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WITHDRAWN • OTHER-SEE MINUTES •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.
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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.
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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.
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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
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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
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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.
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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)
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Westfield Carlsbad
SP 09-01 (A)/SP 09-01(8)
EXHIBIT 4
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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)
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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
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IQ Findings:
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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)).
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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III
III
III
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III
_day of _, 2014, and thereafter.
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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
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1..
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)
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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
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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
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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
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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
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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."
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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.
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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
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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.
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^ 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).
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PC RESO NO. 7069 -4-
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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.
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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-
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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
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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.
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_day of _, 2014, and thereafter.
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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
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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)
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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
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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
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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.
SCHOOL OF PUBLIC ADMIN AND URBAN
STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
SD COUNTY PLANNING
STE 110
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SANDAG
STE 800
401 B ST
SAN DIEGO CA 92101
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
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7 65 TAMARACK AVE
CARLSBAD, CA 92008-4139
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HUBERT D & STEPHANIE MAST
1801 RATCLIFF RD
CARLSBAD, CA 92008-1042
MORENO
1810 GUEVARA RD
CARLSBAD, CA 92008-1021
CHAHLES K OLLINGER
1831 GUEVARA RD
CARLSBAD, CA 92008-1021
ELLIOT B BULLER
2382 HOSP WAY 143
CARLSBAD, CA 92008-1233
ANTHONY S & TAMARA BUICH
2382 HOSP WAY 244
CARLSBAD, CA 92008-1233
CHARLES J & MARY CONTRERAS
1812 GUEVARA RD
CARLSBAD, CA 92008-1021
GARY L TIDWELL
2380 HOSP WAY 139
CARLSBAD, CA 92008-1232
KATHRYN E CONROY
2352 HOSP WAY 14 6
CARLSBAD, CA 92008-1239
CARMEN LYON
2350 HOSP WAY 250
CARLSBAD, CA 92008-1228
JOE SMITH
1814 GUEVARA RD
CARLSBAD, CA 92008-1021
CAPINHA
2382 HOSP WAY 142
CARLSBAD, CA 92008-1233
ROBYN A HILL
2380 HOSP WAY 240
CARLSBAD, CA 92008-1232
MARTIN MCNABB
2380 HOSP WAY 338
CARLSBAD, CA 92008-1241
LARRY A EDLEMAN
2380 HOSP WAY 339
CARLSBAD, CA 92008-1241
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2382 HOSP WAY 342
CARLSBAD, CA 92008-1233
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2350 HOSP WAY 350
CARLSBAD, CA 92008-122?
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ABOLFATH MOSALA
2350 HOSP WAY 351
CARLSBAD, CA 92008-1225
JOSEPH M & DONITA MIZER
2340 HOSP WAY 120
CARLSBAD, CA 92008-1225
MONA T HANNA
2340 HOSP WAY 219
CARLSBAD, CA 92008-1225
ANDREW J & CATHERI ALISSANDRJ
2344 HOSP WAY 225
CARLSBAD, CA 92008-1227
ERIC J JONGEWAARD
2344 HOSP WAY 326
CARLSBAD, CA 92008-1238
ROSE K BURR
2360 HOSP WAY 229
CARLSBAD, CA 92008-1230
JILL MOOG
2362 HOSP WAY 234
CARLSBAD, CA 92008-1231
MICHAEL EISENDRATH
2360 HOSP WAY 330
CARLSBAD, CA 92008-1230
ANGELA CHIEN
2362 HOSP WAY 334
CARLSBAD, CA 92008-1240
JOSIP ZIMMERMANN
2330 HOSP WAY 103
CARLSBAD, CA 92008-1221
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KYLE & CHERYL LANDIN
2312 HOSP WAY 153
CARLSBAD, CA 92008-1220
KIMBERLY TRINKLE
234 4 HOSP WAY 125
CARLSBAD, CA 92008-1227
JONATHAN & JENNIFER TELLES
2342 HOSP WAY 221
CARLSBAD, CA 92008-1237
LEILEHUA D JUDD
2340 HOSP WAY 318
CARLSBAD, CA 92008-1225
JOSHUA 0 POTTER
2360 HOSP WAY 130
CARLSBAD, CA 92008-1230
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KRISTI J COURTOIS
2360 HOSP WAY 230
CARLSBAD, CA 92008-1230
VINCE THADANI
2362 HOSP WAY 236
CARLSBAD, CA 92008-1231
DEBORAH K CHRISTENSEN
2360 HOSP WAY 331
CARLSBAD, CA 92008-1230
MUKAI LLC
2939 AUSTIN TER
CARLSBAD, CA 92008-6886
ROBERTO SANCHEZ
2332 HOSP WAY 105
CARLSBAD, CA 92008-1235
LUBNA ELIAS
2312 HOSP WAY 255
CARLSBAD, CA 92008-1220
CRAIG R TURK *M*
2340 HOSP WAY 217
CARLSBAD, CA 92008-1225
EARL L SHELMAN
2342 HOSP WAY 223
CARLSBAD, CA 92008-1237
ELIZA STONE
2340 HOSP WAY 319
CARLSBAD, CA 92008-1225
F TAYLOR
2362 HOSP WAY 133
CARLSBAD, CA 92008-1231
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JOSEPH SPINA
2362 HOSP WAY 233
CARLSBAD, CA 92008-1231
MICHAEL ROBBIN
2360 HOSP WAY 329
CARLSBAD, CA 92008-1230
EDWARD P ANDERT
2360 HOSP WAY 332
CARLSBAD, CA 92008-1230
SPENCER & HEATHER BULLER
2362 HOSP WAY 336
CARLSBAD, CA 92008-1240
LAWRENCE LUEVANO
2332 HOSP WAY 106
CARLSBAD, CA 92008-1235
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GREGORY S BAUMANN
2332 HOSP WAY 107
CARLSBAD, CA 92008-1235
CHERYL Y WENTZELL
2334 HOSP WAY 209
CARLSBAD, CA 92008-1223
CHO
2332 HOSP WAY 207
CARLSBAD, CA 92008-1222
SO MARA
2330 HOSP WAY 301
CARLSBAD, CA 92008-1221
RICHARD BOWMAN
2332 HOSP WAY 307
CARLSBAD, CA 92008-1222
NATALIYA CONKLIN
2334 HOSP WAY 310
CARLSBAD, CA 92008-1236
WANDA L MAGANA
270 PACIFIC AVE
CARLSBAD, CA 92008-2245
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JUSTIN & JANET BURNETTE
390 GRAND AVE
CARLSBAD, CA 92008-2925
OCTAVIO A TAPIA
2334 HOSP WAY 110
CARLSBAD, CA 92008-1223
CLAIRE MARTIN
2330 HOSP WAY 117
CARLSBAD, CA 92008-1221
CHERYL Y WENTZELL
2334 HOSP WAY 209
CARLSBAD, CA 92008-1223
BRET CALHOUN
2330 HOSP WAY 304
CARLSBAD, CA 92008-1221
RYAN J & AMY BROWN
2332 HOSP WAY 308
CARLSBAD, CA 92008-1222
DAN SPENCE
2334 HOSP WAY 311
CARLSBAD, CA 92008-1236
ANN SCOTT
2475 JEFFERSON ST 206
CARLSBAD, CA 92008-1414
STEVEN & MARGARET MACPHERSON
1277 FOREST AVE
CARLSBAD, CA 92008-1008
YOLANDA P BUSTOS
2334 HOSP WAY 111
CARLSBAD, CA 92008-1223
TRAGI A MCNABB
2330 HOSP WAY 204
CARLSBAD, CA 92008-1221
ASGHAR KEMESTARI
2334 HOSP WAY 210
CARLSBAD, CA 92008-1223
PALOMAR
2332 HOSP WAY 306
CARLSBAD, CA 92008-1222
ALEKSANDAR & SNEZANA BUCIFAL
2334 HOSP WAY 309
CARLSBAD, CA 92008-1236
LESLIE S THAMER
4911 REFUGIO AVE
CARLSBAD, CA 92008-3730
CHASM ENTERTAINMENT INC LF P]
2604 EL CAMINO REAL 336
CARLSBAD, CA 92008-1205
AZAM M MIRSHOJAEE
4998 CRESTVIEW DR
CARLSBAD, CA 92008-37 94
YI WENG
5239 COLERIDGE CT
CARLSBAD, CA 92008-4 607
JOHN KREBS
2825 TORRY CT
CARLSBAD, CA 92009-7116
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LANDI CAO
7517 VIEJO CASTILLA WAY
CARLSBAD, CA 92009-7351
GLEN M & AGNES BEANE
2854 RANCHO PANCHO
CARLSBAD, CA 92009-3014
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7324 LAS BRISAS CT
CARLSBAD, CA 92009-7838
NATALIA BLYASHOV
7190 SITIO CABALLERO
CARLSBAD, CA 92009-200E
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PAVLINA SHERMAN
2310 HOP WAY 157
CARLSBAD, CA 92010
HUEBNER
34 61 CORVALLIS ST
CARLSBAD, CA 92010-2187
SHAWN E & JACQUILYN VENSTROM
3038 GLENBROOK ST
CARLSBAD, CA 92010-7025
PAMELA A & DARIN HOFFMAN
6964 QUIET COVE DR
CARLSBAD, CA 92011-3729
CMF PCR LLC
PO BOX 13094 0
CARLSBAD, CA 92013-0940
AHMAD MEHDIKHANI
PO BOX 2566
CARLSBAD, CA 92018-256(
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JUAN & GLORIA DELCASTILLO
410 CRESTCOURT LN
FALLBROOK, CA 92028-1777
JULIE A MONTOYA
2886 CORTO ST
OCEANSIDE, CA 92054-4519
JOHN A & JULIE BALM
3118 THUNDER DR
OCEANSIDE, CA 92056-4362
CHARLES GRANT
2480 SONRISA WAY
OCEANSIDE, CA 92056-3454
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RYAN WILSON
3609 SUMMIT TRAIL CT
CARLSBAD, CA 92010-5568
CHRISTOPHER M & CATHERINE REI
2618 HALF DOME PL
CARLSBAD, CA 92010-7 912
PHAN TONG
1063 LIGHTHOUSE RD
CARLSBAD, CA 92011-3412
JAMES X & SHEILA QIU
6562 PETUNIA PL
CARLSBAD, CA 92011-2515
PLAZA CAMINO REAL
PO BOX 130940
CARLSBAD, CA 92013-0940
LUANNE H EDWARDS
712 BONITA DR
ENCINITAS, CA 92024-3801
MAZIN N & BAHA ABDALLAH
PO BOX 5075
OCEANSIDE, CA 92052-5075
FRED J & PEGGY KELLENBERGER
999 N PACIFIC ST G309
OCEANSIDE, CA 92054-2083
ERIK P & KATHLEEN JOHNSO *M*
4 605 SHERIDAN RD
OCEANSIDE, CA 92056-4943
STEVEN D & DONNA REID
5102 BELLA COLLINA ST
OCEANSIDE, CA 92056-1903
SNYDER
27 4 6 OLYMPIA DR
CARLSBAD, CA 92010-2143
LUKE & FONDA ARCIDIACONO
2774 DUNDEE CT
CARLSBAD, CA 92010-6508
NANCY PHAN
1063 LIGHTHOUSE RD
CARLSBAD, CA 92011-3412
PLAZA CAMINO REAL
PO BOX 130940
CARLSBAD, CA 92013-0940
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CHRISTOPHER D READ-JONES
PO BOX 158
DEL MAR, CA 92014-0158
JANE GRIBBLE
28291 MEADOW GLEN WAY
ESCONDIDO, CA 92026-6812
LAURIE J & ROBERTA COHEN
323 BOOMVANG CT
OCEANSIDE, CA 92054-4054
CESAR G & ERNESTINA TORRES
165 CAREY RD
OCEANSIDE, CA 92054-3604
LAVOIE
1570 BOULDER CREEK RD
OCEANSIDE, CA 92056-2926
ALFRED J FOGLIO
101 CANYON CREEK WAY
OCEANSIDE, CA 92057-7518
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JEFF FINDL
360 ISTHMUS WAY 73
OCEANSIDE, CA 92058-2789
SOLEGGIATO LLC
140 MARINE VIEW AVE 218
SOLANA BEACH, CA 92075-2123
TIMOTHY & MARGARET CARROLL
PO BOX 2552
SAN MARCOS, CA 9207 9-2552
V R PRIME HOLDINGS INC
1351 DISTRIBUTION WAY E
VISTA, CA 92081-8832
AML REALTY I LIMITED LIABII
1225 E VISTA WAY
VISTA, CA 92084-4039
ZAKI A ZANAID
2071 CATALINA AVE
VISTA, CA 92084-4803
VAKILIAN
2615 FOOTHILL DR
VISTA, CA 92084-6504
ROBERT S HORBY
1969 TITUS ST
SAN DIEGO, CA 92110-2147
VIRGIL MAGISTRALE
544 4 SAN MATEO DR
SAN DIEGO, CA 92114-5334
I OLGA TENTLER
11420 LUZ RD
SAN DIEGO, CA 92127-1232
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MICHAEL C & KATHLEEN KLEIN
2095 POPLAR RD 104
OCEANSIDE, CA 92058-2378
PLAZA CAMINO REAL
1145 SAN MARINO DR
SAN MARCOS, CA 92078-4 634
NATHALIE K CALLAHAN *M*
614 SUNSET DR
VISTA, CA 92081-6822
RAYMOND S & DEBORAH REIFEL
829 ANNS WAY
VISTA, CA 92083-4716
GIANCARLO VALERIC
1225 E VISTA WAY
VISTA, CA 92084-4039
PRABHAKARA K & SUSHEELA MURTI
1247 VIA CHRISTINA
VISTA, CA 92084-4725
PEV
18133 PACIFICA RANCH DR
RANCHO SANTA , CA 92091-0217
M C INVESTMENT PARTNERS LLC
7710 BALBOA AVE 206B
SAN DIEGO, CA 92111-2261
ASTROM ANDERS
5758 ABERNATHY WAY
SAN DIEGO, CA 92117-4043
BORIS A & YELENA ASNIS
18741 CAMINITO PASADERO 94
SAN DIEGO, CA 92128-6140
i
CRMAD PROPERTIES LLC
PO BOX 5010
RANCHO SANTA , CA 92067-5010
MICHAEL & KRISTINE FRUTH
144 6 DOLPHIN CT
SAN MARCOS, CA 92078-103?
VISTA WAY78 LLC
1611 S MELROSE DR L
VISTA, CA 92081-5407
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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
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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
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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?
ALI FARGHALY
68 6 OAK ST
MONTEREY, CA 93940-1323
ROBERT R BRIGGS
1299 RUDGEAR RD
WALNUT CREEK, CA 94596-6342
JEFF BRATTIN
3081 PATY DR A
HONOLULU, HI 96822-1448
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PO BOX 152405
SAN DIEGO, CA 92195-2405
MARK H & BRENDA LEHMAN
28325 CARRIAGE HILL DR
HIGHLAND, CA 92346-2716
VONS COMPANIES INC LF A A E I
PO BOX 8700
NEWPORT BEACH, CA 92658-8700
HENRYS HOLDINGS L L C LF VANI
PO BOX 8700
NEWPORT BEACH, CA 92658-8700
SANNA S HAO
23292 LA MAR 127A
MISSION VIEJO, CA 92691-7838
SALAM R & YOLLA RIZK
1530 SAN PONTE RD
CORONA, CA 92882-7959
A A E PAC PARK ASSCS LLC
PO BOX 1392
BAKERSFIELD, CA 93302-1392
USIN I & VICTORINA PISINGT^N
1607 LEXINGTON AVE
SAN MATEO, CA 94402-3835
NOEL & JUDY SUZUKI
1328 PRIMROSE WAY
CUPERTINO, CA 95014-522?
EDDY CHU
16305 SE 9TH ST
BELLEVUE, WA 98008-4 963
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18245 HIDDEN FALLS AVE
EAGLE RIVER, AK 99577-8532
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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.