Loading...
HomeMy WebLinkAboutRP 87-11A; Village Faire; Redevelopment Permits (RP) (3)August 14, 2006 TO: VILLAGE FAIRE REDEVELOPMENT PERMIT FILE RP87-11/CDP 88-1 FROM: HOUSING AND REDEVEOPMENT DIRECTOR RE: RELOCATION OF HANDICAP PARKING SPACES Due to continuing complaints regarding the relocation of tv^o (2) handicap parking spaces at the Village Faire, the City Attomey requested a copy of the settlement agreement (from the Village Faire Attomey) between Village Faire and the complainant (handicap advocate) on this matter. A copy of the Agreement v^as forwarded to my office for review on August 3, 2006. My review of the Agreement indicates that Village Faire was required to add two (2) handicap spaces to the north side of the property (adjacent to Coyote Restaurant), and add appropriate signage and markings for the handicap spaces located nearest to the gift shop (Linda's Gifts) on the east side of the shopping center. The property manager indicated that the attomeys from both sides and an ADA consultant agreed to the relocation of the handicap spaces as part of their settlement of the lawsuit. The Settlement Agreement isn't as specific on this point. It was my understanding that because the spaces next to Coyote Restaurant were acceptable the property owner did not believe that it was necessary or financially feasible to correct the deficiencies of the handicap spaces adjacent to Linda's gifts. As a result, the spaces were eliminated. Per our City Attomey (Ron Ball), the City/Redevelopment Agency is not bound by any settlement agreement (whether written or verbal) between the parties and does not need to agree to the relocation of the spaces. The City Attomey's opinion is that if the revised parking plan is different than that which was approved by the legislators then the property owner must process an amendment to their major redevelopment permit, and the revised plan must receive appropriate approvals. Since Village Faire simply relocated the handicap spaces and did not eliminate any parking in the process and/or did not change the vehicle circulation, I determined that an amendment to the major redevelopment permit was not necessary because the plan remained in substantial conformance with the originally approved permit. However, the City Attomey disagrees with this position and believes that the amendment is required because the parking plan was modified and not consistent with the originally approved plan. The Building and Code Enforcement Manager (Pat Kelley) and I visited the site on August 4, 2006 to determine if the handicap parking spaces provided meet the current code. The determination was made that the spaces and path of travel, in general comply with the ADA requirements. It was decided that the spaces next to Coyote were not extremely practical or convenient but that they did comply with the basic ADA requirements. They have acceptable paths of travel if those paths remain unobstmcted. For the spaces adjacent to Coyote, there are two (2) paths of travel. One is through the Coyote Restaurant outdoor courtyard. The second is the walkway on the north side of the building. Neither of these routes require the disabled to access the center behind parked cars. If the disabled customer is unable to access the center through the Coyote courtyard, the second access may be used. We would agree that is less than convenient than the previous location for the spaces. However, convenience is not a determining factor for compliance purposes. It was agreed that fairly substantial improvements would need to be made by the property owner if the handicap parking spaces were to relocated back to their original position adjacent to the gift shop (east entrance to center). The property owner estimate of about $20,000 in grade reduction work does not appear to be unreasonable or out of line. The Building and Code Enforcement Manager was going to recheck the code to determine if there are any requirements for location of the handicap spaces within a certain proximity/distance of all entrances to the shopping center. Based on ftirther research by the Building and Code Enforcement Manager, it was determined that Village Faire is required to have seven (7) handicap spaces. They do have the seven (7) required spaces. Per ADA requirements, accessible parking may be distributed among parking lots if greater accessibility is achieved. There are no specific requirements for equal disbursement and/or placement of those spaces. Under current Title 24 regulations, for all new projects with multiple accessible entrances, the spaces are required to be dispersed among the entrances. These requirements are not typically applied to projects retroactively. Per ADA requirements, only one accessible route within the boundary of the site is required. Per current Title 24, new projects are required to have all access points accessible to the disabled. State code for new sites and buildings is more restrictive than applicable ADA guidelines for existing sites. For current code compliance, the City Attomey would need to provide an opinion that redesigning the parking lot triggers compliance with current Title 24 requirements. Since no building permit is required for the work, there is typically no retroactive requirement applied to a reconfiguration of a parking lot. After further review with the City Attomey, a determination was made that the substantial conformance findings are adequate and no ftirther action is needed by Village Faire to amend their redevelopment permit. In addition, no ftirther action is required to comply with Title 24. (5itv of Carlsbad Housing & Redevelopment Department January 31, 2006 CATHY GARDNER ACF PROPERTY MANAGEMENT, INC. 300 CARLSBAD VILLAGE DRIVE, SUITE 108A CARLSBAD, CA. 92008-2999 RE: VILLAGE FAIRE HANDICAP ACCESSIBLE PARKING Dear Cathy: This correspondence is forwarded to you to document the substantial conformance finding related to the relocation of the handicap accessible parking spaces at Village Faire. It is my understanding based on our conversations (via e-mail and telephone) that you relocated several handicap parking spaces at the Village Faire Shopping Center in order to comply with the Americans with Disabilities Act. In comparing the approved constmction plans to the current parking lot configuration, it appears that you have recently relocated several handicap spaces. However, you have increased the total number of handicap parking spaces by two (2) spaces. You also have provided the appropriate paths of travel for each space. After reviewing the originally approved plans and the subsequent reconfigured parking lot, a determination has been made that your revised parking plan is in substantial conformance based on the following findings: 1. No project condition, feature, facility or amenity has been changed or deleted that had been considered essential to the project's design, quality, safety or ftmction. 2. The request represents an upgrade in overall design because it provides for enhanced compliance with ADA requirements. 3. The proposed revision does not change the density or boundary of the subject property. 4. The proposed revision does not involve the addition of a new land use. 5. The proposed revision does not rearrange the major land uses within the development. 6. The proposed revision does not increase the size of the development/building. 7. The proposed revision does not result in any significant environmental impact, and/or require additional mitigation. 8. The proposed change will not result in any health, safety or welfare impacts. 9. There were not major issues or controversies associated with the original project which would be exacerbated with the proposed change. The proposed revision did not result in a reduction in parking or change the vehicle circulation for the development. 10. The proposed change is not readily discemible to the decision makers as being substantially different from the project as originally approved since it involved the relocation of parking spaces, but no other design changes. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 Although a determination has been made that your project remains in substantial conformance with your approved permits and no amendment is required to the Major Redevelopment Permit for the Village Faire Shopping Center to allow for the relocation of the handicap parking spaces, it should be noted that our office continues to receive complaints regarding the relocation of the handicap spaces that were originally located on the east side of the property. The new spaces on the north side of the property are not as convenient to your handicap patrons and therefore there is a preference for at least one (1) handicap parking space to be located on the east side ofthe property (adjacent to Linda's Gifts). Your consideration of locating at least one (1) handicap parking space on the east side of the property would be greatly appreciated. If you have any questions regarding this correspondence or the substantial conformance finding, please contact my office at (760) 434-2815. I^iilcei:ely, DEBBIE FOUNTAIN Housing and Redevelopment Director January 31, 2006 TO: VILLAGE FAIRE REDEVELOPMENT PERMIT FILE RP 87-11/CDP 88-1 FROM: HOUSING AND REDEVEOPMENT DIRECTOR RE: RELOCATION OF HANDICAP PARKING SPACES In September/October, 2005, staff received complaints from the owners and several patrons of Linda's Gifts in Village Faire regarding the relocation of two (2) handicap parking spaces from the parking area immediately adjacent to the store (east side of Village Faire) to the comer of the property at Washington Street (north side of Village Faire, adjacent to Coyote Grill). Following is a summary of the conversations with Village Faire management regarding this issue and the recommended action by staff related to the matter. Cliff Jones, Assistant Planner, contacted the property manager (Cathy Gardner, ACF property management) in September/October, 2005. Mr. Jones was told that the handicap spaces were relocated to the north side of the property as a result of a lawsuit filed by a handicap advocate against the property owner and two new tenants moving into the center. Mr. Jones discussed this matter with Debbie Fountain, Housing and Redevelopment Director. Typically, redevelopment permits are not required for restriping of parking lots where there is no change in circulation, reduction in parking, or other site changes. A determination was made that Village Faire remained in substantial conformance with their approved redevelopment permit. Therefore, a permit or permit amendment did not appear to be necessary. As the result of additional complaints and a request from the City Manager's Office to ftirther investigate the situation, Debbie Fountain, Housing and Redevelopment Director, contacted the property manager (Cathy Gardner, ACF property management) via e-mail on October 13, 2005 and asked for additional information on the reasoning for the relocation of the parking space and if there were any altematives considered. In an e-mail response, Ms. Gardner restated the information that she had previously provided to Mr. Jones (see above). She stated that the action was taken in order to meet the requirements of the lawsuit and bring the property up to code. She indicated that attomeys for both sides of the lawsuit and the property owner/manager's ADA consultant determined where and what modifications were required. Ms. Gardner ftirther stated that the two ADA parking spaces outside of Linda's gifts were relocated together with the addition of ADA spaces and 3 paths of travel. She indicated that if these changes had not been made, Sonoma Valley market, Skinsational and other new businesses would not have been able to pass final inspection to open for business. Debbie Fountain checked with the City's Building Department on this matter. Both Michael Peterson and Pat Kelley of the Building Department felt that the changes met the general accessibility requirements, but agreed that they are probably not the most convenient for everyone. In response to the question regarding altematives, Ms. Gardner indicated that there were several factors that hindered the property owner's ability to place the handicap spaces outside of Linda's gifts. There is a swale in the parking lot adjacent to the parking spaces which has a slope that exceeds the 2% permitted by code. The property owner does not own 75% of the parking area in question. Village Faire parking spaces back into a public street (Washington) and are adjacent to the property/parking spaces owned by NCTD. The costs for these type of improvements would have been unreasonable in Ms. Gardner's (and the property owner) opinion. Because these improvements would be within the common area, the costs would be shared by all of the tenants. The property owner did not feel that the substantial cost for this altemative was justifiable to the other tenants. In addition, the property owner felt that the issue was appropriately addressed based on the opinions of the two expert attomeys and the ADA consultant. The property owner did not feel that it was necessary to incur the additional cost to correct the situation next to Linda's Gifts. Based on the information provided by Ms, Gardner and the City's Building Department, Director Fountain again determined that Village Faire was in substantial conformance with their approved redevelopment permit, and there was no need to process a new redevelopment permit or amend the previously approved major redevelopment permit. As a result of continuing complaints about parking at Village Faire, Debbie Fountain contacted the Village Faire property manager (Cathy Gardner) again on December 6, 2005. Ms. Fountain requested a copy of the settlement agreement and/or consultant report on the ADA parking space issue. Ms. Gardner indicated that she did not have copies of the settlement agreement and/or consultant report. She stated that we would need to contact the property owner's attomey, Jan Buddingh of Gordon Rees. Ms. Gardner ftirther stated that the attomeys for both sides walked the property and advised on what ADA modifications were needed. Apparently, both attomeys agreed that the two spots adjacent to Linda's Gifts could be relocated to the area north of Coyote Bar and Grill. She stated that, with the changes. Village Faire now has a total of eight (8) handicap parking spaces which is one (1) more than required. After a conversation with the City Attomey's Office on January 3, 2006, Debbie Fountain contacted Cathy Gardner again and asked for a copy of the revised parking plan to compare it against the originally approved parking plan. Ms. Gardner indicated in an e-mail response on January 9, 2006 that she was no longer the property manager for the center and that the center had been sold several weeks earlier. She said she would pass Ms. Fountain's information onto the new property owners/managers and have them contact me to provide the requested information. To date, this had not happened. Staff reviewed the originally approved parking plan (11/10/87) for Village Faire. The approved plan provides for a total of 193 parking spaces in the designated parking areas surrounding Village Faire. The project is bordered by Grand Avenue (north), Washington Street (east), Carlsbad Village Drive (south) and Carlsbad Boulevard (west). A total of five (5) handicap parking spaces were shown on the plans. Two (2) of the spaces were to be provided off of Carlsbad Village Drive (at south entrance to property); one (1) was provided off of each of the remaining three (3) sides of the property off of Carlsbad Boulevard (west entrance). Grand Avenue (north entrance) and Washington Street (east entrance). A site visit was completed by staff to review the revised parking plan as indicated within this memorandum. The total number of parking spaces for Village Faire as of the date of the site visit were 195. This included a total of eight (8) handicap spaces. There were 3 handicap parking spaces on the west side (Carlsbad Blvd); 3 handicap parking spaces on the north side (Grand Ave); and, 2 handicap parking spaces on the south side (Carlsbad Village Dr). There were no handicap parking spaces on the east side (Washington Street) .The total spaces under the current plan exceed the approved plan by two (2) spaces, which increased the number of handicap spaces by two (2) spaces. The handicap spaces, however, have been relocated when compared to the originally approved permit plans. In comparing the approved plans to that which was actually constmcted in the late 1980s, it appears that the constmcted parking lot was slightly different than the approved plans. The approved plans show only one (1) handicap parking space at the east entrance to the center (Washington Street). However, there were actually two (2) handicap parking spaces provided on that side of the property (prior to their relocation). Those spaces were subsequently relocated to the north side of the property and replaced with 2 regular parking spaces. Several other handicap spaces were also located in positions that were different than those shown on the originally approved permit. However, again because the handicap spaces were simply relocated, there was no change in circulation and the total number of parking spaces was actually increased, staff made the determination that the recently revised parking plan was in substantial conformance with the originally approved permit and no new permit or amendment to the previously approved permit was required by staff Per a request from the City Attomey, this memorandum to the file is intended to document the staff review on this matter. A letter documenting the substantial conformance findings was also forwarded to the property manager at Village Faire and a copy placed in the project file. Citv of Carlsbad Housing & Redevelopment Department November 23,2005 MS. ANNE TEMPLETON GDA REAL ESTATE SERVICES, LLC 8301 E. PRENTICE AVENUE, SUITE 120 GREENWOOD VILLAGE, COLORADO 80111 Re: Village Faire, located at 300 Carlsbad Village Dr. County, Califomia Gentleman: City of Carlsbad, San Diego In response to your request conceming the Project's compliance with apphcable codes, regulations and ordinances, please be advised as follows: (i) the City of Carlsbad is responsible for enforcement of building codes, zoning ordinances and similar codes or ordinances related to commercial development in the City of Carlsbad. (ii) the Village Faire is located on a property is zoned VR (Village Redevelopment) under the laws or ordinances of the City of Carlsbad, which zoning is proper for the current uses of the Village Faire and related amenities compromising the Village Faire, and accordingly the Village Faire is a conforming use. Furthermore, the buildings and stmctures compromising the Village Faire comply with applicable development codes and ordinances at the time of application. The Village Faire meets the requirements for parking originally set forth in the permit. In the event of a casualty, the Village Faire could be rebuilt with substantially the same square footage and use as what is currently on the site as of this date, but will be subject to the development standards applicable at the time of rebuild. Attached hereto as Exhibit "A' are tme copies of the applicable resolutions and staff report relating to the use, setback lines, and parking requirements for the Village Faire. Silva Title: Planning Technician 2965 Rooseveit St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 City of Carlsbad Housing & Redevelopment Department August 15,2000 LA CAZE DEVELOPMENT CO. 2601 AIRPORT DRIVE #300 TORRANCE, CA. 90505 RE: PROPERTY MANAGEMENT, VILLAGE FAIRE 300 CARLSBAD VILLAGE DRIVE, CARLSBAD, CA. Dear Carlsbad Village Faire Property Manager: Our office recently received a letter of complaint from an employee of one of the retail shops/offices within the Carlsbad Village Faire Shopping Center regarding access to the employee parking lot located north of Grand Avenue. Attached is a copy of the letter v^th a diagram of the area of the complaint. Since the subject parking lot is privately maintained by your company for the purposes of providing parking for the Village Faire Shopping Center, this complaint letter is being forwarded to you for a response and resolution of the complaint. Based on the current configuration of the subject parking lot, it does appear that there are adequate entrances and exits to the subject property off of Grand Avenue. However, City staff is aware that the area in question (access off of Washington Street) is considered to be a dedicated vehicle access esisement and probably should have access available across it without constraints due to parked vehicles. This matter is being referred to you for fiirther action as you deem appropriate. If you desire to prohibit parking in the subject area, you would need to take the appropriate action to post the prohibition and enforce it. Thank you for your attention to this matter. If you have any questions regarding this correspondence, please feel free to contact my office at (760) 434-2815. Sincerely, DEBBIE FOUNTAIN Housing and Redevelopment Director C: Sheila Yoldie, Village Faire Employee 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 City of Carlsbad Planning Departnnent April 30, 1996 Thomas Culver 1662 Via Inspirar San Marcos, California 92069 SUBJECT: CARLSBAD ATHLETIC CLUB - PRE 96-16 APN: 203-174-06 Preliminary review of your project was conducted on April 18,1996. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminarv review does not represent an in-depth analvsis of vour project. Additional issues of concern mav be raised after your application is submitted and processed for a more specific and detailed review. 1. The subject site is located within the City's Village-Redevelopment Zone and therefore is primarily under the jurisdiction of the City's Housing and Redevelopment office whose responsibilities include implementation ofthe Village Design Manual. The comments below need to be pursued further with direct involvement of Redevelopment staff. 2. The designated use for the subject suites, #105 and 106 within Village Faire, Is for visitor serving commercial uses. This Is primarily due to the center's coastal approvals for its development. An exclusive club such as the proposal submitted would not qualify as an allowed use. These particular suites are in a prime pedestrian circulation path being located at the periphery of the ground level circular water feature within Village Faire. The coastal designation for visitor serving commercial is specifically for ground floor/first floor uses. Until a Local Coastal Program amendment is formally adopted allowing different land uses, Planning could not support this proposal unless the use qualified as a true visitor serving commercial use within the coastal zone. Visitor serving commercial types of applications of an athletic club use may include features such as a tourist drop-in program, or special arrangement for time share holders in the area, a visible program of interactive opportunities for children, shoppers' specials, etc. 3. Another area of concern for Planning staff is the parking scenario at Village Faire where parking intensive uses like health clubs/classes and restaurants may outnumber retail uses and cumulatively cause a parking problem at the center. The issue of allowing a parking Intensive use is tied to the overall center's parking supply and mix of retail and other uses. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 CARLSBAD ATHLETIC CLUB - PRE 96-16 April 30, 1996 Paoe 2 More discussion is needed with staff on these two critical issues: (1) qualifying the proposed use as a visitor serving commercial use on the ground floor of Village Faire; and (2) properly assessing the parking requirements of the proposed use against the parking resources and mix of uses at Village Faire. Please contact Eric Munoz ofthe Planning Department at (619) 438-1161, extension 4441 and Debbie Fountain of the Housing and Redevelopment Department at 434-2935 with any questions and/or to pursue this project's potentials further. GAR/ E. WAYNE Assistant Planning Director GEW:EM:kr c: Bobbie Hoder File Copy Data Entry Don Neu, Senior Planner Clyde Wickham, Project Engineer Debbie Fountain, Housing and Redevelopment Citv of Carlsbad Housing & Redevelopment Department January 25, 1994 Catheryn F. Christensen 2810 Carisbad Boulevard Carlsbad, CA 92008 RE: Village Faire Shopping Center Public Parking Lot Ground Lease Dear Ms. Christensen: The office of J.E. Robert Companies has requested that we forward to you the enclosed Estoppel Certificate and Agreement on the change of ownership affecting the Ground Lease between you and T.I.O., Ltd./T.I.L., Ltd. (aka "Village Faire Shopping Center"). You will be contacted by Mr. Bob Burke representing the Village Faire Shopping Center for your signature on the Estoppel document. Please call me at (619) 434-2817 if you have questions. Sincerely, Clinton A. Phillips, Jr. Senior Management Analyst Enclosures c: Carlsbad Housing and Redevelopment Office 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 J.E. ROBERT COMPANIES 12100 Wilshire Blvd., Suile 1200 Los Angeles, California 90025 Tel. (310)442-1600 Fax. (310) 442-1670 January 11, 1994 VIA CERTIFIED MAIL Ei ri:v cf C City of Carisbad 1200 Elm Avenue Carlsbad, CA 92008-1989 ATTN: Mr. Chris Salomone RE: Ground Lease between Catherine F. Christensen Trust and T.I.O., Ltd./T.I.L., Ltd. Dear Mr. Salomone: Enclosed please find an Estoppel Certificate and Agreement for the ground lease in reference to Catherine F. Christensen Tmst and T.I.O., Ltd./T.I.L., Ltd.. As stated in the recitals, WHC-THREE Investors, L.P. ("WHC") has acquired a loan from City National Bank that is secured by, among other things, the leasehold interest in the Leasehold property. WHC has requested that the Lessor make certain certifications to WHC as a condition to the acquisition of the loan. These agreements need to be executed and retumed to me by January 21, 1994. I have asked Bob Burke of T.I.O., Ltd./T.I.L., Ltd. to coordinate the signing of the agreement. Should you have any questions, please feel free to contact me at (310) 442-1616. Thank you in advance for handling this matter. Sincerely, By Eighth JER Investment Management, Inc. For WHC-Three Investors, L.P. Mary Lee R. Brendsel Asset Manager Enclosure cc: Mr. Bob Burke Page 1 of 1 • # City of Carlsbad Planning Department June 30, 1993 Barbara Holasejk Village Faire Specialty Shopping Center P.O. Box 1575 Carlsbad, CA 92008-0262 SUBJECT: VILLAGE FAIRE SIGN PROGRAM - RP 87-11 Thank you for your assistance in updating the sign program for Village Faire, your cooperation is appreciated. After our discussion on June 16, 1993, it seemed that a letter summarizing our objectives and action plans was warranted. Review of the existing comprehensive sign program (copy attached) by the Plarming Department has identified several issues that need to be addressed. In summary, the sign program should be revised to reflect the appropriate existing signage scenario and to incorporate the changes recommended below. 1. Currently, there are several non-conformities in the form of window neon signs, awning signs, and signs located away from the suite entrance or frontage. The existing sign program does not allow these signs. Therefore, the sign program needs to be revised and/or the non-conforming signs must be removed. 2. To clarify the signage allowances for the various tenants within the center, it may be helpful to separate the sign criteria for interior suites and exterior suites. The Planning Department is more concemed with the signage facing the exterior of the center than with the interior courtyard signage. The sign program should be revised to fully explain the latitude in types and locations of signs proposed within the interior courtyard area. If interior suite(s) are proposed to be allowed exterior signage (such as Cycle Ski 8c Sports), the mechanism for allovmig these signs and the potential size, style, and location of these proposed signs should be identified. 3. Special provisions, such as major tenant signage, second story exterior signage, and directory signage, should be treated separately from the interior/exterior allowances. The adjusted criteria should also discuss illuminated trim, such as currently displayed by Coyote Bar & Grill. 4. Since the definition of major tenant is rather liberal, there are concems about the potential proliferation of neon or intemally illuminated signs along the exterior of the center. The definition of "major tenant" needs to be revised 2075 Las Palmas Drive • Carlsbad, California 92009-1576 - (619)438-1161 ^ VILLAGE FAIRE SIGN PROGRAM JUNE 30, 1993 PAGE 2 to include quantitative criteria (such as minimum square footage, frontage, etc.) only. The existing qualitative definition for a major tenant is not acceptable. In addition, all second story exterior signs should be of the sandblasted redwood style, regardless of tenant status. The second floor suites also include those that front on Carlsbad Boulevard. This restriction would not affect any of the existing second story signs since they are all sandblasted redwood. 5. A map of the center should accompany the sign program. This map would identify the location of the existing major tenants, all monument signs, and any special sign locations. Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions or would like to set up a meeting to discuss possible revisions. Sincerely, MICHAEL GRII Assistant Plarmer Attachment c: Adrienne Landers Anne Hysong Eric Munoz Debbie Foiijitain File Copy MG:vd RP8711.1tr VILLAGE FAIRE Spec/0y Shopping Plaza 9^N CRITERIA Comprehensive Sign Program Village Faire Speciality Shopping Plaza Carlsbad Village Drive and Carlsbad Boulevard Carlsbad-Village-by-the-Sea, California This criteria has been established for the purpose of maintaining a continuity of aesthetic quality throughout the Village Faire Speciality Shopping Plaza for the mutual benefit of all, and to comply with the regulations of the City of Carlsbad. Conformance will be strictly enforced, and any installed non-conforming or non-approved signs must be brought into conformance or immediately removed at the expense of the tenant. These standards and criteria pertain to all signage throughout the site as indicated. A. Common Sign Criteria 1. All tenants will be permitted one (1) directory sign per entrance and one (1) hanging sign per elevation. 2. Each Tenant shall submit or cause to be submitted to the Owner for approval, prior to fabrication, four (4) copies of detailed drawings indicating the location, size, layout, design, color illumination, materials and method of attachment. 3. All City of Carlsbad required permit approvals shall be obtained prior to sign installation by the Tenant or his representative. Approval or disapproval of sign application submitted for permit shall be based on prevailing City codes and the approved Comprehensive Sign Program criteria for the site. 4. Approval or disapproval of sign submittals based on aesthetics of design shall be at Landlord's sole discretion. 5. All Tenant signs shall be constructed and installed at the Tenants' expense. 6. Tenant shall be responsible for the installation and maintenance of their sign. Should Tenant's sign require maintenance or repair. Landlord shall give Tenant 10 days written notice to affect said maintenance or repair. Should Tenant fail to do same. Landlord shall undertake repairs and Tenant shall reimburse Landlord within five (5) days from receipt of invoice. 7. No sign shall be posted on any public or private light pole, on any post, pole, or structure supporting traffic control sign or signal, or in the public right-of-way. This does not apply to parking lot or traffic control signs. Effective: 10 May 89 PAGE 1 VILLAGE FAIRE Specify Shopping Plaza S^N CRITERIA 8. No sign shall be posted on any tree, bush or other vegetation. 9. No sign shall be posted on property in a manner which: (a) Obstructs motorists' clear view of vehicular or pedestrian traffic, traffic control sign or signals; (b) Impedes a pedestrians' free use of the sidewalk or walk ways; (c) Or otherwise represents a hazard to vehicular or pedestrian traffic. 10. All companies bidding to manufacture these signs are advised that no substitutes shall be accepted by purchaser whatsoever, unless so indicated in the specifications and approved by Landlord and Tenant. purchaser's refusal to accept same. All manufacturers are advised that prior to acceptance and final payment. each unit will be inspected for conformance by an authorized representative of said business site. Any signs found not in conformance will be rejected and removed at the Tenant's expense. B. General Specifications The intent of the following specifications is to offer the Tenant both identity and aesthetic quality which benefits the Tenant and the project. The General Specifications are: 1. All signs and their installation shall comply with all local building codes and the provisions of this Comprehensive Sign Program. 2. No animated, flashing or audible signs will be peumitted. 3. All Non Illuminated Signage shall be located in lighted channel or on wall space where channel is not provided and use painted blanks, or equivalent, available from Tenant's contractor. 4. Each sign is permitted one logo which can be of different colors other than the lettering. Logo height shall not exceed letter height used. 5. No fluorescent colors will be permitted on signs. 6. Sign boxes and cans will not be permitted. 7. All sign colors will be approved or disapproved on a case-by-case basis. Effective: 10 May 89 PAGE 2 VILLAGE FAIRE Specify Shopping Plaza 9#N CRITERIA 8. All electrical connections, conduits, apparatus, etc. shall be concealed. 9. Size Specifications as follows: Size will not exceed .5 square feet per lineal foot of building frontage. Example: Twenty lineal feet of leased frontage permits a 10 square foot sign. 10. Major Tenant Signage (a) For purposes of sign criteria classification, a major Tenant in Village Faire is identified as a Tenant whose recognizable logo, name identification, or square footage usage has a significant effect on the economic impact to other Tenants and the Village Faire project as a whole. The general partner will be the sole determiner of major tenants and will provide a letter to that effect to City of Carlsbad Planning Director. (b) Major Tenants will be allowed, in lieu of lianging signs, wall mounted signs as follows: 1) Neon, 2) Reverse channel, or 3) Individual Channel Letters. Design must be in keeping with the Center and will be considered on a case-by-case basis. Logos will be considered on a case-by-case basis, logos will not exceed 20% of total sign length as shown on the attached drawings. C. Monument Signs 1. Individual monument signs will not be allowed for separate Tenants. 2. Identification on monument signs is available for Tenants with Tenants responsible for all production •co^ts and permit fees as well as monthly fee. Such monument Signage for Tenants is limited in availability and therefore is strictly on a first come, first serve basis. Landlord will provide permission letter to City of Carlsbad Planning Director. D. Window and Door Signs Each Tenant shall be permitted to place upon each entrance of its demised premises not more than one hundred forty-four (144) square inches of vinyl in approved colors (black, blue, white), not to exceed two (2) inches in height, indicating--hours of business, emergency telephone numbers, etc. Effective: 10 May 89 PAGE 3 • VILLAGE FAIRE Specif/ Shopping Plaza S0N CRITERIA E. Temporary Signs/Promotional Signs 1. General: (a) No temporary or promotional signage is allowed on the premises. (b) No portable signs, merchandise, or any other sale material shall be placed upon any public property, common areas or private streets. (c) No illuminated signage shall be placed upon Lessees' premises so as to be visible from the exterior. F. Indemnity 1. Sign contractor shall repair any and all damage to any person(s) or property caused by his acts or omissions or the acts or omissions of his agents, employees or subcontractors. 2. Tenant shall be fully responsible to the Landlord for any such damage caused by Tenant's sign contractor or his employees, agents or subcontractors, and shall indemnify and hold Landlord harmless from same. G. Guarantee 1. Entire display shall be guaranteed by Tenant's sign contractor for one (1) year from date of installation against defects in material and workmanship. Defective parts shall be replaced without charge by the Tenant's sign contractor. 2. Landlord shall have the right, after 10 days notice, to Tenant to repair any defective or broken sign and bill Tenant for all costs relating thereto. Said cost shall beepme additional rent and failure to pay same shall give Landlord all the rights relating to failure to pay rent provided for therein. H. Installation 1. Tenant's sign contractor shall completely install sign display at sign location stipulated by Owner. 2. All electrical work to be performed by a licensed electrical contractor. I. Inspection 1. Landlord reserves the right to hire an independent electrical engineer (at Tenant's sole expense) to inspect the installation of all Tenant's signs and to require the Tenant to have any discrepancies and/or Effective: 10 May 89 PAGE 4 VILLAGE FAIRE Spec#fy Shopping Plaza CRITERIA code violations corrected at Tenant's expense. J. Enforcement 1. If a sign is posted in violation of the provisions of these regulations, the Landlord shall cause notice to be given to the responsible party of the location of the subject sign, the nature of the violation, and the remedial action necessary to correct the violation. Such notice may be given by personal contact, telephone, mail, or other manner reasonably calculated to provide such notices. 2. If any such sign is not removed or corrected within seventy-two (72) hours of notification so as to remedy the pertinent violation, the Landlord is authorized to cause such sign to be removed. In any case where the responsible party cannot be notified or identified or where the subject sign is so posted as to create a hazard which poses a peril to pedestrian or vehicular traffic, the Landlord is authorized to cause the subject sign to be removed immediately. 3. Whenever the City of Carlsbad removes a sign, the cost incurred by the City in removing such a sign shall constitute a debt owed to the City by the responsible party. The City Manager is authorized to take such action as may be deemed necessary, including the commencement of a civil action in a court of competent jurisdiction to recover any such cost. 4. Maintenance and repair of Tenant's signs shall be enforced per Paragraph A 6. •k-k-k Effective: 10 May 89 PAGE 5 POST OFFICE BOX 1575 November 20, 1989 Dee Landers Assistant Planner City of Carlsbad, Planning 2075 Las Palmas Carlsbad, CA 92009-4859 Dear Dee, CARLSBAD, CALIFORNIA • 92008-0262 • 619-434-3522 • As a result of my conversation with Chris Salomone, Redevelopment Director for the City of Carlsbad, and in compliance with the agreement for the issuance of the building permits for the Grandville Gourmet Market, I am herein confirming our position that the Grandville is a market and deli and that we will limit the number of deli tables as per the plans submitted and approved. Thank you for your assistance in clarifying this matter. Jim McNeill JM: jb ITEM 2 INFORMATION ITEM DATE: NOVEMBER 15, 1989 TO: DESIGN REVIEW BOARD FROM: DESIGN REVIEW BOARD SUBJECT: RP 87-11 - VILLAGE FAIRE - ARCHITEGTORE OF PROPOSED RESTAURANT. FOOD SERVICE USE EXCEEDING 2000 SQUARE FEET. A. ARCHITECTURE OF^EBDEQSEP-EESlAmMX The developers of the proposed Village Faire project have submitted to the Planning Departinent architectural renderings with a southwestern design element of the proposed restaurant at the northeast corner of the project. Planning staff have determined that the renderings are a substantial change from the approved project's Victorian atmosphere. While staff recognizes the need for a freestanding structure to establish its own identity, the need for a balanced harmony of design is just as necessary in a mixed use project like the Village Faire. Anomalous design serves the purpose of an advertising billboard and will distract from the other uses. B. FOOD SERVICE USE EXCEEDING 2000 SQUARE FEET A tenant improvement has been submitted for the Grandville Gourmet Market. Review of the building plans has led the Planning Department to conclude that the use includes food service. Condition 23 of Design Board Resolution No. 106 for the Village Faire states "The maximum square footage permitted for any food service use...shall not exceed 2000 square feet". The area of the tenant improvement exceed 2500 square feet, although less than 2000 square feet is devoted to exclusively food service uses. Food service uses are significant, but incidental to the gourmet market service provided on site, as given evidence by a recent site visit by Redevelopment staff to a Grandville Gourmet Market. Furthermore, the staff report for RP 87-11, Village Faire (page 4, dated 10/21/87) states, "This was based, however, on the condition that the maximum gross floor area of any food service use/restaurant would be 2000 square feet. This would preclude another full scale restaurant... from developing on the site". 4 September 14, 1989 POST OFFICE BOX 1575 • CARLSBAD, CALIFORNIA • . 92008-0262 • 619-434-3522 • Ralph Burnett 390 Grand Avenue Carlsbad, CA 92008 RE: Parking Lot on North Side of Grand Avenue Dear Mr. Burnett: It has come to our attention that there may be some misunderstanding concerning the property rights and use of the parking spaces adjacent to Ralph & Eddie's and Jolenco Construction on the north side of Grand Avenue. Pursuant to the direction of the City of Carlsbad, those parking lots are leased by the Village Faire for the parking of its patrons. The landscape areas surrounding the parking lot are also part of the lease premises. It has come to our attention, and the attention of the City of Carlsbad, that some fencing has beerr placed on this property and that vehicles other than those for Village Faire patrons are using the parking premises. This letter is to advise you that the parking lots are restricted for the use stated above. If it is your desire to use any portion of the parking lots for the parking of your personal vehicles or those of your employees,- the Village Faire would probably be amenable to allowing a reasonable amount of such use provided that a prorata share of the cost of leasing the parking lots was paid for by yourselves or your employees. In the absence of any such agreement, no such vehicles will be allowed to park in those parking lots. Again it is not our desire to be arbitrarily or unfair, however, the conditional use permit granted by the City of Carlsbad requires that these spaces be available for the patrons of the Village Faire. Also, the City advises us that the fence which has been put up is not a proper one and must be removed forthwith. Therefore we have no alternative as lessees of the parking lot than to require that you comply with the cities request. We are not unmindful for your reasons for putting the fence up, however we have no other alternative but to ask that the fence be removed immediately. By way of a copy of this letter, we are advising Jolenco Construction of the status of this matter. (^6 _ :enneth E. Reed House Counsel KER:jb cc: Jolenco Construction 4 June 13, 1989 TO: FROM CHRIS SALOMONE, REDEVELOPMENT MANAGER DOUG DUNCANSON, PARKS SUPERINTENDENT REPLACEMENT TREE FOR VILLAGE FAIRE PROJECT The older Eucalyptus tree at the south west corner of Washington and Grand has been removed with the concurrence of the Parks and Recreation Department. It is my understanding that the removal was approved through the Engineering and Planning Departments, it is a real shame that such a large specimen tree needed to be removed. An adjacent Eucalyptus tree was removed approximately three (3) years ago because of a diseased root system. The remaining tree was showing some signs of the same disease patterns. Therefore the tree would potentially require removal in the near future. The diseased root system would weaken the tree creating an unsafe condition. It is appropriate that the tree was removed during the construction process. Removal of the tree at a later date would be a much more controversial subject. The large Eucalyptus tree shouid be replaced with a specimen 60" box alternate tree. The selected tree should be reviewed and approved by the Parks and Recreation Department. It is important to select a species of tree that is resistant to the Armillaria Root Rot disease. c: David Bradstreet, Parks and Recreation Director Frank Mannen, Assistant City Manager Bill Baldwin, Redevelopment Consultant HARSHBARGER CONSTRUCTON CORPORHTON June 2, 1989 Att: Dee Landers Re : ("^i/ivUge^Faire ^ Dear Dee Landers: As you are aware, we have been instructed by both your engineering and traffic departments to remove the large Eucalyptus tree at the corner of Grand and Washington and replace it with a 60 in. box tree. In keeping with the project, we will be using a Ficus Florida tree. If you have any questions regarding this matter, please contact me at (619) 438-1159. Sincerely, HARSHBARGER CONSTRUCTION CORPORATION Clifford Moyer Project Manager RO. Box 570, Mammoth Lakes. California 93546 • (619) 934-6805 • FAX (619) 934-3714 5928 Pascal Court, Suite 310, Carlsbad, California 92008 • (619) 438-1159 • FAX (619) 438-0209 HARSHBARGER CONSTRUCTON CORPORRTON o January 6, 1989 Patty Cratty City of Carlsbad Redevelopment Department 2965 Roosevelt, Suite B Carlsbad, CA 92008 Dear Patty: This letter will confirm that on January 21, 1989, the work of Harshbarger Construction Corporation, i.e., curbs, sidewalk repair, and drive approaches on the north side of Grand Avenue between Carlsbad Boulevard and Washington, will be complete. At that time, as agreed between your department and North County Transfer, the bus transfer station in the above referenced block can be moved to the north side of the street, as well as all appurtenances and organization of any other work necessary, such as curb painting. Thank you for your cooperation in this, and if you have any questions, please call me. Sincerely, HARSHBARGER CONSTRUCTION CORPORATION Clifford Moyer Project Manager CM/prf RO. Box 570, Mammoth Lakes, California 93546 • (619) 934-6805 • FAX (619) 934-3714 5928 Rascal Court, Suite 310, Carlsbad, California 92008 • (619) 438-1159 • FAX (619) 438-0209 CERTIFIED MAIL September 28, 1988 Mrs. Kay Christensen Post Office Box 188 Carlsbad, CA 92008 POST OFFICE Box 1575 • CARLSBAD, CALIFORNIA • 92008-0262 • 619-434-3522 • RE: Ground Lease dated April 21, 1988 between Kay Christensen & T.I.O - T.I.L, a California Limited Partnership Dear Mrs. Christensen: Pursuant to Section 3.2, Section 4, and Section 6.2 of the aforementioned Lease, notice is hereby given that the commencement date of the Lease is September 19, 1988. In accordance with Section 4.1 of said Lease, a check is enclosed covering the amount of prorated rent from the commencement date of the rent to the first day of the full calendar month, together with the first full calendar month of the term as prescribed. In accordance with Section 4.1, future payments will be made by the lOth of each calendar month and sent to the existing address. Best regards. S. W. Densham General Partner SWD:djm End. cc: Robert B Burke Chris Salomone, City of Carlsbad r CERTIFIED MAIL A (ViiucE POST OFFICE BOX 1575 • CARLSBAD, CALIFORNIA • 92008-0262 • 619-434-3522 • September 28, 1988 Mr. Ralph F. Burnett 390 Grand Avenue Carlsbad, CA 92008 RE: Ground Lease dated April 21, 1988 between Ralph F. Burnett & T.I.O - T.I.L, a California Limited Partnership Dear Mr. Burnett: Pursuant to Section 3.2, Section 4, and Section 6.2 of the aforementioned Lease, notice is hereby given that the commencement date of the Lease is September 19, 1988. In accordance with Section 4.1 of said Lease, a check is enclosed covering the amount of prorated rent from the commencement date of the rent to the first day of the full calendar month, together with the first full calendar month of the term as prescribed. In accordance with Section 4.1, future payments will be made by the lOth of each calendar month and sent to the existing address. Best regards. S. W. Densham General Partner SWD:djm End. cc: Robert B Burke Chris Salomone, City of Carlsbad .•AMT'--; .1"-) HARSHBARGER CONSTRUCTION CORPORRTON MEMORANDUN LETTER OF UNDERSTANDING TO: Chris Salomone City of Carlsbad H SEP 2 1^'^^ H •1*V\ City o< Carlsbafi ^ 7^/ \ Housing and FROM: David L. Harshbarger SUBJECT: Village Faire - Railway Storm Dra in DATE: September 19, 1988 Chris: This memorandum references numerous discussions that have taken place over the last year with both yourself and Marty Orenyak and, more specifically, the meeting held at City offices on September 8, 1988. At that meeting, it was understood by all parties that the storm drain system (as approved) will be reimbursed via redevelopment funds for that portion that goes from the twin 48" lines under the railroad, up to the curb line of Washington Avenue. Cost of construction for that portion will be part of our streetscape bid. DLH/prf RO, Box 570, Mammoth Lakes, California 93546 • (619) 934-6805 • FAX (619) 934-3714 5928 Rascal Court, Suite 310, Carlsbod, California 92008 • (619) 438-1159 • FAX (619) 438-0209 2560 ORION WAY lj| H TELEPHONE CARLSBAD, CA 92008 M<»/\1/J M (619) 931-2141 QlitH 0f Olarlfibab FIRE DEPARTMENT July 11, 1988 Harshbarger Construction Mr. Harshbarger 5928 Pascal Court Carlsbad, CA 92008 NEIMAN'S RESTAURANT Dear Mr. Harshbarger: On July 7, 1988 we met to review the fire sprinkler installation requirements for Neiman's Restaurant. We toured the building and discussed various problems presented by the use, construction and condition of the building. We also discussed the level of protection required, the imterials that would be acceptable and altematives or requirements in lieu of protection of inaccessible areas. At the conclusion of the meeting, you requested the Fire Department provide specific standards for the sprinkler installation viiich could be included as notes on the construction plans for the "Village Faire" projects. Please include the following information in the design subnittal for Village Faire. It mist be noted that these standards refer exclusively to the installation of fire sprinklers in Neiman's Restaurant. 1. Generally, the sprinkler system shall be installed to protect all use areas and to the extent possible all blind spaces, attics, basements and overhangs. 2. Wholly unoccupied space vvhich can be conpletely separated (cut off) by means of fire rated construction may, with prior approval by the Fire Marshal, be excluded from the protection plan, provided the exclusion will in no way jeopardize the effectiveness of the sprinkler system. 3. Ihe installation shall be in accordance with the standards set forth in National Fire Protection Association Panphlet 13. July 11, 1988 Harshbarger Construction Page 2 4. Any variation from this standard with respect to methods, materials or coverage shall first be proposed in plans, specifications or amendments thereto. Please contact this office should you require additional information. MICHAEL SMITH Fire Marshal c: Fire Chief Building Official RICHARD L. FIFER Executive Director July 5, 1988 Chris Salomone Housing and Redevelopment Director City of Carlsbad 2965 Roosevelt Street Suite B Carlsbad, Ca 92008 BOARD MEMBERS ANN J. KULCHIN, Chairman City of Carlsbad SCOTT BARNETT, Vice-Chairman City of Del Mar RICK SHEA City of Encinitas DOUG BEST City of Escondido SAM WILLIAMSON City of Oceanside JOHN MacDONALD San Diego County Board of Supervisors F.H. "CORKY" SMITH City of San Marcos CELINE OLSON City of Solana Beach NANCY WADE City of Vista Dear Mr. Sai6mone: I have received and reviewed the Village Faire project as it relates to temporarily removing the bus transfer to the north side of Grand between Wasliington and Carlsbad Blvd. As currently designed there appears to be insufficient bus parking availability due to the number of driveways existing and proposed for the new site. If there were some way to combine or relocate some of these driveways perhaps we could develop a temporary solution until the depot area is complete. On the depot issue I have contacted Steve Ron at the County of San Diego Department of Public Works, and asked him to send you a draft work agreement for the development of the Transit Center. Hopefully this will be sent out shortly. If I can be of any further assistance in resolving the potential temporary relocation of the transfer location please contact me. Sincerely, Paul W. Price Director of Service Development PWP:SB cc: R. Fifer A. Kulchin V ^xs San Diego Gas & Electric ^% ^'9^^ NORTH COAST DISTRICT JURB 17 1988 ^'^N 5315 AVENIDA ENCINAS • CARLSBAO. CA 92008 ' ''^ (619) 438 6000 '• 0/^ FILE NO. PLA 520 MOPAC 56702 Mr. Cliff Moyer Harshbarger Construction 5928 Pascal Court Carlsbad, CA 92008 Dear Cliff: Subject: Village Faire Thank you for the required plans to design the gas and electric system to serve the above project. In addition to the facilities to serve your project, an overhead electric line will need to be converted to underground. The conversion will be designed in compliance with the City of Carlsbad Subdivision Ordinance. As we discussed, your new underground system will not be energized until the conversion is completed. You should be aware that all existing overhead electric facilities within the conversion area normally remain until the new underground system is completed. If these overhead facilities conflict with your new improvements and you cannot postpone the installation of those improvements until after our electric system is completed, you should notify us as soon as possible. In order to proceed with a cost estimate of the conversion required, we will need an engineering fee of $1,028.00, which includes $243.00 tax. Please send your check to our District Accountant in the enclosed envelope. This engineering fee will be applied to the total cost of the job when it is quoted at a later date. After sending us the engineering fee, we will schedule the engineering for the conversion and service to your project. Please allow twelve weeks for us to complete the preliminary design and estimate. A final estimate will be completed within two weeks after you approve the preliminary design. This cost quotation is subject to change 30 days from the date of this letter due to the increasing cost of labor and material. Pursuant to Resolution G-2716, dated February 11, 1987, effective on and after February 11, 1987, all Contributions to the utility, including Contributions in Aid of Construction (CIAC), made pursuant to the utility's tariffs shall include a cost component to cover the utility's estimated liability for Federal Income Tax resulting therefrom. Cliff Moyer -2- June 17, 1988 If I may be of further assistance or if you have any questions, please call me at the number listed below. Our hours are from 7:00 a.m. - 4:00 p.m., Monday through Friday. Sincerely, Michele Jones Service Planner Telephone: (619)438-6048 /kk Enclosures cc: District Accountant City of Carlsbad Neiman's Restaurant STEPHEN M. L HEUREUX ATTORNEY AT LAW 810 MISSION AVENUE. SUITE 201 POST OFFICE BOX 458 OCEANSIDE. CALIFORNIA 92054 TELEPHONE (619) 722-1306 April 13, 1988 Mr. Chris Salomone Director, Department of Housing and Redevelopment CITY OF CARLSBAD 2965 Roosevelt St., Ste. B Carlsbad, CA 92008 Re: The Village Faire RP 87-11 - Resolution 097 Dear Mr. Salomone: This letter is to memorialize a number of decisions reached at the meeting of April 11, 1988 between yourself, Assistant City Attorney Ron Ball, Steve Densham and myself as to the meaning and implementation of Conditions No. 11, 36, 46 and 47 of Resolution 097. At the meeting there was a general consensus that the first sentence of Condition No. 11, dealing with the establishment of a tenant's association and "corresponding covenants, conditions and restrictions," is unclear, and perhaps is not needed in this factual context. Nevertheless, there was agreement that the true concern of the City is expressed in the last sentence of the Condition dealing with all deliveries being made prior to 10 a.m., and that the employees park off-site or in the Grand Ave. parking lot. As to Condition 36, the parties recognized that since all of the property is owned by the same entity, there may be legal problems in granting access easements as are apparently contemplated by that Condition. Acknowledging that it is not the City's intention to withhold building permits over these two relatively minor issues, it was agreed that my submittal to you and Mr. Ball of a draft Agreement providing a mechanism to address these issues will be sufficient at this time so that the parties can defer final resolution until a time prior to occupancy. Accordingly, please find for your review a modified draft of the Agreement that was discussed at the meeting. I have included the additional language suggested by Mr. Ball that the Agreement will not be substantially modified without the consent of either the Redevelopment Director or the City Attorney, and that the City Mr. Chris Salomone Page 2 April 13, 1988 reserves the right, but is not otherwise obligated, to enforce any of the terms and conditions set forth in the Agreement. Further, this letter will acknowledge on behalf of the applicant that by allowing it to obtain a building permit without the final resolution of these issues, the City has not in any way waived or relieved the applicant of the duty of complying with either of these two conditions, nor shall it in any way obtain any vested right by being allowed to proceed with construction prior to the execution of the Agreement, or otherwise resolving these issues to the satisfaction of the City. Condition 46 is to be satisfied by the applicant's execution of a standard Engineering Department hold-harmless agreement which will be obtained from them. Condition 47 requires that prior to the issuance of the building permits, certain encroachments easements are to be granted to the City of Carlsbad. Inasmuch as these easements and their legal descriptions need to first be prepared by the Engineering Department, it has been agreed that if they are not otherwise available at the time that the applicant seeks its building permit, then this condition will be deferred until the easements have in fact been prepared. At that time the applicant will be required, after appropriate review and approval, to execute the same and deliver them to the Engineering Department for recordation. If any of the matters set forth in this letter are not in accordance with your understanding, or that of Mr. Ball's, please contact me immediately. Otherwise, the applicant will conclude that insofar as the above enumerated conditions are concerned, they will be handled as set forth in this letter. Finally, this will confirm that the leases for the Grand Ave. parking lot have been fully negotiated and, except for some minor revisions that you wish to have reviewed by the City Attorney's office, the documents are in a form ready for signature. In light of this, the fact that these leases may not be signed by the time that the applicant requests its building permit, will not delay or otherwise prevent the issuance of the permit, as the execution of these leases are now totally outside the applicant's control. Mr. Chris Salomone Page 3 April 13, 1988 Thank you for your continued assistance and help with this project. Very truly yours, Stephen M. L'Heureux SML:ck Enclosure cc. with enclosure: Ronald Ball Steve Densham MARCH 18, 1988 TO: REDEVELOPMENT DIRECTOR FROM: DEE LANDERS D\r SUBJECT: RP 87-11, JviLLAGE FAIRE City ot Carlsbad Housing and Planning and Engineering staff is currently reviewing the proposed grading plan for Village Faire. In reviewing the approved conditions there are several items that are still unclear. Please send a written memo giving us direction on the following items: 1. Grand Avenue Parkina Lot. I understand there has been a change in the proposed lease agreement but I am unaware of the final outcome. Would you please send me a summary of the agreement for the staff report and a copy of the lease for the file. 2. Bus Transit Relocation. Condition No. 39 requires the applicant to make design provisions for a bus transfer station (to accommodate four buses) on Grand Avenue if an agreement has not been reached with North County Transit. Please send us some form of verification that this has taken place. 3. Local Coastal Development Permit. At this time I am beginning to prepare the coastal permit, however, I need written direction from you regarding the Coastal Commission's decision on the Local Coastal Plan amendment. You should be aware that during the first review of the grading plan the applicant redesigned a section of the Carlsbad Boulevard parking lot. In addition, the parking requirement was short by 15 spaces. This means unless the plan is redesigned to comply with the approved plan that it would have to go back to the Design Review Board as an amendment. I would appreciate having a written response from you on these issues as soon as possible. This will allow an expeditious processing of the plans. In the meantime, I will continue working on the coastal permit. AL:af c: Marty Orenyak Michael Holzmiller Mike Howes Walter Brown HOUSING AND REDEVELOPMENT REDEVELOPMENT OFFICE 2965 Roosevelt Street Suite B Carlsbad, CA 92008 (619) 434-2811 QlttQ 0f (Earlabaa February 25, 1988 Stradling, Yocca, Carlson and Rauth Attn: Tom Clarke Union Bank Building Suite 1600 Newport Beach, Ca. 92660 SUBJECT: CHANGESTOimSE AGREEMENT VILLAGE FAIRE PROJECT The following are the suggested changes to Ground Lease between Catherine F. Christiansen and T.I.O-T.I.L.(revised copy dated 02/20/88, 2730r/2410/00). 1. Note; All changes are minor, none a deal breaker, respect your advice on them. 2. Same changes apply to lease with RALPH BURNETTE insert 4200 square feet for parcel size. Page 1: 1.1 General. followinq, square feet of land... add subject to verification Page 2: 4.1 Rent. followina. Commencement Date the sum of, add; ($5,126) per month... followina. Section 4, for a minimum annual rent of, add: ($61,512)... followina. Commencement Date together with..add: first full calendar... Page 14: 5.2 Exclusions. Add; Tenant pays only increase in taxes caused by its use. Page 16: Approval of Plans: Delete: Within fifteen (15) days after the Effective Date,... Add; Tenant shall deliver to the City sufficient complete sets of detailed.... Page 17: Add; ...Building Plans within 180 days from the.... Page 20: Utilities; Delete; ...word effective on first line and replace with; commencement. Followina: Tenant shall install...delete; on the premises. TOM CLARKE STRADLING, YOCCA, CARLSON, AND RAUTH FEBRUARY 25, 1988 PAGE 2 Page 25; 11.1 Liability Insurance; Replace wordina: "five million" to read one million. Page 26: 11.2 Propertv Insurance; Delete section,. Page 28; 12.1 Non-Termination and Non-Abetment. Add; Unless aforementioned renders premises totally unusable. Page 41: Intentionally Omitted: ? Page 44; Intentionallv Omitted; ? Page 46; Attomev's Fees; ? Each party pays its own fees ? Page 50; Signature Block for Tenant should read as follows; "TENANT" T.I.O. - T.I.L., a Califomia limited partnership By; DHW. GENERAL PARTNER By; Robert B. Burke Stephen W. Densham David L. Harshbarger SIGNATURE BLOCK ON BURNETTS! T.TCAST!; By: RALPH F. BURNETTE, JR. STHADLING, YOCCA, CARLSON 8C RAUTH FRITZ R. STRADLING NICK E. YOCCA C. CRAIG CARLSON WILLIAM R. RAUTH III K. C. SCHAAF RICHARD C. GOODMAN JOHN J. MURPHY THOMAS P. CLARK, JR. BEN A. FRYDMAN DAVID R. M<:EWEN PAUL L. GALE RUDOLPH C. SHEPARD ROBERT J. KANE M. D. TALBOT BRUCE C. STUART DOUGLAS F. HIGHAM E. KURT YEAGER ROBERT J. WHALEN ROBERT E. RICH PETER J. TENNYSON THOMAS A. PISTONE SCOTT E. M'CONNELL RANDALL J. SHERMAN BRUCE W. FEUCHTER MARK J. HUEBSCH KIRK F. MALDONADO KAREN A. ELLIS ELIZABETH C. GREEN ERNEST C. BROWN BRUCE O. MAY PEOI A. GROUNDWATER DONALD J. HAMMAN MICHAEL A. ZABLOCKI JOHN J. SWIGART, JR. NEILA R. BERNSTEIN CELESTE STAHL BRADY CHRISTOPHER J. KILPATRICK MARK W. DUVOISIN V. ALAN BERGFELD JOEL H. GUTH JULIE M. M=COY« DAWN C. HONEYWELL LAWRENCE B. COHN PERRY J. TARNOFSKY ROBERT A. WILSON JOHN D. STEINBERG ROBERT C. FUNSTEN • MCMBCR OF TEXAS BAR ONLY A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 660 NEWPORT CENTER DRIVE, SUITE ISOO POST OFFICE BOX 7680 NEWPORT BEACH, CALIFORNIA 92060-6441 TELEPHONE (714) 640-7035 JOHN E. BRECKENRIDGE RENA C. STONE or COUNSEL TELECOPIER (7I.») 6.40-7332 (714) 840-7335 January 21, 1988 Mr. Chris Salomone City of Carlsbad Redevelopment Agency 1200 Elm Avenue Carlsbad, California 92008 BY FEDERAL EXPRESS Re: Village Faire Ground Leases Dear Mr. Salomone: Pursuant to Tom Clark's instructions, enclosed are drafts for the two above-referenced ground leases for parking lots. After you have had an opportunity to review these drafts, please do not hesitate to call Tom or me at your convenience. Sincerely, M. D. Talbot MDT/ro enclosures c - Thomas P. Clark, Jr., Esq.(w/encls.) Celeste S. Brady, Esq.(w/encls.) f (VILLAGE fAiRE) POST OFFICE BOX 1575 • CARLSBAD. CALIFORNIA • 92008 - 0252 • 619 /434 -3522 September 30, 198? Kay Christiansen Fennel & Christiansen Realtors 2796 Carlsbad Blvo. Carlsbad, Ca. 92008 Dear Kay, Thank you for taking the time to meet with me yesterday regaraing the possible leasing of your property. As a result of meeting with you I would like to ask you to consider the following: 1. I believe I understand your strong desires to provioe the Carlsbad Historical Society an income stream that will insure that that group can carry its function into the future. To that end, I'd think you'd agree, that a lease arrangement with The Village Faire will see your wishes come to fruition in the shortest period of time. 2. I would like you to consider accepting the lease terms that you had originally outlined in your letter of September 19&6. They are as follows: Rent - The minimum monthly rent for both parcels would be $^500 per month with an annual cost of living adjustment adjustment at the beginning of the third year and each year thereafter. This is a 9% annual, 9.5% effective return on a $23 per sqft. lana value. As we both know lana is only as valuable as what can be built on it. The parcel that the city purchased for $26 is a square, more easily developed parcel. We haa the Twin Inns property listea for sale, as you are aware, ana receivea no offers near $26. The irregular configuration of your two parcels causes poor utilization for parking i.e.; two ariveways are requirea, back-up areas, larger than normal aisleways etc. We both know the current political situation in Carlsbaa is making it less attractive to potential users of your parcels for who knows how long. Term- 1 woula like to have a lease for a perioa of forty-nine (^9) years. Obviously there are many ways to structure the initial term ana extensions, ana I woula work to cooperate with your aesires. Lease Commencement Date - The lease commencement wouia be contingent on all necessary approvals, construction financing ana the issuance of occupancy permits from the City. In short, we woula start paying the monthly rent when we began using the property. Other - The sections covering Premises, Increase in Taxes, Maintenance & Utilities, Improvement of Premises, Assignment & Subletting, Indemnity and Structure are acceptable as presented. These would be workea out with the City in the sublease. Kay, you ana I have been involvea in many activities together in Carlsbad, and I feel we share a common purpose. I feel we both have a window of opportunity to see our visions bear fruit. I would ask you to strongly consider my proposal in that light. Sincerely yours, C S.WI Densham General Partner cc/ C. Salamone October 22, 1987 Mr. Chris Salomone Director of Redevelopment City of Carlsbad 2965 Roosevelt Street Suite B Carlsbad, CA 92008 Dear Chris: As you will recall, at our last meeting we discussed the Grand and Washington transfer point and alternatives. At the meeting, it was agreed that the Lutheran Home site and the existing transfer point location were the only viable locations in the short term, and that you would be in contact with the Lutheran Home to explore that option. On October 13, I received a call from Ms. Cratty, in your office. Apparently, the Lutheran Home is opposed to relocation of the transfer point to that site. Based on this information, and our previous meeting, NCTD plans to continue to use the Grand & Washington site for the time being, unless the City has additional alternatives to explore. In the longer term, if Prop. A passes on November 3, we will start planning for the possible use of the Depot site as a new, permanent transfer point, per our discussion. Please let me know if the City has some additional proposals on this subject. Sincerely, Thomas Lichterman Manager of Operations and Planning cc: Ann Kulchin Richard Fifer Paul Price TL:lr 1 ' Soufb Tre fTh MEMORANDUM DATE; OCTOBER 21, 1987 TO; DESIGN REVIEW BOARD FROM; REDEVELOPMENT OFFICE SUBJECT: RP 87-7 - VILLAGE FAIRE PROPOSED CHANGED TO CONDITIONS. PLANNING Condition No. 25 - Remove words dedicate or (Easements will satisfy this requirement while keeping the property on private tax roles) Condition No. 30 - Remove words North Countv Transit District (2 places) replace with Desian Review Board. ENGINEERING Condition No. 45 - Remove word dedicate (2 places) replace with arant encroachment easement for Option No. 47 - If the City Council has authorized City staff to proceed with the construction of the Downtown Streetscape Project (Elm Avenue and Carlsbad Boulevard) and committed funds for the purpose of constructing said streetscape project the developer shall be solely responsible for all those improvements cited in Engineering condition 46 that are not included in said streetscape project. CS:al MEMORANDUM DATE: OCTOBER 21, 1987 TO: DESIGN REVIEW BOARD FROM: PLANNING DEPARTMENT SUBJECT: RP 87-7 - VILLAGE FAIRE The following conditions should be added to the resolution of approval (Design Review Board Resolution No. 106) for Village Faire, RP 87-7. Plannina A detailed sign program for the proposed development shall be submitted to the Planning Director for his review and approval prior to occupancy of any building. No pole signs shall be allowed. Enaineerina If an agreement is not reached on a new bus transfer location then it shall remain on the south side of Grand Avenue in which case the developer shall make design provisions for a bus transfer station on Grand Avenue adjacent to this project prior to the issuance of any building permits. This facility shall accommodate a total of four (4) buses. The developer shall be responsible for the design and construction of this facility to the satisfaction of the City Engineer. AML:bjn NENORANDUN October 21, 1987 TO: ASSISTANT PLANNING DIRECTOR FROM: ASSISTANT CITY ENGINEER 0^ VILLAGE FAIR (RP 87-11) We have reviewed the comments and concerns expressed by the City Attorney in his memo to you dated October 14, 1987, and have prepared the following responses for possible inclusion in the staff report. Item 2 discussion and justification for the dedications and fees required by Conditions 25, 42, 44, and 45, (present Conditions 25, 43, 45 and 46). Condition No. 25 was requested by the redevelopment director in order to implement one of the design features of the proposed streetscape plan. Although this dedication is not needed to satisfy engineering requirements or the requirements of the circulation element it was deemed an important feature for the downtown redevelopment and beautification program. Condition No. 43 requiring additional drainage easements and facilities as required by the City Engineer is a standard condition placed on all developments. Since detailed drainage plans are not normally submitted at the discretionary approval stage, this condition provides the City Engineer the flexibility of requiring additional facilities and easements, should detailed engineering analysis indicate their need. Condition 45 and 46 require dedication and improvement of right of way along public street frontages and along Washington Street. Additional right-of-way along Elm Avenue and Carlsbad Boulevard is required to bring the dedication of these streets into conformance with City Standards and the Circulation Element. Dedication and improvement of these street frontages is required pursuant to Section 18.20 of the Municipal Code prior to issuance of a building permit. The additional right of way required adjacent to Washington Street is being required to accommodate the installation of right angle parking spaces on Washington Street which are needed to satisfy project parking requirements. Item 7 It is suggested we add the following sentence after the second sentence of Condition No. 47 and before "The option ": The estimate provided by the Developer's Engineer shall be approved by the City Engineer prior to payment of the funds. In addition to the City Attorney comments we have received a copy of the letter from the Costa Real Municipal Water District dated October 20, 1987. Though October 21, 1987 VILLAGE FAIR (RP 87-11) Page: 2 Standard Condition No. 49 requires that all rules, regulations and design requirements of the water agency must be complied with we suggest the following additional condition be added to alleviate their concerns. Prior to approval of any building permit for the site the applicant shall submit appropriately engineered calculations to the Water District to assure adequate capacity for domestic, landscaping and fire flow demands. The applicants engineer shall meet with the District Engineer and the Carlsbad Fire Marshall prior to preparation of the water system improvement plans. Regarding the District request to install the system prior to completion the streetscape project no special condition is necessary. The City is in control of this project and will coordinate with adjacent land owners and make the necessary stub outs for future needs. DAVID HAUSER Assistant City Engineer DH:rp c: Planning Director District Engineer Costa Real Municipal Water District Steve Jantz Dee Lunders STATE OF CAUFORNIA—OFFICE OF THE GECRGE DEUKMEJIAN, GoMmor OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREIfT .. SACRAMENTO, CA 95814 Michael Holtzmiller City of Carlsbad 2075 Las Palmas Carlsbad, CA 92008 October 19, 1987 Subject: Village Faire RP87-7 SCH# 87091620 Dear Mr. Holtzmiller: The State Clearinghouse submitted the abcve named aivironmeatal docuneat to selected state agencies for review. The review period is closed and none oi the state agencies have conments* This letter acknowledges that yoa have complied with the State Clearinghouse review requirements for draft environmental docum«its, pursuant to the CBilifomia Environmental Quality Act* Please call Glenn Stober at 916/323-7480 if you have any questions regarding the environmental review process • When contacting the Clearinghouse in this matter, please use the eight digit State Clearinghouse number so tbat we may respond promptly. Sincerely, David C« (toenkan^ Chief Office of Permit Assistance October 14, 1987 ^'^^OFpuiyr , , ^ fl Oh;.,,... -^^Ul TO: Assistant Planning Director j!'-oi FROM; City Attorney > VILLAGE FAIRE (RP 87-11) As we discussed in our telephone conversation of Wednesday, October 14, 1987, I suggested some modifications to the proposed staff report as follows; 1. The title of Design Review Board Resolution No. 106 should be changed to recommend approval of the redevelopment permit to the Housing and Redevelopment Commission. Correspondingly, paragraph (B) should be changed to recommend approval of RP 87-11 to the Housing and Redevelopment Commission. 2. The staff report should include a discussion of and justification for the dedications and fees required by condition numbers 25, 42, 44 and 45. 3. Only the Housing and Redevelopment Commission may grant an exemption to the number of required parking spaces and, provided it finds there is sufficient public parking within a reasonable distance as provided by the City or other governmental agency or when the subject property is within a parking district and the Commission believes that sufficient parking will be provided within a reasonable time by the City or other public agency, in accordance with Section XI of the Village Design Manual (page 11). I would offer these additional comments: 4. The CC&R's for this project should be approved by the City Attorney. 5. There should be a discussion of the requirement of paying school fees to mitigate conditions of overcrowding as required by condition number 7. 6. Condition numbers 19, 20 and 21 should consistently refer to the "Certificate of Occupancy". 7. Condition number 46 should require that the estimate provided by the developer's engineer be approved by the City Engineer. 8. Exhibit "X" proiect summary should refer to the VR zone and not the CT zone. The terms and conditions -2- of the proposed lease for parking in alternative A should be discussed. The consequences to the developer if, for any reason, the lease is terminated should additionally be discussed. For future reference, the project description in the corrected negative declaration should be more specific, e.g. A 69,^00 square foot specialty retail shopping center on a 3.66 acre site. I appreciate your prompt attention to these matters. RONALD R. BALL Assistant City Attorney rmh PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE "CARLSBAD, CALIFORNIA 92009-4859 (619)438-1161 Citp of CarlAbab October 6, 1987 DHW Ltd. 640 Grand Avenue Carlsbad, California 92008 SUBJECT: RP 87-11 VILLAGE FAIRE Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, October 9, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on October 13, 1987. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your req[uired colored exhibit (s) with you to this meeting in order for your project to go forward to the Planning Coimiiission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By; HMLfc^ Planning Department MJH;dm PLANNING DEPARTMENT ^ 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carlsfaab October 6, 1987 TIO/TIL 2978 Carlsbad Boulevard Carlsbad, California 92008 SUBJECT; RP 87-11 VILLAGE FAIRE Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, October 9, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on October 13, 1987. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By; ^ . No-A^ Planning Department MJH;dm PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE •I^RLSBAD, CALIFORNIA 92009-4859 (619)438-1161 Citp of Carlsfaab October 6, 1987 Glenn Stober State Clearinghouse 1400 10th Street, Room 121 Sacramento, California 95814 RE; SCH 87091620, VILLAGE FAIRE RP 87-11 Dear Mr. Stober: This letter is to inform you that the project listed above previously received an incorrect file number by the City. The project file was identified as RP 87-7, and it should have been identified as RP 87-11. Please correct your files to reflect this change. Thank you. ADRIENNE LANDERS Associate Planner AML:dm . . ,-,..4'. • September 3, 1987 SEP 19BT PLANNINGDEPARTMENT (MTY OF CARLSBAO Ms. Dee Landers City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: Application No. RP-87-7, Retail Shopping Center Dear Ms. Landers: North County Transit District has reviewed the above referenced plans for a retail shopping center with regard to public transit services. The District has several concerns regarding the planned shopping center. An overview of the District's current operations at Grand Ave. and Washington St., comments regarding District concerns and possible methods of addressing District concerns follows: 1) NCTD uses approximately 200 feet of red curbed area on the south side of Grand Avenue just west of the inter- section of Washington Street as a passenger transfer point. NCTD buses traveling the coastal corridor northbound to Oceanside and southbound to La Jolla connect with the two local Carlsbad routes at this transfer point every thirty minutes throughout the service day. Approximately 700 persons board or alight NCTD buses at Grand Avenue and Washington Street daily. 2) The location of the transfer point at Grand Avenue and Washington Street is a major factor in providing effective transit service to the City of Carlsbad for several reasons. First, the Los Angeles to San Diego Rail Corridor Study Draft Report dated March 17, 1987 identifies Elm Avenue as a station to be served by Commuter Rail. Commuter Rail is slated to be implemented in the corridor in 1990. With the District's transfer point located adjacent to the Commuter Rail Station, more convenient travel opportunities will be offered to residents. Secondly, NCTD operates a timed transfer system which means all routes that connect at Grand Avenue and Washington Street do so at the same time. Change in transfer point location would result in a rescheduling effort. As a result, timed transfers may not be possible and passengers may be forced to wait to make connections. In this case Ms. Dee Landers Page Two September 3, 1987 public transit would become a less attractive transportation alternative. Thirdly, the transfer point's close proximity to the downtown area is convenient for shoppers and persons employed downtown. 3) As currently planned, the retail shopping center presents two areas of concern to the District. First, NCTD buses currently access the transfer point from Carlsbad Boulevard by traveling east on Grand Avenue. Buses returning to Carlsbad Boulevard travel south on Washington Street and west on Elm Avenue. It is the District's understanding that Washington Street will be closed to traffic between Elm Avenue and Grand Avenue. As an alternative, buses returning to Carlsbad Boulevard via Elm Avenue could travel East on Grand and South on State Street. The District is concerned about traveling on State Street due to the narrow width of State Street and the on street parking. Another routing alternative would entail traveling north on Washington Street, west on Christiansen or Beech to Carlsbad Boulevard. The District is concerned about buses turning left onto Carlsbad Boulevard from either of these nonsignalized intersections. Secondly, the District is concerned about auto access from the shopping center parking lot to Grand Avenue. Conflicts between buses pulling into the transfer point and autos entering and exiting the center may occur frequently. The District would request that the parking lot access to Grand Avenue be eliminated. 4) Due to the heavy boarding and alighting activity at Grand Avenue and Washington Street, passenger amenities are in order. Passenger shelters, well designed pedestrian access including curb cuts and lighting would be appropriate for a transfer point of this size. 5) The County of San Diego is currently conducting an Alternatives Analysis in an effort to find a location for a permanent transit center in the City of Carlsbad. This location will need to be adjacent to the Santa Fe tracks near the downtown area. Redevelopment of the existing Santa Fe Depot and adjacent parking area is an alternative Ms. Dee Landers Page Three September 3, 1987 to be considered. The permanent transit center, once constructed, will eliminate the need for the transfer point located on Grand Avenue. The City may wish to consider continuing to use Washington Street for through traffic until the above referenced transit center is completed. At that time, planned parking for the shopping center could be placed on Washington Street. Please find enclosed a copy of a letter sent to Mr. Charles Grimm, Principal Planner for the City of Carlsbad dated February 22, 1984. This letter also states concerns regarding the transfer point on Grand Avenue. North County Transit District staff looks forward to working with the City of Carlsbad in addressing City concerns and NCTD's concerns regarding the shopping center plans and transfer point. Please feel free to contact me should you require additional informtion. Sincerely, Thomas Lichterman Manager of Operations and Planning Enclosure cc: Chris Salomone, Redevelopment Director Marty Orenyak, Community Development Director Dick Fifer Paul Price PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carlsbab August 26, 1987 Dave Harshbarger TIL/TIO 2978 Carlsbad Boulevard Carlsbad, California 92008 RE; RP 87-7, VILLAGE FAIRE Dear Dave: Planning and Engineering Department staff have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that your application is incomplete. Basically, you will need to provide engineering-related types of information which are necessary to thoroughly analyze the project. Most of these items were given to you at our meeting on August 10, 1987; however, I have attached a list with this letter. On August 20, 1987, Steve Jantz and I met with Pat 0»Conner from Austin-Hansen-Fehlman to discuss the proposed streetscape plan and the impacts it will have on your project. From our review, it appears there will have to be a few site plan revisions to accommodate the increased traffic on Washington. Due to the median placement, a large amount of traffic headed toward the Village Faire will be required to enter from this street. When you have assembled the required information, please submit it to either Steve or myself. Feel free to call either one of us if you have any questions, particularly regarding the design changes in the parking lot and on Washington Street. Sincerely, ADRIENNE M. LANDERS Associate Planner AML;dm Attachment cc: Steve Densham Steve Jantz • August 26, 1987 TO: DEE LANDERS FROM; Marty Bouman RP 87-7, VILLAGE FAIRE With respect to the commercial development planned for the subject project, there appears to be no major traffic impacts over and above those previously anticipated and planned for. Several previous traffic studies have concluded that intersections in the vicinity, such as Carlsbad Boulevard and Carlsbad Village Drive, State and Carlsbad Village Drive, State and Grand, and Carlsbad Boulevard and Grand will operate in the future at peak hour levels of service no lower than C. Those studies were based on commercial land use of the property similar to that included in this project. It is predictable that there will be some points of traffic conflict and safety concerns. Specifically, these are at Washington and Carlsbad Village Drive, Washington and Grand, at the Grand Avenue access point to the project, where vehicular traffic will enter and leave, and where pedestrians will also be tempted to cross the street going to and from the parking lot on the north side. However, traffic engineering analyses by the City staff indicate that such conflicts can be mitigated through onsite circulation design, through one-way flow, median construction, and movement restrictions on the public street. The improvements necessary to bring about such mitigation will be conditioned on the developer. MB; dm August 13, 19^^ TO: DEE LANDERS FROM: STEVEN JANTZ RP 87-1 VILLAGE FAIRE The site plan for the above mentioned project as submitted does not have adequate information to review for engineering concerns. The following documents and information on the plan must be presented prior to preparing conditions for the approval of the proposed project: 1) Proposed grading concept including a) Finish Floor Elevations b) Retaining Walls (if any) c) Grading Quantities d) Slope Locations 2) Show existing and proposed street cross sections 3) Show location of existing utilities with type and sizes 4) Show existing and proposed public improvements 5) Proposed drainage improvements 6) Submit copy of private road easement documents (Christiensen) 7) Provide cross section of monument sign to conform with corner site distance 8) Depict turning movements of delivery trucks at service areas 9) Incorporate parking for Bully's Restaurant with Grand Avenue Parking Lot 10) Revise circulation in Grand A.venue parking. As soon as the above mentioned requirements are submitted and incorporated on the site plan, engineering will then review the proposed designapd formulate the proper conditions. STEVEN Associate Civil Engineer SCJ:tls DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 Citp of CarlfiUjab DATE: sj loj 17 RE The Community Development Director, the City Engineer and the Planning Director have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that there are major problems associated with your application which must be addressed before this application can be scheduled for a hearing. The problems or issues are listed below. Also, the name of the project planner and project engineer is provided. You should setup a meeting to discuss the issues with the appropriate staff member. Once the problems/ issues have been addressed, your application will then be scheduled for a hearing. PROBLEMS/ISSUES: -ro /^>Rggd.y fz^/Go pj^^cT" PROJECT PLANNER: PROJECT ENGINEER: CITY OF CARLSBAD 0 ENGINEERING DEPARTHENT 0 PRELININARY PROJECT REVIEH CHECKLIST FOR SITE PLANS PROJECT NAME: PROJECT ID: /^Pcg/-/ LOCATION: (^A/EC^S^n Bt^l//=>. PROJECT ENGINEER: T^^^fTlEJl/,^ ^k/^TZ^ DATE GF REVIEW: //, MfR^^ PROJECT PLANNER: /Vg Z/y/V2^g3 ACCEPT NOT ACCEPT NOT ADDRESSED 1. X 2. X 3. 4. 5. 6. 7A. 7B. 7C. 7D. X 7E. K 7r. X. 7G. 7H. X. 71. 7J. 7K. K 7L. 7M. 7N. 70. 8A. 8B. flC. BD. SE. 9. 10. K H. PLAN QUALITY COMMENTS 7. 10 11 Name and address of the owner whose property is proposed to be devel- oped. Name and address of developer. Name, address, and registration num- ber of the Architect or Registered Civil Engineer who is in responsible charge of the project. North point and scale of the plan. Date of preparation and revision of the plan. The street address(es) and Asses- sor's Parcel Number(s) of the lot(8) proposed to be developed. Location of the following facilities and physical featuures, labeled "existing" or "proposed" that are within 100 feet of the project: A. Driveways and Alleys B. Street Intersections C. Curb and Gutter D. Sidewalks E. Roadway Position and Name r. Roadway Cross-Section G. Median Islands H. Buildings I. Utility Facilities J. Existing Contours: 1' intervals for slopes less than 3S; 2' intervals for slopes between 5S and 10%; and 3' intervals for slopes over 10%. K. Proposed Contours: 1' intervals for slopes less than 3%; 2' intervals for slopes between 3% and IOS; and 3' intervals for slopes over 10!S. L. Drainage Facilities M. Water Courses N, Traffic Control Facilities 0. Other Improvements (swimming pools, retaining wall, etc.) The location of the following facilities and physical features labeled "existing" or "proposed" on theproject site: A. Items enumerated in Item 7 abovs Major vegetation with size and type Free-standing signs Parking stalls snd facilities Landdcaping B. C. D. E. Location(8) easements. Quantities and total yards A Vicinity Map and use(s) of of soil import, export, quantity moved in cubic N IA N/A yslSED n-n^ poucjt^ ro i/fi^'^ Costa Real t^wV? Municipal Water District ^^^^1^ 5950 El Camino Real, Carlsbad, CA 92008 Telephone: (619)438-2722 Engineering Dept: 438-3367 DATE: August 11, 1987 TO: City of Carlsbad Land Use Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 ATTN: Dee Landers SUBJ: R.P. 87-7 Retail Shopping Center (Twin Inns) CRMWD Project No. 83-C-63 The subject project has been reviewed by the District's Engineering Department to determine the extent of District's involvement regarding existing and proposed water system to serve proposed project as follows: YES NO Are there transmission lines that affect project? ( ) (X) Are there existing facilities that will have to be reconstructed? (X) ( ) Are there new facilities that will have to be constructed? (X) ( ) Are there existing District agreements that have financial impact on the project? ( ) (X) We have the following specific comments: 1. The entire watei* system for subject project be evaluated in detail as assurance that adequate capacity for domestic landscaping and fire flow demands are addressed. 2. The Developer's Engineer shall schedule a meeting with the District Engineer and the Carlsbad Fire Marshal and review the preliminary water system layout prior to preparation of water system improvement plans. Page 2 Dee Landers August 11, 1987 3. The City is presently preparing street improvement plans along Elm Avenue and Carlsbad Boulevard, thus this projects water needs must be addressed, resolved and installed prior to street improvement installation. Regarding fees and deposits: If applicable, the developer will be responsible for the major facility charge and direct connection surcharge which will be collected at time of issuance of building permit. Please contact Mr. Jerry Whitley if you have any questions regarding this project. Very truly yours. Robert Greaney District Engineer RG:sja cc: Mike Smith, Fire Marshal Dave Hauser CRMWD 83-C-63 August 7, 1987 TO: ASSOCIATE PLANNER/DEE LANDERS FROM: Housing and Redevelopment Director DRB - PRELIMINARY REVIEW - VILLAGE FAIRE - AUGUST 5, 1987 It is my understanding that the following items were determined at the above meeting; Village Faire Application PARKING 1 space; 250 square feet 15% mixed-use credit 2000 square feet maximum gross area for any food service use. 9 spaces in front of Neiman's Carlsbad Boulevard frontage will be deleted from plan to allow for additional pedestrianization and landscaping. These 9 spaces will be subtracted from the parking requirement for the project. Bicycle parking will be provided on site preferably at entrance areas. WASHINGTON STREET 9 (T parking is acceptable Credit for 30 spaces on east side is acceptable (public parking) There were no major concerns raised concerning architecture or pedestrian orientation. I will forward a copy of the minutes to you as soon as they are available. Without the chickens there is no proiect. CHRIS SALOMONE CS:al c: Community Development Director Assistant Planning Director Senior Planner/Mike Howes 4 I- ITEM 1 DATE: AUGUST 5, 1987 TO: DESIGN REVIEW BOARD FROM: REDEVELOPMENT OFFICE SUBJECT: "VILLAGE FAIRE" PROPOSAL A second review of the Village Faire retail proposal will be presented. Applicant will be given the opportunity to present the updated proposal to the Board. Staff will be present to provide input and clarify items of concern. This is not a public hearing and no action is required by the Board on this preliminary review. CHRIS SALOMONE CS:al ITEM 1 DATE: AUGUST 5, 1987 TO: DESIGN REVIEW BOARD FROM: REDEVELOPMENT OFFICE SUBJECT: "VILLAGE FAIRE" PROPOSAL jf^ A second review of the Village Faire retail proposal will be presented. Applicant will be given the opportunity to present the updated proposal to the Board. Staff will be present to provide input and clarify items of concern. This is not a public hearing and no action is required by the Board on this preliminary review. CHRIS SALOMONE CS:al August 3, 1987 TO: DESIGN REVIEW BOARD FROM: Redevelopment Office VILLAGE FAIRE PROPOSAL - APPLICANT SUBMITTAL Attached for your review is information provided by the applicant regarding "Village Faire" proposal scheduled for discussion at your meeting of August 5, 1987. The attached material will be reviewed at board meeting. ^^^^ CHRIS SALOMONE CS:al Attachment REMINDER: Meeting scheduled for 3:00 pm in Council Conference Room. Sandwich and beverage will be provided. V PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carlsfaab Oune 2^, 1987 Steve Densham P.O. Box 1575 Carlsbad, CA 92008 RE: Village Faire Dear Steve: Along with other staff members, I recently reviewed your plans for the Village Faire, Your proposed development is an exciting project due to the potential revitalization it offers to downtown Carlsbad. The site is one of the best in the City and maybe even in North County for this type of retail development. Its location near the ocean on a landmarked corner provides the opportunity to create an attractive focal point, as well as to stimulate and attract private investment to the downtown area. Because of the site's unique characteristics, staff believes the proposed project should be one that also offers unique and special features. The preliminary architectural elevations are a good start in this direction; however, the site plan has a number of major issues which need to be addressed. These include the following: 1) An acceptable parking ratio 2) Parking lot on Grand Avenue 3) Parking ratio for Neimans ^) Washington Street parking 5) Bus loading and circulation 6) Trash and loading areas 7) Pedestrian orientation and circulation 8) View corridor from southeast corner of Elm and Carlsbad Boulevard to Grand and Railroad. 9) Greater architectural detail 10) Peripheral landscaped setback to screen parked cars The primary issue identified with the project appears to be providing adequate parking in relation to the building square footage. Associated with this is the need to provide pedestrian Oune 2^, Page 2 1987 linkage with the businesses on Grand, State, and Elm. The proposed project should function to stimulate the entire downtown area rather than to siphon off business from existinq uses. As I mentioned earlier, the opportunity exists for this development to be both unique and distinctive. We look forward to working with you to create another award winning project the City can point to with pride. Please call me at A-38-1161 if you have any questions. Sincerely, Adrienne Landers Associate Planner AML raf NORTH COUNTY TRANSIT DISTRICT ^mmmmmomm^ NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD February 22, 1984 Mr. Charles Grimm, Principal Planner City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Grimm: North County Transit District (NCTD) staff has reviewed the site plans and Staff Report on the Twin Inns project (RP 84-1). We have a number of concerns with the project, and recommend denial of the Redevelopment Permit for the project as currently proposed. Among our concerns are the following: 1. Presently, NCTD uses approximately 200 feet of curb space on the south side of Grand Avenue, west of Washington Street, as a passenger transfer point. The purpose of the transfer point is to provide timed-transfers between dif- ferent routes serving Carlsbad, so that passenger waiting is minimized. Currently, there are approximately 800 passenger boardings and alightings at this location daily. Because up to five buses must use the space simultaneously to provide timed-transfers, the 200 feet of curb is necessary. The Twin Inns project, as proposed, would remove some sidewalk area, and create parallel parking for autos where our buses currently park. This would necessitate relo- cating the transfer point. 2. The cost of relocation could be high, and would be at public expense. The transfer point must be located near the Highway 101 and A.T.S.F. railroad corridors due to current and future route alignments. A location farther away would require more time to access, and could require the addition of equipment and driver resources. It costs NCTD approximately $170,000 a year to add the service of one bus. 3. When our buses leave the transfer point, they continue east on Grand, then turn right onto Washington Street. They turn right again at Elm, and continue their routes. 303 Via Del Norte • Oceanside, California 92054 • Phone (619) 433-8202 - 2 - The project would close Washington Street completely, to through traffic (both bus and auto), and would create a private driveway and parking area fo*^ the Hotel. Buses would have to be re-routed to State Street to make a turn- around. In addition to the added time this would take, there would be an increased potential for accidents due to diagonal parking on State Street. 4. The project, as proposed, could severely hinder or elimi- nate future light-rail transit service at this location. San Oiego Association of Governments (SANDAG) has iden- tified the A.T.S.F. railroad corridor as part of the future regional light-rail transit system. In planning studies conducted by SANDAG, Metropolitan Transit Development Board (MTDB), and NCTD staffs, a downtown location in the vici- nity of Grand and Washington has been identified as a light rail station site. This site was chosen because of its current proximity to the rail line, existing nearoy bus transfer point to provide feeder service, and close proxi- mity to downtown Carlsbad. The Twin Inns project would use much of the existing nearby undeveloped land (Rotary Park, Washington Street) for a private driveway and parking area. The potential for a bus and rail loading platform on Washington Street would be eliminated, forcing use of less desireable, more costly station options. For these reasons, NCTD opposes the Twin Inns project as currently proposed. However, our staff is willing to work with the City and the developer to modify the project in a manner beneficial to all. Through a similar process, the re-developed Cardiff Towne Center was modified to provide a transfer terminal for NCTD, as well as benefits for the developer. We feel a similar modification is possible here that will serve Carlsbad's short-term and long-term transportation needs. Please let us know if any of this information requires clarification. We look forward to working with you on the project. Sincerely, Paul W. Price Manager of Planning & Marketing cc: Richard L. Fifer