westfield Carlsbad Specific Plan, as shown on the attached "Exhibit SP 09-01(B)." 5. That the findings and conditions of Planning Commission Resolution No. 7069 shall also constitute the findings and conditions of the City Council. EFFEaiVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper 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. II II II II II II II _day of _, 2014, and thereafter. 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 AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, CityAttorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk I fi S = f I ^ .1 3 ^ ,s 8 z o 1 EXHIBIT 5 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: August 20, 2014 Application complete date: June 30, 2014 Project Planner: Jason Goff Project Engineer: Jeremy Riddle SUBJEa: SP 09-01(A)/SP 09-01(B) - WESTFIELD CARLSBAD - Request for a recommendation of approval of two Specific Plan Amendments to the Westfield Carlsbad Specific Plan that 1) removes all provisions from the Specific Plan allowing for digital signs; and 2) amends the Use Classifications: Table 4 ofthe Specific Plan to include as a permitted use Automobile Dealerships for electric cars only and Automobile Service and Repair of electric automobiles when ancillary to an existing automobile dealership within the Westfield Carlsbad Specific Plan on property generally located west of El Camino Real and bisecting Marron Road in Local Facilities Management Zone 1. The City Planner has determined that the proposed amendments are exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 7068 and 7069 RECOMMENDING APPROVAL of Specific Plan Amendment SP 09-01(A) and Specific Plan Amendment SP 09-01(B) based upon the findings and subject to the conditions contained therein. n. PROJECT DESCRIPTION AND BACKGROUND On July 23, 2013, the City Council adopted the Westfield Carlsbad Specific Plan (WCSP), which replaced Precise Plan 24 (inclusive of amendments A-K) and became the new zoning document for Westfield Carlsbad, a regional shopping center. The WCSP is responsible for defining allowed uses and establishing a compreliensive set of development standards and design guidelines for Westfield Carlsbad as well as implementation procedures to facilitate future redevelopment, revitalization, and ongoing operations. A. SP 09-01(A) Included within the WCSP are sign standards specific to Westfield Carlsbad. Of these specific standards, one allows for digital signs subject to the City Council's approval of a conditional use permit. This provision was consistent at the time with a Sign Ordinance amendment (ZCA 11-03) going forward to allow digital signs in regional commercial centers (i.e., Westfield Carlsbad and Car Country Carlsbad) located within a Regional Commercial (R) General Plan Land Use designation that have frontage on a freeway (i.e., Interstate-5 or State Route 78). The WCSP, falling within the R Land Use designation, included such provisions. However, on March 25, 2014, in their review of the Car Country Carlsbad Specific Plan Amendment (SP 19(J)), the City Council denied the Specific Plan Amendment provisions to allow digital signs at Car Country Carlsbad and further directed that the previously adopted provisions to allow digital signs at the above-noted regional commercial centers be deleted from the Sign Ordinance and that staff initiate an amendment to the WCSP to remove any provisions or allowance for digital signs. o SP 09-01(A)/SP 09-01(B) - WESTFIELD CARLSBAD August 20, 2014 Page 2 On June 12, 2014, the California Coastal Commission approved the City's Local Coastal Program Amendment (LCPA 11-04) for the Sign Ordinance Amendment (ZCA 11-03) subject to the City adopting the suggested modifications to delete the provisions that would have allowed digital signs within the City. On April 24,2014 staff initiated Specific Plan Amendment No. SP 09-01(A) in accordance with City Council's direction. This amendment consists of two text changes to pages 5-4 and 5-7 of the Specific Plan, which are included as exhibits to Planning Commission Resolution No. 7068. Removal of text is presented in a strikethrough type format, while new additional text is shown in boldface, underlined type format. B. SP 09-01(B) In addition to the above, Westfield submitted Specific Plan Amendment No. SP 09-01(B) on May 6, 2014, requesting to add two (2) new uses to the Use Classifications: Table No. 4 found on page 3-2 ofthe WCSP. This would add "Automobile Dealerships" to the existing Retail Uses category with specific provisions to allow for "Electric cars only and up to 10 outside parking spaces for display and test driving purposes and a maximum of 45 outside parking spaces for inventory at a secured location." The other would add "Automobile Service and Repair" to the existing Accessor)/ and Support Uses category with specific provisions to allow for "sen/ice and repair of electric automobiles only when ancillary to an existing automobile dealership." This amendment is included as an exhibit to Planning Commission Resolution No. 7069. Table A below includes the General Plan designations, zoning and current land uses ofthe project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site Regional Commercial (R) General Commercial (C-2) Regional Shopping Center North City of Oceanside Special Commercial (SC) and Civic Institutional (Cl) City of Oceanside Specialized Commercial - Highway Oriented (CS-HO) and Public & Semi Public (PS) Parking Lot, Sewer Treatment Plant, Buena Vista Creek, South Vista Way, Commercial Businesses, Haymar Drive and SR-78 South Open Space (OS) and Residential Medium-High Density (RMH) Open Space (OS) and Planned Community (P-C) Open Space and Multiple- Family Residential East Local Commercial (L) Local Shopping Center (CL) El Camino Real and Carlsbad Plaza Shopping Center West Open Space (OS) and Regional Commercial (R) General Commercial (C-2), General Commercial with a Qualified Development Overlay (C-2-Q) and Open Space (OS) North County Plaza Shopping Center, Buena Vista Creek and Jefferson Street a \ SP 09-01(A)/SP 09-01(B) - WESTFIELD CARLSBAD August 20, 2014 Page 3 III. ANALYSIS The proposal is subject to the following plans, ordinances and standards as analyzed within the following section ofthis staff report: A. General Plan Land Use Element - Regional Commercial (R) Land Use Designation; B. Westfield Carlsbad Specific Plan (SP 09-01(A)); C. Westfield Carlsbad Specific Plan (SP 09-01(B)); D. General Commercial (C-2) Zone (C.M.C. 21.28); and E. Growth Management Ordinance (Local Facilities Management Plan Zone 1). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each ofthe above regulations is discussed in detail in the sections below. A. General Plan The first of two (2) amendments to the WCSP (SP 09-01(A)) removes all provisions for the allowance of any digital signs consistent with the City Council's recent decision not to allow for digital signage on properties located within the R Land Use designation that have frontage on a freeway (Interstate-5 or State Route 78) or anywhere else in the City. This amendment is consistent with Commercial Objective B. 3 of the General Plan Land Use element requiring the City to establish and maintain commercial development standards for signs, among other things, to ensure that all existing and future commercial developments are compatible with surrounding development. As discussed above, the City Council on March 25, 2014 found that digital signs were not generally a compatible land use anywhere within the City. Specifically, digital signs are not compatible with the City's "village character." Removal of these provisions to allow digital signs will ensure that existing and future commercial developments are compatible with surrounding development. Furthermore, this amendment is consistent with the Land Use Element ofthe General Plan based on the City's overall goal of maintaining and enhancing its visual appeal for residents, visitors and tourists. This can be accomplished by preventing the degradation of visual quality which can result from excess signage (including digital signs). The second Specific Plan Amendment (SP 09-01(B)) proposes to allow as a permitted use at Westfield Carlsbad, automobile dealerships for the sale of electric cars only and automobile service and repair of electric cars only when ancillary to an existing automobile dealership. The General Plan Land Use designation for the WCSP area is Regional Commercial (R). The Land Use Element of the General Plan describes regional commercial centers as those that provide shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishings anchored by two or more department stores. Therefore, SP 09-01(B) is consistent with the Land Use Element ofthe General Plan. B. Westfield Carlsbad Specific Plan Amendment 09-01(A) Specific Plan Amendment 09-01(A) is a City initiated amendment to the WCSP proposing to remove all provisions from the Specific Plan for any allowances of digital signs consistent with City Council direction on March 25,2014 and the Sign Ordinance. As stated above, this amendment consists of two text changes to pgs. 5-4 and 5-7 of the Specific Plan. Digital signs, with their innovation and ability to offer enhanced flexibility for keeping up with modern trends, may be consistent with a modernized and revitalized Westfield Carlsbad as envisioned by the goals of the WCSP; however, they are not in keeping with the Specific Plan objective of establishing development standards (including for signage) to ensure that future SP 09-01(A)/SP 09-01(8) - WESTFIELD CARLSBAD August 20, 2014 Page 4 redevelopment is compatible with the Carlsbad General Plan, as discussed in "A" above. Therefore, this amendment is consistent with the WCSP. Despite this action, other aspects ofthe WCSP, such as enhanced design guidelines, flexible development standards and review processes, which allow for quick and efficient continuous improvements in response to market conditions, remain in effect to insure that Westfield Carlsbad is modernized and revitalized in accordance with Specific Plan goals and objectives. C. Westfield Carlsbad Specific Plan Amendment 09-01(B) Specific Plan Amendment 09-01(B) is a Westfield initiated amendment to the WCSP that proposes to add two (2) new uses to the Use Classifications Table No. 4 found on pg. 3-2 of the Specific Plan. This amendment includes adding "Automobile Dealerships" to the existing Retail Uses category with the following specifications: "Electric cars only and up to 10 outside parking spaces for display and test driving purposes and a maximum of 45 outside parking spaces for inventory at a secured location." The other would add "Automobile Service and Repair" to the existing Accessory and Support Uses category with the following specifications: "Service and repair of electric automobiles when ancillary to an existing automobile dealership." It is being requested that both of these uses be considered permitted uses. Westfield Carlsbad has access to a parking field consisting of 6,076 parking spaces where 4,602 parking spaces are required. With a surplus of 1,474 parking spaces, there is adequate parking onsite to accommodate these future uses. The proposed uses are consistent with the Specific Plan Goals and Objectives as shown in Table B below: TABLE B GOAL/OBJECTIVE PROPOSED USES Goal 3: Establish Westfield Carlsbad as a prominent regional retail center attractive to high quality retailers and fueling economic growth in the City while satisfying current consumer needs on a regional scale. The proposed uses broaden the list of existing uses allowed by the Specific Plan and contribute to the objective of providing a full range of goods and services offered at Westfield Carlsbad, which could further establish Westfield Carlsbad as a prominent regional retail center for the residents of Carlsbad and the surrounding community. Objective 5: To offer a full range of goods, services and entertainment to the residents of Carlsbad and the surrounding community. The proposed uses broaden the list of existing uses allowed by the Specific Plan and contribute to the objective of providing a full range of goods and services offered at Westfield Carlsbad, which could further establish Westfield Carlsbad as a prominent regional retail center for the residents of Carlsbad and the surrounding community. D. General Commercial (C-2) The underlying General Commercial (C-2) Zone development standards and permitted uses were superseded by the development standards and permitted uses of the WCSP and therefore are not applicable to Westfield Carlsbad except where specifically noted in Use Classifications Table 4 of the WCSP. Auto repairing is a permitted use in the C-2 zone. However, neither digital signs nor automobile sales are permitted within the C-2 zone. However, through the specific plan process, similar to the Car Country Carlsbad Specific Plan (SP 19(1)), automobile sales have been permitted consistent with the R General Plan Land Use designation. The applicant in this case is requesting to amend Use Classifications Table 4 of the WCSP to allow automobile dealerships and service facilities as it relates specifically to electric cars only. As previously discussed, the proposed amendment to delete digital signs from the WCSP is consistent with the C-2 zone. SP 09-01(A)/SP 09-01(B) - WESTFIELD CARLSBAD August 20, 2014 Page 5 E. Growth Management Ordinance (Local Facilities Management Zone 1) The project area is located within Local Facilities Management Zone 1 in the northwest quadrant ofthe City. The Specific Plan amendment project does not have any impacts on public facilities. All required infrastructure is already in place to serve the WCSP. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed revisions to the Specific Plan are similar to minor Zoning Ordinance amendments and therefore are exempt from environmental analysis. ATTACHMENTS: 1. Planning Commission Resolution No. 7068 (SP 09-01(A)) 2. Planning Commission Resolution No. 7069 (SP 09-01(B)) 3. Location Map 4. Disclosure Statements 54 DISCLOSURE Develooment Services <^0-' STATEMENT planning Division CITY OF P -f/AX 1635 FaradayAvenue CAQl «^RAn (760)602^610 V_*/~\r\,l_.../L^r*L-' www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Niate: lAl^il^ini^ypp W c!<i(?i4hri|ffi||:fipwey^^ Jitg^limiirie 9J[id';fOlfi|;(j: 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. Ifthe applicant includes a corporation or partnership, include the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publidv-owned corooration. include the names, titles, and addresses of the corporaite officers. (A separate page may be attached if necessary.) Person ^ Corp/Part_ Title Au djbtiu/xJ^ Title Address Address. 2. OWNER (Not the owner's ggent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Aiso, provide ttie nature of ttie legal ownerehip (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of aH Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publidv-owned conaoration, include the names, titles, and addresses ofthe corporate officers. (A separate page may be attached if necessary.) Person . >» Corp/Part Title 4U ^.^^fe^y Title Address Address. p.1(A) Pagel of 2 Revised 07/10 '35 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director ofthe non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Toist Title A / -_ Title Address ' Address. 4. Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes {X[NO Ifyes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above Infonnation is tnje and correct to the best of my knowledge. , , See attached See attachea simature page.— Signahjrqgj^SSaWfetpage. Signature Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p.1(A) Page 2 of 2 Revised 07/10 Attachment To Disclosure Statement P-1(A) Plaza Camino Real Name and Address of Applicant: Name and Address of Applicant's partners: PLAZA CAMINO REAL 2049 Century Park East, 41** Floor Los Angeles, CA 90067 PCRGP, L.P. 2049 Centuiy Pa± East, 41"* Floor Los Angeles, CA 90067 Name and Address of Owner: Plaza Camino Real LLC 2049 Century Park East, 41'' Floor Los Angeles, CA 90067 Westfield America Limited Partnership 2049 Centuiy Park East, 41" Floor Los Angeles, CA 90067 Westfield U.S. Holdings, LLC 2049 Centuiy Park East, 41'' Floor Los Angeles, CA 90067 Same as Applicant above. Name and address of Owner's partners: Same as Applicant above. List of Officer^s Names: See Unanimous Consent of the Board of Manager of Westfield Holdings, LLC attached hereto as KxhihH A. Address of all Oificers: c/o Westfield, LLC 2049 Century Park East, 41'* Floor Los Angeles, CA 90067 [Owner/Applicant signature appears on next page.] Disclosure Statement P-1 (A) Plaza Camino Reai April 25,2014 Page 2 1 CERTIFY THAT ALL THE ABOVE INFORMATION IS TRUE AMD CORRECT TO THE BEST OF MY KNOWLEDGE. PLAZA CAMMO REAL, a Califomia limited partnership By: PCRGP, L.P., a Delaware limrted partnership its general partner By: Plaza Camino Real LLC, a Delaware limited liability company, its general partner By: Westfield America Limited Partnership, a Delaware limited partnership, its sole member By: Westfield U.S. Holdings, LLC, a Delaware limited liability company, ftr^neral partn«L CAUFOKNL^ ACKNOWLEDGMENT STATE OF CALTFORNIA ) COUNTY OF LOS ANGELES ) On April ^ 5 2014, before me, Lisa M. Shelley, aNotaryPublicia and for said Coimty and State, personally speared, R0K2 A. PACKKR who proved to me on the basis of satisfactory evidence to be the persor^) whose name(8) is/ajfe subscribed to the within instrument and acknowledged to me that he/sljfe/tljey executed the same in his/ljtfr/thjelr authorized capacity(i^), and that by his/b^/t^ir signatme^S) on the instrument the person^, or the entity upon behalf of which the person(8) acted, executed fhe instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that flie foregoing paragraph is true and correct. \\TrNESS my hand and official seal. J'>^^ * 'USAM'. S'HELLEY—~> Commission # 1931433 I /7 // ^^^^^ Notary Pubfic'Cslifomla | Signature: (/>f^^/^H-A-vJ/yLr I MVComm.SresAPI'SO.20i!it Notary PubHc ^ Rotary Seal) i i . Disclosure Statement P-I(A) Plaza Camino Real April 25,2014 Page 2 EXHIBITA List of Officers 3^ UNAMMOUS WRITTEN CONSENT OF THE BOAIUD OF MANAGERS OF WESTFIELD U.S. HOLDINGS, LLC The undersigned, being all of tbe members ofthe Board of Managers of Westfield U.S. Holdings, LLC, a Ddaware limited liability company (the "Company*'), acting pursuant to Section 4.4 of the Agreement of Limited Liability Company of tlie Company, dated as of June 28,2006, do hereby consent to the adoption of, and do hereby adopt, the following resolutions with the same force and effect as if tliey had been approved and adopted by a unanimous vote ofthe Managers at a duly convened meeting of tiie Board of Managers of the Company (flie "Board"). OFFICERS RESOLVED, thatthe following officers be, and the same hereby ai-e, elected to serve as officers of the Company as indicated, to serve in accordance with the Operating Agreement and ai the discretion of the Board: Name Peter S. Lowy Mark A. Stefanek Greg Miles Peter R. Schwartz Aline Taireh Roger A. Porter RoryA Packer Amold L. Mayersohn, Jr. Laurie Yoo Stq:hanie Shidi John Kim Lisa Rolnick. Lisa Shelley Dainion Scheller Title Chief Executive Officra and President Chief Financial OfEcesr and Treasurer Chief Operating OfiScer Senior Executive Vice President, General Counsel and Secretary Senior Vice Resident and Assistant Secretary Vice President - Tax Assistant Secretary Assistant Secretaiy Assistant Secretary Assistant Seoretaiy Assistant Secretary Assistant Secretaiy Assistant Secretary Assistant Secretaiy RESOLVED FIIRTHER, that all actions heretofore taken by any officer of the Company prior to the date of these resolutions that is otherwise wifhin the authority of these resolutions is hereby ratified, confirmed and approved in all respects. IN WITNESS WHEREOF, tiie undersigned, being all ofthe members ofthe Board of Managers of tbe Company have executed this written consent effective as of •flie 3"* day of June 2013. Peter S.Lowy Mark A. Stefenek yj^^ DISCLOSURE Development Services STATEMENT planning Division ^ CITYOF P1fA\ 1635 Faraday Avenue CARI SRAD (760)602-4610 ^^'»» »t-m-JUryl^ www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following Information IVIUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: , ' > . , Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate,' in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination ading as a unit." Agen^ rtiay sign this dpcunfieht; however; the. legal riamO and entjty pf the applicant and prppefty! Owner; must be provided below 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person See Attachment. Corp/Part Title Title Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person See Attachment. Corp/Part Title Title Address Address P-1(A) Paget of2 Revised07/10 41 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust H/A Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes ^ No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. See Attachment. Signature of owner/date Signature of applicant/date CWIF PCR LLC/Rory A. Packer, Assistant Secretary Print or type name of owner Print or type name of applicant See Attachment. Signature of owner/applicant's agent if applicabie/date CiVIF PCR LLC/Rory A. Packer, Assistant Secretary Print or type name of owner/applicanfs agent p-1 (A) Page 2 of 2 Revised 07/10 Attachment to Disclosure Statement P-1 (A) City of Carlsbad Name of Applicant/Owner Entitv; Name(s)/Addresses of Principal Owners of Owner Entitv; List of Officers and Addresses; CMF PCR LLC 2049 Century Park East, 41'' Floor Los Angeles, CA 90067 Westfield America Limited Partnership 2049 Century Park East, 41'* Floor Los Angeles, CA 90067 (sole member of CMF PCR LLC) Westfield U.S. Holdings, LLC 2049 Century Park East, 41'' Floor Los Angeles, CA 90067 (general partner of Westfield America limited partnership) See Attached. 2049 Century Park East, 41'* Floor Los Angeles, CA 90067 I CERTIFY THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. CMF PCR LLC, a Delaware limited liability company By: Westfield America Limited Partnership, a Delaware limited partnership, its sole member By: Westfield U.S. Holdings, LLC, a DelawareJHSEihed liabiltly company, its general partner By: . Name: Title: A: Dated: Ji ACKER Secretary U3 UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS OF WHL USA ACQUISITIONS INC. TO ACTION WITHOUT A IVIEETING The undersigned, being all of the members of the Board of Directors (the "Directors") of WHL USA Acquisitions Inc., a Delaware corporation (the "Corporation'^, acting pursuant to Section 141(f) of the General Corporation Law ofthe State of Delaware, hereby adopt, by this written consent, the following resolutions with the same force and eflfect as if they had been unanimously adopted at a duly convened meeting ofthe Board of Directors of the Corporation and direct that this written consent be filed vwth the minutes ofthe proceedings of the Board of Directors of flie Corporation: OFFICERS RESOLVED, that flie following officers be, and the same hereby are, elected to serve as officers ofthe Corporation as indicated, to serve in accordance wifli the Bylaws ofthe Corporation and at fhe discretion of the Board: Name Peter S. Lowy Mark A. Stefanek Greg Miles Peter R. Schwartz Roger A. Porter Aline Taireh Rory A. Packer Arnold L. Mayersohn, Jr. Laurie Yoo Stephanie Shieh John Kim Lisa Rohiick Lisa Shelley Damion Scheller Title Chief Executive Officer and President Chief Fmancial Officer and Treasurer Chief Operating Officer Senior Executive Vice President, General Counsel and Secretary Senior Executive Vice President - Tax Senior Vice President and Assistant Secretary Assistant Secretary Assistant Secretaiy Assistant Secretary Assistant Secretaiy Assistant Secretary Assistant Secretary Assistant Secretaiy Assistant Secretary RESOLVED FURTHER, that all actions heretofore taken by any officer ofthe Corporation prior to the date of these resolutions that is otherwise within the autiiority of these resolutions is hereby ratified, confirmed and approved in all respects. Datfed as of: June ^"^ .•20r4 Peter S. Lowy Mark A. Stefanek 4 L. Planning Commission Minutes August 20,2014 Page 2 MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner L'Heureux to approve the minutes ofthe Regular Meeting of August 6, 2014. VOTE: 7-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Black asked Mr. Neu to Introduce the first item and opened the public hearing on Agenda Item 1. 1. SP 09-01(A)/SP 09-01(61 - WESTFIELD CARLSBAD - Request for a recommendation of approval of two Specific Plan Amendments to the Westfield Carlsbad Specific Plan that 1) removes all provisions from the Specific Plan allowing for digital signs; and 2) amends the Use Classifications: Table 4 of the Specific Plan to include as a permitted use Automobile Dealerships for electric cars only and Automobile Service and Repair of electric automobiles when ancillary to an existing automobile dealership within the Westfield Carlsbad Specific Plan on property generally located west of El Camino Real and bisecting Marron Road in Local Facilities Management Zone 1. The City Planner has determined that the proposed amendments are exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061 (b)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Jason Goff would make the staff presentation. Mr. Goff gave a brief presentation and stated he would be available to answer any questions. Chairperson Black asked if there were any questions of staff. Commissioner Montgomery asked about the proposed location of sales inventory on the site. Mr. Goff stated there are no provisions or proposals at this time. Commissioner L'Heureux asked staff to explain the rationale for including the mall as a location for auto sales especially since there were will be more dealers selling electronic vehicles in the future. Mr. Neu stated that in discussions with the applicant, they felt this was a unique type of sales that will attract a different customer base. The city is very cognizant of the fact there is no additional space in Car Country Carlsbad; and by limiting this site to the sales of electric vehicles only, the number of dealers would be limited. Commissioner L'Heureux also asked about any provisions for electric charging stations at the mall. Mr. Goff deferred the question to the applicant Commissioner Segall asked for clarification regarding the proposal before the Commission tonight. Mr, Neu stated the action tonight is for the allowance of electric vehicle sales and maintenance at the mall. L]3 Planning Commission Minutes August 20,2014 Page 3 Commissioner Montgomery asked if this proposal is specific to the eastern portion of the mall currently being redeveloped or if it is for the entire mall. Mr. Goff stated it is for the entire specific plan boundary. Commissioner Anderson asked if an unlimited number of car dealers could be located at the mall if no other restrictions are placed on this amendment. Mr, Goff stated yes. Chairperson Black inquired about the service bays for the vehicles, Mr. Goff stated that this proposal is for the use of car sales to be allowed at the mall, Ms, Mobaldi stated that because the city is the owner of the parking lot and the grant deed of the parking lot property to the City only allows its use for parking purposes, an agreement between the city and the applicant would need to be worked out in order for the parking lot to be used as something other than a parking lot. Commissioner Anderson commented that currently cars would not be allowed to be stored for inventory purposes in the parking lot, Ms, Mobaldi stated that was correct for two reasons: first, because of the ownership by the city; and secondly because the specific plan does not allow for it. Commissioner Scully asked if the city, as the owner of the parking lot, would have a say in how the cars would be stored, Ms, Mobaldi stated that is something that could be worked out between the mall owners, who maintain the lot, and the city. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Stephen Fluhr, representing Westfield, 1632 Dale Street, San Diego, gave a brief presentation and stated he would be available to answer any questions. Regarding the questions about charging stations, Mr. Fluhr commented that they are actively seeking companies that provide such a service; however, many companies have recently gone out of business. Mr. Fluhr also stated that they intend to have the 45 parking spaces identified for inventory to be located in an area ofthe parking lot that is underutilized. The remaining 10 spaces for vehicle test drives will be located closer and adjacent to the storefront without adversely impacting business. Chairperson Black asked if there were any questions ofthe applicant. Commissioner L'Heureux asked Mr. Fluhr if there is a specific number of dealerships that they are targeting, Mr, Fluhr stated two dealerships would be more than adequate. Commissioner L'Heureux asked how many phases are in this project as a whole, Mr. Fluhr stated there are two phases planned: the phase currently under construction and the second phase which will come before the Commission in the near future. Commissioner L'Heureux asked if Sears and Penney's would be included in phase two. Mr, Fluhr stated those locations would be considered in the future as those sites are owned independently. Commissioner L'Heureux inquired if the electric charging stations would be seen in phase 2, Mr, Fluhr commented that they are hoping to take care of that during this current phase as soon as they can find an operator. Mr, Fluhr stated that the proposed dealership would be located on the lower level right next to 24 Hour Fitness. Commissioner Scully asked about where any potential service bays will be located. Mr. Fluhr stated the storefront would take up approximately 20,000 square feet, service access is already provided with roll up doors which are on the approved elevations. The service bays would be located towards the rear of the storefront. The approximately 18,000 square feet remaining will open out to the mall as a traditional retailer. Commissioner Anderson asked Mr, Fluhr if they would move forward with just the retail portion of the dealership if an agreement is not reached regarding using some of the parking lot for the storage of inventory, Mr, Fluhr stated that it would be up to the proposed tenant. Commissioner Anderson inquired how many cars would be allowed for service at one time, Mr, Fluhr stated there are 10 service bays but the proposed dealer does not anticipate having more than 2 vehicles at a time. Commissioner Anderson asked how the 10 cars for test driving would be separated from the regular parking. Mr, Fluhr stated those 10 parking spots would be fairly adjacent to the storefront. The inventory location would be located in a more underutilized location. (JCP Planning Commission Minutes August 20,2014 Page 4 Commissioner Segall asked if Westfield UTC has charging stations. Mr. Fluhr stated the stations are defunct and they are currently looking for a service provider. Commissioner Segall asked if there are service bays located at the UTC location, Mr. Fluhr stated no. Commissioner Segall asked staff to display an image depicting Westfield Carlsbad and to indicate the location ofthe proposed service bays. Mr. Fluhr directed the Commission's attention to the slide and pointed out where the proposed service bays would be located. Commissioner Segall asked if that location was the same location as the previously proposed grocery store. Mr. Fluhr stated yes. Commissioner Segall asked if there is a grocery store proposed in the second phase, Mr. Fluhr commented that if there is a potential location in the mall in the future they would certainly look at that option; however based on feedback from several different grocery stores, the location and layout was not conducive to the business. Commissioner L'Heureux commented that it seems as if there will not be direct access to the proposed dealership from the interior of the mall. He stated his concerns with the potential noise from the proposed service bays that would be located internally on the site. Mr. Fluhr stated that with the service bays located at the back of the building, noise will not be outside the space. From tenant space to tenant space, there are requirements that you cannot hear from one space to another. The movie theater is a great example where you cannot hear sound from one theater to another. Mr. Fluhr commented that it is very important to them that there is quiet enjoyment between all of the retail spaces. Chairperson Black asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Black opened and closed public testimony. Commissioner L'Heureux asked Ms, Mobaldi if it was appropriate or permissible for the commission to add a condition limiting the number of auto dealers allowed at the site, Ms, Mobaldi stated yes as the Commission would not be precluding a particular dealer. Commissioner Scully asked about the chances of another applicant requesting a variance to amend the number of allowed car dealers. Ms, Mobaldi stated it would be a specific plan amendment as this change would pertain to a particular use being allowed on a site, not a variation in a development standard. It is a possibility but not likely as there are not many electric vehicle only dealerships. Commissioner Anderson asked for clarification on the interpretation of the term "automobile dealerships for electric cars only," Mr. Goff stated it is staff's interpretation that it is a dealership that only sells electric cars. Commissioner Segall inquired about the term "dealership" and asked if that includes a storefront, service bays and a place to park or if a dealership by definition is only a storefront with the other uses off-site. Mr, Neu stated the way the proposal is drafted an applicant could get more than just a storefront and that is the intent The concern staff has is limiting the dealership to a manufacturer that only sells electric vehicles as well as allowing for the service and repair of the vehicles, Mr. Neu commented that if an applicant proposed storefront sales only, it would not be required to provide the service and repair aspect. Part of the reasons staff was trying to limit this are some of the same reasons the Commission has already expressed. However, knowing that this is a new way of doing business, staff felt that the product could be provided for in some limited fashion to see how it works. Commissioner Segall inquired about service bays and the exhaust systems forthe site. Mr. Neu stated that between the Building Division and Fire Prevention reviews of the plans, staff will confirm that the site can meet all the applicable building and fire codes. Commissioner Siekmann commented that the Commission should look at all of the positives of this proposal and she feels the city is lucky that there is such a tenant that wants to locate at the mall. When there are so many restrictions on a site, it tends to turn tenants away. Chairperson Black commented that the proposed dealership should sell electric cars only and not any other type of car. Mr, Neu stated that is staff's intention. Chairperson Black offered a change to the proposed wording. Commissioner L'Heureux stated that the wording currently states",.,,limited to dealerships that exclusively sell electric cars." As he understands. Commissioner L'Heureux stated that the dealership would be dedicated to selling electric cars exclusively, Mr. Neu stated that was correct. Planning Commission Minutes August 20,2014 Page 5 Chairperson Black asked if the wording implies that, Mr. Neu stated that staff felt it was clear but if the Commission feels that the wording needs to be clarified, the Commission can modify the language. Commissioner Anderson stated that she tends to agree with Chairperson Black's comments regarding changing the wording and suggested the word "exclusive" be added to the wording, Ms, Mobaldi referred the Commission to Table 4 - Use classifcations - automobile dealerships and suggested that "at this location" can be inserted after "electric cars only." Commissioner Anderson stated that if the intention is to have a dealer that only sells electric cars, and not, for example Toyota that sells an electric car at this location, then the wording needs to be modified to add the word "exclusive," Commissioner Siekmann asked how the applicant understood the proposed wording. Mr. Fluhr commented that the Commission was reading further into the language than he ever did. The intent is for electric cars only to be sold at this location. Commissioner L'Heureux asked if his fellow Commissioners were concerned about limiting the number of dealerships allowed at the mall. He commented that he feels like the Commission only wants electric vehicles to be sold at this location, not hybrids, not combustion engine vehicles or fuel cells. If there is a proposal for anything other than electric vehicle the specific plan would then need to be modified to allow for it. Commissioner Anderson commented that her first impression was that the proposal was for a dealer that sold electric vehicles only, not a Nissan dealership that sells an electric vehicle and has brochures in the storefront for their other vehicles, which could open up the possibility for a regular dealership in the future. Chairperson Black asked if the other Commissioners were in agreement with keeping the wording as proposed by staff. Commissioner L'Heureux suggested thatthe Commission follow the recommendation made by Ms, Mobaldi to clarify the language included in Table 4 - Use Classifications to add "at this location only." Mr. Neu commented that the proposed change only effects this one property and not any other properties zoned as Regional Commercial, Commissioner L'Heureux asked if the Commission would like to limit the number of allowed dealerships for this specific plan. MOTION Commissioner L'Heureux made a motion, duly seconded by Commissioner Scully, to limit the number of electric car dealerships to two within this specific plan for the mall. DISCUSSION Commissioner Siekmann stated that it would be a very poor decision to place restrictions on something like this after hearing from the applicant that it has been so difficult for malls of this type to attract tenants. Commissioner Segall stated his agreement with Commissioner Siekmann. He commented that he is concerned with having service bays for this site and he does not want to see the available space taken up with service bays. Commissioner Segall stated he would not support a motion to restrict the number of dealerships as he feels it will be a market-driven issue. Commissioner Anderson commented that she agrees with restricting the number of dealerships and the applicant stated he would be agreeable to restricting the dealerships to two. Commissioner Scully stated she likes the idea of limiting the dealerships to two as it will makes it special and unique. The intent is to create an upscale mall not an upscale car dealership mall. Chairperson Black stated that competition is good and malls are in the habit of limiting uses. He stated he would be in favor of the motion limiting the number of dealerships. Planning Commission Minutes August 20,2014 Page 6 VOTE The Commission voted 5-2 (Segall and Siekmann) to limit the number of electric car dealerships to two, Ms, Mobaldi stated that the use table, Table 4 - Use Classifications, the line item for automobile dealerships will be amended to include "maximum of two," Chairperson Black asked ifthe Commission was agreeable with the issue of electric vehicles only. Commissioner Siekmann stated that if for example, a Nissan dealership were to open at that location and only sell their electric vehicle, they should be allowed to do so. She asked for clarification from Ms Mobaldi If that IS the intent with wording as it was proposed, Ms, Mobaldi stated that adding "at this location" after "electric vehicles only" would provide clarity. MOTION Commissioner Siekmann made a motion, duly seconded by Commissioner L'Heureux to add the wording "at this location" as suggested by Ms, Mobaldi. VOTE The motion passed unanimously, DISCUSSION Commissioner Segall stated he supports the project; however he is not thrilled with having the service bays at the mall. He commented that he would like to see a grocery store at the mall. Commissioner Montgomery stated he can support the project. Commissioner Siekmann also stated her support of the project Commissioner Anderson commented that she can support the project Commissioner L'Heureux stated he too can support the project. Commissioner Scully stated she can support the project Chairperson Black stated he can also support the project, MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner Segall, that the Planning Commission adopt Planning Commission Resolutions No, 7068 and 7069 recommending approval of Specific Plan Amendment SP 09-01 (A) and Specific Plan Amendment SP 09-01 (B) based upon the findings and subject to the conditions contained therein as amended. VOTE: 7-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 1, asked Mr, Neu to introduce the next item and opened the public hearing on Agenda Item 2. ua NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest nfiay be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 23, 2014, to consider approval of two Specific Plan Amendments to the Westfield Carlsbad Specific Plan that 1) removes all provisions from the Specific Plan allowing for digital signs; and 2) amends the Use Classifications: Table 4 of the Specific Plan to include as a permitted use Automobile Dealerships for electric cars only and Automobile Service and Repair of electric automobiles when ancillary to an existing automobile dealership within the Westfield Carlsbad Specific Plan on property generally located west of El Camino Real and bisecting Matron Road in Local Facilities Management Zone 1 and more particularly described as: Lots 1 to 27, inclusive, of Carlsbad Tract No. CT 76-18 (Plaza Camino Real Shopping Center) in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 8956, filed in the Office of the County Recorder of San Diego County, August 11, 1978 Whereas, on August 20,2014 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of two Specific Plan Amendments to the Westfield Carlsbad Specific Plan that 1) removes all provisions from the Specific Plan allowing for digital signs; and 2) amends the Use Classifications: Table 4 ofthe Specific Plan to include as a permitted use Automobile Dealerships for electric cars only and Automobile Service and Repair of electric automobiles when ancillary to an existing automobile dealership within the Westfield Carlsbad Specific Plan on property generally located west of El Camino Real and bisecting Marron Road in Local Facilities Management Zone 1. The City Planner has determined that the proposed amendments are exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061 (b)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September 19, 2014. If you have any questions, please contact Jason Goff in the Planning Division at (760) 602-4643 or iason.goff@carlsbadca.gov. If you challenge the Specific Plan Amendments in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: SP 09-01 (A)/SP 09-01 (B) CASE NAME: WESTFIELD CARLSBAD PUBLISH: September 12, 2014. CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITEMAP Westfield Carlsbad SP 09-01 (A)/SP 09-01 (B) Aa3AV-OE>-008-I. uio!)VUaAewuwM CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CAUFORNIA DEPT OF FISH AND WILDUFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDUFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 I ®09lS ®AU3AV f Midn-dod pjoqaj 3| jai^AU j sp U!|B aintiaeii ej e Z3i|day ap suas • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIMJOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRia 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY - BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 j ^36p3 dr(-dod 3sodX3 I oiauH fiuoie puaa jaded pssi I igfiSlS ®AaiAV lUBqe6 a| Z3st|j^n I jisied e saipe^ sauanbjii ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITYOF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. 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VISTA WAY78 LLC 1611 S MELROSE DR L VISTA, CA 92081-5407 Etiquettes faciles ii peler Sens de Repliez h la hachure afin de j| Dnn-I InTM 1' THOMAS W & LEE GILLEN 340 HIDDEN LAKE LN VISTA, CA 92084-1734 AML REALTY I LLC 1225 E VISTA WAY VISTA, CA 92084-4039 CITY OF VISTA 200 CIVIC CENTER DR VISTA, CA 92084-6275 DONALD R RADY 3770 HANCOCK ST D SAN DIEGO, CA 92110-4327 M C INVESTMENT PARTNERS LLC 7710 BALBOA AVE 205B SAN DIEGO, CA 92111-2251 2559 EL CAMINO REAL LLC 4435 EASTGATE MALL 300 SAN DIEGO, CA 92121-1980 ROBERT & COLLEEN PESCATORE 11133 CARLOTA ST SAN DIEGO, CA 92129-1211 www.avery.com i.Rnn.r;n.A\/i:RV Easy Peel® Labels Use Avery® Template 5160® ROBERT & KIM PFANKUCH 8833 LA CARTERA ST SAN DIEGO, CA 92129-3310 JOHN T & MYRA FLUTY 68889 RISUENO RD CATHEDRAL CIT, CA 92234-3801 MURILO J & ALICE DE ALMEIDA 8063 LA CROSSE WAY RIVERSIDE, CA 92508-6142 GREAT WESTERN BANK LF VANDERI PO BOX 8700 NEWPORT BEACH, CA 92658-8700 AVALON II CALIFORNIA VALUE i: 4440 VON KARMAN AVE NEWPORT BEACH, CA 92660-2088 ALLEN BAYROOTI 22221 BROOKPINE MISSION VIEJO, CA 92692-1059 CURTIS & ANNE BENSEN 1993 LYNDHURST AVE CAMARILLO, CA 93010-2054 ROCKENBACH 2 670 JUNIPER AVE MORRO BAY, CA 93442-1768 MICHAEL D & DEIRDRE LOZICA 407 VILLAGE DR EL CERRITO, CA 94530-3355 KATHLEEN M EVERETT *M* PO BOX 4351 CAMP CONNELL, CA 95223-4351 Etiquettes faciles h peler Bend along line to > expose Pop-Up Edge™ J| SANDRA L & CHRISTOPHER SWALWI 10363 MESA MADERA DR SAN DIEGO, CA 92131-1364 GEORGE FILIPEK PO BOX 6750 BIG BEAR LAKE, CA 92315-6750 AZALEA INC LF A A E PACIFIC 1 PO BOX 8700 NEWPORT BEACH, CA 92658-8700 VANDERBURG PO BOX 8700 NEWPORT BEACH, CA 92658-8700 THOMAS FAMILY 28 SALT SPRAY DR LAGUNA NIGUEL, CA 92677-5651 BALAJI & GAYATRI RAO 3309 CRESCENT WAY TUSTIN, CA 92782-1917 KAREN M BLUMENSHINE 15 SAINT ANN DR SANTA BARBARA, CA 93109-123? 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EDDY CHU 16305 SE 9TH ST BELLEVUE, WA 98008-4 963 • Sens de Repliez k la hachure afin de j vtfww.avery.com i.finn-r:n.A\/i:RY Easy Peel® Labels Use Avery® Template 5160® Bend along line to ! expose Pop-Up Edge''" J AVERY® 5160® STEPHEN COCHRAN 18245 HIDDEN FALLS AVE EAGLE RIVER, AK 99577-8532 *** 211 Printed *** Etiquettes faciles h peler • Sens de Repliez k ia hachure afin de || www.avery.com 4 onn/=rk At/cDV AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITYCLERK DATE OF PUBLIC HEARING: ^/^^//^ SUBJECT: VJ^^-f^^clcU (^(risha.M~^ LOCATION: /^QQ ^AshdicL \/d(^^ /VcV^ DATE NOTICES MAILED TO PROPERTY OWNERS: H/^/fH- NUMBER MAILED: ^3^f- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE ^(Dat6) (Signature) '{Dat6) SENT TO FOR PUBLICATION VIA E-MAIL TO: uQ^Unlon Tribune Coast News PUBLICATION DATE: Union Tribune ^A^/lH~. Coast News I declare under penalty of peijury under the laws of the State of Califomia that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is tme and correct. Date: Attachments: 1) Mailing Labels 2) Notice w/ attachments PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 12*^ 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 12*, day September, 2014 Jane Allshouse UT NORTH COUNTY Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING INOTICE IS HEREBY GIVEN to you, because your in-Fterest may be affected, that the City Council of the City of Carlsbdd will hotd a public hearing at the Coun-al Chamber, 1200 Carlsbad Village Drive, Carlsbad, 1 California, at 6:00 p.m. on Tuesday, September 23, 2014, to con-sider approval of two Specific Plan Amendments to the West- j field Carlsbad Specific Plan that 1) removes all provisions from the Specific Plan allowing for digital signs; ond 2Komsntfs the Use Classifications: Tabte 4 of the Specific Pldft'to rrtKfude'ds o permitted use Automobile Dealerships for eFecfric cars only and Automobiie Service and Repair.of elecfric aCitomobiies when an-cillary to on existing automobile dealership wfthin the WeStfleld Carisbod Specific Plan on property generally locotedrwi^ of El Cammo Real and bisecting Marron Rood in Local Facilities Management Zone 1 and more particularly described as: Lots 1 to 27, incli<sive, of Corlsbad Troct No. CT 76-18 (Plaza Ca-mino Real Shopping Center) in the City of Corlsbod, County of San Diego, State of California, according to map thereof no. 8956, filed in the Office of the County Recorder of San Diego County, August 11,1978 Whereas, on August 20, 2014 the City of Carlsbad Planning Com-mission voted 7-0 to recommend approval of two Specific Plan Amendments to the Westfield Corlsbad Specific Plan that 1) re-moves oil provisions from the Specific Plan allowing for digital signs; and 2) amends the Use Classifications: Table 4 of the Spe-cific Plan to include as a permitted use Automobile Dealerships for electric cars only and Automobile Service and Repair of electric automobiles when ancillary to an existing automobile dealership within the Westfield Carlsbad Specific Plan on prop-erty generally located west of El Camino Real and bisecting Marron Road in Local Facilities Management Zone 1. The City Planner has determined that the proposed amendments are ex-empt from the provisions of CEQA, pursuant to CEQA Guide-lines Section 1506Kb) (3) (General Rule) and City of Corlsbad Municipal Code Cho pter 19.04.070(A)(l)Cc), general rule exemp-tion where it can be seen with certainty that there is no possibili-ty that the activity in question may have o significant effect on the environment. Those persons wishing to speak on this proposal ore cordially In-vited to attend the public hearing. Copies ofthe agenda bill will be ovailoble on and after September 19, 2014. If you have any questions, piease contact Jason Goff in the Planning Division at (760) 602-4643 or iason.gaff@carlsbadca.gov . If you challenge the Specific Plan Amendments in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in Written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Corlsbod Village Drive, Carlsbad, CA 92008, at or prior to tne public hearing. CASE FILE: SP09-01(A)/SP09-01(B) CASE NAME: WESTFIELDCARLSBAD CITY OF CARLSBAD CITY COUNCII Pub: 9A2/14 I Agenda Item #14 APPROVAL OF AMENDMENTS TO THE WESTFIELD CARLSBAD SPECIFIC PLAN (SP 09-01) REMOVING DIGITAL SIGNS AND AMENDING USE CLASSIFICATIONS September 23, 2014 PLAZA DR MARRO N R D HAYMAR DR SOUTH VISTA W Y MONROE STW IN T E R GREEN DRGROVE AV HOSP WYAVENIDA MAGNIFICA EL CAMINO REAL0 500 1,000250 Feet SP 09-01(A) / SP 09-01(B) Westfield Carlsbad SP 09-01(A) •City initiated amendment to WCSP. •Removes all digital sign provisions. •Requires two text changes. 3 •Westfield initiated amendment to WCSP. •Amends Use Classifications -Table 4. •Allows as a permitted use: -Automobile dealerships (2 max.) for electric cars only at this location; and -Automobile service and repair of electric automobiles as an ancillary use. 4 SP 09-01(B) •Automobile Dealerships (electric cars only) would also be permitted to have: -10 outside parking spaces for display and test driving purposes; and -45 outside parking spaces for inventory at a secured location. 5 SP 09-01(B) Planning Commission Action •On August 20, 2014 –Planning Commission conducted a public hearing for Specific Plan Amendments SP 09-01(A) and SP 09-01(B). •No members of the public spoke. •Planning Commission voted 7-0 to recommend approval of the two amendments. 6 Recommendation That the City Council INTRODUCE Ordinances No. CS-263 and CS-264 APPROVING Specific Plan Amendment No.SP 09-01(A)and Specific Plan Amendment No.SP 09-01(B)as recommended for approval by the Planning Commission.