HomeMy WebLinkAboutSDP 01-04A; La Costa Town Square; Site Development Plan (SDP)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: August 7, 2013
ItemNo. 8
Application complete date: April S, 2013
Project Planner: Van Lynch
Project Engineer: Tecla Levy
SUBJECT: SDP 01-04(A)-LA COSTA TO\JVN SQUARE-Request for approval of a Site
Development Plan Amendment (SOP 01-04(A)) to allow for the provision of
common padcing facilities in lieu of individual use parking requirements and
approve an 8.3 percent parking reduction within the La Costa Town Square
shopping center generally located on the northeasterly comer of La Costa A venue
and Rancho Santa Fe Road in Neighborhood 13A of the La Costa Master Plan and
in Local Facilities Management Zone 11.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6995
APPROVING Site Development Plan Amendment SDP 01-04(A) based on the findings and
subject to the conditions contained therein.
II. INTRODUCTION
The applicant, Property Development Centers, is requesting that the Planning Commission
approve an amendment to Site Development Plan SDP 01-04 to allow for the provision of
common parking facilities in lieu of individual use parking requirements and approve an 8
percent padcing reduction within the La Costa Town Square shopping center. The proposed
parking reduction will allow for the creation of 24,329 square feet of outdoor dining area within
the center. Allowing for the provision of connnon parking facilities of up to 15 percent of the
required parking [Section 21.44.090(B)] is based upon the fmdings that there are multiple uses
within the scope of the La Costa Town Square shopping center that will have cotmnon customers
and that common parking facilities in lieu of individual parking requirements are adequate to
meet the parking demand. In addition, the location and site design of the La Costa Town Square
shopping center was approved to serve the neighboring residential neighborhoods and to
encourage nearby residents to walk to the center consistent with the General Plan Land Use
Element. Furthennore, the designated comtyards and plazas are an integral part of the La Costa
Town Square shopping center and are necessary for its success as a pedestrian destination and as
such will require fewer parking spaces.
Staff recommends the Planning Commission allow for the prov1s10n of common parking
facilities and approve an 8.3 percent parking reduction within the La. Costa Town Square
shopping center.
SDP 01-04(A) – LA COSTA TOWN SQUARE
August 7, 2013
Page 2
III. PROJECT DESCRIPTION AND BACKGROUND
The La Costa Master Plan identifies that the retail commercial center in Neighborhood 13A as
the community core of the overall La Costa Master Plan and provides needed commercial
services to the residential populations in La Costa. The City Council approved the 284,400 square foot La Costa Town Square shopping center in September 2009 and it is presently under construction. The center’s commercial retail space is distributed among 24 buildings/retail lease
areas. Access to the center is provided at two locations off of Rancho Santa Fe Road and at a
single location off of La Costa Avenue. The central portion of the center is designed after the
“main street” concept which introduces shops along streets with on-street parking. The “main street” divides a large central field of parking provided for the shopping center. The center has a major grocery store (Vons), three to four other major-mini retailers as anchors, and numerous
retail inline tenants and individual retail pads. Pedestrian activity is encouraged by the use of
wide storefront sidewalks, interconnecting pedestrian paths, a primary plaza at the main street
intersections of Via Campanile and Via Montebello, and smaller pedestrian courtyards and plazas located adjacent to and between smaller shops. The sidewalks along the storefronts vary in width from 10 feet to 20 feet, which is more than twice the width of a typical sidewalk, and
are integral to the design of the center. These pedestrian areas are intended to encourage their
use as outdoor public spaces.
The originally approved Site Development Plan had 55 surplus parking spaces that covered up to 11,000 square feet of outdoor dining area. It was intended that each tenant in the center that
provided an outdoor area for dining would apply for an Incidental Outdoor Dining Area Permit
(IODA) and supplement what may be permitted by an IODA with some portion of the “extra”
11,000 square feet. However, due to site plan changes that were necessary to accommodate tenants and Low Impact Design (LID) and Hydromodification standards, there are no longer any surplus spaces. Elimination of these parking spaces requires a different approach to the
provision of parking for the common outdoor courtyards and plazas. The total building area is
now 267,426 square feet, which represents a 16,974 square foot reduction in size from the
original approval. The potential outdoor dining area requiring common parking is 24,329 square feet. A discretionary action by the Planning Commission is necessary to allow for the provision of common parking facilities in lieu of individual use parking requirements and approve an 8.3
percent parking reduction (or 122 spaces of the 1,338 spaces required).
IV. ANALYSIS Common parking facilities may be provided in lieu of the individual requirements pursuant to
Section 21.44.090 of the Carlsbad Municipal Code (Parking Ordinance), but such facilities shall
be approved by the Planning Commission as to size, shape and relationship to business sites to
be served, provided the total of such off-street parking spaces, when used together, shall not be
less than the sum of the various uses computed separately. When the common parking facility occupies a site that is greater than five thousand square feet, then the parking requirements as
specified in the Parking Ordinance for each of two or more participating buildings or uses may
be reduced not more than fifteen (15) percent upon approval of development plans by the
Planning Commission.
The request to allow for the provision of common parking facilities is supported in that the
location and site design of the La Costa Town Square shopping center was approved to serve the
SDP 01-04(A) – LA COSTA TOWN SQUARE
August 7, 2013
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neighboring residential neighborhoods and to encourage nearby residents to walk to the center consistent with the General Plan Land Use Element. The designated courtyards and plazas are
an integral part of the La Costa Town Square shopping center and are necessary for its success as
a pedestrian destination. There are multiple uses within the scope of the La Costa Town Square
shopping center that will have common customers and therefore use common parking facilities. Approval of the Site Development Plan Amendment will allow tables and chairs to be located in common courtyards and plazas (totaling 24,329 sq. ft.), thereby strengthening the intent of
creating a pedestrian focused environment.
The application of the common parking facilities provision of the Parking Ordinance and
allowing an 8.3 percent parking reduction in required parking on the site will not create an increase in traffic generation since the outdoor courtyards and plazas will be predominantly used by existing onsite customers or pedestrians. Because of the crossover use by customers,
approval of the request will not have a greater impact on the surrounding street system than what
was previously analyzed in the La Costa Town Square certified Environmental Impact Report
(EIR 01-02). Pursuant to the Parking Ordinance, parking onsite is required at a ratio of one space per every
200 square feet of gross floor area and using the individual use parking requirements. The
project includes 267,426 square feet of retail gross floor area plus an additional 24,329 square
feet of outdoor plaza area counted towards retail uses and therefore is required to provide 1,458 parking spaces (267,426 sq. ft. + 24,329 sq. ft. = 291,755 sq. ft./ 1 parking space /200 sq. ft. = 1,458 parking spaces). The site is designed to provide 1,342 parking spaces. Table 1 below
provides a breakdown of building areas and their related parking requirements.
TABLE 1
Parking Compliance
Building/Use Sq.Ft. Standard Required Provided
1 Restaurant 6,100 1 space per 200 Sq.Ft. 30.5 30.5
2 Restaurant 6,100 1 space per 200 Sq.Ft. 30.5 30.5
3 Financial 4,000 1 space per 200 Sq.Ft. 20.0 20.0
4 Financial 4,500 1 space per 200 Sq.Ft. 22.5 22.5
5 Drug Store 14,820 1 space per 200 Sq.Ft. 74.1 74.1
6 Retail Shops 6,000 1 space per 200 Sq.Ft. 30.0 30.0
7 Retail Shops 7,500 1 space per 200 Sq.Ft. 37.5 37.5
8 Retail Shops 6,000 1 space per 200 Sq.Ft. 30.0 30.0
9 Retail Shops 7,500 1 space per 200 Sq.Ft. 37.5 37.5
10 Financial 3,858 1 space per 200 Sq.Ft. 19.3 19.3
11 Financial 4,500 1 space per 200 Sq.Ft. 22.5 22.5
12 Gas station/Mini Mart/
Carwash
3,500 1 space per 200 Sq.Ft. 17.5 17.5
13 Retail Shops 7,000 1 space per 200 Sq.Ft. 35.0 35.0
14 Grocery 56,724 1 space per 200 Sq.Ft. 283.6 283.6
15 Retail Store 21,500 1 space per 200 Sq.Ft. 62.5 62.5
16 Retail Shops 9,230 1 space per 200 Sq.Ft. 46.2 46.2
SDP 01-04(A) – LA COSTA TOWN SQUARE
August 7, 2013
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TABLE 1 – CONTINUED
Parking Compliance
Building/Use Sq.Ft. Standard Required Provided
17 Retail Shops 4,890 1 space per 200 Sq.Ft. 24.5 24.5
18 Retail Store 12,000 1 space per 200 Sq.Ft. 62.5 62.5
19 Open Space
20 Retail Store 32,000 1 space per 200 Sq.Ft. 160.0 160.0
21 Retail Shops 3,500 1 space per 200 Sq.Ft. 17.5 17.5
22 Retail Shops 6,000 1 space per 200 Sq.Ft. 30.0 30.0
23 Retail Shops 9,182 1 space per 200 Sq.Ft. 45.9 45.9
24 Common Lot
25 Fitness Club 40,022 1 space per 200 Sq.Ft. 200.1 200.1
Totals 267,426 1 space per 200 Sq.Ft. 1,339.7 1,342
Surplus Parking 0 2
Site Parking 1,340 1,342
Outdoor dining 24,329 1 space per 200 Sq.Ft. 122 0
Total Site Parking Required 1 space per 200 Sq.Ft. 1,462 1,342
Parking spaces for Common
Facilities
8.3 percent of total
required shared for
common facilities
<120>
1,342
The 1,342 parking spaces provided onsite satisfies the parking requirement for all of the
proposed building square footage. The original project approval included 23,797 square feet of common courtyards and plazas that had 55 parking spaces available. If “parked” individually (1
space per 200 square feet of gross floor area) the outdoor plazas and courtyards require an
additional 122 parking spaces. Section 21 44.090(B) allows the Planning Commission to
approve up to a 15% reduction in parking for common parking facilities including adjacent retail
uses that share customers.
The proposed 120 onsite space parking reduction (8.3 percent of the total requirement) is based
upon the finding that customers will be shopping at multiple tenants of the La Costa Town
Square during a single visit. Approval of the request will allow for each of the designated
common public courtyards and plazas to be furnished with tables and chairs for use by the general public and restaurant patrons. A secondary result is that individual Incidental Outdoor
Dining Area permits will not be required for the use of the designated 24,329 square feet of
courtyards, plazas and walkways.
Approval of the Site Development Plan Amendment strengthens the intent of creating a pedestrian focused environment. The Site Development Plan Amendment will not have a physical effect on the property or improvements since it will not result in the need to physically
alter any of the existing or future improvements. The La Costa Town Square shopping center
will also attract walking patrons since it is close to residential areas. Because there are a variety
of retail opportunities, the expectation is that a reasonable percentage, possibly up to 15% of the customers, will patronize more than one shop or restaurant during a single visit.
SDP 01-04(A) – LA COSTA TOWN SQUARE
August 7, 2013
Page 5
Staff therefore is recommending that the Planning Commission approve the Site Development Plan Amendment to allow for the provision of common parking facilities in lieu of individual use
parking requirements and approve an 8.3 percent parking reduction within the La Costa Town
Square shopping center.
Growth Management
Project compliance with the Growth Management Ordinance insures that public improvements
and services will be available concurrent with development. The project is a request to reduce
the number of required parking spaces onsite and will not alter any of the factors that affect the La Costa Town Square shopping center’s obligation to provide its fair share of public infrastructure and services.
V. ENVIRONMENTAL REVIEW
Pursuant to Section 15061 of the CEQA Guidelines, the activity is covered by the General Rule that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. 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 activity is not subject to CEQA.
The approval of a Site Development Plan Amendment (SDP 01-04(A)) to allow for the provision of common parking facilities in lieu of individual use parking requirements that approves an 8.3 percent parking reduction within the La Costa Town Square shopping center will not cause a
significant effect on the environment.
ATTACHMENTS: 1. Planning Commission Resolution No. 6995 (SDP 01-04(A))
2. Planning Commission Resolution No. 6588 (SDP 01-04)
3. City Council Resolution No. 2009-232
4. Location Map 5. Background Data Sheet 6. Disclosure Statement
7. Reduced Exhibit “A”
8. Full Size Exhibit “A” dated August 7, 2013
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PLANNING COMMISSION RESOLUTION NO. 6588
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 01-04 TO
CONSTRUCT A LOCAL SHOPPING CENTER PROJECT OF
284,400 SQUARE FEET ON PROPERTY GENERALLY
LOCATED NORTHERLY AND EASTERLY OF THE LA
COSTA A VENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST. QUADRANT OF THE
CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
COMMERCIAL
CASE NO.: SDP 01-04
WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
verified application with the City of Carlsbad regarding property described as
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits "A"-"LL'' for CT 01-09 dated July 1, 2009, on file in the Planning
Department, LA COSTA TOWN SQUARE COMMERCIAL-SDP 01-04 as provided by
Chapter 21.06/Section 21.53.120 ofthe Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
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 Site Development Plan.
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.
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B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of LA COSTA TOWN
SQUARE COMMERCIAL-SDP 01-04 based on the following findings and
subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project site can accommodate the proposed development
while complying with all setback, lot coverage, parking, and height development
standards, and public facilities requirements specified in the La Costa Master Plan,
LFMP Zone 11 and C.M.C. Title 21, except for monument signs, and that the
project is consistent with and implements the Local Shopping Center General Plan
Land Use designation and the La Costa Master Plan which identifies the site as a
Local Commercial shopping center site. The proposed commercial use is compatible
with the proposed adjacent office and existing commercial development and
adjacent existing and proposed residential uses as adequate separation in the form
of open space and a Circulation Element roadway are provided.
That the site for the intended use is adequate in size and shape to accommodate the use,
in that the project site can accommodate the proposed commercial development
while complying with all setback, lot coverage, parking, and height development
standards, except for the additional monument sign request.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project has been designed in accordance with all
development and design standards of the La Costa Master Plan and Title 21;
therefore, the project is compatible with existing permitted and future uses.
Further, the proposed commercial project will be setback from La Costa Avenue
and Rancho Santa Fe Road a minimum of 50 feet and adequate circulation, access
aisles, parking spaces, and landscaping will be provided and maintained. The
project has requested structures over 45 feet in height and has provided the
increased landscaped setbacks to allow buildings up to 55 feet in height.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the surrounding public streets will be improved
to their full-width improvements, including curbs, gutters, and sidewalks; and that
the analysis included in the EIR 01-02 for the La Costa Town Square project
demonstrates that the proposed streets will be adequate to accommodate the traffic
generated by this project.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
6. 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
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to 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
I.
2.
3.
4.
5.
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 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 of this Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of final map recordation.
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.
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 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 Site Development Plan,
(b) City's approval or 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 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 if the City's
approval is not validated.
6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
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Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
body.
Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, and HDP 01-05 and is
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
6579, 6580, 6581, 6585, and 6586 for those other approvals incorporated herein by
reference.
This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of final map recordation of CT 01-09.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay· any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Site
Development Plan by Resolution No. 6588 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
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Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
Developer shall construct, install, and stripe the requisite number of parking stalls for
each phase and not less than 1,422 parking spaces at project buildout.
The buildings shall be designed and built to accommodate solar energy by installing
conduits, providing space for roof mounted photo voltaic panels and space in
equipment rooms for power converters.
Prior to the issuance of any commercial building permits, the Developer shall
consult with the City of Carlsbad Library Director to determine the feasibility for a
library drop box to be located on the Commercial site. If determined to be feasible,
the Developer shall install a library drop box of a design to the satisfaction of the
Library Director and at a location to the satisfaction of the Planning Director and
City Engineer. The Developer shall install the drop box prior to the occupancy of
any commercial building.
Prior to Building permit issuance, the Developer shall show on the building plans
architecturally integrated roof top screens to conceal mechanical equipment and the
roof tops of buildings from offsite residential views to the satisfaction of the
Directors of Community Development and Planning. The roof top screens shall be
installed on each building requiring such screening prior to the occupancy of the
commercial building.
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Code Reminders:
25.
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Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 ofthe Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest disabled access requirements pursuant to Title 24
of the California Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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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. If
you 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 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.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT 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 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
ABSTAIN: Commissioner Dominguez
ATTEST:
~/t
DONNEU
Planning Director
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RESOLUTION NO. _ 2009-232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT 01-02, ADOPTING THE CANDIDATE FINDINGS
OF FACT, THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING A GENERAL PLAN
AMENDMENT (GPA 01-02) TO AMEND THE .LAND USE AND
OPEN SPACE AND CONSERVATION ELEMENTS OF THE
GENERAL PLAN, A LOCAL FACILITIES MANAGEMENT PLAN
AMENDMENT 87-11(C), CARLSBAD TRACT MAP 01-09,
CARLSBAD TRACT MAP 08-03, CARLSBAD TRACT MAP 08-07,
CONDOMINIUM PERMIT 01-03, NON-RESIDENTIAL PLANNED
DEVELOPMENT PERMIT 08-09, HILLSIDE DEVELOPMENT
PERMIT 01-05, SITE DEVELOPMENT PLAN 01-04, VARIANCE
08-02, CONDITIONAL USE PERMIT 04-18, CONDITIONAL USE
PERMIT 08-01, CONDITIONAL USE PERMIT 08-02,
CONDITIONAL USE PERMIT 08-03, CONDITIONAL USE PERMIT
08-04, CONDITIONAL USE PERMIT 08-05, CONDITIONAL USE
PERMIT 08-06, AND CONDITIONAL USE PERMIT 08-07 FOR
THE LA COSTA TOWN SQUARE PROJECT GENERALLY
LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA
AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN
THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: EIR 01-02/GPA 01-02/LFMP 87-11(C)/CT 01-
09/CT 08-03/CT 08-07/CP 01-03/PUD 08-
09/HDP 01-05/SDP 01-04N 08-02/CUP 04-
18/CUP 08-01/CUP 08-02/CUP 08-
03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07
The City Council of the City of Carlsbad, California does hereby resolve as follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on July 1, 2009 and July 15, 2009, hold duly noticed public hearings as
prescribed by law to consider a proposed Environmental Impact Report EIR 01-02,
General Plan Amendment 01-02, Local Facilities Management Plan Amendment 87-
11 (C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07,
Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside
Development Permit 01-05, Site Development Plan 01-04, Variance 08-02, Conditional
Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02,
Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-
05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07; and adopted
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Planning Commission Resolutions Number 6577, 6578, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597
recommending approval of EIR 01-02, GPA 01-02, LFMP 87-11(C), CT 01-09, CT 08-03,
CT 08-07, CP 01-03, PUO 08-09, HOP 01-05, SOP 01-04, V 08-02, CUP 04-18, CUP 08-
01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07
respectively; and
WHEREAS, the City Council of the City of Carlsbad, did hold duly noticed public
hearings on August 11, 2009 and August 18, 2009, and heard and received the staff
report including those set forth on the Errata sheet dated August 11, 2009 from Senior
Planner Van Lynch to the City Council, the testimony of the applicant and all persons
interested or opposed to the EIR 01-02, GPA 01-02, LFMP 87-11 (C), CT 01-09, CT 08-03,
CT 08-07, CP 01-03, PUO 08-09, HOP 01-05, SOP 01-04, V 08-02, CUP 04-18, CUP 08-
01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07 and
carefully considered in its deliberations all such testimony, evidence, arguments and
documents; and
WHEREAS, an Environmental Impact Report was prepared and submitted to the
State Clearing House and a Notice of Completion filed, published, and mailed to
responsible agencies and interested parties providing a 45 day review period. All
comments received from that review period are contained in the Final program EIR as well
as the response to comments; and
WHEREAS, the Planning Commission and the City Council considered a range of
land use designations for this parcel including making no changes or making changes
ranging from residential low (RL) to residential high (RH); and
WHEREAS, the designation of RM by the City Council is not a substantial change
from the General Plan land use designation recommended by the Planning Commission;
and
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WHEREAS, it is not necessary to remand this matter back to the Planning
Commission because those designations had been previously reviewed and considered
by the Planning Commission and there were no substantial changes as determined by the
City Council; and
WHEREAS, after careful consideration the City Council determined to designate
that portion of the property recommended as RH and bounded by the abandoned Rancho
Santa Fe Road to the west, the existing residential development designated RLM to the
east, the existing Rancho Santa Fe Road to the south as residential medium (RM); and
WHEREAS, the developer submitted a refined project analysis in its letter of
August 13, 2009; and
WHEREAS, the refined project will not have any adverse environmental impacts
not previously considered in the proposed environmental impact report as more fully
explained in the memorandum of August 13, 2009 to Ronald R. Ball, City Attorney and as
made part of the record; and
WHEREAS; this Resolution supersedes Resolution No. 2009-213 adopted by the
City Council on August 18, 2009.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Environmental Impact Report (EIR 01-02) for the La Costa Town
Square project is certified and that the Candidate Findings of Fact, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program are
adopted and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolution Number 6577, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3. That the recommendation of the Planning Commission, except as modified
herein, for the approval of the General Plan Amendment 01-02, Local Facilities
Management Plan Amendment 87-11 (C), Carlsbad Tract 01-09, Carlsbad Tract Map 08-
03, Carlsbad Tract 08-07, Condominium Permit 01-03, Non-Residential Planned
Development Permit 01-04, Hillside Development Permit 01-05, Site Development Plan
01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01,
Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-
04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use
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Permit 08-07 is approved and that the findings and conditions of the Planning Commission
contained in Planning Commission Resolutions No. 6578, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 on file with
the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council with the addition of the following condition:
To the extent permitted by all applicable laws, Owner shall include in its CC&Rs a
prohibition on entering into a lease with any tenant which requires more than
100,000 square feet, allocates more than 10% of the floor space to non-taxable
items or offers more than 30,000 separate stock-keeping units or such other lesser
amount as determined by the City Council as typically offered by big box retailers;
and (b) prior to the execution of any such lease described above, the matter shall
be returned to the City Council for consideration of an amendment of this
condition.
4. That the project site by itself will provide the normal services to meet the
everyday needs of the local neighborhood in keeping with the intent and purpose of the
Local Shopping Center Zone (C-L) and the Local Shopping Center General Plan Land
Use designation. The range of goods shall not include a big-box component as
conditioned in Ordinance No. CS-051.
5. That the alignment and grading for Rancho Santa Fe Road, a Circulation
Element roadway, was an environmentally preferred location pursuant to EIR 91-01
certified on June 2, 1992, that impacts the project site as identified in HOP 01-05.
6. That the staff is directed to amend all appropriate documents and maps to
make them consistent with the Council's intent in approving the General Plan Amendment
and underlying rezoning.
7. This action is final the date this resolution is adopted by the City Council.
17 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought
is governed by Code of Civil Procedure, Section 1094.6, which has
been made applicable in the City of Carlsbad by Carlsbad Municipal
Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the nineteenth
day following the date on which this decision becomes final;
however, if within ten days after the decision becomes final a
request for the record of the deposit in an amount sufficient to cover
the estimated cost or preparation of such record, the time within
which such petition may be filed in court is extended to not later
than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record,
if he has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, CA 92008."
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 15th day of September, 2009, by the following vote to wit:
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AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn
NOES: None.
ABSENT: None.
ATTEST:
LEVAN
T
E
S
T
SITIO L
I
M
A
CAMINITO SIER R A
C O R T E PROMENAD E
ESFERA ST
LA COSTA AVCUESTA PLPASEO LUPINOCAMINO PINTADO
AGUA DULCE CT
VIA
CAMPAN
ILE
SITIO BAYAVIA MON
T
E
B
E
L
L
O
R A N C H O S A N T A F E R D
VIA IRISDORADO PLC O R T E B R E Z O
CAL LE TIMITEOV I A M E R C ATO
CORTE MARINCALLE PERACALLE CANCU NASITIO S A N DIA
CA LLE ANDARCAMI
NO DE LOS COCHESSDP 01-04(A)
La Costa Town Square
SITE MAP
SITE
E
L C
AMINO
R
E
ALLA COSTA AV
ALGA RDCARLSBAD BL
Revised 01/06
BACKGROUND DATA SHEET
CASE NO: SDP 01-04(A)
CASE NAME: La Costa Town Square
APPLICANT: Project Development Centers
REQUEST AND LOCATION: Request for approval of a Site Development Plan Amendment
(SDP 01-04(A)) to allow for the provision of common parking facilities in lieu of individual use
parking requirements and approve an 8.8% parking reduction within the La Costa Town Square
shopping center generally located on the northeasterly corner of La Costa Avenue and Rancho Santa Fe Road in Neighborhood 13A of the La Costa Master Plan and in Local Facilities Management Zone 11.
LEGAL DESCRIPTION: Parcel 4 of Carlsbad Minor Subdivision 04-08, in the City of
Carlsbad, County of San Diego, State of California, according to map thereof no. 20982, filed in
the Office of the County Recorder of San Diego, July 11, 2012 as file number 2012-0402964.
APN: 223-050-72-00 Acres: 41.54 Proposed No. of Lots/Units: 17 buildings
GENERAL PLAN AND ZONING
Existing Land Use Designation: Local Shopping Center (L)
Proposed Land Use Designation: Same
Density Allowed: n/a Density Proposed: n/a
Existing Zone: Planned Community (PC) Local Shopping Center (C-L) Proposed Zone: same
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site PC/C-L L Vacant/Under construction
North PC RMH Vacant
South PC O Vacant
East PC RLM Single Family Residential
West PC L Shopping center
LOCAL COASTAL PROGRAM
Coastal Zone: Yes No Local Coastal Program Segment:
Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No
Local Coastal Program Amendment: Yes No
Existing LCP Land Use Designation: Proposed LCP Land Use Designation: Existing LCP Zone: Proposed LCP Zone:
Revised 01/06
PUBLIC FACILITIES
School District: San Dieguito/Encinitas Water District: Olivenhain
Sewer District: Leucadia Wastewater
Equivalent Dwelling Units (Sewer Capacity): n/a
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption,
Negative Declaration, issued
Certified Environmental Impact Report, dated
Other, CEQA Section 15061 General Rule Exemption
\(~~
~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
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.
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 acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
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 corooratlon 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 publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person / CyFptPart f~y /¥fltZCJJI'I!«f.uT Clf'.<#E'rti,t_ t. c.-
Title / Title. ___________ _
Address / Address '51/({ s-totveAl'!KiC 1)'?//U. {20
' f?UA-S'4tJTOIU, c,tJ.. q4-.lJif8
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 corooratjon 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 publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person / C_9£PIPart fRDf't!ll.TY 0Cf/J£w8'.,f!,JT 0~ .ur.t·.e.r, L Lc
Title __ ___,L/ ______ _
Address__,/'----------/
Title _____________ _
Addmss:J'i'/1? <;'7DN.£1<;1)<;t£ t"t4LL /20
fit£1['/fA.Jrvf\J, C4, . tjtj_f',f'J'
Page 1 of 2 Revised 07/10
X
// 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~ person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non ProfiUTrust Non ProfiUTrust _________ _
Title, __________ _ Title ____________ _
Address, _________ _ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees andfor Council within the past twelve (12)
months?
0 Yes [2{1 No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
Sig ~u e of ownerfdate
.J1 H K e.u.h:.R...
Print or type name of owner Print or type name of applicant
(2~~/2../ c: L .4£:>~.p/ 4 · /?2er. L 4Ptvlt; /.J..eS/t;<U Gf2ov~ 1 /Uc.
Print or type name of ownerfapplicant's agent
P-1(A) Page2 of2 Revised 07/10
)
/
/
' ~
/
/
/
LEGEND ----------------------------------------------------------------------------------------------
BUILDING NUMBERS
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