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HomeMy WebLinkAboutLCPA 98-10; Museum of Making Music; Local Coastal Program Amendment (LCPA) (6)/- 4 City of Carlsbad September 7, 1999 California Coastal Commission San Diego Coast District 31 11 Camino Del Rio North, Suite 200 San Diego, CA 92108 APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT 1. II. * 111. IV. V. JURISDICTION CITY OF CARLSBAD - LCPA 98-10 - NAMM MUSEUM OF MAKING MUSIC SEGMENT? Mello II TYPE OF AMENDMENT SUBMITTAL (check) A) LUP 0 B) ZONING w C) LCP (Land Use & Zoning) 0 LCP STATUS Y/N, DATE A) LUP CERTIFIED Y 1981 B) ZONING CERTIFIED Y 1996 C) ZONING OF COMM. ACTION ON N N/A D) PRIOR COMMISSION ACTl0.N ON THIS N N/A SUGGESTED M 0 D I F I CAT1 0 N S SUBMITTAL? SUMMARY OF AMENDMENT PROPOSAL An amendment to the Carlsbad Ranch Specific Plan which serves as partial im- plementation for the Mello II Segment in this area to permit the existing 6,500 square foot National Association of Music Merchants (NAMM) museum to be open to the general public with incidental retail sales related to the museum lim- ited to 325 square feet which is 5 percent of the floor area of the museum. A text change to the Carlsbad Ranch Specific Plan is proposed as described in the at- tached documents. COMMISSION OFFICE USE ONLY: AMENDMENT ## DATE RECEIVED DATE FILED COMM. HEARING AGENDA COMMISSION ACTION: A: ,AWM I D- , Date _____ 2075 Las Palrnas Dr. - Carlsbad. CA 92009-1576 - (760) 438-1 161 - FAX (760) 438-0894 @ VI. PROJECT PLANNER For information regarding this application, please contact Don Neu, Senior Plan- ner at (760) 438-1 161, ext. 4446. LCPA SUBMITTAL REQUIREMENTS -- CHECKLIST 1. Council Resolution - signed and dated indi- cating City intends to administer LCP consis- tent with the Coastal Act and indicating date LCPA will take effect. NOTE: All amendments take effect immedi- ately upon Coastal Commission ap- proval unless otherwise stated. 2. A reproducible copy of Council adopted LCPA If new text indicates where it fits into certi- fied text. c] If revised text clearly indicates using strikeouts and/or underlines showing modifications. 0 If map change;submit replacement map. . 3. 4. 5. 6. 7. 8. 9. A discussion of amendments relationship to and effect on other sections of the previously certified LCP. Zoning measures that will implement the LCPA. X (See attachment) Affect on public access (only for area between first public road and the Coast). An analysis of potentially significant adverse cumulative impacts on coastal resources. Copies of environmental review documents. X (Cow enclosed) X (COW enclosed) X (See attachment) X (See attachment) X (See attachment) X (CODV enclosed) Summary of measures to ensure both public and agency participation. List of public hearing dates w Notice of interested parties w Mailing list 0 Comments 0 Responses to comments X (See attachment 2% enclosed copies) All staff reports plus attachments. X (COW enclosed) 3. AMENDMENTS RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE PREVIOUSLY CERTIFIED LCP The proposed LCP amendment involves changing the list of permitted uses as they apply to a single lot within the Carlsbad Ranch Specific Plan and the Mello II Segment of the Local Coastal Program. The property affected by the amend- ment is developed and contains no coastal resources. The amendment will have no effect on other sections of the previously certified LCP. 4. ZONING MEASURES THAT WILL IMPLEMENT THE LCPA The proposed LCPA involves amending the list of permitted uses for a planning area within the Carlsbad Ranch Specific Plan which serves as partial implemen- tation for the Mello I1 Segment. The amendment is therefore a zoning measure that provides for implementation. 5. AFFECT ON PUBLIC ACCESS The NAMM site is located approximately 0.8 miles from the Pacific Ocean, therefore no shoreline access provisions apply. 6. ANALYSIS OF POTENTIALLY SIGNIFICANT ADVERSE CUMULATIVE IM- PACTS ON COASTAL RESOURCES The NAMM Headquarters Project is existing on the property and includes the museum use. The proposed amendment would allow for the museum to be open to the general public. Based on a trip generation study it has been shown that the museum will generate fewer vehicle trips than an equivalent area of of- fice space and as a result will not impact access to the coast. The amendment applies only to this lot because of the unique nature of the use. Therefore, the proposed LCPA will have no significant adverse cumulative impacts on coastal resources. 8. SUMMARY OF MEASURES TO ENSURE BOTH PUBLIC AND AGENCY PAR- TICIPATION The Local Coastal Program Amendment was duly noticed for the required six week review period, from January 28, 1999 to March 11, 1999, and no com- ments were received. The proposed amendment was also reviewed through duly noticed public hearings before the Planning Commission and City Council: PUBLIC HEARING DATES: PLAN N I N G COM M IS S ION April 21 , 1999 & May 5,1999 CITY COUNCIL June 1 , I999 AB # 1 TITLE: ADOPTION OF ORDINANCE NO. NS-488 JDEPT. HD. MTG. DEPT. CLK J NAMM MUSEUM OF MAKING MUSIC SP 2070) CITY ATTY ~.V?WGR. - ux::::. rG RECOMMENDED ACTION: Adopt Ordinance No. NS-488, amending the Carlsbad Ranch Specific Pian by the amendment of Section III.C.l.A.(l) permitting a museum open to the public with incidental retail sales related to the Museum on Lot 11 of Planning Area 2. ITEM EXPLANATIO N Ordinance Nos. NS-488 was introduced at the regular City Council meeting of June 1,1999. The second reading allows Council to adopt the ordinance which would then become effective in thuty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 15,240 on file with the City Clerk. EXHIBIT 1. Location Map. 2. Ordinance No. NS-488. I I \ ', \ \ \ \ NAMM - MUSEUM OF MAKING MUSIC SP 207(D)/LCPA 98-1 O/ * SDP 95-09(A)/CDP 98-88 I 5 1( 11 1; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. - -- ORDINANCE NO, NS-488 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD RANCH SPECIFIC PLAN BY THE AMENDMENT OF SECTION 111. C. 1. A. (1) PERMITTING A MUSEUM OPEN TO THE PUBLIC WITH INCIDENTIAL RETAIL SALES RELATED TO THE MUSEUM ON LOT 11 OF PLANNING AREA 2 CASE NAME: CASE NO.: SP 207(D) WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Specific Plan Amendment to add to the list of permitted uses for Lot 11 of Planning Area 2; and NAMM MUSEUM OF MAKING MUSIC WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said specific plan amendment be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That the Carlsbad Ranch Specific Plan Amendment, SP 207(D) dated April 21, 1999, on file in the Planning Department, and incorporated by reference herein, is approved. The Carlsbad Ranch Specific Plan Amendment shall constitute the zoning for this property and all development of the property shall conform to the plan. The amendment to the specific plan is to add to the list of permitted used in Section 111, C. 1. A. the following: "A museum open to the general public, including incidental retail sales related to the museum not to exceed a total floor area of 325 square feet on only Lot 11 (Shown on Figure 32; Lot 8 of Final Map 13357)." SECTION II: That the findings and conditions of the Planning Commission in shall also constitute the findings and Planning Commission Resolution No. 4538 conditions of the City Council. , . EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in 'a publication of general circulation the City of Carlsbad within fifteen 7 1 1 1 1. 1d 1: It 1: 1E 15 2c 21 22 --- 23 24 25 26 27 28 within the City's Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City Council on the 15t dayof June 1999, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council, held on the -. 1 days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective 8th day Of June 1999, by the following vote, to wit: AYES:Council Members Lewis, Nygaard, Finnila,Hall & Kulchin NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM AND LEGALITY n ATTEST: AL!A L. E KR@ , City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL) FINAL AGENDA BILL ROUTING COVER SHEET AqENdA Bill TiTk SP 207lDYLCPA 98-1O/SDP 95-09lAKDP 98-88 - NAMM Museum of Makina Music REQuEsTEd CouNcil MEETiNq DATE: ASAP to include in Coastal Commission Submittal INITIATOR: Don Neu DEPARTMENT: Plannina %ONE#: 4446 Public HEARiNq NOTiCiNq RE@hmmr 10 DAYS PREhMiNARY Rwiw Cdmd By: c] CiTy AITORNEY c] Fiww DEPARTMENT 0 OT~ER c] RON BAL[ 0 c] Rich Rudolf 0 0 JANE Mobddi '0 N/A c] N/A 0 N/A Fid ADDROVA~ PROCESS J DEPARTMENT Hmd I. -, , "., J CiTy MANA~ER COMMENT: 5/13/99 J CiTy CkRk fOR PROCESSING, COMMENT: Noticed for Public Hearing 6/1/99 CodomEd AG~A 0 COPY SENT TO: DATE: RwisEd 9/16/97 hSTRUCTlONs ON bEWE AB# MTG. 6/1/99 DEPT. PLN RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. N-#f , APPROVING SP 207(D) and ADOPT Resolution No. 99 -)03 , APPROVING a Negative Declaration, SP 207(D), LCPA 98- 10, SDP 95-09(A), and CDP 98-88. TITLE: NAMM MUSEUM OF MAKING MUSIC SP 207(D)/LCPA 98-1 OlSDP 95-09(A)lCDP 98-88 ITEM EXPLANATlON: On April 21, 1999 and May 5, 1999, the Planning Commission conducted public hearings and recommended approval of opening to the general public the National Association of Music Merchants (NAMM) Museum of Making Music by a vote of 7-0. The project site is located at 5790 Armada Drive in the Coastal Zone and Local Facilities Management Zone 13. The proposed project is to allow the existing 'NAMM Museum ,of Making Music to be open to the general public. The museum was previously constructed and encompasses an area of 6,500 square feet within the 34,000 square foot NAMM .Headquarters building. The NAMM building is located within Planning Area 2 (oficeiresearch and development) of the Carlsbad Ranch Specific Plan. Because the specific plan did not allow for museums open to the general public the Site Development Plan approved for the site limited the use of the museum to members, clients, patrons, or associates of NAMM. The two primary concerns with opening the museum to the public are the potential traffic increase and the potential need for additional parking. A traffic generation study has been prepared for the museum which concluded that the museum will generate three trips per thousand square feet as compared to the ten trips per thousand square feet which is the corporate office rate applied to the original construction. As a result no traffic or parking impacts are anticipated. If the project is approved, the parking lot will be altered to include a bus parking space should groups visit the museum. The project was continued to the May 5, 1999 Planning Cornmission Hearing because of concerns raised regarding the applicant's desire to have limited retail sales related to the museum. The issues related to retail sales in support of the museum concerned the following: (1) The type of retail sales desired are not currently permitted in Planning Area 2 of the Carlsbad Ranch Specific Plan, and (2) the Planning Commission indicated a desire to permit some retail sales in support of the museum but wanted to limit the retail use. To address these two items the proposed amendments were revised to permit incidental retail sales related to the museum. The area of retail sales is proposed to be limited to 325 square feet which is 5 percent of the floor area of the 6,500 square foot museum. The applicant.has requested that the condition regarding the mitigation of traffic impacts at the El Camino Real/Palomar Airport Road intersection be deleted. The Assistant City Attorney has determined that the conditions should be retained. All the necessary findings can be made for the approvals being requested. More detailed information is included in the attached staff report to the Planning Commission. ENVIRONMENTAL REVIEW: 4 Negative Declaration is proposed for the project. The environmental review relied in part on Drogram Environmental Impact Report 94-01 certified for the Carlsbad Ranch Specific Plan 4mendment and related applications on January 9, 1996 by the City Council. No significant traffic mpacts will occur to the intersection of Palomar Airport Road and Paseo Del Norte. The traffic I PAGE 2 OF AGENDA BILL NO. /%sqP Facilities Zone 13 Local Facilities Management Plan 13 Growth Control Point NIA Net Density WA , Special .Facility Fee NIA generated for the project is within the scope of .,de Carlsbad Ranch Specific Plan Program' EIR which analyzed this intersection. In addition, the project has been conditioned to pay its fair share of the Palomar Airport Road/El Camino Real intersection "short-term improvements." FISCAL IMPACT: All required improvements needed to serve this project will be funded by the developer. The Facility Financing Section of the Zone 13 Local Facilities Management Plan lists the financing techniques being used to guarantee the public facilities needed to serve development within Zone 13. GROWTH MANAGEMENT STATUS: EXHIBITS: 1. city Council Ordinance NO. A15-1/9 I 2. City Council Resolution No. 957-303. 3. Location Map 4. Planning Commission Resolutions No. 4537,4538,4539,4540, and 4541 5. Planning Commission Staff Report, dated April 21 1999 and May 5,1999 6. Excerpts of Planning Commission Minutes, dated April 21, 1999 and May 5, 1999. Q I ! 1( 11 li 13 14 15 16 17 18 19 20 21 . _- 22 23 24 25 26 27 28 ORDINANCE NO. NS-488 AN ORDINANCE OF THE CrrY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD RANCH SPEClFtC PIAN BY THE AMENDMENT OF SECTION 111. C. 1. A. (1) PERMlTTlNG A MUSEUM OPEN TO THE PUBLIC WlTH INCIDENTIAL RETAIL SALES RELATED TO THE MUSEUM ON LOT 11 OF PLANNING AREA 2 CASE NAME: CASE NO.: SP 207lDI NAMM MUSEUM OF MAKING MUSIC WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Specific Plan Amendment to add to the list of pennitted uses for Lot 11 of Planning Area 2; and WHEREAS, after procedures in accordance with the requirements of law, the .Crty-Council has determined that the public interest indicates thatsaid specific plan amendment be approved. . .. . . ._ . .. .. NOW, THEREFORE, the City Council of the'City of Cartsbad does ordain as follows: SECTION I: That the Carlsbad Ranch Specific Plan Amendment, SP 207(D) dated April 21, 1999, on file in the Planning Department, and incorporated by reference herein, is approved. The Cadsbad Ranch Specific Plan Amendment shall constitute the zoning for this property and all development of the property shall conform to the plan. The amendment to the specific plan is to add to the list of permitted used in Section 111, C. 1. A. the following: eA museum open to the general public, including incidental retail sales related to the museum not to exceed a total floor area of 325 square feet on only Lot 11 (Shown on Figure 32; Lot 8 of Final Map 13357)." SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 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 to the adoption of this ordinance and cause it to be 11 1 1: 1: id . l! 1C li ia 19 20 21 22 23 24 25 26 27 28 - days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City's Coastal Zone until approved by the Califomiia Coastal Commission.) INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City Council on the day of 1999, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council, held on tht day of 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2 '3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . 18 19 20 21 22 23 24 25 26 27 28 _- A A RES0 h RESOLUTION NO. 99-202 ITION OF THE CITY COUNCIL OF THE ClF OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, SPECIFIC PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, SE DEVELOPMENT PIAN AMENDMENT, AND COASTAL DEVELOPMENT PERMIT TO PERMIT THE EXISTING 6,500 SQUARE FOOT NAMM MUSEUM OF MAKING MUSIC TO BE OPEN TO THE PUBLIC, WITH INCIDENTAL RETAIL SALES RELATED TO THE MUSEUM ON PROPERTY LOCATED AT 5790 ARMADA DRIVE IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: CASE NO.: NAMM MUSEUM OF MAKING MUSIC SP 207(DULCPA 98-1 OBDP 9509(A)/CDP 98-88 The Crty Council of the City of Carlsbad, California, does hereby resolve as follow: WHEREAS, on April 21, 1999 and May 5, 1999, the Carlsbad Planning Commission held duly noticed public hearings to consider a proposed Negative Declaration, Specific Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, and Coastal Development Permit to permit an existing 6,500 square foot museum to be open to the general public with incidental retail sales related to the museum, and adopted Resolutions No. 4537, 4538, 4539, 4540, and 4541 recommending to the City Council that the Negative Declaration, Specific Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, and Coastal Development Permit be approved; and . WHEREAS, the City Council of the City of Carlsbad, on 1st day of June , 1999, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the Negative Declaration, Specific Plan Amendment, Locat Coastal Program Amendment, Site Development Plan Amendment,. and Coastal Development Permit; and 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 recommendation of the Planning Commission for the approval of the Negative Declaration, Specific Plan Amendment SP 207(D), Local Coastal Program .+- I c L '1 - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s _-- Amendment 98-10, Site Development Plan Amendment SOP 9509(A), and Coastal Development Permit 90-88 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4537,4538, 4539,4540, and 4541 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT 'The time within which judicial review ofthiis decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carisbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth 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 proceedings accompanied by the required *-deposit in an amount sufficient to cover the estimated cost of preparation of such record. the time within which such petition may be filed in court is extended to not latter 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, California 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 1st day of June 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin ATTEST: - ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 6 1 3 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 33 -- -- 23 24 25 26 27 28 NNING COMhllSSIONmON NO. 4539 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO PERMIT A MUSEUM OPEN TO THE PUBLIC WITH INCIDENTAL RETAIL SALES RELATED TO THE MUSEUM ON PROPERTY LOCATED AT 5790 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: NAMM MUSEUM OF MAKING MUSIC E NO: LCPA 98-10 WHEREAS, California State law requires that the Local Coastal Program. General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, NAMM, “Developer” and “Owner”, has filed a verified application for an amendment to the Local Coastal Program specifically adding to the list of permitted uses for Planning Areas 2 of the Carlsbad Ranch Specific Plan regarding property described as Lot 8 of Carlsbad Tract No. 94-09 in Carlsbad Ranch Unit 1 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “F” dated April 21, 1999 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 21st day of April 1999 and on the 5th day of May 1999, 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 Local Coastal Program Amendment. I i L 4 f - I E S 1c 11 12 13 14 15 16 17 18 19 20 21 33 &- _- 23 24 25 26 27 28 WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. 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) At the end of the State mandated six week review period, starting on January 28. 1999, and ending on March 11, 1999, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission S APPROVAL of NAMM MUSEUM OF MAKING MUSIC. LCPA 98-10 based on the following findings, and subject to the following conditions: 1. 2. 3. 4. ... .. That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Mello I1 segment of the Carlsbad Local Coastal Program, in that the Carlsbad Ranch Specific Plan (SP 207(A)) was adopted as partial implementation for the area it covers and the addition of a public museum as a permitted use for one of the developed lots in the specific plan has been determined to have no impacts on coastal resources and is in compliance with all existing policies. Approval of LCPA 98-10 is granted subject to the approval of SP 207(D), SDP 95-09(A), and CDP 98-88. LCPA 98-10 is subject to all conditions contained in Planning Commission Resolutions No. 4537,4538,4540 and 4541 for the Negative Declaration, Specific Plan Amendment, Site Development Plan Amendment, and Coastal Development Permit. That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal Program is required to keep the Carlsbad Ranch Specific Plan consistent with the Mello I1 segment. 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 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. PC RES0 NO. 4539 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _- NOTICE c 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 “fixdexactions.” You have 90 days fkom date of City Council approval to protest imposition of these fees/exactions. If you protest them, you must follow ,the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required infomation 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 feedexactions 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 to the Planning Commission of the City of Carlsbad, held on the 5th day of May 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: COURTNEY E. H AN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO&MIL&R Planning Director PC RES0 NO. 4539 -3- EXHIBIT ‘T“ LOCAL COASTAL PROGRAM AMENDMENT 98-10 Dated APRIL 21,1999 - Add the following to the list of permitted uses in the Carlsbad Ranch Specific Plan (SP 207) Section In. C. 1. A.: “A museum open to the general public, including incidental retail sales related to the museum not to exceed a total floor area of 325 square feet on only Lot 11 (Shown on Figure 32; Lot 8 of Final Map 13357).” . - City of Carlsbad Project AddressLocation: 5790 Armada DriveEast side of Armada Drive north of Palomar Anport Road Project Description: An amendment to the Carlsbad Ranch Specific Plan with a corresponding Local Coastal Program Amendment to allow a museum open to the public on only Lot 11 shown on Figure 32 of the specific plan. Also proposed is an amendment to the existing Site Development Plan for the property as well as a Coastal Development Pdt to pdt the existing 6,500 square foot museum to be open to the general public. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, 'a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments fiom the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (760) 438-1 161, extension 4446. DATED: JANUARY 26,1999 CASE NO: SP 207(D)/LCPA 98-1 O/SDP 95-09(A)/CDP 98-88 -- CASENAME: NATIONAL ASSOCIATION OF MUSIC MERCHANTS MUSEUM OF MAKING MUSIC PUBLISH DATE: JANUARY 26,1999 Planning Director 2075 La Palmas Dr. Carlsbad. CA 92009-1576 (760) 438-1 161 - FAX (760) 438-0894 @ i m: Bob fohnson, Principal Engineer phone: fux: ' COMPANY; City of Carlrbad (760) 438-1161 (760) 43&0894 mou: SamP. Kab,II TDlALPAGES: 1 DATE December 3,1998 ME: 1:W PM whtm wit Messenger SUBJECT: Museum of Making Music Tip Genamtion As we discussed &wiously, the Museum uf Making Music will be included in the existing NAMM building on Armada Drive, and will con& of 6,500 square feet of m sical instrument display area. Since no trip gen ration studies for specifically museum @pes af uses can be found, a trip ge ration calculation based on estimated yearly attendance and average vehi le occupancy can be used to estimate the expected traffic. of similar size museums was conducted (see A telephone s Attachment 1) t at supports the estimated yearly attendance of 16,000 to 18,000 yearly visitors projected for the museum. Approximately twenty percent ofthe vis' TS will be school groups amving in buses during off-peak times. As an example, the Oceanside Museum of Art has a yearly visitor Museum attracts 28,000 visitors yearly, but is located in a high visibility area (the \fillage) with many more vehicles and foot traffic than would be expected in an isolated business park area such as on Armada Drive. Attachment 2 shows the trip generation calculation based on an 18,000 visitor yearly adendance, with twenQ percent school groups. and forty percent weekday hendance. An average vehicle occupancy ofthree persons per vehicte was a umed. This vehicle occupancy is mnserwative, compared to the assurnptiqn of 3.66 persons per vehicle used in the LEG0 traf'fic report prepared KAKU and associates (11,625 daily attendance, resulting in 3,176 daily ve4ide arrivals = 3.66 persons per vehide). r 6 F I wvey 7 i. attendance of approximately 16,500 per .year. The CarIsbad Children's - I Y 1 I Dee 14 98 09:OSa Urb-m Systems Rssoe. Inc. (61S;C560-973$ P.2 The resulting tripgeneation shown in Attachment 2 of approximately three tips per thousand.square feet is considerably lower than the allowable uses of research and development/mu!ti-tenant office included in the Carlsbad Ranch Specific Plan. Attachme nt 3, an excerpt from the KAKU mport, has been highlighted to show that the WDIoffice component ofthe specific plan is expected to generate an average of 12.5 daily vehicle trips. Therefore, the M seum of Making Music at O@ three aveFiige3aiiy tnps would be in compliance with the approved kip genedon. The hours of weekday operation are to be 1&00 AM to 9:OO PM, so that no Museum visitor tkffic would be expected during the morning peak period (7:OO AM - 9:OO AM) and onlythme orfbur PM peak hour trips are expected. Therefore, no additional peak hour impacts are expected since R&D/C)ffice uses for this floor/area would generate approximately eleven peak hour tips (6.5 KSF x 12.5T4KSF x .13 = 11 peak hour trips). In summary, corsiderably fewer daily and peak hour trips would be -. . --- r e- .. l I generated from R&D/office uses previously evalua Please review thii any questions. cc: Shari West Don Neu :he Museum of Making, Music compared to the allowed so that no addional traffic impacts beyond those ted for the Carlsbad Ranch Specific Plan are expected. .. trip generation eva\uation and give me a call if you have 003 798 I ‘I 2 Dee 14 98 09t05s - Url I Systems Rssoc. Inc. 161 560-9734 P.3 MUSEUM COMPARISON .. 4 .. ; '- .-- Dee 14 98 09:06a Ur--? Systems Rssac. Inc. 16: 560-9734 P* 4 ATTA- 1 MUSEUM COMPARISON Dec 14 98 09308s UrbFn Systems Rssoc. Ine. I61,9.J560-9734 P.5 r e- C. . --**w*-v -.c--yl--lc. MUSEUM COMPARISON Dee 14 98 09r06r Urban A SYstcns Rssac. Ine. 16l31560-973i P= 6 0 0 0 0 LI 0 0 D 0 TRIP GENERATlON CALCUIATlON .. Averagt daily- (AD")= 7.3 xtwo-way = 14.6 ADT T*ratc: 14.6 ADT 6.5 K!3F -22TripsperKSF Dcc 14 98 09t06a Urbw systems Rssoa. Ina. [61n~560-973i P* 7 ATTAOHEHT 8 1 t- I. I I I I I I 1 l0,Ooo Trip i = 72.5 Trips I F Average Trip Rade Y I .- 12/11/98 MUSEUM OF MAKING MUSIC The purpose of the Museum of Malung Music is to expand the appreciation, understanding and enjoyment of music and music making. The museum’s goal is to create music-related exhibits and programs that enhance the quality of life, support school education programs and provide enjoyment for the general public. The museum is a 501 (C) (3) nonprofit cultural institution. cc PLANNING COMMISSION . April 21, 1999 -_ Page 6 5. SP 207fDIILCPA 98-1OlSD P 95-09(A)/CDP 98-88 - NAMUSFUM OF M AKING MUS IC - Request for a recommendation of approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan, and a Coastal Development Permit, to permit the existing 6.500 square foot museum to be open to the general public at 5790 Armada Drive in the Coastal Zone, and in Local Facilities Management Zone 13. Assistant Planning Director, Gary Wayne introduced the item and stated that the Commission's action on this item is'not final and.will be fowarded to the City Council for its consideration. Mr. Wayne introduced Senior Planner, Don Neu, who presented a brief slide presentation and staff report as follows: The site is located on Armada Drive in Planning Area 2 of the Carlsbad Ranch. The existing building is approximately 34,000 square feet. On the first floor there is an area that is used and improved, as a museum, approximately 6,500 square feet in sue. At this time there is a condition on the Site Development Plan, as well as limitations in the Carlsbad Ranch Specific Plan, that prevent this museum from being open to the, general public. The area within Planning Area 2 was designated as an Office/Research 8 Development area for the Carlsbad Ranch. This amendment would allow the museum to be opened to the public on only the NAMM property. In evaluating adjacent permitted uses, it has been determined that the museum would be compatible with surrounding development. One of staff's concerns was that the museum might generate a large number of vehicles trips (ADT) as compared to office and R&D uses. A traffic study has been done that shows that the traffic generation rate, for the museum, is actually much lower than the rate for corporate offices. The related question was "what will the demand be for parking at a museum?" The municipal code includes a parking rate of 1 space for every 500 square feet that was incorporated into the Carlsbad Ranch plan when it was originally approved. It is recognized that a museum generates fewer trips than other uses. The Site Development Plan Amendment is solely to modify the first condition which limits the use of the museum and also to revise the parking area to include a bus parking space. The reason for the bus parking space is that the museum is intending to target school and other groups that might be expected to arrive in a bus. With those changes, staff is recommending that findings can be made for the Site Plan Amendment. Because there is a Specific Plan Amendment, it also requires a Local Coastal Program Amendment. The Coastal Commission did approve the Carlsbad Ranch Specific Plan and basically included it as part of the implementation for the Mello II Segment. After this project is heard by this Commission and City Council, assuming it gets a positive recommendation, it will need Coastal Commission action. The Coastal permit is required because of the change in the use, for which findings can be made. The site is within Zone 13 and the only physical change will be made to the parking area improvement is mentioned above. Staff determined that there are no additional facilities impacts that require other measures or conditions and all of the required performance standards of the Zone 13 Plan are being complied with. The environmental review proposes a Negative Declaration which relies on the EIR that was done for the Specific Plan. A condition regarding the project requirement to participate in the Palomar Airport Road/El Camino Real intersection improvement has been added. Staff is recommending that the Planning Commission adopt the proposed resolutions that would recommend approval of the Negative Declaration, Specific Plan Amendment, Coastal Plan Amendment, Site Plan Amendment, and Coastal Development Permit to the City Council. .- Commissioner Welshons stated that there appears to be some new walkways for the museum area and pointed out that one of the 1996 conditions in Resolution No. 3905 requires them to have a bike rack and . showers and asked if the sidewalks affect the location and/or placement of the bike rack, or will it be removed completely. Mr. Neu replied that the bike racks will remain. The sidewalk portion on the drawing referred to, is the plan that was used to get the improvements for the museum through the Building Department. The sidewalks have been constructed and the bike rack is in place and does not appear to be affected by the sidewalk. Commissioner Welshons pointed out that there is a notation on the drawings for a future site development modification and asked Mr. Neu to explain that notation. I - PLANNING COMMISSION . April 21, 1999 Page 7 Mr. Neu replied that the original site plan had anticipated adding a rounded wing element to the north end . of the building. However, it was not shown as an improvement on the site plans so if it ever becomes a proposed improvement there will need to be a Site Plan Amendment approved. Commissioner Welshons asked if such improvements would be more than just an architectural feature Mr. Neu replied that it was intended for potential additional square footage. Commissioner Welshons asked what type of signage they are proposing to use on Armada Drive, to direct people to the museum. Mr. Neu replied that he has discussed signage with the applicant. Initially when the original sign proposal was done, there was a monument sign being contemplated. Over the course of the construction of the sign for the project, they ultimately put wall signs on the front and back of the building. It appears that the wall signs precluded them from having a monument sign. Now that Fleet Street has been completed and the NAMM building has frontage on two streets, they will pick up some additional sign allowance. Although no calculations have been made, to date, it is likely that there is some surplus to allow a monument sign for the museum. Commissioner Welshons asked if the applicant has indicated what the hours of operation will be. Mr. Neu deferred the Commissioner's question to the applicant. Because of the zoning, Commissioner Welshons stated that when this project was originally approved, staff was adamant that this museum should not be open to the public because it is not in the TouristICommercial Zone. Now that the Clty is being asked to allow the museum to be open to the public, Commissioner Welshons asked if staff has taken a position on the hours of operation and should those hours be in conjunction with the typical work hours of that zone. She also questioned whether or not museum traffic would conflict with LEGOLAND traffic. Mr. Neu replied that, given the adjacent uses, staff feels that the surrounding uses will probably not be affected by hours of operation that might run past 5:OO p.m., or begins at an earlier hour in the morning. Shari West, Executive Director of the Museum of Making Music, 5790 Armada Drive, Carlsbad, provided background information and data and the expectations of the museum (should it be allowed to be open to the public), as follows: As stated by staff, the museum is located within the NAMM building at 5790 Armada Dr., Carlsbad, which was opened to honor the rich NAMM membership on April 26, 1996. NAMM is an international music product association with over 7,000 members, worldwide. It is one of the oldest trade associations in the country and will celebrate its 100th birthday in the year 2001. The members of this association are musical instrument manufacturers, distributors, and music retailers. Although it is located in the NAMM headquarters, the museum is a separate non-profit cultural institution. The museum's mission is to expand the appreciation, understanding, and enjoyment of music and music making. It is a one of a kind museum with exhibits that celebrate 100 years of music in America, starting in 1890. This museum will provide visitors with a glimpse of American life. They will experience popular music spanning the entire 100 years, a small music store environment with the most popular instruments of each period in its history. There are over 450 musical instruments and dozens of historic photographs . that bring the exhibits to life. Reaction to the museum, by NAMM members and guests, has been most favorable. Recent research show that music education can greatly improve children's math and reading scores, build self esteem, and help children to adjust socially. The museum has hired an educational consultant to pinpoint the need for such music related programming and is currently working with the Carlsbad Unified School District and local youths groups and some senior citizen groups to address that need. Reactions by those groups has all been very positive. It is because of the museum's strong education mission, that the museum is applying for an amendment to the existing Site Development Plan, in order to open the museum to the general public. Traffic generation studies, done by Urban Systems, indicates that if the Museum of Making Music is open to the public, it will generate 3 trips per 1,000 square feet as compared to 10 trips per 1,000 square feet generated by corporate offices. As a result, no traffic ' PLANNING COMMISSION April 21, 1999 Page 8 or parking impacts are anticipated. The parking lot has been altered to include a bus parking space. The Fire Department allows up to 130 people in the museum, at one time. Currently the number of NAMM members and guests who visit each day is from 6 to 10 people, with an occasional group of 20 to 30 people. All groups will be pre-scheduled. Five scheduled tours, per week. is anticipated and will consist of school groups, senior citizen groups, etc. The number of casual visitors, during the weekdays, is expected to be very low (approximately 25) including NAMM visitors and guests. 150 to 200 visitors, per day, are expected on weekends. The hours of operation are expected to be between the hours of 1O:OO a.m. and 500 p.m., seven days a week, with the museum being closed on all major holidays. To support the museum's public programming, a small fee will be charged for admission. The goal of the museum is to bring the joy of positive benefits of music and music making to the residents of Carlsbad. The museum is dedicated to music related education programs for the City's young people and to adding to the quality of life for the entire community. . Commissioner Compas asked if the museum's goal will include citizens from other cities as well as the citizens of Carlsbad. Ms. West responded by stating that they want to develop the music education programs as much as possible. Once the pilot program is operational to the citizens of Carlsbad, they will probably make the facility available to those in surrounding communities. Commissioner Welshons asked if the library, across the hall from the museum, will also be opened to the public. Ms. West replied that the library is only a resource (research) library and will not be a lending library. It will be on-line and they expect that most of the use will come via the Internet. She added that it is an industry based library whose objective is to collect the history of the music ,products industry. She also stated that they are getting calls from Carlsbad students who are doing research projects, wanting to know about the history of a variety of musical instruments. Commissioner Welshons referred to an exhibit of a retail music store and asked what the objective of the model store is. Ms. West replied that the model store represents today's product, as opposed to the other exhibits focused on history. In addition, the plans are to make that exhibit more interactive to support the education programs as well as to give the retail members ideas about current marketing concepts. Commissioner Welshons stated that she thought there were items for sale in that model store Ms. West stated that they do not yet have retails sales but hope to eventually be in a position to have a very small portion of the model store available for retail sales. The retail items will probably include things like logo items, books, and other educational items. Regarding school groups as visitors, Commissioner Welshons asked how they intended to have Carlsbad students transported to the museum since Carlsbad does not have school busses. _- Ms. West replied that they are aware that there are no school buses in Carlsbad. However, they are thinking along the lines of having a large van that will take instruments and other materials out to schools in the community so that children can have "hands-on" experiences with musical instruments. They also want to develop programs that can be taken into the classroom. Another concept is to get outside funding so that they can pay for busses to transport the students to the museum. Commissioner Welshons asked what their experience, in terms of volume, has been since the NAMM museum opened on April 26, 1996. Ms. West replied that they get from 6 to 10 visitors per day. She added that NAMM's members are spread all over the world so many are not from this area. They have, however, had some industry related -. PLANNtNG COMMISSION April 21,1999 Page 9 meetings in the building which have drawn from 20 to 30 people at any one time. Commissioner L'Heureux stated that if some parents volunteer to transport an individual school class, there could be as many as 8 or 10 cars. If that were the case, would there be adequate parking for those cars? Ms. West replied that there is more than adequate parking and added that they have more parking spaces than those required for the building's construction. Chairperson Heineman opened Public Testimony and offered the invitation to speak. Steve Harrison, 4401 Manchester Avenue, Encinitas, stated that he has been working with NAMM for the past 2 or 3 years getting the original project approved and now is assisting Ms. West in the process of getting the museum open to the public. For the record, Mr. Harrison stated that the applicant has already paid their fair share of fees for improvements and wish to be made exempt from any further fees assessment for the Palomar Airport RoadEl Camino Real intersection improvements. Seeing no one else wishing to testify, Chairperson Heineman closed Public Testimony. Mr. Neu, regarding the proposed retail store, stated that the Specific Plan has an allowance for limited commercial uses located within the same building as the principal permitted use, such as delicatessen, mini-convenience store, or other similar uses limited to the sales of goods and services intended to satisfy the needs of the occupants of the Research and Development Parks. Technically, the sale of merchandise related to the museum would not ordinarily be construed as something an occupant of the business park would need. The use of a retail facility within the museum does create a technical problem. Commissioner Heineman asked if there is a solution that would allow such retail sales. Mr. Neu replied that the way it appears, it is not an allowed activity unless the Specific Plan can be interpreted differently. Mr. Neu suggested that the Commission might wish to amend the language to allow such a facility or they may wish to continue to prohibit such a use. He added that he does not envision someone going to that store to purchase items unless they have just toured the museum and therefore the use would not generate any additional traffic or impacts. Mr. Wayne stated that, in his opinion, what has been described by Ms. West is sales incidental to the museum and if that is something this Commission wishes to recommend to the City Council as part of this approval, that is in the purview of this Commission. Commissioner Segall asked if other industrial complexes sell items that are not food related. that could be considered sales incidental to their businesses. Mr. Wayne replied that there are none. Those that have company stores are for employees only and not for sales to the general public. ___ Commissioner Compas asked if NAMM could come back for a retail sales approval if they definitely decide to have a retail sales facility. Mr. Wayne replied that the problem is that on the surface, the problem seems rather small. However, it is a very large process and very costly. Chairperson Heineman re-opened Public Testimony. Ms. West stated that they were not aware that this proposed small retail area would be an issue. The museum is a separate non-profit entity from NAMM and the items that would be sold would be related to the mission of the museum, as is true for most museum shops. They are hoping for some sales as they need funds so they can be self supporting. She added that the museum store would not be a very large PLANNING COMMISSION . April 21, 1999 Page 10 piece of their support but is certainly an important piece. She urged staff and the Commission to find a way to allow this museum store. Commissioner Welshons pointed out that in Resolution No. 3905, Condition No. 1, very specifically says that retail sales is prohibited and quoted directly from that resolution and condition. She then stated that this is the resolution that was approved in 1996 and referenced in all of the current conditions. She added that everything remains the same except the change that is being proposed to amend the use of the museum to allow pubiic use. Commissioner Welshons continued by stating that if the pleasure of this Commission is to allow retail sales associated with the museum use. she would propose that this item be continued to the next meeting so that staff will have time to draft language that would be specific to the museum. Chairperson Heineman closed Public Testimony. Commissioner Welshons stated that her choice would be to allow retail sales, related to the museum. She further stated that Condition No. 1 needs to be further amended in addition to what is currently being proposed. Commissioner Compas asked if the applicant is in agreement with continuing this hearing to May 5, 1999. Chairperson Heineman re-opened Public Testimony. The applicant, Ms. West, stated they would be happy to wait and agreed to a continuance to May 5, 1999. Chairperson Heineman closed Public Testimony. Commissioner Welshons then asked staff if two weeks is enough time to draft new language. Mr. Neu replied that two weeks would be ample time. Commissioner Welshons stated that the intent is that the Commission not open up a precedent for other business by being so general as simply allowing retail sales. She further stated that she would like to see staff take the two weeks and draft language that is very specific to the non-profit use of this museum. Mr. Wayne agreed with Commissioner Welshons that additional time because staff will also probably want to limit the amount of square footage available to this retail space. ACTION: Motion by Commissioner Welshons; and duly seconded, to continue this item to . May 5, 1999, to allow staff time to draft language that would allow retail sales, specific to the museum's non-profit use. VOTE: 6-0 AYES : NOES: None ABSTAIN: None Heineman, Compas. L'Heureux, Segall, Welshons, Nielsen RECESS: Chairperson Heineman declared a recess at 7:15 p.m. Commissioners present. The Commission reconvened at 7:25 with six 6. SDP 86-02lC ) - FOUR SFASONS TMSHARB - Request for a Site Development Plan Amendment to adjust the operational restrictions and allow the limited use of lockoff units based upon the amount of parking availability, for property generally located in the Aviara Planning Area 28 (Four Seasons Resort Timeshares), south of Aviara Parkway and north of Batiquitos Drive in Local Facilities Management Zone 19. COMPLETE DATE: January 8.1999 Request for approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan and a Coastal Development Perrmt, to pcrrmt the existmg 6,500 square foot museum to be open to the general public. DESCRIPTION: LOCATION: This project is withm the City of Carlsbad's Coastal Zone located at 5790 Armada Drive in the Coastal Zone and Local Facilines Management Zone 13. ASSESOR'S PARCEL NUMBER 2 1 1-022-20 APPLICANT: Hankon Co. 4401 Manchester Ave., Ste. 205 Encinitas, CA 92024 A public hearing on the above pmposcd project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on June 1,1999 at 6:OO p.m. Persons arc cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be dcscriid and a staff recommendation given, followed by public testimony, quesnons and a decision. Copies of the staff report will be available on or after May 28,1999. If you have any questions, or would like to be notified of the decision, please contact Don Ncu at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m, Friday 8:OO am to 5:OO p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-1 161, extension 4446. APPEALS If you challenge the Negative Declaration, Specific Plan AmcdmenG Local Coastal Program Amendment, Site Development Plan Amendment, and/or Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public heating described in this notice, or m written cormpondcncc delivered to the City of Carlsbad City Clerk's Ofice at, or pnor to, the public hearing. 1. eals to the Citv Cod: Whcre the decision is appealable to the City Council, appeals must be filed in writing within ten ( 10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: DIhis site is located within the coastll Zoac Appealable Ana. IBTbis site is not located witb the corstnl Zone Appealable Area. ' Where the decision is appealable to the cor&ll Commission, appeals must be filed with the Constid Conmrission within ten (10) working days after the Coastal Commission has Icceivcd a Notice of Final Action from the City of carlsbad. Applicants will be notified by the Cbastal Commission of the date tbat their rppal period will conclude. ?be San Diego office of the Coastal Commission is located at 3111 Carmn~DelRi~N~rth, S~~200,~Dieg0,california92108-1725. CASE FILE: SP 207@)/LCPA 98-1WSDP 95-09(A)KDP 98-88 CASE NAME: NAMM MUSEUM OF MAKING MUSIC PUBLISH: MAY 21,1999 CITY OF CARLSBAD TOJECT PLANNER 13N NEU , \ \ '> \ NAMM - MUSEUM OF MAKING MUSIC SP. 207(D)/LCPA 98-1 01 SDP 95-09(A)/CDP 98-88 CA COASTAL COMMISSION STE 200 31 11 CAMINO DEL RIO NO SAN DIEGO CA 92108-1725 REGIONAL WATER QUALITY BRD STE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 921 24-1 331 AIR POLLUTION CNTRL DlST 91 50 CHESAPEAKE DR SAN DIEGO CA 92123 CITY OF CARLSBAD COMMUNITY SERVl CES DEPT SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 BST SAN DIEGO CA 92101 CA DEPT OF FISH & GAME STE 50 330 GOLDENSHORE DR LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 CARLSBAD UNIFIED SCHOOL DlST 801 PINE ST 2730 LOKER AVE WEST CARLSBAD CA 92008 CARLSBAD CA 92008 US FISH & WILDLIFE SERVICES CITY OF CARLSBAD ENGINEERING DEPT CITY OF CARLSBAD WATER DISTRICT CITY OF CARLSBAD PROJECT PLANNER .DON NEU -. UTCH ENTERPRISES CARLSBAD PACIFIC RESORT KILROY REALTY L? 4VENIDA ENCINAS 10 5050 AVENIDA ENCINAS 20 4365 EXECUTIVE DR 3AD CA 92008-4452 CARLSBAD CA 92008-4381 SAN DIEGO CA 92121 i REALTY L P GARLSBAD RANCH CO L P KREG-OC < 188251 5600 AVENIDA ENCINAS 10 4275 EXECUTIVE SQ 240 3AD CA 92009-0805 CARLSBAD CA 92008-4452 LA JOLLA CA 92037-9146 iR CANNON PARTNERS 15 CARLSBAD RANCH LLC JOCKHAVEN DR 619 S VULCAN AVE PARK CA 90621-1540 ENCINITAS CA 92024-3634 LEGOLAND CALIFORNIA INC 1 LEGOLAND DR CARLSBAD CA 92008 IAD RANCH MAINTENA SPIEKER PROPERTIES L P iVENIDA ENCINAS 13 19600 FAIRCHILD 285 !AD CA 92008-4455 IRVINE CA 92612-2510 1 Printed *** TRE .CES U. S. FISH AND WILDLIFE SERVICE SUITE 130 3310ELCAMMOAVENUE SACRAMENTO CA 95821 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 15 16 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONGBEACH CA 90802 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 -- STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF FISH AND GAME GAIL PRESLEY, CHIEF E"R0NMENTA.L SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD I416 NINTH STREET SACRAMENTO CA 95814 RM 1516-2 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SAN FRANCISCO CA 95814 WATER RESOURCES CONTROL BOARD PO BOX 100 SACWENTO CA 95801 REGIONAL WATER QUALITY CONTROL BOARD BARRY BRAYER., AWP-8 SUITE B FEDERAL AVIATION ADMINISTRATIOK 977 1 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 WESTERN REGION PO BOX 92007 LOSANGELES CA 90009 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 DAVIS CA 95616 2 12 1 -C SECOND STREET PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHERIC ADMIN - OCRM, 55MC4 N/OM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 20910 U.S. ARMY CORPS OF ENGINEERS 333 MARKET STREET SAN FRANCISCO CA 941 05-2’1 97 LILY ALYEA - SUITE 702 _- DEPARTMENT OF ENERGY 6 1 1 RYAN PLAZA DR STE 400 .WINGTON TX 7601 1-4005 USDA - RURAL DEVLOPMENT 430 ST DEPT 4 169 DAVIS CA 95616 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN WASHINGTON DC 2006 722 JACKSON PLACE NORTH WEST DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER , PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 H : WMNLAB ELSLCP IhTERESTED PARTIES UPDATED 3-99 OLIVENHAIN M.W.D. 1966 ,OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENClNlTAS CA 92024 LANlKAl LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 0401 1 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALElDONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 COPIES TO: + CITYCLERK + MAIN LIBRARY + BRANCH LIBRARY + WATER DISTRICT CITY OF ENClNlTAS COM DEV DEPARTMENT 505 S VULCAN AVE ENClNlTAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SANDIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOSALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOSANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT 5201 RUFFIN ROAD SANDIEGO CA 92123 JOAN VOKAC - SUITE 8-5 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 MWMRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 US. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER 1ST INTL PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 SANDAG - EXEC DIRECTOR .. BILL McLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN ATTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENClNlTAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL ROAD CARLSBAD CA 92009 City of Carlsbad COMPLETE DATE: January 8,1999 DESCRIPTION: Request for a recommendation of approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general public. LOCATION: . This project is within the City of Carlsbad’s Coastal Zone located at 5790 hada Drive in the Coastal Zone and Local Facilities Management Zone 13. ASSESSOR’S PARCEL NUMBER: 21 1-022-20 APPLICANT: Hanison Co. 4401 Manchester Ave., Ste. 205 Encinitas, CA 92024 ’ A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on April 21, 1999 at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after April 15, 1999. If you have any questions, or would like to be notified of the decision, please contact Don Neu at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:OO a.m. to 5:OO p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438- 1 16 1, extension 4446. - ... ... ... ... 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 (760) 438-1161 - FAX (760) 438-0894 @ APPEALS If you challenge the Specific Plan Amendment, Local Coastal Pro_eram Amendment. Site Development Plan Amendment, and Coastal Development Permit 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 prior to the public hearing. 1. eals to the Qjv Cod: Where the decision is appealable to the City Council. appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: 0 [XI This site is located within the Coastal Zone Appealable Area. This site is not located Within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3 11 1 Camino Del Rio North, Suite 200, San Diego. California 92 108- 1725. CASE FILE: CASE NAME: PUBLISH: SP 207@)/LCPA 98-1 O/SDP 95-09(A)/CDP 98-88 NAMM MUSEUM OF MAKING MUSIC APRIL 8,1999 1. TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Loc.al Coastal Program (LCP) as summarized below. This amendment is being proposed by the National Association of Music Merchants and is currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in April 1999, and will be duly noticed. The City Council hearing is expected to take place in May 1999, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Department, 2075 Las Palmas Drive; (2) City Clerk’s Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1250 Carlsbad Village Drive; (4) La Costa Branch Library, 6949 El Camino Real, Suite 200; and (5) the California Coastal Commission District Office, 3 1 1 1 Camino Del Rio North, Suite 200, San Diego. PROPOSED LCP AMENDMENT SUMMARY LCPA 98-10 - Museum of Making Music The Carlsbad Ranch Specific Plan is the implementing ordinance for the City’s Local Coastal Program for the area of the City in which the publicly open museum is proposed. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Specific Plan and its Local Coastal Program. This Specific Plan Amendment is as follows: An amendment to allow a museum open to the general public on only Lot 11 (shown on Figure 32 of the Carlsbad Ranch Specific Plan; Lot 8 of Final Map 13357) as a permitted use . If you have any questions, please call Don Neu in the Planning Department at (760) 438-1 161, extension 4446. Written comments should be sent to the Planning Department at 2075 Las Palmas Drive, Carlsbad, California 92009 by March 1 1, 1999. PUBLISH DATE: JANUARY 28,1999 PUBLISH DATE FOR NORTH COUNTY TIMES: JANUARY 28,1999 PUBLISH DATE FOR THE COAST NEWS: JANUARY 28,1999 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1161 - FAX (760) 438-0894 @ H:M.DMINUABELS\LCP INTERESTED PARTIES UPDATED 11-96 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS’ SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENClNlTAS CA 92024 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN MEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 0401 1 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 133O--BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 COPIES TO: CITY CLERK MAIN LIBRARY BRANCH LIBRARY WATER DISTRICT CITY OF ENClNlTAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOSALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOSANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 JOAN VOKAC - SU1TE.B-5 MWMRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 US. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER 1ST INTL PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 SANDAG - EXEC DIRECTOR BILL McLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN ATTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENClNlTAS CA 92024 CARLENE TlMM SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 A notice has been mailed to all property owners/occupants listed herein. LABELS - 5163 LCPA MAILING LIST (GOVERNMENT AGENCIES) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 401 B STREET SAN DIEGO CA 92101 APPENDIX A (LIST IS REQUIRED BY COASTAL COMMISSION) DEPARTMENT OF JUSTICE DEPUTYATTORNEYGENEW ROOM 700 110 WEST A STREET SAN DIEGO CA 92101 PUBLIC UTILITIES COMMISSION 350 McALLISTER STREET SAN FRANCISCO CA 941 03 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFAIRS 1400 TENTH STREET SACRAMENTO CA 95814 DEPARTMENT OF'FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN ROOM 5504 DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 SACRAMENTO CA 95814 980 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION 1 120 N STREET _- DISTRICT 11 CALTRANS TIM VASQUEZ, ENVIRONMENTAL PLANNING 2829 SAN JUAN ST SAN DIEGO CA 92138 RESOURCES AGENCY RM 1311 14 16 NINTH STREET SACRAMENTO CA 95812 REGIONAL WATER QUALITY CONTROL BOARD SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 DEPARTMENT OF AGRICULTURE ROBERT L. ERWIN, DIRECTOR SUITE 1037 630 SANSOME STREET SAN FRANCISCO CA 941 1 1 DEPARTMENT OF AGRICULTURE ATT” GARY RESOURCE CONSERVATIONIST SUITE 102 DAVIS CA 95616 2121-C SECOND STREET DEPARTMENT OF COMMERCE OFFICE OF OCEAN AND COASTAL L McGILVRAY 1825 CONNECTICUT AVENUE WASHINGTON DC 20235 US. ARMY CORPS OF ENGINEERS SUITE 700 333 MARKET STREET SAN FRANCISCO CA 94105 DEPARTMENT OF ENERGY 6 1 1 RYAN PLAZA DR STE 400 ARLINGTON TX 7601 1-4005 USDA - RURAL DEVLOPMENT 430 ST DEPT 41 69 DAVIS CA 95616 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 U. S. BUREAU OF LAND MANAGEMENT 2135 BUTANO DRIVE SACRAMENTO CA 95825 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDERCITY CO 89005 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 1901 SPINNAKER DRTVE SANBUENAVENTURA CA 93001 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102 U. S. BUREAU OF RECLAMATION 2800 COTTAGE WAY SACRAMENTO CA 95825 MID-PACIFIC REGION DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK 11 11 2m STREET CRESCENT CITY CA 95531 DRAWERN CALIFORNIA COASTAL COMMISSION SUITE 200 3 1 1 1 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 U. S. FISH AND WILDLIFE SERVICE SUITE 130 33 10 EL CAMINO AVENUE SACRAMENTO CA 95821 _- BARRY BRAYER, AWP-8 FEDERAL AVIATION ADIkfNSTRATION WESTERN REGION PO BOX 92007 LOSANGELES CA 90009 I City of Carlsbad NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. project has been acted upon. SENT TO COASTAL COMMISSION ON ~~D-YP Application #: CDP 98-88 Filing Date: , Case Name: IUMM Muse-c Decision Date: , Applicant: NAMM Agent (if differen Address: 5790 4nnada hve. CM CA 92008 Address: Phone: Phone: 1760) 438-8001 ACTION: APPROVED APPROVED WITH CONDITIONS DENIED fC0p.v offinal resolution/decision letter is sent to: Coastal Cornmission, any and the applicant). COASTAL COMR.ZLSSIOK APPEAI. STATUS: NOT APPEALABLE TO THE COASTAL COMMISSION. A coastal permit application for. the ,. . . .. 2 257 663 b47 cap pt--Si US Postal Service No Insurance Coveraoe Provided. Receipt for Certified Mail -_ APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggneved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission’s appeal penod will conclude. Appeals must be made in wnting to the Coastal Commission’s district office at the followng address: Califomia Coastal Commission, 31 11 Camino Del Rio North, Suite 200, San Diego, California 92108-1725, Telephone (619) 521-8036. Thc rinic nirhin which iudicial revien of thrs decision must be sought is governed bv Code of Civil Procedures. Seciion 1094.6. which hac been made applicable in the GI). o/ Carlsbad bi. Carlsbad Municipal Code Chaprer 16. Any peririon or other poppr seeking iudicial review must be filed in the appropriare court not later than riiiieri’ 190) davsjollowing the dare on which rhrs dekisron becomes final: however. ifwithin ten 110) do.vs after the decision bemmes/inal a request for the record of rhc proceedings acconipanied bv !he required deposit in an amount suflcienr IO cover the esrimared cos1 af preparation of such a record. the time wirhin which such pcritioii mat’ be-filed in court is crrended IO nor later than rhirlv ,301 dowfollowng the dare on which the record is eitherpersonal1.v delivered or mailed to theprty. or hu atrornev of record. i/ he has one A wriiien requesr jor rhe preparation ojrhe record ojthe proceedings sholl befiled with the City Clerk, City of Carisbad. I200 Carlsbad Village Drivc. Carlsbad. California 92008 d Y zo. r 2075 La Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-1 161 * FAX (760) 438-0894 @ 1 City of Carlsbad Planning Department P.C. AGENDA OF: May 5, 1999 A REPORT TO THE PLANNING COM MISSION Apphcanon compicte date: January S. 1999 Project Planner: Don Kcu Project Engmccr: David kck ' SUBJECT: P 07@1/LLP 98-88 - NAMM MUSEUM OF MAKING MUSIC - Request for a recommendation of approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an amendment to the existing Site Development Plan and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general public with incidental retail sales related to the museum at 5790 Armada Drive in the Coastal Zone and Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4537, 4538. 4539,4540, and 4541 PECOMWDING APPRO VAL of a Negative Declaration. Specific Plan Amendment (SP 207(D)), Local Coastal Program Amendment (LCPA 98-10), Site Development Plan Amendment (SDP 95-09(A)), and Coastal Development Permit (CDP 98-88), based on the findings and subject to the conditions contained therein. .. 11. BACKGROUND The National Association of Music Merchants (NAMM) Museum of Making Music project was considered by the Planning Commission at the Apnl 21, 1999 hearing. The project was continued to the May 5, 1999 hearing because of concerns raised regarding the applicant's desire to have limited retail sales related to the museum. The issues related to limited retail sales in suppon of the museum concerned the following: (1) The type of retail sales desired are not currently permitted in Planning Area 2 of the Carlsbad Ranch Specific Plan, and (2) the Planning Commission indicated a desire to permit some retail sales in support of the museum but wanted to limit the retail use. =- To address the two items listed above staff has revised the resolutions and ordinance. The revisions include permitting incidental retail sales related to the museum. The area of retail sales is proposed to be limited to 325 square feet which is 5 percent of the floor area of the 6,500 square foot museum. The museum presently includes a Model Store. The Model Store is one of six display areas in the museum. It features musical instruments and other related products manufactured by today's music products industry. According to the applicant the objectives of the Model Store are as follows: SP 207(D)/LCPA 98-10/Sl)~ 35-09(A)/CDP 98-88 - NAMM MUSkuM OF MNKG hlUSIC MAY 5.1999 1. To show museum visitors current musical instruments and music store display techniques as compared to those from earlier time periods as represented in the museum. -. 3 To educate NAMM retail members on the most up-to-date merchandising techniques and products. The Model Store is used for training sessions. 3. Musical instruments and accessories in the Model Store are not for sale. 'The museum does not want to be in competition with local music retailers. ATTACHMENTS: 1. -. 3 3. 4. 5. 6. 7. Planning Commission Resolution 3905 Planning Commission Resolution No. 4537 (Negative Declaration) Planning Commission Resolution No. 4539 (LCPA) Planning Commission Resolution No. 4540 (SDP) Planning Commission Resolution No. 4541 (CDP) Planning Commission Staff Report dated April 2 1,199 with attachments Planning Commission Resolution No. 4538 (SP) - -ae City of carlsbad Planntag Departmts A REPORT TO THE PLANNING COMMISSION ltem No. @ P.C. AGENDA OF: April 21,1999 1 Application complete date: January 8. 1999 Project PiannCr: Don Keu Project Engineer David hck SUBJECT: SP 207(D)/LCPA 9&lO/SDP 95-09fAKDP 9188- NAMM MUSEUM OF MAKING MUSIC - Request for a recommendation of approval for a Negative Declaration, an amendment to the Carlsbad Ranch Specific Plan, a Local Coastal Program Amendment, an ammdment to the existing Site Development Plan and a Coastal Development Permit, to permit the existing 6,500 square foot museum to be open to the general public at 5790 Armada Drive in the Coastal Zone and Local Facilities Management Zone 13. . .. I. RECOMME NDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4537, 4538, 4539, 4540, and 4541 RECOMMENDING APPROVAL of a Negative Declaration, Specific Plan Amendment (SP 207(D), Local Coastal Program Amendment (LCPA 98-10), Site Development Plan Amendment (SDP 95-09(A)), and Coastal Development Pennit (CDP 98-88). based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project is to allow the existing National Association of Music Merchants (NAMM) Museum of Making Music to be open to the general public. The museum was previously constructed and encompasses an area of 6,500 square feet of the 34,000 square foot NAMM Headquarters building. The NAMM building is located within Planning Area 2 (office/research and development) of the Carlsbad Ranch Specific Plan.. Because the specific plan did not allow for museums open to the public the Site Development Plan approved for the NAMM building limited the use of the museum to members, clients, patrons, or associates of NAMM. The two primary concerns with opening the museum to the public are the potential traffic increase and the potential need for additional parking. A traffic generation study has been prepared for the museum which concluded that the museum will generate three trips per thousand square feet as compared to the ten trips per thousand square feet which is the corporate office generation rate applied to the original construction. As a result no traffic or parking impacts are anticipated. The parking lot has been altered to include a bus parking space should groups visit the museum. .- 111. PROJECT DESCRIPTION AND BACKGROUND The project site is located at 5790 Armada Drive within Planning Area 2 of the Carlsbad Ranch Specific Plan. The 6,500 square foot Museum of Making Music currently exists on the first floor of the NAMM Headquarters building. The approval being sought is the ability to open the museum to the public. No physical improvements to the building are proposed. Improvements to the parking lot are proposed to accommodate a bus parking space. An amendment to the Carlsbad Ranch Specific Plan is proposed to allow a museum open to the public on onlv the NAMM property. Because the project site is in the coastal zone and the Carlsbad Ranch Specific Plan serves as partial implementation for the Local Coastal Plan in this area an amendment to the Local Coastal Program is also required. The existing site-development plan for the project is proposed to be amended to modify condition number one which prevents the museum fiom being used by the general public. In addition, a coastal development permit is proposed to allow the change in use to a museum open to the general public. A study titled, “Museum of Making Music Trip Generation”, by Urban Systems Associates established a trip generation rate of three trips per thousand square feet. This rate is less than the ten trips per thousand square feet which a corporate office generates. The end result is that no additional traffic impacts beyond those previously evaiuated for the Carlsbad Ranch Specific Plan are expected. Actually fewer vehicle trips will be generated by the museum as compared to the same area being devoted to a corporate office use. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. OfficePlanned Industrial (OPI) General Plan Land Use Designation; B. C. OfficePlanned Industrial, Qualified Development Overlay Zone (0-QP-M-Q); Carlsbad Ranch Specific Plan (SP 207 as amended) D. Site Development Plan findings required by the Qualified Development Overlay Zone - Carlsbad Municipal Code, Chapter 2 1.06, Section 21:06.020; E. Comprehensive Land Use Plan for McClellan-Palomar Airport; F. Mello I1 Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone - Carlsbad Municipal Code, Chapter 2 1.203; and G. Growth Management Ordinance (Local Facilities Management Plan Zone 13). T 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 of the above regulations is discussed in detail in the sections below. A. & B. General Plan The proposed public museum is compatible with the General Plan designation for the project site of OfficePlanned Industrial (OPI). The zoning designation for the site is OfficePlanned Industrial, Qualified Development Overlay Zone (0-QP-M-9). The proposed public museum use is compatible with professional office uses. The Carlsbad Ranch Specific Plan implements objectives of the General Plan by including required circulation improvements and provisions for SP 207(D)/LCPA 98-10/3~ 35-09(A)/CDP 98-88 - NAMM h4U~dM OF MMNG MUSIC Apnl21.1999 Pace 3 alternative modes of transportation such as bicycle and pedestrian facilities. The Q-Overla! Zone requires the approval of a Site Development Plan for proposed developed. C. Carlsbad Ranch Specific Plan The project site is located within Planning Area 2 which is designated for office, research and development uses. A museum open to the general public is a compatible use with the permitted uses of the planning area. The proposed specific plan amendment will allow a museum open to the general public on only the NAMM property within Planning Area 2. The NAMM use is unique in that it includes as part of its mission a focus on exposing people to the history of the music products industry as well as the benefits of music education. Besides the issue of land use compatibility the other area focused on was the potential circulation and parlung impacts. The specific plan and the program environmental impact report prepared for the specific plan contain limits on the traffic which can be generated from the Carlsbad Ranch. The traffic study prepared for the museum concluded that fewer vehicle trips will be generated by the museum as compared to an office use. The specific plan already con& a museum parking rate of 1 space per 500 gross square feet which is hm the Municipal Code. This compares to the office parking rate of 1 space per 250 gross square feet. As a result there is no increased demand for parking with a museum use when compared to the corporate office use. D. Site Development Plan Findings Required By The Q-Overlay Zone The Qualified Development Overlay Zone (Q-Overlay) which is a part of the zoning designation for the property requires that a site development plan be approved. Four findings are required by the Q-Overlay Zone. A site development plan was approved for the existing improvements on the property. An amendment to the site development plan is proposed to modify the condition limiting the use of the museum and to modify the parking area to include a bus parking space to accommodate school groups and other tour groups. The required findings with justification for each are contained in the Planning Commission Resolution for the site development plan. The following section summarizes the necessary findings and support for each. The requested use is properly related to the site, surroundings and environmental setting as the project design complies with the requirements of the Carlsbad Ranch Specific Plan. All required building and landscape setbacks exist. The site is also adequate in shape to accommodate the use as all other applicable code requirements have been met including the parking requirement for museums. All features necessary to adjust the use to existing and permitted future uses will be provided. Modifications to the parking area are proposed to include a bus parking space. Adequate vehicle circulation exists to accommodate bus turning movements. There are two access points to the site. The planned street system is adequate to handle all traffic generated by the use. The proposed museum will generate less traffic than an office use and is below the total average daily traffic analyzed in the circulation analysis prepared for Program EIR 94-01 for the Carlsbad Ranch Specific Plan. SP 207@VLCPA 98-10/SI~, 95-09(A)/CDP 98-88 - NAMM MUS~~ILI OF MNXG h4USIC April 21.1999 E. Comprehensive Land Use Plan for McClellan - Palomar Airport The project site is located Within the Auport Influence Area for McClellan - Palomar Airport. The site is inside the 60 CNEL noise contour for Palomar Airport. The propen!. is approximately 7,500 feet west of the auport. The airport land use plan identifies the use as being compatible with the noise levels for the site. .. F. ' Mello I1 Segment of the Local Coastal Program The proposed specific plan amendment also requires the approval of a Local Coastal Pro_m Amendment to the Mello II Segment. This is necessary as the Carlsbad Ranch Specific Plan serves as partial implementation of the Mello 11 Segment. A six week public notice was completed for the proposed amendment and no comments were received. No coastal issues have been identified relative to this developed site. As stated previously, traffic generation and parking demand have been analyzed and no adverse impact is anticipated. The project is consistent with the relevant policies of the Coastal Resource Protection Overlay Zone (Zoning Ordinance Section 21.203). The project site is presently developed and contains no steep slopes or native vegetation. Drainage facilities are in place which filter pollutants from runoff before it leaves the site. G. Growth Management Ordinance (LFMP - Zone 13) The proposed project is located within Local Facilities Management Zone 13 in the northwest quadrant. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: V. ENVIRONMENTAL REVIEW An initial study was completed for the proposed use (Environmental Impact Assessment Form - Part 11). The environmental review relied in part on Program Environmental Impact Report 94- 01 certified for the Carlsbad Ranch Specific Pian Amendment and related applications on - - SP 207(D)/LCPA 98-1 O/Sb* 35-09(A)/CDP 93-88 - NAMM MUShuM OF MAI;lh’G XIL’SIC Apnl21,1999 January 9, 1996, by the City Council. A Statement of Overriding Considerations was adopted for cumulative impacts to air quality, agnculture, and traffic. No significant traflic impacts will occur to the intersection of Palomar Arrport Road and Paseo Del Norte. The traffic generated for the project is Within the scope of the Carlsbad Ranch Specific Plan Program EIR which analyzed this intersection. All required improvements exist. The City has received its annual Growth Management T&c Monitoring Report. The Repon has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airpon Road (PAR ) and El Cdno Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstances negating reliance on previous environmental documentation. Pursuant to $15162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (Le., the recorded intersection failure) determines that a changed circumstances exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. . No additional significant adverse impacts were identified in the initial study for the project. therefore, a Negative Declaration was prepared. The Negative Declaration was published in the newspaper. A Notice of Determination will be filed upon the final action being taken on the project. ATTACHMENTS: 1. 3. 4. 5. 6. 7. 8. 9. 10. 11. 3 -. _- Planning Commission Resolution No. 4537 (Negative Declaration) Planning Commission Resolution No. 4538 (SP) Planning Commission Resolution No. 4539 (LCPA) Planning Commission Resolution No. 4540 (SDP) Planning Commission Resolution No. 4541 (CDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Form Reduced Exhibits Exhibits “A” - “D”, dated April 21, 1999 NAMM - MUSEUM OF MAKING MUSIC SP 207(D)/LCPA 98-1 O/ SDP 95-09(A)/CDP 98-88 CASE NO: > 07(nYLCPA 98- 1 O/ST)P 95-09181(CDP 98-88 CASE NAME: of -sic 0 . APPLICANT: NAMM .. REQUEST AND LOCATION: at 5790 ma Dri ve APN: 211-032-20 Acres: 4.07 Proposed No. of LoWnits: ZONING Land Use Designation: OPI (0- Density Allowed: N/A .. Density Proposed: J’WA Existing Zone: 9-OP-M-0 Proposed Zone: JWA Surrounding Zoning, General Plan and Land Use: Zonlng Site 0-QP-M-Q OPI North 0-QP-M-Q OPI South 0-QP-M-Q om East 0-QP-M-Q OPI West OS os - NAMM Headquarters 0 ffice/R&D Vacant lot Office Armada Drive & Flower Fields School District: Carlsbad Water District: carlsbad Sewer District: Equivalent Dwelling Units (Sewer Capacity): 3.6 Public Facilities Fee Agrement, dated: N/A ENVIRONMENTAJ, ImCT ASSESSMENT Negative Declaration, issued 26. 1999 0 Certified Environmental Impact Report, dated Other, _- A h Cm. OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: 09(A’I/CDP 98-88 - SP 207a)VJ.CPA 98 -IO/SDP 95- LOCAL FACILITY MANAGEMENT ZONE: U GENERAL PLAN: OPI DEVELOPER’S NAME: NAMM ADDRESS: 5790 &xu&Dn ve. carlsbad. CA 97008 ZONING: D-OP -- M 0 PHONE NO.: 438-8001 ASSESSOR’S PARCEL NO.: 211-022-20 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 6$00 sa. ft. mum ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. - J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in’square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage : Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: .Acreage Provided’ = Schools: (Demands to be determined by stam Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = N/A JWA Paid $.40/sa. ft. N/A c 20 4 N/A N/A 3.6 B 792 The project is not proposing any dwelling units thereby not impacting the Growth Management Dwelling unit allowance. .. RECEIVED DISCLOSURE STATEMENT - - [Applicant's statement or disclosure of certain ownership interests on all applications (Ik& 1 &I rc , D !discretionay action on the part of the City Council or any appointed Board: Coomsprw 1 PVNNlNG DEpf- The following information MUST be disclosed at the time of application submittal. our proreci cam o ~~ be reviewed until this information is completed. Please print. Iriote: Person is defined as "Any individual, fim, co-parmenhip, joint mm, association, social club, fraternal organization, corporation, estate, trust, rrceiver, syndicate, m this and any other county, city and county. cit! municipality, district or other political subdivision or any other group or combimiun acting as a unit." Agents may sign this document; however, the legal name and entity of the appiicant adpropmy owner must be provided below. I. APPLICANT mot the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of && persons having a financial interest in the application. If the applicant includes a cornoration or Dartnership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW. If a publictv-awned cornoration. iiiclude the names. titles. and addresses of the corporate officers. (A separate page ma!' be attached if necessan.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- Corp/Part d /A Title Address 49 I MA OWNER W-ot the owner's agent) Provide the COMPLEm LEGAL names and addresses of ALL persons having any ownership interest in the property involved Atso. ?ro';idv the II;:CTC of thc ::gal *vwmr=~**~ ;;.L pannershtp. tenants in common. non-profit. corporation. etc.). If the ownership includes a corporation or uannershie. include the names. title. addresses of all individuals owning more than IO'% of the shares. IF NO 1NDIVlDUALS OWN MORE THAN lO?/o OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporatioi~, iiiclude the names. iitlcs. and addresses of the corporate officers. (A separate page may be attached if necessan ) AW E.wddress 7 WlrJl&+~qZO2+ - Title Title Address Address 2075 Las Palmas Dr Carlsbad. CA 92009-1 576 - (760) 438-1161 - FAX (760) 438-0894 @ ( 7 NON-PROFIT OR' --ATION OR TRUST - If an!, person identi. mrsuant to (1 )or (2) above is a nonurol. manizaitnn or ;I rrus: ilqr 111. names and addresses of ANJ' person serving as an officer or director 01 the non-profi: organization or as trusye or beneficie of tht; Titie Title Address Address 4 Have you had more than $250 worth of business transacted with an! member of Clt? stafi. Boards. Commissions. Committees and/or Council within the past twelve ( 12) months: a Yes NO If yes. piease indicate pcrson(s): NOTE: Attach additional sheets if necessary. 1 cenifi that all the above information is true and comct \tu1 d Print or type name of owner Print or type name of applicant Signature of ownd-/applicant's agent if applicabiddate Print or type name df owncnappiicant's aFcni _- H.ADMIN\COUNTER\DISCLOSURE STATEMENT 5198 Page 2 of 2 . Larry R. Linkin. President / CEO Warner Paige, Chairman Gerson Rosenbloom, Vice-Chairman Paul Murphy, Treasurer Steve West, Secretary National Association of Music Merchants 5790 Armada Drive Carlsbad, CA 92008 I ... ......-. .. ........ -, .. ..I-.- , .I. I ...... I,. .". ." 1 I. *. . .I , .I, ,.,- ........ V.,,... ... ~ ,., I ......... ................. /\, I . .-.. ... " ..... , ,, :J ,..", ... -,.., ..... I .. ...... '!?. . ................... ..... ...... 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