HomeMy WebLinkAboutSP 19C; Car Country; Specific Plan (SP) (2)^.^wnr
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55CJD Paleo del Norte. Carlsbad, CAMPOS • (Carlsbad) 438-2200 • (La Jolla) 450^^4 • (Escondido) 489-5527 -Area Code 51 9
Car Country Carlsbad
June 14, 1989
Bob Johnson
Traffic Engineering
2075 Las Palmas Drive
Carlsbad, Ca 92008
JUN .1 4 i389
If Or CA'^CU^~'^5r^
iE^»()"S ^'^ '*B S'^r fr*i!T
Mr Johnson,
Please accept this letter and enclosure (minutes of the Car Country
Dealer Association Meeting of June 7th 1989) as our formal request
to restrict parking on all of Car Country Drive and on Paseo Del
Norte between Cannon Road and a point 300 feet South of Carlsbad
Drive. We request this parking limited to (2) two hours between Sam
and 6pm, daily except Saturdays, Sundays and Holidays.
Don Stewart
President
Car Country Dealers Assoc,
H,
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<, <->/)P- C
>•/- f~ -r*-'
CflRlTflScompany
January 10, 1989
Mr. Robert Plant
Plant, Plant & Cook
2385 Camino Vida Roble, Suite 107
Carlsbad, CA 92009
Re: Car Country Expansion Design Standards
Dear Robert:
Per our telephone conversation, please be advised that during
your design phase of automobile dealerships, special attention
should be given to Section N, Page 8 and 9 of the Carlsbad Car
Country Expansion Specific Plan Amendment 19-C.
Section N, Paragraphs 2 and 3, deal with roof screening from the
east ridge line. We will be glad to personally show you the view
from this ridgeline upon your request and at your convenience.
Thank you very much for your cooperation and attention to this
matter.
Sincerely,
John C. White
JCW/jm
plant.Ijw
1-90-77
1-90-77A
cc: Lance Schulte
Dee Landers
4401 MANCHESTER; SUITE 206 •ENCINITAS, CALIFORNIA 92024 U.S.A.
(619) 944-4090 FAX (619) 944-3619
DATE: January 2, 1989
TO: Planning Staff
FROM: Dee
SUBJECT: Addendum to Car Country Specific Plan
Attached please find an addendum to the Car Country Specific Plan (SP I9(C))
This should answer any questions you may have regarding building materials.
These guidelines should be followed for any building going into the Car
Country expansion area.
Please attach this addendum to your copy of the specific plan . I will
also place a signed copy in all the relevant files.
Thanks. Let's hope this will eliminate any further confusion.
ADDENDUM
to
SPECIFIC PLAN 19-C
This addendum is intended to clarify Section D, Architectural Design and
Materials, (Page 6) of Specific Plan 19-C for the Car Country Expansion.
All structures located in the Car Country expansion area shall comply with the
following design standards:
1. Slump stone adobe will be used for all exposed wall surfaces (freeway,
road, property lines, etc.)- A four inch high slump stone will be the
standard, however, six inch high slump stone may be substituted if the mass
of the building design will accommodate this appearance and maintain the
integrity of the Spanish motif.
2. Stucco surfaces may be integrated into the building design when the stucco
is utilized in conjunction with an architectural feature or design element.
Examples of such features include arches, arcades, cornices, corbels,
balustrades, fountains, and door or window details.
3. All buildings shall have an exterior color substantially in conformance
with one of the three beige color samples on file in the Planning
Department. These colors include:
Frazee 390 - Western Beige
Frazee 180 - Sand Dune
Frazee 213 - Travatan
4. All roofs will include a mission clay barrel tile or S-tile design of terra
cotta coloring i.e. red El Camino blend, or Bernardo blend.
Dated December 28, 1988
CARITA5company
December 8, 1988
Mr. Michael Holzmiller
Community Planning Director
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Re: Car Country Expansion - Design Review Standards
Dear Michael:
Per agreement and discussions with Dee Landers, this letter will
further clarify the mandatory design standards imposed by the
Design Review Committee and the City of Carlsbad for Car Country
Expansion. Please direct staff to review and approve all Car
Country expansion Site Development Plans and Building Permits
only under the following design standards:
1. All buildings shall have an exterior color substantially in
conformance with any of the three sample beige colors
attached below.
390 Western Beige 180 Sand Dune
213 Travatan
2. All roofs will include a mission clay barrel tile or S-tile
design of terra cotta coloring i.e. red El Camino blend, or
Bernardo blend.
4401 MANCHESTER; SUITE 206 •ENCINITAS, CALIFORNIA 92024 U.S.A.
(619) 944-4090 FAX (619) 944-3619
Letter to Mr. Michael Holzmiller
December 8, 1988
Page Two
3. Slump stone adobe will be used for all exposed wall surfaces
(freeway, road, property lines, etc.)- A four inch high
slump stone will be the standard, however, six inch high
slump stone may be substituted if the mass of the building
design will accommodate this appearance and maintain the
integrity of the Spanish motif.
These design standards will complement and supercede design
standards agreed to in the June 27, 1988 letter to you attached.
Carltas further represents and agrees these design standards will
not be modified or amended without prior consent of the Director
of Planning of the City of Carlsbad.
Sincerely,
John C. White
for Carltas Company
Approved:
Michael Holzmiller
JCW/ns
Holzmill.ljw
cc: Dee Landers
CflRlTflScompnnv
t/ June 27, 1988
'Mr. Michael Holzmiller - : ;• ;V ">v,. ,; .• -::';v;-r ••?.-'%. "' >/'
Community Planning Director > : ; ^ /•;
City of Carlsbad : '. •'
2075 Las Palmas Drive j/ ;
Carlsbad, CA 92009-4859 I ''.^.V ' •
Re: Design Review Standards
Gentlemen: .' ','>''•;:'.''<' ' •'" ; /•• •.. -:.;
:.... -. .-. • •. "•':.-, .•'••••,••
By execution of this letter, Carltas Company, the owner of all
that property described on Exhibit A and generally referred to as
Car Country expansion for itself and the Association to be formed
for the expansion hereby adopts as mandatory design review
standards for all sites located within said park pursuant to its
design review right the following:
1.
2.
3.
All buildings shall have an exterior beige coloring
substantially in conformance of that of Car Country.
All roofs will include
material as desireable.
Mission tile with Terra Cotta
Slump stone adobe will be used for all exposed wall services
(freeway, road, property line walls).
Carltas further represents and warrants that these design
standards shall not be modified or amended without prior consent
of the Director of Planning of the City of Carlsbad.
Very truly yours V>1 .'•-:'. s
• V-'':* • :; " •••• •^'r'i'"'1 ' '" , "•'>
Carltas Company. > a California '
Limited Partnerhip
By:
iher C. Calkins, Manager
CCC/ns
Design.Ice
4401 MANCHESTER; SUITE 206 -ENCINITAS, CALIFORNIA 92024 U.S.A.
(619)944-4090 FAX (619) 944-3619
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859
TELEPHONE
(619) 438-1161
(Ettg
PLANNING DEPARTMENT
May 26, 1988
Mr. Bill Mastick
Austin, Hansen, Fehlman Group
9605 Scranton Road, Suite 202
San Diego, California 92121
SUBJECT: CAR COUNTRY EXPANSION, CT 87-3/SP-19 (C) LANDSCAPE PLANS
Dear Mr. Mastick:
We have reviewed the revised landscape plans for the above
project and enclose a stamped approved copy for your files.
Please note that the shrub spray irrigation heads on the east
side of Car Country Drive should be at least 12" behind the
sidewalk to avoid damage to the heads or cause a hazard to
pedestrians.
Sincerely,
MURRAY FULFORD
Assistant Planner
MF : dm
cc: Engineering Department
Parks & Recreation Department
John White
Carltas Development Co.
4401 Manchester Ave. , Suite 206
Encinitas, CA 92024
2075 LAS PALMAS DRIVE
OARLSBAD, CALIFORNIA 92009-4859
PLANNING DEPARTMENT WFr*$JrM (6i9)438-n6i
WOk!"no '"^9• .^gj^
City of Cartebab
April 1, 1988
X
Mr. Bill Mastick
Austin Hansen Fehlman Group
9605 Scranton Road, Suite 202
San Diego, CA 92121
RE: CAR COUNTRY EXPANSION, 2R 87-3 SP 19 (C)
Dear Mr. Mastick:
We have reviewed the landscape plans for the above project, and
find that some modification is needed to conform to the
conditions of the Specific Plan, and City of Carlsbad landscape
standards. „
Planning Department
1. The landscape setback along Cannon Road is 25' from the
property line. The property line is 10' from back-of-curb.
2 . An alternative shrub should be used as a backdrop to the
display pads, with a less rigid growth habit, and a mature
size in scale with the cars.
3. Street trees (24" box size) should be planted along the
Cannon Road frontage at a minimum rate of 1 tree for every
40' of street frontage. These trees may be evenly spaced or
clustered, and should be chosen from the tree list for this
area as specified in the Carlsbad Landscape Design Manual
(extract attached) .
4. The Cannon Road frontage will be highly visible, and should
be given additional landscape treatment with berms and
planting areas for low shrubs and seasonal color.
5. Slopes at rear of lots 4 and 5 need more trees.
6. All lot frontages should be planted with low shrubs and
flowering plants in addition to the turf and palms as shown.
This will enhance the project without blocking the
visibility.
Mr. Bill Mastick
April 1, 1988
Page Two
Parks and Recreation Department
Parks Department has reviewed the plans for the median
landscaping, and we attach a copy of their comments.
Please submit four copies of revised plans reflecting these
corrections.
Sincerely,
MURRAY FULFORD
Assistant Planner
MF:af
Encl.
March 30, 1988
TO: MURRAY FULFORD, ASSISTANT PLANNER
FROM: DOUG DUNCANSON, PARKS SUPERINTENDENT
CAR COUNTRY EXPANSION
I have reviewed the Car Country Expansion project. There are
several areas of concern that need to be addressed and or
altered. They are as follows:
1. The median design does not conform with the adopted
Landscape Guideline Manual. The median is to have 14' by
20' pockets of landscaping spaced 50' apart. All surface in
between the planters is to be treated with a textured
concrete pattern. This is also an Engineering Standard.
The plans should be re-designed to incorporate the approved
median standard.
2. All irrigation in the median shall be drip type irrigation.
3. All irrigation heads adjacent to any sidewalk shall be pop-
up type installed at grade.
4. Irrigation controllers shall be Rainbird I.S.C., Thompson
T.c. with l.s.c. or Rainmaster.
5. All irrigation water for medians shall be on separate meter.
6. Back flow devices shall be reduced pressure type only.
Check with utility Maintenance for approved models.
7. All trees planted in median, to be planted with root control
barriers properly backfilled around with gravel.
8. All trees in median to have (2) two deep watering devices,
4' long installed adjacent to opposite sides of root at time
of planting. Deep watering device to be 4" high density
polyethylene perforated pipe. The deep watering pipes are
to be back filled with gravel.
9. All trees except median trees, to be planted at least 6'
back from sidewalk, off of right of way property.
10. The seed mix "car country mounding #68" shall be identified
by seed and rate of seeding of each species used.
I2075 LAS PALMAS DRIVE
RLSBAD, CALIFORNIA 92009-4859
PLANNING DEPARTMENT W^WJF^F (619)438-1161
City of Cartebab
March 9,1988
David S. Siino
SDG&E
101 Ash Street
P.O. Box 1831
San Diego, CA 92112
RE: CAR COUNTRY EXPANSION, SP 19(c); CT 87-5
Dear Mr. Siino:
We enclose a copy of the proposed landscape plan and
specifications for the above project. The plan includes
landscaping on SDG&E property which will subsequently be
maintained by your maintenance division. Please review the plan
and maintenance guidelines, and let me have any comments you wish
to make.
Sincerely,
MURRAY FULFORD
Assistant Planner
MF:af
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MEMO
DATE: NOVEMBER 12, 1987
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUB3ECT: REVISIONS TO SPECIFIC PLAN 19(C)
EXPANSION
- CAR COUNTRY
The following revisions should be made to the text of SP-19(C)
deletions will be lined out and additions written in bold type:
General Provision E-7 on Page 2 should be revised to read as
follows:
7. All land and/or easements required by this Specific
Plan for public streets and public utility purposes
shall be granted to the City of Carlsbad without cost
to the City and free of all liens and encumbrances,
except as otherwise conditioned by the tentative tract
map.
Section G on Page 3 should be amended as follows:
G. Amendments
Amendments to this document may be initiated by an
application to the Planning Director, subject to
approval of the Planning Commission with right of
appeal to the City Council.
Administrative Modifications Certain
this—document—a-F-e—specif ically—deemed—i
modifications—fee-
t^fc—fee—require—a-
publio—hearing . T-h-e—Planning—Director—shall—have the
authority to—approve—such—revisions—without—fe-h-e—f*e-&d—f-e-r
^—public—hearing—if-—they—are determined—fee—be—ift-
substantial oonformanoo with (SP 19).
2-: A-i-1—changes—other—than—administrative modifications
kr-^Hmon-f- i- r\_."i manner
**L -y* o\/Tfifrifi
Section D on Page 6 should be revised to read as follows:
D. Architectural Design and Materials
The design of exterior building elements and fencing
shall be compatible with the existing style of Car
Country, generally described as Spanish motif.
Special attention shall be given to the architectural
details of all west facing elevations to ensure that
they are visually attractive when viewed from Interstate
5 and Paseo del Norte.
Section M on Page 8 shall be revised to read as follows:
M. Trash Collection
Trash receptacle areas shall be enclosed by a six-foot
high masonry wall with gates pursuant to City stand-
ards, location of said receptacles shall be approved by
the Planning Director. All enclosures shall
be of similar colors and/or materials to the
project they serve to the satisfaction of the
Planning Director.
Section R on Page 9 should be revised to read as follows:
R. Undeveloped Areas
Undeveloped areas/slopes shall be planted and maintained
in a clean, neat and orderly manner as required by
Section 11.06.130 of the Carlsbad Grading Ordinance.
Undeveloped lots shall not be used for the storage
of automobiles unless a conditional use permit is
processed pursuant to Section 21.4-2 of the Carlsbad
Municipal Code.
Subsection 5 should be added to Section C on Page 12 to read as
follows:
5. The developer of the Car Country Expansion shall enter
into an agreement with the property owner to the
east of "A" Street to ensure that the slopes created by
the construction of "A" Street are properly landscaped
and maintained. This agreement shall be approved by
the Planning Director prior to final map approval.
MH:af
-2-
CARITA5compflnv
November 2, 1987
Ms. Mary Marcus, Chairman
City of Carlsbad
Planning Commission
1200 Elm Avenue
Carlsbad, CA 92008
Re: Car Country Expansion
Dear Chairman Marcus:
You have received a recommendation by your staff for the approval
of the expansion of Car Country. We have participated in
discussions and we are in agreement on all planning issues other
than the narrow policy issues described in this letter and the
attached materials.
After substantial discussions with staff, it was the
determination of your staff that the issues addressed in this
package were matters of policy which should be presented to the
Planning Commission and City Council for resolution.
In brief summary, our sole request is that the provisions of
Specific Plan 19-C, which limit the uses and location of uses in
the Car Country Expansion, be modified to not prohibit the
following:
1. The availability of limited food service and financial
services, primarily designed to serve employees and
customers of Car Country and;
2. The location of these uses and automotive service uses
on Lots 1 -3 which front on Cannon Road.
In light of the number of matters which are scheduled to be heard
on November 12, we have prepared this package of materials to
facilitate your review of the issues and concepts relating to the
Car Countrv Carlsbad Expansion.
Jalkins, President
etc/jm/marcus.Ice
enclosure
cc: Michael J. Holzmiller
4401 MANCHESTER AVE., SUITE 206 • ENCINITAS, CALIFORNIA 92024 U.S.A. . (619) 944-4090
CONTENTS
Summary of Concept Tab A
Aerial Photo of Car Country Location Tab B
Planning Issues - Summary Tab C
Aerial Photo of Available Services Tab D
Proposed Addition to SP-19C Tab E
Staff Recommendation SP-19C Tab F
Background Information Tab G
CONCEPT
With this new 27 acre expansion, Carlsbad Car Country will be one
of the largest integrated auto malls in the country. The mall
will have an employee base of over 1200 with average customer
volume of 1400 daily.
Additional Services
Carltas submits that this large employee and customer base should
have limited food service and financial services which are not
now available other than by driving on the freeway or traveling
through heavily impacted intersections at Palomar Airport Road.
To attract a good quality facility with take out capability (such
as "Bob's", "Coco's", etc.) and bank with auto lending services,
the facility must be on a manor street. Only by permitting food
service on Cannon, can the food service and financial services be
realistically provided.
Auto Services
As a focus of car dealerships, Car Country is a logical place for
related, clean automotive services (tires, audio, etc.). These
retail services require major street frontage. Restriction to
interior lots (as proposed by staff) will effectively prevent
such uses.
Cannon Road will ultimately provide this "major street" status.
A well designed center can complement the Park, and enhance the
delivery of services to the Carlsbad community.
PLANNING ISSUES
Additional Services
Planning Policy:
Should food service and auto related financial service (ie.
bank) use be permitted in Car Country?
Staff Recommendation;
No (Tab F)
o Other food service operations are available in the
vicinity within walking distance.
Carltas Request;
Yes (Tab E)
o As an employment and destination retail auto center,
these services should be available.
o Existing food services require driving, creating
significant impacts on the City's circulation system.
(Tab D)
o No banking services are available with a two mile drive
east on Palomar or the freeway and no auto financial
services are located within three miles of Car Country.
o People waiting for car service should have a place to
wait within walking distance with food service.
o Employees should have an option for lunch and dinner
without leaving the park.
LOCATION
Planning Policy;
Should accessory and additional services be restricted to
interior lots or permitted on Lots 1-3 (facing Cannon
Road) ?
Staff Recommendation;
Only interior lots. -
o Cannon frontage should be dealers only.
o Staff concerned about allowing precedent of "strip
retail" on Cannon Road, designated a scenic roadway.
Carltas Recfuest;
o Precedent is not an issue. For two miles easterly,
property along Cannon Road is designated open space
(SDG & E and Macario Canyon), or Agricultural Preserve
(Carltas).
If the uses are appropriate, they are only economically
feasible if located on a major street, Cannon Road.
o The uses complement new car sales and are important to
the community.
o No other location exists for such automotive services
in Carlsbad.
o The users/tenants require major street visibility, or
they will not locate in Car Country.
o Retail services must secondarily rely on other traffic
and identification to major street.
o . Design standards can assure good quality, with a well
integrated presentation.
o Design review process allows specific
determination/review of need and tenant mix.
o Retail services rely on signalized intersection access.
^gntfy- f"f!i--=r-:\fH-
Alfredo's
Marie Callender's
Pea Soup Andersen's
Denny's
McDonald's
7-11
Hadley Fruit Orchards
Tip Top Meats
j Existing Services
OWNER PROPOSED
PERMITTED USES
PROJECT DEVELOPMENT STANDARDS
This section sets forth development standards which shall apply to all lots
within the Car Country Expansion Specific Plan. New car sales is the principle
allowed use of the Car Country Expansion and is allowed on all lots. In addition
to new car sales certain other uses described in this section are allowed on Lots
1-3.
A. Permitted Uses
1. All Lots
a. Motor vehicle dealerships for the retail sales, leasing, renting and
servicing of new and used automobiles and other motor vehicles such
as recreational vehicles but whose primary activity is new vehicle
sales.
2. Lots 1 - 3
a. All permitted uses cited in (1.) above.
b. Retail automotive parts sales and service including but not limited to
the following:
1) Tire sales and service
2) Muffler shops
3) Brake shops
4) Wheel alignment and suspension services
5) Tune-up and oil changing facilities
6) Transmission repair
7) Auto detailing and interior work
8) Auto accessories
9) Car wash
c. Financial and credit institutions without drive-thru service.
d. Restaurants, without drive-thru service.
e. Professional offices related to the Motor Vehicle industry such as
insurance agencies, auto brokers and any other similar uses approved
by the Planning Director.
f. Auto rental and leasing.
^ mit+r i I • w*«r • I ^ -^i «^^ • • ** -^i -^^
SDTI Figure 3
CAR COUNTRY EXPANSION
CARLTAS DEVELOPMENT COMPANY
STAFF PROPOSED
PERMITTED USES
PROJECT DEVELOPMENT STANDARDS
This section sets forth development standards which shall apply to all lots within the
Car Country Expansion Specific Plan. New car sales is the principle allowed use of
the Car Country Expansion and is allowed on all lots. In addition to new car sales
certain other uses described in this section are allowed on Lots 11-3.
A. Permitted Uses
1. All Lots
a. Motor vehicle dealerships for the retail sales, leasing, renting and
servicing of new and used automobiles and other motor vehicles such as
recreational vehicles but whose primary activity is new vehicle sales.
2. Lots 11-13
a~ All permitted uses cited in (1.) above.
b. Retail automotive parts sales and service including but not limited to the
following:
1) Tire sales and service
2) Muffler shops
3) Brake shops,
4) Wheel alignment and suspension services
5) Tune-up and oil changing facilities
6) Transmission repair
7) Auto detailing and interior work
8) Auto accessories
9) Car wash (Dealership Only)
c. Auto rental and leasing.
SUBJECT: AUTO SERVICES: CITY OF CARLSBAD REDEVELOPMENT AREA
DATE: October 6, 1987
FROM: John White
TO: Car Country Expansion
Below is a list of existing auto service companies in the
redevelopment area of the City of Carlsbad. These are all
potential users for the Carlsbad Car Country Expansion automotive
service center:
Carlsbad Auto Service
Europacific Imports
Sonny's Automotive
Dragmaster
Carlsbad Automotive Technology
Carlsbad Porsche/VW Specialists
Shaw's Autosport
Paul's Automotive
Sparky's Transmissions
Al's Motor Tune
Carlsbad Auto Detail
Precision Auto Sound
Pacific Cellular Phone
BIG BOY SITE REQUIREMENTS
.Marriott.corporation GENERAL REQUIREMENTS
Most importantly, Big Boy sites must have good visibility and access. We will
consider free standing sites, shopping center outparcels, in-line/end unit
locations in suburban shopping centers, and store front locations in high foot
traffic urban areas. We prefer long-term lease opportunities, but we will
consider reasonably priced purchases.
Population • Demographics
At least 45,000 people in three mile trade area with middle to
upper-middle income families.
Traffic
Minimum of 25,000 ADT.
FREE STANDING SITES
Suburban activity centers with quality demand generators such as shopping
centers, office-R&D parks, hospital complexes, colleges/universities, and
recreational facilities.
"Proto VI" Building
5752 square feet with 172 seats.
Minimum Lot Size
45,000 square feet with 150 feet of frontage and 70 parking
spaces.
IN-LINE/END UNIT SITES
Large neighborhood and community size shopping centers of at least
100,000 square feet, containing a major grocery store, a major drug store, and
no fewer than one major discount retailer.
Minimum Size Requirements
4800-5700 column-free square feet with 70 feet of frontage
located in the center's end bay and with 50 parking spaces in
close proximity to the space, reciprocal parking is also desirable.
tt&^ ^l' ' '•*EKsBl'-H&Jf •V!';^wJ
By BtmfllhiJfj, USA TODAYWorkers at Fountain Valley
.. .
M Number of 8tor»Ki18;'aJI car-related except for three res-
»s*taurantsi one halr.galon^one nail salon ,
if Area: 43.500 sq;fl^SjM'<S« 1 »" 'TiCott of leasing: between 0.95 cents and $1.15 per sq. ,
fc 'oot not Including taxes; Insurance, utilities. ,Employees: about .lOOj'Includlng part-time workers ' ,,
} Busiest days: Saiurday.'Sunday, Monday
ui
COVER STORY ,
Malls for car
care shift
into high gear
Convenience
fuels boom •
in one-stop-;,-
fix-it centers
By Susan Splllman
Special for USA TODAY
FOUNTAIN VALLEY,
Calif. — It looks like your
typical Southern California
shopping center white stuc-
co stores with red tile roofs
nestled among palm trees ona neatly landscaped plot
But you won't find a supermarket or drugstore here —
the emphasis b on shops that cater to your car.
At one end Is Winston Tire Co., where Mark Moore, 25,
watches a serviceman patch a flat tire on his red Porsche. A
few doors down, Tom Olsen, 30, gets his blue Toyota camp-
er truck checked out at Smog N Tune. Nearby, Kevin
Burns, 39, waits for a new battery for his gold Oldsmobile at
a General Motors repair specialist
Welcome to the auto mall — one of the retail Industry's
! hottest new concepts.
By clustering a variety of auto-repair outlets, merchants •
are cutting property costs, helping each other build business
and offering drivers convenient one-stop fix-it service.
• "We're filling a void between the disappearing gas-station
mechanic and the disappearing backyard do-it-yourselfer,"
says Gerald S. Berson, a Boca Raton, Fla, developer and .
partner. In Autocare Centers of America, which owns six .,
• auto malls In Florida, Wisconsin, Maryland and the Wash-!'!',,
Ington,D.C.,area. .-;;|| ;• •• ... \.'.;,>
Nobody knows exactly how marty auto malls exist buH'Jf,
Industry experts estimate about 200 nationwide — and that,•
number Is growing: By 1990, there will be 2,000, predicts1.' .
Benjamin Zltron, chairman of AutoSpa Realty Corp. of '
. Woodslde, N.Y., which owns six auto malls. ,.•( •
The first malls, also called car-care centers or "auto-
plexes," sprang up In the late 1970s In the Southeast and
Southwest Those regions still have the largest concentre- .
Auto malls revving up
Continued from IB :
lion of centers.
The concept has taken off:
• Precision Tune Inc. of Beaumont,
Texas, plans to open 30% ol 100 new
stores In auto malls this year.
• Gibraltar Transmission Corp. of
Lake Success, N.Y., has 50% of Its 80 re-
tall franchises In auto malls and Is build-
ing malls of Its own.
• Pit Pros Inc., a leading oil-change
franchiser based In San Diego, has six of
Its 30 outlets In auto malls and plans to
put 85% of 90 projected shops In similar
locations this year.
• AutoSpa Corp. offers two franchises
— That 10 Minute Oil Change Place and
20 Minute Tune Up. Its subsidiary, Auto-
Spa Realty Corp., expects to develop 200
auto malls In the next three years.
The typical auto mall has between
15,000 and 45,000 square feet and Bve to
. 20 retailers.
A high-traffic franchise such as a car
wash, body shop or tire store usually
serves as the center's anchor, the way a
department store does In a traditional
shopping mall.
Some have a common waiting room
complete with lounges, TV and coffee.
The Commerce Centers of America,
an Irvine, Calif., developer that owns the
Fountain Valley mall, has refined its
strategy.
Interspersed with H auto service ten-
ants are a nail-care shop, beauty salon
and three restaurants. "We make sure
that 10% of our tenants are services that
customers can utilize while wailing for
their cars," says Bart Pebbles, Com-merce Centers' director of acquisitions.
"It's great I come here during my
lunch break to get the tires checked and
can grab a hot dog at Mustards while I
wait," says customer Rory Tompoles, 36.
Fueling the auto-mall boom Is the de-
cline In the number of USA gas stations,
once the most popular place to get cars
axed. In 1972 — before the 1973 energy
crisis - there were 226,459. By 1980,
there were only 158,000, and by the end
of 1986, there were an estimated 121,000,
according to the Service Station Dealers
of America.
Moreover, only 90,000 of these stations
offer service. The rest are self-service.
About 175 billion a year Is spent on the
auto aftermarket, which consists of all
service, repairs and parts — except tires
— reports the trade publication Auto Aj-
termarhet Business.
The average car Is older and thus In
more need of repair: In 1985, the median
age of a car on Uie road was 6.9 years,
compared with 1.9 years In 1970, accord-
ing to R.L Polk ft Co.
Still, most gas stations don't provide
service or repairs because autos have
become so sophisticated, requiring costly
equipment and expertise beyond that of
the average service-station attendant
"Today's mechanics are like doctors,"
says Aulo Aftermath 'Business Editor
Dick Welnberg. 'They've all become spe-
cialists."
"Gas station guys are too harried to fix
your car," adds Joe Rubin, owner of Ru-
bin Development, a Chicago auto-mall
developer. "He's pumping gas with one
hand and selling candy bars and ciga-
rettes with the other."
High-tech cars have turned a number
of do-it-yourselfers Into paying custom-
ers, says Rubin. Additionally, the two-
breadwinner household, which lacks
time for do-it-yourself jobs, doesn't want
to drive to different parts of town for re-
pairs. The auto mall offers one-stop con-
venience.
Burns brought his Oldsmobile to Win-
ston Tire lor new rear shock absorbers.
The attendant discovered a crusty bat-tery and sent him to the mall's GM spe-
cialist "It was so much easier than hav-
ing to look up somewhere else to take It
In the phone book, drive across town and
wait In line," says Burns.
The biggest attraction of auto malls to
retailers Is prime real-estate locations at
affordable prices, not an easy find In to-
day's market "We're competing for
space with fast-food companies who can
simply afford to pay more," says Joseph
Siinfellipo, executive vice president of
Gibraltar Transmission.
Opening In a mall can be a lot faster,
too. "You don't have to get zoning your-
self. It can take you 60 days to nine
months to start up on your own. Often
you can get Into a mall In 30 days," says
Steve Goff, director of new-center devel-opment at Precision Tune.
Though market conditions appear to
favor auto malls, too few have been
around long enough for concrete conclu-
sions to be drawn. And there are skeptics.
"I don't know that they're all that con-
venient," says Weinberg. "When the
brakes go, It doesn't mean your muffler
Is going to go at the same time. And most
people are pretty leery when it comes to
getting their care fixed. 1 think they'd be
pretty suspicious of someone who (ells
them something else Is wrong with their
car and to go next door and get It fixed."
Still, auto-mall pioneers say synergy
works in their favor.
Gibraltar Transmission reports sales
are 10% higher In mall outlets than at
stand-alone locations; Pit Pros says sales
are 25% higher at Its mall stores.
Franchises and developers add that
malls, with their clean, uniform looks,
are more Inviting to women drivers.
"At a typical garage, they have to
move two Issues ol Playboy before sitting
In a greasy chair and waiting for a ser-
viceman In a ripped T-shirt," says Gary
Baldwin of Pit Pros. "At our place, If
you're wearing a pretty dress, you can sit
down and not get dirty."
E.S.T. / T.H.E. ENTERPRISES / A FRANCHISEE OF BUl^H KING CORPORATION
October 14, 1987
Mr. John C. White
Carltas Company
4401 Manchester Avenue
Suite 206
Encinitas, Ca. 92024
Re: Commercial Services - Carlsbad Car Country
Expansion
Dear John:
We understand that the City of Carlsbad is considering
approving a 27 acre expansion to Car Country Carlsbad.
We feel it is very appropriate to establish restaurant
services within this area in order to serve the several
hundred existing employees and several hundred proposed
employees as well as customers of Car Country.
In addition, it would be an appropriate location
because of its proximity to Interstate 5 and the
proposed major thoroughfare Cannon Road to serve other
commercial customers of the City of Carlsbad.
We would like to consider a location within the
Carlsbad Car Country expansion but only under the
following conditions. Commercial retail services, and
especially restaurant services rely for their customer
base not only on surrounding uses but also the driving
public. It would only be prudent to establish these
services along Cannon Road so that proposed facilities
could rely on visibility from the traveling public as
well as the volume of traffic generated by other than
the specific users of Car Country.
The location on Cannon Road would provide access to the
customers and employees of Carlsbad Car Country as
well. It is very important to provide identification
with other retail users and will be necessary to have
other commercial uses within a Cannon Road service
center. It is of course also important for commercial
services to be near a signalized intersection as
proposed for Cannon Road.
4355 RUFFIN ROAD #103. SAN DIEGO, CALIFORNIA 92123 TELEPHONE: (619) 268-8901
Unfortunately, we would be unable to consider a
location within Car Country other than on Cannon Road.
Interior sites would be detrimental to our commercial
business and would work to our economic disadvantage.
We urge you to approve commercial services on the major
thoroughfare of Cannon Road.
Should you have questions regarding these issues, we
will be glad to provide additional information.
Sincerely,
M. Tworoger
Partner
JMT/rm
MEMO
DATE: OCTOBER 30, 1987
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: GPA/LU 87-1. ZC 87-2. SP-19fCK CT 87-3. LCPA 87-2
(LCPA 87-2F1 . LFMP 87-3 (2\ . AGRICULTURAL PRESERVE
NO. 76-1 - CAR COUNTRY EXPANSION
Attached is a copy of the staff report for the above
mentioned project. A copy of the revised Zone 3 Local
Facilities Management Plan will be delivered on Monday or
Tuesday. It has not been included in this packet because
staff does not have the needed binders or dividers required
for this document. Staff regrets the late delivery of these
documents, but due to the number of complex general plan
amendments being presented at the November 4, 1987 meeting,
it was unavoidable.
As we have discussed with members of the Commission
previously, this is one of the items that will be continued
to the special meeting of the Planning Commission scheduled
for Thursday, November 12, 1987.
MH:dm
STATS OF CALIFORNIA—OFFICE OF THE GOVERNS GEORGE OEUKMEJIAN, Gowmer
OFFICE OF PLANNING AND RESEARCH
I400TENTH STREET
SACRAMENTO, CA 958 H
October 9, 1987
Adrienne Landers
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
Subject: Car Country Expansion
SCH# 87090904
;.f ^ll/ja?
Dear Ms. Landers:
The State Clearinghouse submitted the above named proposed Negative
Declaration to selected state agencies for review. The review period is
closed and 'the comments of the individual agency(ies) is (are) enclosed.
Also, on the enclosed Notice of Completion, the Clearinghouse has checked
which agencies have commented. Please review the Notice of Completion to
ensure that your comnent package is complete. If the package is not in
order, please notify the State Clearinghouse immediately. Your eight-digit
State Clearinghouse number should be used so that we may respond promptly.
Please note that recent legislation requires that a responsible agency or
other public agency shall only make substantive comments on a project which
are within the area of the agency's expertise or which relate to activities
which that agency must carry out or approve. (AB 2583, Ch. 1514, Stats.
1984.)
These comments are forwarded for your use in adopting your Negative
Declaration^ If you need more-information or clarification, we suggest you
contact the commenting agency at your earliest convenience.
Please contact Glenn Stober at 916/323-7480 if you have any questions
regarding the environmental review process.
Sincerely,
David C. Sunenkamp
Chief
Office of Permit Assistance
Enclosures
cc:
CflRlTflScomponv
t
October 5, 1987
Mr. Michael Howes
City of Carlsbad
Planning Department
2075 Las Palmas
Carlsbad, CA 92008
Re: Car Country Expansion
Dear Mike:
Enclosed is a copy .of the proposed, LCP Amendment and Williamson
Act Contract Amendment with the new exhibits attached. These new
exhibits have slightly reconfigured the area to be swapped,
reducing the "special treatment area" which would surround the
agricultural area on the east side thus reducing the potential
area of problems on interface.
Please substitute these for the earlier documents forwarded with
my letter to Marty Orenyak. Copies of the exhibit have
previously been delivered to Adam Birnbaum at the Coastal
Commission for his review.
Ver ly yours,
jpher C. Calkins
CC(
Howes2.Ice
cc: Gary Wayne
Enclosures
4401 MANCHESTER AVE., SUITE 206 • ENCINITAS, CALIFORNIA 92024 U.S.A. • (619) 944-4090
DRAFT
9/18/87
TO BE ADOPTED AS LCP AMENDMENT/IMPLEMENTING ORDINANCE
CITY OF CARLSBAD - ORDINANCE
Section . Carltas Property - Specific Plan/LCP
Implementation.
Section . Applicability. The provisions of this
Section shall apply to the land north of Palomar
Airport Road and east of Interstate 5 described as Assessor's
Parcels 211-010-11, 211-021-13, 14, 15, 18, 19 20, 21, 24, 25,
(hereinafter collectively referred to as the "Carltas Property"),
and Assessor's parcels 211-021-22, 211-021-23, 211-021-24
(hereinafter referred to as the "Pea Soup Andersen Complex").
Section . Required plan; Contents. Before any
building permit, grading permit, discretionary approval,
entitlement for use or development is approved for any of the
Carltas Property for any use, a specific plan shall be prepared
for the entire Carltas ownership located northeasterly of the
intersection. This provision shall not apply to:
(a) Approval for uses permitted pursuant to the
Williamson Act whether or not the specific property
involved is under contract; or
(b) Approvals for uses on separate legal lots which are
presently developed for non-agricultural purposes.
The plan shall provide for agricultural uses on approximately 345
acres of the approximately 482 acres subject to the plan, and
residential commercial and industrial uses on the remaining 137
acres. It is the intent of this provision to preserve uses
permitted pursuant to the Williamson Act on the same quantity of
acreage as is now within the agricultural preserve, to permit
development on the quantity of acreage how outside the preserve,
and to provide flexibility in the design of the specific plan
respecting the location of agricultural uses to accommodate
expansion of Car Country, community concerns respecting the
location of agricultural lands to be preserved, and to establish
a more rational, and therefore, more stable rural-urban boundary.
It is recognized that some of this land is already developed e.g.
the Pea Soup Andersen complex, and such developed portions of the
Carltas property shall be included in the aprpximately 137 acres
which may be developed. Roads shown on the specific plan may be
located entirely or partially within areas designated for
agricultural use. Commercial uses may include hotels, motels or
other facilities designed and intended to accommodate transient
occupants, and public or semi-public facilities.
The specific plan shall provide that lands designated in the plan
for agricultural use may be used for any purpose permitted by the
Williamson Act, a^^n effect on iJanuary_l , .1987 ,jyand shall be
preserved in such iis^^TQul^fcio^^ng^as^agrTcuTi-ffraPll1Jse is a viable
use, but not in perpetuity. Final approval of the specific plan
shall provide as a condition before such specific plan is
effective that the owner of the land to be subjected to the
specific plan shall record a declaration of restrictions with
respect to the land designated for agricultural use in
substantially the following form:
" This property ^g. designated for agricultural use in a
specific plan, A approved by the California Coastal
Commission. The plan does not permit its use for any
purpose other than uses permitted pursuant to the Williamson
Act .A as pf^-January.^]^— 1287 . unless the specific plan is
amenderr - a process^wnich requires Coastal Commission
approval. The purpose of this declaration is to give notice
of these circumstances to any prospective purchaser of the
property and to forestall any later plea of hardship by any
such purchaser that the property was acquired without notice
of the restrictions on use. This declaration is intended to
give notice only and is not intended to itself operate to
restrict the property in any way. Reference is made to the
Carlsbad Local Coastal Program, the specific plan, the
Carlsbad City Planning Department and the California Coastal
Commission staff for more complete information concerning
this matter. Other restrictions (e.g. the Williamson Act)
may also affect the use of this property."
The presentation and adoption of a specific plan in conformance
with the foregoing shall not be deemed to prohibit an additional
or superceding specific plan so long as such a plan is consistent
with the foregoing, and is approved by the California Coastal
Commission, or its successor as governing agency for usch coastal
matters. • .
Section '• _ . Carltas Property Specific Plan. Pursuant
to Section ~ above, the following specific plan is
adopted in conformance with the requirements of California
Government Code Section 65450-57 and is comprised of the
following text and accompanying diagram (Exhibit 1) .
(a) Distribution, location and extent of the uses of land,
including open space within the area covered by the
plan.
Exhibit 1 illustrates the distribution, location and
extent of the uses of land, including open space. The
following table is a numerical summary of information
provided in Exhibit 1.
Carltas Property
Land Use Summary
Land Use Acreage
Agriculture/Open Space/Roads 347
Auto Center Expansion 27
Resort Hotel/Casitas/Town Center & 94.7
Office/Corporate Hdq/Retail/Civic
(Using planned community zoning)
Pea Soup Andersen's Complex 15.3
(Commercial Tourist Serving uses)
(b) Proposed distribution, location, and extent and
intensity of major components of public and private
transportation, sewage, water, drainage, solid waste,
energy and other essential facilities proposed to be
located within the area covered by the plan and needed
to support the land uses described in the plan.
The Local Facilities Management Plan - Zone 13 will
provide an inventory of existing and proposed
facilities, a phasing schedule that establishes the
timing for the provision of facilities in relationship
to demand, and a financing plan that establishes
various methods of funding facilities and improvements
that are identified by the plan as needed. Pursuant to
the City's Growth Management Plan Title 21, Chapter
21.90, the Zone 13 Local Facilities Management Plan
shall be approved by the Carlsbad City Council as part
of the development review process.
(c) Standards and Criteria by which development will
proceed, and standards for conservation, development,
and utilization of natural resources, where appropriate
a program of implementation measures including
regulations, programs, public works projects, and
financing measures necessary to carry out items (a) and
(in-
consistent with Chapter 21.38 of the Carlsbad Municipal
Code, zoning and development standards will be
prepared which address the project as a whole, as well
as individual districts. Specific regulations and
standards for the conservation of natural resources
including open space areas designated within both urban
and non-urban areas will be provided. Each district
will include a self-contained set of development
standards patterned after the City's zoning ordinance.
Areas which will be covered include permitted uses,
building height, coverage, setbacks, parking, signage,
architectural and landscape guidelines. As previously
indicated, methods of financing public works projects
will be adopted as part of the Zone 13 study.
(d) Relationship of the specific plan to the general plan.
Under governing state law, adoption of the specific
plan as a part of the Carlsbad Local Coastal Program
will be followed by conforming general plan amendments.
Section . Design Policies for Boundary Between
Agricultural/open Space and Development Areas. To facilitate and
encourage the preservation of agricultural/open space uses,
design policies shall be adopted and implemented for all areas
with a common boundary between agriculture/open space and
development as follows:
(a) All buildings and structures shall be designed and
located to face in such a manner as to create
. opportunities for adequate setbacks between
agricultural/open space and developed areas.
(b) Where appropriate, fencing, mounding, hedges or roads
shall be used to provide a buffer between
agricultural/open space and developed uses.
(c) Where possible, naturalized grasses and natural
vegetation shall be utilized to provide a transition
between agricultural/open space and developed areas.
(d) All buildings shall incorporate special construction
techniques to provide attenuation from noise typically
associated with agricultural uses.
i(e) Prior to any development in the northeasterly corner,
delineated by crosshatching on Exhibit "1", treatment
of the common boundary on the western border of such
property shall be included with a specific focus on the
protection and enhancement of the agricultural use of
"swap area" depicted on Exhibit "1".
(f) The specific elements implementing the design policies
set forth above may be wholly or partially on lands
subject to development or on agricultural/open space
lands, as appropriate.
Section . Notice to Occupants. The properties
adjoiningagricultural lands shall also be subject to the
following notice and acknowledgment of agricultural uses and
impacts by any purchaser or tenant.
"This land is located adjacent to or in the vicinity of
property utilized for agricultural purposes, and
occupants of the this property may be subject to
inconvenience or discomfort arising from the use of
agricultural chemicals, including herbicides,
pesticides and fertilizers; and from the pursuit of
agricultural operations, including plowing, spraying,
pruning and harvesting which occasionally generate
dust, smoke, noise and odor. The city of Carlsbad has
established agriculture as a priority use on productive
agricultural lands,.and residents of adjacent property
should be prepared to accept such inconveniences of
discomfort from normal, necessary farm operations."
Section '•___, . Integration of Provisions. Upon
adoption, the foregoing ordinances shall supercede all prior
provisions of the Local Coastal Program affecting the property
subject to the foregoing.
jm
LCPAMEND.MCC
UTO CENTER EXPANSION
• Approx. 27 Acres
igricultural Preserve Acreage
.> \\\\ to be Swapped for
-NoM-WilliWilliamson Act land
I SON '.ACT LANDS
FUTURE DEVELOPABLE
122.51 Acres
NON-WILLIAMSON^V>,JV::• ' '*—" •» vv ILLI/^/VUV^/I N u-
^ACT LANDS/DEVELOPABLE \\
AL ACREAGE: 137.81 Acres J'
PALOMAR AIRPORT RD
DERSEN'S SPLIT PEA
" 1.5.3 Acres
SKIDMORE, OWINGS & MERRILL i .CARLTAS DEVELOPMENT COMPANYHANSEN FEHLMAN GROUP
NON-WILLIAMSON
fACT LANDS '
TOTAL'ACREAGE: ' 137.81 Acres
14 JULY 1987
••-'•'•*•! 0 400 NLESS DEVELOPED ACREAGE 15.3 Acres >^f.-:. F~~] /^ ''••-.,
FUTURE DEVELOPABLE 122.51 Acres f'^l -;V . ' .' .'•' 'j
WILLIAMSON ACT CONTRACT AMENDMENT =
Draft
FIRST AMENDMENT TO 9/18/87
LAND CONSERVATION CONTRACT
Agricultural Preserve No, 76-1
By this first amendment dated , 1987, Carltas Company, a
California Limited Partnership, successor in interest as owner to
Carltas Corporation, (hereinafter referred to as "Owner") and the
City of Carlsbad, a political subdivision of the State of
California, (hereinafter referred to as "City"), the Land
Conservation Contract dated February 10, 1976, by and between
Carltas Corporation and the City of Carlsbad (the "Contract") is
hereby amended pursuant to the provisions of Section 51257 of the
Government Code of the State of California in light of the
following facts and circumstances:
A. Pursuant to the provisions of Section 51257 of the
Government Code of the State of California, subdivision
(c) Owner has petitioned the City to permit a boundary
adjustment to include properties within Agricultural
Preserve No. 76-1 and to delete other properties of
identical acreage from said preserve.
B. City has made all determinations required under Section
51257 that such boundary adjustment should be made and
.. that the amendment stated herein is appropriate, and is
consistent with the intent of Section 51257 to provide
flexibility in the development of a Local Coastal
Program with provision for long term preservation of
agricultural lands.
C. Owner and City desire to further amend the contract to
specify certain uses permitted under the WilliamsonAct. ;
THEREFORE, it is agreed between Owner and City as follows:
Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on
the date of this amendment, the land depicted on Exhibit A as
"New Contract Land" shall hereinafter be subject to the Contract
and the land designated as "Car Country Expansion" shall be
deleted and no longer subject to the Contract.
Section 2. TERM. For purposes of the determination of the
term of this agreement with respect to the New Contract Land,
hereinmade subject to the Contract and previously not subject to
the Contract, the initial term shall be deemed to have commenced
on the date hereof and Owner hereby waives the right to cancel
this agreement as to such property for a period of 5 years
commencing on the date hereof and ending on , 1992.
Section 3. SPECIFIC USES. The list of uses delineated in
subpart B of Exhibit B to the Contract are hereby amended to add
the following:
(11) Botanical Gardens, arboretums, and other related and
supporting facilities for the display, and education
about, agricultural and floral products.
(12) Farmer's Markets or similar facilities for the
exclusive sale of agricultural and floral products.
(13) A Floral Auction and related facilities whose principalL
business is the provision of agricultural or floral f
supplies used by the agricultural/floral industry,
wholesale marketing or distribution ofj
agricultural/floral products, and transportation anc
shipment of agricultural/floral products.
(15) Such other compatible uses as the City of Carlsbad may
consider appropriate utilizing the standards for a
conditional use permit set forth in the initial
paragraph of this subpart (b) above.
Section 4. CHANGE IN NOTICE. Pursuant to the provisions of
Section 16 of the Contract, notice to Owner shall be addressed as
follows:
Carltas Company, a California Limited Partnership
4401 Manchester Ave., Ste. 206
Encinitas, CA 92024
Section 5. RATIFICATION AND AFFIRMATION OF CONTRACT.
Except as hereinabove set forth, the land conservation contract
dated February 10, 1976 is hereby ratified and confirmed.
Executed on the date first written above.
Carltas Company, a California Limited
Partnership
By:
Paul Ecke, Jr., General Partner
"OWNER"
City of Carlsbad, a Municipal Corporation
By:
, Mayor
"CITY"
[Notarial Acknowledgements] william.con
AGUA HEDIONDA LAGOON d , , "1 , ,' ", ',
[i-
I I
\\ x > \ \ > \* *" ^\ >&*3
UTO. CENTER EXPANSION ^
\\\ ' Approx. 27 Acres
ricultural Preserve Acreage
\\\\ to be Swapped ' —
-NoiT-Williamson Act LWilliamson Act Land. \
^\\^\^ \ \ \ * \\\\\^\^
SPECIAL TREATMENT. AREAl\\ \\\\* I \ l(~\ \ XV .. .v\\v.
£A^OMAR AiRpoR"rj
ANDERSEN'S SPLIT PEA
" 15.3 Acres
\UST1N HANSEN FEHLMAN GROUP.
C -A RLSBAD RANCH
CARLTAS DEVELOPMENT COMPANY ' ' >SKIDMORE, OWINGS & MERRILL
0 ^400 N
"14 JULY 1987
V;1 rnt
' i'i Exhibit't
LCP AMENDMENT SPECIFIC PLAN
Draft
9/18/87
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE EXECUTION OF AN AMENDMENT TO LAND
CONSERVATION CONTRACT BETWEEN THE CITY OF CARLSBAD AND CARLTAS
COMPANY FOR AGRICULTURAL PRESERVE NO. 76-1, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT TO CONTRACT.
The City Council of the city of Carlsbad, upon hearing duly
noticed and held hereby makes the following findings pursuant to
Section 51257 of the California Government Code with respect to
the proposed amendment to Land Conservation Contract between the
City of Carlsbad and Carltas Company for Agricultural Preserve
No. 76-1, attached hereto as Exhibit A:
(1) All the land subject to this amendment is located within the
coastal zone and the execution of this amendment is subject,
to approval by the California Coastal Commission.
(2) All of the land is located in the City of Carlsbad which is
within a County having a population in excess of 1,500,000.
(3) At least 50% of the land presently subject to the Land
Contract shall remain subject to the Contract.
(4) The land to be added to the Contract pursuant to the
amendment is equal to, or larger in size, than the land to
be removed from the contract.
(5) The land to added to the Contract is equally or more
- suitable for agricultural use than the land to be removed
from the contract, and is currently in use for agricultural
purposes. Such determination of suitability has been made
based upon the value of crops, soil quality and microclimate
all of which are substantially equal for such land.
(6) The fair market value of the land to be added to the
contract pursuant to this amendment is equal to or greater
than the fair market value of the land removed from this
contract.
(7) The contract subject to this amendment has been in effect
since February 10, 1976, a period more than 10 years prior
to the proposed amendment.
(8) The boundary adjustment is consistent with the applicable
provisions of a current General Plan, as amended on the date
hereof, and the General Plan designation of the land being
removed from the contract has been subject to change by
amendment to the General Plan adopted on the date hereof.
(9) The land to be added to the contract by this amendment is
within a contiguous body of land constituting Agricultural
Preserve No. 76-1.
(10) The proposed amendment is consistent with the findings
required under Section 51282 of the Government Code in that:
(A) That this amendment is not inconsistent for the
purposes of the Williamson Act; and
(B) The amendment is in the public interest.
Therefore, the City Council of the City of Carlsbad,
California, does hereby resolve as follows:
A. That that certain First Amendment to Land Conservation
Contract between the City of Carlsbad and Carltas
Company for Agricultural Preserve No. 76-1, a copy of
which is attached hereto marked "Exhibit A", and
incorporated herein by reference, is hereby approved.
B. That the mayor of the City of Carlsbad is hereby
authorized and directed to execute said amendment to
contract for and on behalf of the City of Carlsbad,
upon a determination of approval by the California
Coastal Commission as required under Section 51257
Past, approved, and adopted at a regular meeting of the City
of Carlsbad, California held on the _ day of _ ,
by the following vote:
Resolut.con
State of California
Memorandum
TO : Mr. Glenn Stober
State Clearinghouse
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, California 95814
Dote : September 29, 1987
Place •. Sacramento
From : Department of Food and Agriculture —1220 N Street, Room 104
Sacramento, CA 95814
Subject: SCH No. 87090904
Thank you for the opportunity to comment on the proposed Negative
Declaration for the proposed 30 acre expansion of the Car Country
retail park.
The proposed project would convert valuable coastal agricultural
land under Williamson Act Contract to urban use. This impact is
mitigated by a Williamson Act Contract trade which would place
similar nearby land under Contract. The California Department of
Food and Agriculture finds that a Negative Declaration is the
appropriate environmental document for this project.
Martha Neuman
Research Assistant
(916) 322-5227
SURNAME
Slat* of California
M*e morandum
THE RESOURCES AGENCY OF CAUFORN1A
To
From
Dr. Gordon F. Snow
Assistant Secretary for Resources
Ms. Adrienne Landers
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
Department of Conservation—Offko of tho Director
Da" ' SEP 29
Subject: proposed Negative
Declaration for Car
Country Expansion.
SCH# 87090904
The Department of Conservation is responsible for monitoring
farmland conversion on a statewide basis. The Department also
administers the California Land Conservation (Williamson) Act.
We have reviewed the City of Carlsbad's Negative Declaration for
the project referenced above, and have noted that the proposal
may involve the conversion of valuable farmland. The Department,
therefore, offers the following comments.
The proposal would involve expanding an existing retail car
dealership park onto thirty acres of land which is covered by a
Williamson Act contract. Special legislation (AB 2016) was
passed to allow an exchange, under Government Code Section 51257,
which will place thirty acres of land, not currently covered by
contract, under a Williamson Act contract. This new Williamson
Act contract will be in effect for a period of fifteen years.
The Department suggests that all requirements found in Government
Code Section 51257 be followed in order to substitute
agricultural land of similar quality and size.
The Department appreciates the opportunity to comment on the
Negative Declaration. We hope that the farmland conversion
impact and the Williamson Act contract issues are given adequate
consideration. If I can be of further assistance, please feel
free to edN^S&'-fcfc/^SlS) 322-5873.- -
cc:
Dennis J. 0'Bryant
- Environmental Program Coordinator
hief
Conservation
RESPONSE TO COMMENTS ON NEGATIVE DECLARATION FOR
CARLTAS DEVELOPMENT CO. (CAR COUNTRY)
GPA/LU 87-1
CT 87-3, SP-19(C)
ZC 87-2, LFMP 87-3(A)
DATED SEPTEMBER 11, 1987
SCH NO. 87090904
COMMENT
DATE: 9/29/37
FROM: Martha Neuman
OF: State Dept. of
Food & Agriculture
RESPONSE
So Noted
DATE:
FROM:
OF:
9/29/87
Dennis J. O1Bryant
State Dept. of Conservation
A. The new land
that will be
added to the
agricultural
preserve will be
under the
agricultural
preserve for a
period of 15
years.
B. The amendment to
the agricultural
p reserve has
followed all
the requirements
of Government
Code Section
No. 51257.
DATE:
FROM:
OF:
10/9/87
David C. Nunen Kamp
State Office of Planning &
Resource
So Noted
ACUA HIDIONOA LAGOON EXHIBIT A
11/4/87
General Plan
EXISTING
RM
PROPOSED
RRE
EXISTING
CAR COUNTRY
DEVELOPMENT
f W\ \K
GENERAL PLAN ZC
ftlSIDINTIALRL IO» DENSITY (0-M) p.c
RL.M IOW-MEDILM DENSITY(0-4) g.A
RM MEDIUM DENSITY«. 8) R.E
RMH MEDIUM HIGH DENSITY (8- 1») R.I
RH HIGH DENSITY (H-23) R-2
COMMIRCIAL " R-3
RR1 INTENSIVE REGIONAL RETAIL (eg. Pliu Camlno Real ) R- 3LRRE EXTENSIVE REGIONAL RETAIL (eg. Car Country Carlsbad) RD-M
RS REGIONAL SERVICE W>HC COMMUNITY COMMERCIAL RMHPN NEIGHBORHOOD COMMERCIAL *-PTS TRAVEL SERVICES COMMERCIAL RTO PROFESSIONAL RELATED "*CBD CENTRAL BUSINESS DISTWCTPI PLANNED INDUSTRIAL O
(-, GOVERNMENT FACILITIES cif PL BLIC UTILITIES C2
RC RECREATION COMMERCLAL C T
SCHOOLS CM
E ELEMENTARY M
; JUNIOR HIGH P'M
H HIGH SCHOOL
p PRIVATE FP
OS OPEN SPACE L-C
NRR NON RESIDENTWl RESERVE OS
k%y ^ ^— ^Ik- \ \ \ \0f -J"" N, PALOMAJl AIRPORT RO '. ^_-i^?^
^X\\\1R^| jA-n ^— -tK ^^^
)NINQ
RISIDINTIAt
PLANNED COMMUNITY ~ON€
RESIDENTIAL AGRICl'LTl RAL ZONE
RURAL RESIDENTIAL ESTATE ZONE
ONE-FAMILY RESIDENTIAL ZONE
TWO- FAMILY RESIDENTIAL ZONE
MULTIPLE F.AMILY RESIDENTIAL ZONE
LIMITED Ml/m-FAMlLY RESIDENTIAL ZONE
RESIDENTIAL DENSITY MUT.TIPLE ZONE
RESIDENTIAL DENSITY HIGH ZONE
RESIDENTIAL MOBILE HOME PARK ZONE
RESIDENTIAL PROFESSIONAL ZONE
RESIDENTIAL TOURIST ZONE
RESIDENTIAL WATERWAY ZONE
COMMERCIAL
OFFICE ZONE
NEIGHBORHOOD COMMERCIAL ZONE
GENERAL COMMERCLAL ZONE
COMMERCIAL TOURIST ZONE
HEAVY COMMERCLM. LIMITED LNDUSTRLAL ZONE
INDUSTRIAL ZONE
OTHIR
FLOODPLVtN OVERLAY ZONE
LLM1TED CONTROL
OPEN SPACE
PUBLIC UTILITY ZONI
WILLIAMSON CONTRACT AMEND.
GPA/LU 87-1
ZC 87-2
SP-19(C)
CT 87-3
LCPA 87-2
LFMP 87-3(2)
ACUA HtDIONOA IACOON EXHIBIT B
11/4/87
Zoning
EXISTING PROPOSED
E-A
R-A-10,000 C-2Q
EXISTING
CAR COUNTRY
DEVELOPMENT
NKi ^
GENERAL PLAN
RESIDENTIAL
RL iowDENSirf(n i s>
R1.M |OW MEDIUM DENSITY ((M)
RM MEDII'M DENSITY (4 8)
RMI! MEDIUM HIGH DENSITY (8- It)
RM HIGH DENSITY ( IV23)
COMMERCIAL
RRl IMF.NS1VE REGIONAL RETAlUcg Plm Omtno Roll
RRE EXTENSIVE REGIONAL RETAIL (eg Cir Country Carlsbad)
RS REGIONAL SERVICE
C COMMUNITY COMMERCIAL
M NEIGHBORHOOD COMMERCIAL
TS TRAVEL SERVICES COMMERCIAL
O PROFESSIONAL RELATED
COD (.TNIRAI. BI.'SINESS DISTRICT
PI PLANNED INDI'SIRIAL
<; (iOVFRNMFNT FACILITIES
I) prni.lC UIILIT1ES
RC «r< RFAMON COMMERCIAL
SCHOOLS
E nl.f.MENTARYJ JINIORMIGHII Illtill SCHOOLr rmvATE
OS (ll'EN'il'ACE
NRR NON RESIDENTIAL RESERVE
.LI AK 1\ ^
P- ^c \ TT ,0, ^ , PAlOMAJi AIRPORT RO . —ZZS^"
1 ^\X^?R4i 4A-, ^—fr ^-r
ZONING
RESIDENTIAL
PC PLANNED COMMLTIITY'ONF.
R-A RESIOENTULAGRICL'LTLR.'.LZONE
RE Rl'R,\L RESIDENTIAL ESTATE ZONE
R-I ONE FAMILY RESIDENTIAL ZONE
RJ TWO FA,MILVR£SIDENT1AI ZONE
R- \ Ml'LllPLE FAMILY RESIDENTIAL ZONt
R 5L LIMITED Ml LTI FAMILY RESIDENTIAL ZONE
RD-M RESIDENTIAL DENSITY MULTIPLE ZONE
RD H RESIDENTIAL DENSITY HIGH ZONE
RM1IP RESIDEN1TAI MOBILE HOME PARK ZONE
RP RESIDENTIAL PROFESSIONAL ZONE
RT RESIDENTIAL TOURIST ZONE
RW RESIDENTIAL WATERWAY ZONE
COMMERCIAL
O OFFICE ZONE
C-l NEIGHBORHOOD COMMERCIAL ZONEC 2 GENERAL COMMERCIAL ZONE
CT COMMERCIAL TOI'RJST ZONE
CM HEAVY COMMERCLU. LIMITED INDUSTRIAL ZONE
M INDUSTRIAL ZONE
P-M PLANNED INDUSTRIAL ZONE
OTHER
F-P F1OODPI.MN OVERLAY ZONE
1C LIMITED CONTROL
OS OPEN SPACE
P U PUBLIC UTILITY ZONE
WILLIAMSON CONTRACT AMEND.
GPA/LU 87-1
ZC 87-2
SP-19IC)
CT 87-3
LCPA 87-2
LFMP 87-3(2)
EXHIBIT C 11/4/87
Policy 2-1 C. PERMITTED USES ON DESIGNATED COASTAL
AGRICULTURAL LANDS
The land uses described below shall apply to
any designated coastal agricultural land
which has not been approved for development.
1. On any Class I through Class IV
Agricultural Lands (See Exhibit 4.2.),
the following uses only are permitted:
a. Cattle, sheep, goats, and swine
production, provided that the
number of any one or combination of
said animals shall not exceed one
animal per half acre of lot area.
Structures for containing animals
shall not be located within 50 feet
of any habitable structure on the
same parcel, nor within 300 feet of
an adjoining parcel zoned for
residential uses.
b. Crop production;
c. Floriculture;
d. Horses, private use;
e. Nursery crop production;
f. Poultry, rabbits, chinchillas,
hamsters, and other small animals,
provided not more than 25 of any
one combination thereof shall be
kept within 50 feet of any
habitable structure nor within 300
feet of an adjoining parcel zoned
for residential uses;
g. Roadside stands for display and
sale of products produced on the
same premises, with a floor area
not exceeding 200 sguare feet and
located not nearer than 20 feet to
any street or highway;
h. Tree farms;
i. Truck farms;
j. Wildlife refuges and game
preserves;
k. Other uses or enterprises similar
to the above customarily carried on
in the field of general agriculture
including if necessary accessory
uses such as private garages,
children's playhouses, radio and
television receiving antennas,
windmills, silos, tank houses,
shops, barns, offices, coops, lath
houses, stables, pens, corrals, and
similar uses required for the
-2-
conduct of the uses above;
1. One single family dwelling and
guest house per existing legal
building parcel;
m. Dogs, cats, and other domestic
pets, provided not sore than four
dogs or four cats older than six
months or any combination thereof
shall be kept on any lot or parcel
of land; and
n. Home occupation.
On any class V through VIII Agricultural
Lands (See Exhibit 4.2.)/ the following
uses only are permitted:
a. All of the permitted uses listed
above;
b. Hay and feed stores;
c. Nurseries, retail and wholesale
d. Packing sheds, processing plants
and commercial outlets for farm
crops, provided that such
activities are not located within
100 feet of any lot line;
e. Greenhouses, provided all
requirements for yard setbacks and
height as specified in Chapter
-3-
21.07 of the Code are met.
3. On any Class I through VIII
Agricultural Lands (See Exhibit 4.2.),
the following uses are permitted by
conditional use permit provided:
a. The use promotes and provides for
the long term preservation of
Coastal Agricultural Land; and
b. Fulfills the requirements and
findings for a conditional use
permit with the City of Carlsbad.
1. Apiary, provided that all
hives or boxes housing bees
shall be placed at least 400
feet from any street, school,
park, "R" zone, or from any
dwelling or place of human
habitation other than that
occupied by the owner or
caretaker of the apiary;
2. Aviaries;
3. Poultry, rabbits, chinchillas,
hamsters, and other small
animals in excess of the
number specified in Section
21.07.020.
-4-
4. Farm employee housing for
persons working onsite,
provided the number of units
shall not exceed two per gross
acre of land area and no such
housing is located closer than
50 feet from any lot line;
5. Hay and feed stores;
6. Nurseries, retail and
wholesale;
7. Packing sheds or small
processing plans for farm
crops, similar to those being
grown on the premises,
provided no such processing
plant is located within 50
feet of any lot line;
8. Public works projects;
9. Sanitary landfills, temporary;
10. Stables and riding academies,
public;
11. Botanical gardens, arboretums,
and other related and
supporting facilities for the
display and education about
agricultural and floral
-5-
products within Carlsbad or
the surrounding region;
12. Fanner's markets or similar
facilities for the exclusive
sale of agricultural and
floral products within
Carlsbad or the surrounding
region; and
13. A floral auction and related
facilities which provide
financial support to flower
growers within Carlsbad and
the surrounding region.
Policy 2-2 "MIXED-USE" DEVELOPMENT
Intent
This policy provides conditional development standards for the
area of approximately 482 acres north of Palomar Airport Road and
east of Paseo del Norte including the additional 20 acres between
Paseo del Norte and Interstate-5. (See Exhibit 4.3.) All such
lands owned either by Carltas or Ecke or their successors in
interest shall be permitted, pursuant to approval of a Master
Plan or a combination of a Specific Plan and Master Plan, to
convert certain agricultural lands to residential and/or non-
-6-
residential (including tourist-serving commercial) development as
a means of providing supplementary uses which will assist in the
retention of agricultural uses on the remaining portions of these
parcels. It should be noted that residential uses are possible
only where they do not conflict with the Airport Influence Area
and where they are compatible with adjacent uses.
A. Basic Permitted Uses on Existing Legal Parcels
Where each existing legal parcel as of July 14, 1987, (See
Exhibit 4.3.) is developed individually, permitted uses shall be
those described above in Policy 2-1 C Permitted Uses on
Designated Coastal Agricultural Lands.
B. Uses Conditionally Permissible Pursuant to the Development
of the Entire Area Subject to a Master Plan
1. Consistent with the Carlsbad General Plan residential,
commercial (including tourist serving commercial), and other
non-residential uses may be developed up on to 137 acres of
the approximately 482 acre site subject to a Master Plan for
the entire site.
2. Development shall be clustered along Palomar Airport Road,
Paseo del Norte, and Cannon Road as per Exhibit 4.3A.
3. Any amendment to the location of the developable area shall
be required to prove that the new area for development is
not more suitable for agriculture than the previously
-7-
developable area. The intent: of this requirement is to
cluster development on lands least suitable for agriculture.
4. All remaining lands of approximately 345 acres (See Exhibit
4.3A.) shall as a condition of the Master Plan be preserved
in agriculture for as long as feasible. Feasibility shall
be determined for the entire 345 acres covered by this
restriction. Further, feasibility shall be subject to the
requirements of the Hello II Coastal Agricultural Overlay
Zone Section 21.82.060(c).
5. Pursuant to Section 51257 of the Government Code, the
boundaries of the lands designated for agriculture may be
amended.
6. As an interim step (prior to a complete Master Plan) a 35
acre portion of the 137 acres of developable land located
adjacent and easterly to Phase I of Carlsbad Car Country may
be developed as a Phase II expansion of Carlsbad Car Country
pursuant to a Specific Plan.
7. The 137 acres of developable land includes any portion of
the 482 acre site (See Exhibit 4.3A.) that has been
developed prior to the Master Plan approval.
8. The Master Plan shall provide a mix location and intensity
of land uses that are compatible with and will not adversely
impact the long term viability of agricultural uses.
9. All development shall include special treatment buffers
either through design or through physical barriers that
stabilize the urban - agricultural boundaries and limit to a
-8-
level of insignificance agricultural impacts on the urban
uses.
10. All tenants of developable portions of the site shall be
notified as to the requirements of the Specific and Master
Plans and agricultural uses on the designated land.
11. In implementing the Master Plan all land owners and
tenants within the 482 acre site shall waive any right to
file nuisance claims against normal agricultural operations.
12. All development shall be located so as to not interfere with
normal agricultural operations including but not limited to
cultivation, irrigation, and spraying.
13. As a condition of approval of either the Master Plan or the
Specific Plan for the Phase II expansion of Carlsbad Car
Country, whichever occurs first, the property owners
(Carltas and/or Ecke or their successors in interest) shall
record a deed restriction endorsed by the Coastal Commission
or its successor in interest and the City of Carlsbad that
the 345 acres of land identified on Exhibit 4.3 are
designated for Agricultural uses and any modification of use
shall require a LCP amendment.
14. It is recognized that roads can function as buffers between
dissimilar land uses as well as providing access to uses.
Therefore, roads may be located entirely or partially or not
at all within areas designated for agricultural use. The
decision to include or exclude (either partially or
entirely) roads shall be a condition of the coastal
-9-
development permit that includes the construction of the
road.
-10-
ACUA HECXONDA
LAGOON
EXHIBIT 4.2A CARLTAS AGRICULTURAL LANDS U
AGRICULTURAL LANDS
I::::::;:::: CLASS I-IV SOILS
| CLASS V-VIII SOILS
Assessor's P.rc.ls as of 7/14/87
^S ACREAGE
211-010-11 66-96
-021-13 2.94
-14 12.37
-15 13.46
-18 23.05
-19 102.58
-20 86.00
-21 175.11
8 Parcels 482.47
EXHIBIT C2
74/87
ACUA HEDONDA
LAGOON
CARLTAS CO.
\ 211-O21-14
^ 12.37 Ac '
_PALQMAR ARPQRT ROAD
EXHIBIT 4.3 MIXED USE DEVELOPMENT UNDER A MASTER PLAN
Mello II Segment Carlsbad LCP
! :::x; 345 ACREH;K; LAND USE S OF AGRICULTURAL
/ / 137 ACRES OF RESIDENTIAL. COMMERCIAL
// & OTHER NON-RESIDENTIAL DEVELOPMENT
AS PER C ARLSBAD GP
Assessor's Paresis as »f 7/14/87
APN
211-010-11
-021-13
-14
-15
-18
-19
-20
-21
8 Parcels
ACRFARF
66.96
2.94
12.37
13.46
23.05
102.58
86.00
175.11
482.47
EXHIBIT D 11/4/87
FIRST AMENDMENT TO
LAND CONSERVATION CONTRACT
Agricultural Preserve No. 76-1
By this first amendment dated , 1987, Carltas
Company, a California Limited Partnership, successor in interest
as owner to Carltas Corporation, (hereinafter referred to as
"Owner") and the City of Carlsbad, a political subdivision of the
State of California, (hereinafter referred to as "City"), the
Land Conservation Contract dated February 10, 1976, by and
between Carltas Corporation and the City of Carlsbad (the
"Contract") is hereby amended pursuant to the provisions of
Section 51257 of the Government Code of the State of California
in light of the following facts and circumstances:
A. Pursuant to the provisions of Section 51257 of the
Government Code of the State of California, subdivision
(c) , the Owner has petitioned the City to permit a
boundary adjustment to add properties to Agricultural
Preserve No. 76-1 and to delete other properties of
identical acreage from said preserve.
B. The City and California Coastal Commission have made
all determinations required under Section 51257 that
such boundary adjustment should be made and that the
amendment stated herein is appropriate, and is
consistent with the intent of Section 51257 in the
development of a Local Coastal Program with provision
for long term preservation of agricultural lands.
C. Owner and City desire to further amend the contract to
specify certain conditional uses permitted under the
Williamson Act.
THEREFORE, it is agreed between Owner and City as follows:
Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on
the date of this amendment, the land depicted on the attached
Exhibit "Dl", dated, November 4, 1987, as "New Contract Land"
shall hereinafter be subject to the Contract and the land
designated as "Carlsbad Car Country Phase II" shall be deleted
and no longer subject to the Contract. There shall be no net
loss of land under Land Conservation Contract Agricultural
Preserve No. 76-1 due to this boundary amendment.
Section 2. TERM. For purposes of the determination of the
term of this agreement with respect to the New Contract Land,
hereinmade subject to the Contract and previously not subject to
the Contract, the term shall be for 15 years from the effective
date of this amendment and Owner hereby waives the right to
cancel this agreement as to such property for a period of five
years commencing on the effective date of this amended contract.
Section 3. SPECIFIC USES. The list of uses delineated in
subpart of B of Exhibit "B" to the Contract are hereby amended to
add the following:
(11) Botanical gardens, arboretums, and other related
and supporting facilities for the display, and
education about, agricultural and floral products
produced within Carlsbad and surrounding region;
(12) Farmer's markets or similar facilities for the
exclusive sale of agricultural and floral products
produced on the same premises;
(13) A floral auction and related facilities which
provide financial support to flower growers within
Carlsbad and the surrounding region.
Section 4. CHANGE IN NOTICE. Pursuant to the provisions of
Section 16 of the Contract, notice to Owner shall be addressed as
follows:
Carltas Company, a California Limited Partnership
4401 Manchester Avenue, Suite 206
Encinitas, California 92024
Section 5. RATIFICATION AND AFFIRMATION OF CONTRACT.
Except as hereinabove set forth, the land conservation contract
dated February 10, 1976, is hereby ratified and confirmed.
Executed on the date first written above.
Section 6. RECORDATION. The Owner shall record this
admendment as per Section 51283.4 of the California Government
Code.
Section 7. AMENDMENT PROCEDURES. Amendment of this
amendment of Land Conservation Contract Agricultural Preserve No.
76-1 shall not occur until all conditions and contingencies
specified in the agreements have been satisfied.
Carltas Company, a California Limited
Partnership
By: -
Paul Ecke, Jr., General Partner
"OWNER"
City of Carlsbad, a Municipal Corporation
By:
Claude Lewis, Mayor
"CITY"
[Notarial Acknowledgements]
EXHIBIT Dl
11/4/87
AGUAHEDKDNDA
LAGOON
Proposed Agricultural Preserve 76-1 Boundary Amend.
Original 1976 Agricultural Preserve Contract Boundary:
BOUNDARY AMENDMENT
Added to the Preserve (New Contract Land)
Removed from the Preserve
CflRlTfiScompany
^September 23, 1987''' : '
Mr. Martin Orenyak
Director of Community Development ;
City of Carlsbad
,2075 Las Palmas •
Carlsbad, CA 92008 '
Re: Car Country Expansion - LCP
Dear Marty:
In my letter of September 18, 1987, I outlined the basis upon
which we had proposed dealing with the LCP Amendment/Williamson
Act exchange issues, as well as what we believe to be the
concurrence of the Coastal Commission with our proposed
resolution.
It appears that I may have misunderstood the scope of the
response by the staff of the Coastal Commission.
First the text language changes are reflective of specific
comments by the Coastal Commission staff. The staff has not
reviewed the typed document which has been returned to them, but
I believe it includes their language.
Secondly, with respect to identification of the exchange parcel,
the Coastal staff expressed an understanding of the position
which is described in my letter of September 18, 1987.
However their optimum desired solution for all areas of
development is to minimize the boundaries between the urban and
rural areas, and thus minimize the potential conflicts along
.those boundaries. The solution which we have proposed is
therefore not an optimum solution from their perspective, but it
is the best solution given all of i the circumstances. It is a
solution which if supported by the City of Carlsbad, the Coastal
staff is prepared to consider it and we believe that it would not
be necessarily an inappropriate resolution of the issues.
Accordingly, before the Coastal Staff would be willing to confirm
that the resolution is satisfactory they require the City confirm
either that it is supportive of this particular resolution or
that the City has an alternative which it would propose be
submitted and which would also be considered by the Coastal
Commission along with our proposal.
4401 MANCHESTER AVE., SUITE 206 • ENCINITAS, CALIFORNIA 92024 U.S.A. • (619) 944-4090
..' .a*; --:.
,/4-Letter to Marty OrenyaJc
::;;>; September 23, 1987;; );•!•,: Page Two
Accordingly prior to resolving at the staff level the specific
language which can be incorporated within the package going
before the City Council, a resolution of the policy issues which
we discussed last week has to be made.
We do not believe that options exist which would be acceptable
taking into account the agricultural, planning, and legal aspects
other than the kind of proposal which we have submitted (subject
to the kinds of protective language for the narrow easterly
boundary.
Because of the importance of the issue and because of the
willingness of the Coastal staff to deal with the issue either at
the end of the week or the first part of next week if they have
the input of the City of Carlsbad, I ask that we meet and discuss
with your staff as soon as possible. The position of the City
should be clarified and a final concurrence from the Coastal
staff must be resolved. Only with this kind of prompt
reconciliation can we proceed on the timetable.
I apologize for the apparent confusion in my recollection of the
circumstance of the meeting with Coastal staff, but that does not
change the conclusions or the matters presented in my letter.
Please let me know if there is any material we could submit and
the time for any5meeting.
CCC/ns
cc:
Michael Holzmiller
Gary Wayne
CARLTAS DEVELOPMENT
COMPANY
September 18, 1987
Mr. Martin Orenyak
Director of Community Development
City of Carlsbad
2075 La Palmas
Carlsbad, CA 92008
Re: Car Country Expansion
Dear Marty:
As you are aware, we have reached an impasse with your staff
regarding the kinds of uses, other than new car dealerships,
which would be permitted on the Car Country Expansion property.
Specifically, we appear to have reached an impasse in looking at
the narrow issue of permitting limited kinds of uses on a few
lots which would be supportive of and, in fact, necessary to, the
success of the Car Country Auto Park.
The principal supportive services that we have requested would be
the office uses related to auto leasing and insurance, as well as
a food service and a financial institution located within the
park. Under the current circumstances, those people visiting the
park, as well as employees within the park, are required to get
in automobiles and travel one to two miles away to find either
food service or financial/daily banking services. Further, for
auto financing, to the extent it is not available on site at a
dealer's location, no alternative exists without driving several
miles.
This makes the park less desirable than those auto sales areas
located in the vicinity of supportive services and we believe
that it creates an additional burden on the circulation system of
the City of Carlsbad which is both unnecessary and undesirable.
We are prepared to have the requirements for permitting these
uses be substantially discretionary with you or your designee but
we believe the best interests of the park are served by having
these services present.
Further, we believe that the City of Carlsbad should have within
this park, to the extent it is feasible, the ancillary auto
services (such as stores for the sale of tires, mufflers, auto
accessories, etc.) which those persons buying new cars often look
for and are unable to find at a dealership. There are no areas
within the City of Carlsbad where these uses are specifically
4401 MANCHESTER AVE., SUITE 206 • ENCINITAS, CALIFORNIA 92024 U.S.A. • (619) 944-4090
Mr. Martin Orenyak
September 18, 1987
Page Two
contemplated and we believe that within some parameters they
should be permitted here. To be feasible, these services must
have some visibility from Cannon Road.
Again, we are prepared to have these accessory auto uses limited
by your discretionary review but we believe the Specific Plan
should not prohibit these services, as does the draft approved by
staff which we are submitting. Accordingly, we request that
there be a modification in the Specific Plan in accordance with
the alternate page to the Specific Plan attached to this letter.
If your staff position continues to be that the Specific Plan
should prohibit such uses, then we wish to present an alternative
to the Planning Commission and Council, since we believe the
possibility of such uses in the park should not be barred by this
Specific Plan.
Very truly yours,
CarItas Development Company
stopher C. Calkins, President
CCd/jm
orenyakS.Ice
cc: Michael Howes
Ill PROJECT DEVELOPMENT STANDARDS
This section sets forth development standards which shall apply to all lots
within the Car Country Expansion Specific Plan. New car sales is the principle
allowed use of the Car Country Expansion and is allowed on all lots. In addition
to new car sales certain other uses described in this section are allowed on Lots
1 - 3.
A. Permitted Uses
1. All Lots
a. Motor vehicle dealerships for the retail sales, leasing, renting and
servicing of new and used automobiles and other motor vehicles such
as recreational vehicles but whose primary activity is new vehicle
l( sales.
2. Lots 1 - 3
a. All permitted uses cited in (1.) above.
b. Retail automotive parts sales and service including but not limited to
the following:
1) Tire sales and service
2) Muffler shops
3) Brake shops
4) Wheel alignment and suspension services
5) Tune-up and oil changing facilities .
6) Transmission repair
7) Auto detailing and interior work
8) Auto accessories
9) Car wash
c. Financial and credit institutions without drive-thru service.
d. Restaurants, without drive-thru service.
e. Professional offices related to the Motor Vehicle industry such as
insurance agencies, auto brokers and any other similar uses approved
by the Planning Director.
f. Auto rental and leasing.
3. Uses Subject To A Conditional Use Permit - Lots 1-3
a. Gasoline service station(s) with mini-market.
CflRlTflScompany
September 18, 1987
Mr. Martin Orenyak
Director of Community Development
City of Carlsbad
2075\Las Palmas
Carlsbad, CA 92008
Re: Car Country Expansion
Dear Marty:
This letter confirms the discussions at our meeting with your
staff approximately one week ago, and with you and the Senior
Staff on Monday about the expansion. On Friday, September 18,
1987, we met with the Coastal Commission staff, and the enclosed
documents include the modifications requested by them. All
modifications are marked.
The specific issues not only include the identification of the
area of land currently outside the Williamson Act which will be
made subject to the contract but also the overall issues relating
to the scope of the LCP Amendment which would accompany the Car
Country Expansion.
As summarized below, we continue to believe that the documents,
as submitted to you, not only reflect the scope of agreements
which we believed had been arrived at with the Coastal Commission
(and with your staff earlier this year) but reflect sound
planning, agricultural and coastal policies.
1. Exchange Parcel - Agricultural Issues
The proposed amendment to the Williamson Contract, attached
as Exhibit "A", identifies a parcel of land to be included
in the contract which is located immediately south of the
existing contract land. The property would be surrounded on
three sides by non-contract property including a relatively
small portion lying to the east between the contracted and
non-contracted property. Our determination that this parcel
is appropriate is based upon our analysis of the
requirements of the legislation (that the land ,be
contiguous, be appropriate for farming, and be at least of
equal quality to that being removed from the contract) and
also longer term considerations related to planning for the
mix of agricultural/open space and non-agricultural uses in
the future.
4401 MANCHESTER AVE., SUITE 206 • ENCINITAS, CALIFORNIA 92024 • (619) 944-4090
Mr. Martin Orenyak
September 18 1987
Page Two
This particular parcel is located immediately to the
southeast of a rotation crop now under production, and has
lain fallow for approximately the past three months. It is
intended to be immediately farmed by our lessee and contains
soils in a location below the ridge line which will
protect it against the worst of the winds. To choose a
parcel further up on the ridge would subject the flowering
plants to greater winds and greater concomitant risk of
damage than in the area that we have designated.
Further, the agricultural use in this parcel could be fully
buffered in whatever planning is ultimately done for the
development areas, if we were to remain with the current
development area outside the Williamson Contract rather than
a modified plan.
It is clearly better property and less subject to risk of
disturbance than property lying alongside Palomar Airport
Road where not only substantial traffic will occur but also
substantial development of the roadway itself is proposed
with the concomitant loss of agricultural land for some
period of time while the road improvements are under
construction. The parcel selected also is less subject to
risk of erosion damage because of its topography. Finally,
it lies within the window of visibility from the freeway
along the front ridge, a window of visibility which does not
exist on the most extreme southerly portion.
The proposed LCP Amendment acknowledges special treatment of
the area east of the swap area to enhance the swap area' s
agricultural viability.
2. Planning
We believe that the proposed exchange also comforms with
good planning concepts since it sets a significant portion
of the most visible part of the front ridge into the more
restrictive exchanged contract areas. This would be
compatible with the objective of the Citizen's Committee
which was to retain the flower fields on the front ridge.
It will also abut the roadway designed to carry certain
traffic going to Car Country areas, thus providing
visibility to the visitors to the park as well as community
members.
We have discussed with you some additional planning concepts
which would be accommodated by the use of this parcel but
would not be accommodated by locations anywhere else that
might be otherwise consistent with the Act. As you are
Mr. Martin Orenyak
September 18, 1987
Page Three
aware, the swap legislation does not permit subsequent
exchange of a parcel which has once been added to a
contract.
3. LCP Amendment
Four major issues have existed under the current LCP which
we believe to be necessary for resolution within this LCP
Amendment in order both for the Car Country Expansion to
proceed and for us to have guidelines which would permit
additional planning. These include the following:
(a) Acreage for Development.
In order to satisfactorily permit a mix of uses that
economically will accommodate the enhancement of the
agricultural and open space uses, there has been a
consensus that the LCP will be amended to provide that
the area for development would be equal to that portion
not under Williamson Contract (approximately 137
acres) . I do not believe there is any disagreement but
it is important from our perspective that this
agreement accompany our commitment of certain areas of
land to the highly restrictive uses of the Car Country.
The use of a Planned Community designator with the
delineation of the development site as the parcels
outside of the Williamson Contract is satisfactory to
the Coastal staff.
(b) Roadway Alignments.
We have discussed with the Coastal Staff and have
proposed that the amendment permit roadways
accompanying development to be wholly or partially in
the agricultural area. This reflects a belief that the
roadways not only service the agricultural areas in
part, but also provide the major enhancement and
buffering of developed and non-developed areas. The
roadways are an aesthetic link for the community
necessary to carry out the objectives of the LCP, both
as to enhancement of agriculture and access.
Under current law, these public roadways could be taken
out of the agricultural land or Williamson Act Contract
under eminent domain without any dimunition of other
rights of the landowner. To not specify that in
determining the relative development area and
agricultural area that the roadways may be partially or
Mr. Martin Orenyak
September 18, 1987
Page Four
wholly within agricultural and non-agricultural land
significantly diminishes the economic viability of the
long term master planning we have discussed. In
addition, it would diminish the desirability of
providing the Car Country Expansion land as well as the
lands set aside for agriculture that we envisioned. We
believe it inconsistent with the objective of
protecting the agricultural areas as well as the
overall intent of the mixed use plan.
The language in the LCP permits, but does not require,
the roads to be in this kind of configuration. We, in
fact, envision that some roads will be in agriculture
(primarily major circulation and "demising" roads)
' while other roads will be wholly within the development
areas.
(c) Form of Restriction
The current LCP provides in broad language for some
form of "easement for agriculture". From the outset of
discussions about this matter, we have been adament
about satisfactorily clarifying such language because
of uncertainties of definition, the difficulties of
dealing with agricultural viability, and the lack of
any methodology for dealing with modifications, when
and if modifications are necessary (since the
conveyance of an easement is the conveyance of a
property right). We have discussed and believe we have
reached agreement with the Coastal Staff on the use of
a form of deed restriction for the property rather than
an easement. We continue to believe that a deed
restriction is the appropriate mechanism and it is one
which is acceptable to us while the form of easement is
not.
It does not diminish the City of Carlsbad's or the
Coastal Commission's ability to define the areas which
are in agriculture and the standards under which
conversion (if conversion is appropriate) must occur.
It merely permits maintaining governmental land use
control rather than a transfer of land in fee interest.
We believe the regulatory power of the City and the
Coastal Commission is properly exercised through its
land use categorization and regulation and not through
the requirement of conveyance of ownership which the
easement requires.
Mr. Martin Orenyak
September 18, 1987
Page Five
(d) Uses
We believe it is important to spell out in greater
detail the kinds of uses that are permitted on the
agricultural land and the uses should be in conformance
with the Williamson Act so the lands are not governed
by three different sets of statements: ie., LCP, zoning
and Williamson Act. The proposed amendment proposes
conformance with the Williamson Act.
We believe it is in the best interests of the City and
in the long term consistent with the Coastal Act, as
well as agreeable to us, that there be a single
definition covering the property.
After our discussions today with the Coastal Staff,
some clarifying language has been added.
All of the specific language of the attachments and the diagrams
have been preliminarily reviewed by the Coastal Staff and they
are now satisfactory. By separate letter, I have sent Adam
Birnbaum a copy of the revisions with the language worked out in
his office, to assure that we are on track.
We are prepared to discuss these issues further with you or with
Coastal Staff but they are issues critical to proceeding with the
Car Country Expansion. We understand that your staff is
resolving any remaining policy issues and we assume will proceed
with the proposed draft documents (Exhibits "A" and "B").
We ask that your staff review these and let us know if you wish
to discuss any further changes.
Very truly yours,
Carltas^-poaipj
By:
C. NSalkins, Manager
CCC/jm
orenyak2.Ice
cc: Michael Howes
Michael Holzmiller
Gary Wayne
"
DRAFT
9/18/87
TO BE ADOPTED AS LCP AMENDMENT/IMPLEMENTING ORDINANCE
CITY OF CARLSBAD - ORDINANCE
Section . Carltas Property - Specific Plan/LCP
Implementation.
Section . Applicability. The provisions of this
Section shall apply to the land north of Palomar
Airport Road and east of Interstate 5 described as Assessor's
Parcels 211-010-11, 211-021-13, 14, 15, 18, 19 20, 21, 24, 25,
(hereinafter collectively referred to as the "Carltas Property"),
and Assessor's parcels 211-021-22, 211-021-23, 211-021-24
(hereinafter referred to as the "Pea Soup Andersen Complex").
Section . Required plan; Contents. Before any
building permit, grading permit, discretionary approval,
entitlement for use or development is approved for any of the
Carltas Property for any use, a specific plan shall be prepared
for the entire Carltas ownership located northeasterly of the
intersection. This provision shall not apply to:
(a) Approval for uses permitted pursuant to the
Williamson Act whether or not the specific property
involved is under contract; or
(b) Approvals for uses on separate legal lots which are
presently developed for non-agricultural purposes.
The plan shall provide for agricultural uses on approximately 345
acres of the approximately 482 acres subject to the plan, and
residential commercial and industrial uses on the remaining 137
acres. It is the intent of this provision to preserve uses
permitted pursuant to the Williamson Act on the same quantity of
acreage as is now within the agricultural preserve, to permit
development on the quantity of acreage now outside the preserve,
and to provide flexibility in the design of the specific plan
respecting the location of agricultural uses to accommodate
expansion of Car Country, community concerns respecting the
location of agricultural lands to be preserved, and to establish
a more rational, and therefore, more stable rural-urban boundary.
It is recognized that some of this land is already developed e.g.
the Pea Soup Andersen complex, and such developed portions of the
Carltas property shall be included in the aproximately 137 acres
which may be developed. Roads shown on the specific plan may be
located entirely or partially within areas designated for
agricultural use. Commercial uses may include hotels, motels or
other facilities designed and intended to accommodate transient
occupants, and public or semi-public facilities.
The specific plan shall provide that lands designated in the plan
for agricultural use may be used for any purpose permitted by the
Williamson Act, agin effect pn__Januarv 1, ..19 87 ,A and shall be
preserved in such useTRS*1'!!?^^ s e is a viable
use, but not in perpetuity. Final approval of the specific plan
shall provide as a condition before such specific plan is
effective that the owner of the land to be subjected to the
specific plan shall record a declaration of restrictions with
respect to the land designated for agricultural use in
substantially the following form:
11 This property ja. designated for agricultural use in a
specific plan, A approved by the California Coastal
Commission. The plan does not permit its use for any
purpose other than uses permitted pursuant to the Williamson
unless the specific plan is
requires Coastal Commission
approval. The purpose of this declaration is to give notice
of these circumstances to any prospective purchaser of the
property and to forestall any later plea of hardship by any
such purchaser that the property was acquired without notice
of the restrictions on use. This declaration is intended to
give notice only and is not intended to itself operate to
restrict the property in any way. Reference is made to the
Carlsbad Local Coastal Program, the specific plan, the
Carlsbad City Planning Department and the California Coastal
Commission staff for more complete information concerning
this matter. Other restrictions (e.g. the Williamson Act)
also affect the use of this property."
The presentation and adoption of a specific plan in conformance
with the foregoing shall not be deemed to prohibit an additional
or superceding specific plan so long as such a plan is consistent
with the foregoing, and is approved by the California Coastal
Commission, or its successor as governing agency for usch coastal
matters .
Section _ . Carltas Property Specific Plan. Pursuant
to Section _ • above, the following specific plan is
adopted in conformance with the requirements of California
Government Code Section 65450-57 and is comprised of the
following text and accompanying diagram (Exhibit 1) .
(a) Distribution, location and extent of the uses of land,
including open space within the area covered by the
plan.
Exhibit 1 illustrates the distribution, location and
extent of the uses of land, including open space. The
following table is a numerical summary of information
provided in Exhibit 1.
Carltas Property
Land Use Summary
Land Use Acreage
Agriculture/Open Space/Roads 347
Auto Center Expansion 27
Resort Hotel/Casitas/Town Center & 94.7
Office/Corporate Hdq/Retail/Civic
(Using planned community zoning)
Pea Soup Andersen's Complex 15.3
(Commercial Tourist Serving uses)
(b) Proposed distribution, location, and extent and
intensity of major components of public and private
transportation, sewage, water, drainage, solid waste,
energy and other essential facilities proposed to be
located within the area covered by the plan and needed
to support the land uses described in the plan.
The Local Facilities Management Plan - Zone 13 will
provide an inventory of existing and proposed
facilities, a phasing schedule that establishes the
timing for the provision of facilities in relationship
to demand, and a financing plan that establishes
various methods of funding facilities and improvements
that are identified by the plan as needed. Pursuant to
the City's Growth Management Plan Title 21, Chapter
21.90, the Zone 13 Local Facilities Management Plan
shall be approved by the Carlsbad City Council as part
of the development review process.
(c) Standards and Criteria by which development will
proceed, and standards for conservation, development,
and utilization of natural resources, where appropriate
a program of implementation measures including
regulations, programs, public works projects, and
financing measures necessary to carry out items (a) and
(b).
Consistent with Chapter 21.38 of the Carlsbad Municipal
Code, zoning and development standards will be
prepared which address the project as a whole, as well
as individual districts. Specific regulations and
standards for the conservation of natural resources
including open space areas designated within both urban
and non-urban areas will be provided. Each district
will include a self-contained set of development
standards patterned after the City's zoning ordinance.
Areas which will be covered include permitted uses,
building height, coverage, setbacks, parking, signage,
architectural and landscape guidelines. As previously
indicated, methods of financing public works projects
will be adopted as part of the Zone 13 study.
(d) Relationship of the specific plan to the general plan.
Under governing state law, adoption of the specific
plan as a part of the Carlsbad Local Coastal Program
will be followed by conforming general plan amendments.
Section . Design Policies for Boundary Between
Agricultural/open Space and Development Areas. To facilitate and
encourage the preservation of agricultural/open space uses,
design policies shall be adopted and implemented for all areas
with a common boundary between agriculture/open space and
development as follows:
(a) All buildings and structures shall be designed and
located to face in such a manner as to create
opportunities for adequate setbacks between
agricultural/open space and developed areas.
(b) Where appropriate, fencing, mounding, hedges or roads
shall be used to provide a buffer between
agricultural/open space and developed uses.
(c) Where possible, naturalized grasses and natural
vegetation shall be utilized to provide a transition
between agricultural/open space and developed areas.
(d) All buildings shall incorporate special construction
techniques to provide attenuation from noise typically
associated with agricultural uses.
!(e) Prior to any development in the northeasterly corner,
delineated by crosshatching on Exhibit "1", treatment
of the common boundary on the western border of such
property shall be included with a specific focus on the
protection and enhancement of the agricultural use of
"swap area" depicted on Exhibit "l".
(f) The specific elements implementing the design policies
set forth above may be wholly or partially on lands
subject to development or on agricultural/open space
lands, as appropriate.
Section . Notice to Occupants. The properties
adjoining agricultural lands shall also be subject to the
following notice and acknowledgment of agricultural uses and
impacts by any purchaser or tenant.
"This land is located adjacent to or in the vicinity of
property utilized for agricultural purposes, and
occupants of the this property may be subject to
inconvenience or discomfort arising from the use of
agricultural chemicals, including herbicides,
pesticides and fertilizers; and from the pursuit of
agricultural operations, including plowing, spraying,
pruning and harvesting which occasionally generate
dust, smoke, noise and odor. The City of Carlsbad has
established agriculture as a priority use on productive
agricultural lands, and residents of adjacent property
should be prepared to accept such inconveniences of
discomfort from normal, necessary farm operations."
Section . Integration of Provisions. Upon
adoption, the foregoing ordinances shall supercede all prior
provisions of the Local Coastal Program affecting the property
subject to the foregoing.
jm
LCPAMEND.MCC
AGUA HEDIONOA LAGOON
VMJTO
A|
Agrioilt
to be 5
Non-Williartjson
SWAP AREA
APPROX. 30 ACRES
PUNNED COMMUNfTY \V-FUTURE
\ \ \ \ \'—"'* 122-&i Acres
\ >NON-WINON-WIUAMSON
ACT LANDS/DEVELOPABLE \
137.81 Acres
nr \PALOMARAlnbnpTpnc
^TRAVEL SERVICES
COMMERCIAL/ ^
COMMERCIAL TOURIST ZONE
AUSTIN HANSEN FEHLMAN GROUP
V.
Caritas Development Company SKIDMORE, OVMNGS & MERRII
NON-WILLIAMSON
ACT LANDS
TOTAL ACREAGE 137.81 Acres
LESS DEVELOPED ACREAGE- 15.3 Acres
FUTURE DEVELOPABLE: 122.51 Acres
14 JULY 1987 Exhibit
1985 IMPLEMENTING AGREEMENT BETWEEN-'CITY pF CARLSBAD,
COASTAL COMMISSION AND OWNER
Draft
FIRST AMENDMENT TO 9/18/87
LAND CONSERVATION CONTRACT
Agricultural Preserve No. 76-1
By this first amendment dated , 1987, Carltas Company, a
California Limited Partnership, successor in interest as owner to
Carltas Corporation, (hereinafter referred to as "Owner") and the
City of Carlsbad, a political subdivision of the State of
California, (hereinafter referred to as "city"), the Land
Conservation Contract dated February 10, 1976, by and between
Carltas Corporation and the City of Carlsbad (the "Contract") is
hereby amended pursuant to the provisions of Section 51257 of the
Government Code of the State of California in light of the
following facts and circumstances:
A. Pursuant to the provisions of Section 51257 of the
Government Code of the State of California, subdivision
(c) Owner has petitioned the City to permit a boundary
adjustment to include properties within Agricultural
Preserve No. 76-1 and to delete other properties of
identical acreage from said preserve.
B. City has made all determinations required under Section
51257 that such boundary adjustment should be made and
that the amendment stated herein is appropriate, and is
consistent with the intent of Section 51257 to provide
flexibility in the development of a Local Coastal
Program with provision for long term preservation of
agricultural lands.
C. Owner and City desire to further amend the contract to
specify certain uses permitted under the Williamson
Act.
THEREFORE, it is agreed between Owner and City as follows:
Section 1. ADJUSTMENT TO CONTRACT BOUNDARY. Effective on
the date of this amendment, the land depicted on Exhibit A as
"New Contract Land" shall hereinafter be subject to the Contract
and the land designated as "Car Country Expansion" shall be
deleted and no longer subject to the Contract.
Section 2. TERM. For purposes of the determination of the
term of this agreement with respect to the New Contract Land,
hereinmade subject to the Contract and previously not subject to
the Contract, the initial term shall be deemed to have commenced
on the date hereof and Owner hereby waives the right to cancel
this agreement as to such property for a period of 5 years
commencing on the date hereof and ending on , 1992.
Section 3. SPECIFIC USES. The list of uses delineated in
subpart B of Exhibit B to the Contract are hereby amended to add
the following:
(11) Botanical Gardens, arboretums, and other related and
supporting facilities for the display, and education
about, agricultural and floral products.
(12) Farmer's Markets or similar facilities for the
exclusive sale of agricultural and floral products.
(13) A Floral Auction and related facilities whose principal
business is the provision of agricultural or floral
supplies used by the agricultural/floral industry,
wholesale marketing or distribution of/
agricultural/floral products, and transportation anc
shipment of agricultural/floral products.
(15) Such other compatible uses as the City of Carlsbad may
consider appropriate utilizing the standards for a
conditional use permit set forth in the initial
paragraph of this subpart (b) above.
Section 4. CHANGE IN NOTICE. Pursuant to the provisions of
Section 16 of the Contract, notice to Owner shall be addressed as
follows:
Carltas Company, a California Limited Partnership
4401 Manchester Ave., Ste. 206
Encinitas, CA 92024
Section 5. RATIFICATION AND AFFIRMATION OF CONTRACT.
Except as hereinabove set forth, the land conservation contract
dated February 10, 1976 is hereby ratified and confirmed.
Executed on the date first written above.
Carltas Company, a California Limited
Partnership
By:
Paul Ecke, Jr., General Partner
"OWNER"
City of Carlsbad, a Municipal Corporation
By:
, Mayor
"CITY"
[Notarial Acknowledgements] william.con
ACUA HEDIONDA LAGOON
Non-Williamson
SWAP AREA
APPROX. 30 ACRES
NON-WLUAMSON
ACT LANDS/DEVELOPABlf
137.81'Aaes
ANDERSEN'S SPUT
15.3 Acre
AUSTIN HANSEN FEHl-MAN CROUP Carltas Development Company SWDMORE, OVWNGS & MER
NON-WILLIAMSON
ACT LANDS
TOTAL ACREAGE 137.81 Acres
LESS DEVELOPED ACREAGE: 15.3 Acres
FUTURE DEVELOPABLE: 122.51 Acres
14 JULY 1987
WILLIAMSON ACT CONTRACT AMENDMENT
Draft
9/18/87
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE EXECUTION OF AN AMENDMENT TO LAND
CONSERVATION CONTRACT BETWEEN THE CITY OF CARLSBAD AND CARLTAS
COMPANY FOR AGRICULTURAL PRESERVE NO. 76-1, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT TO CONTRACT.
The City Council of the City of Carlsbad, upon hearing duly
noticed and held hereby makes the following findings pursuant to
Section 51257 of the California Government Code with respect to
the proposed amendment to Land Conservation Contract between the
City of Carlsbad and Carltas Company for Agricultural Preserve
No. 76-1, attached hereto as Exhibit A:
(1) All the land subject to this amendment is located within the
coastal zone and the execution of this amendment is subject
to approval by the California Coastal Commission.
(2) All of the land is located in the city of Carlsbad which is
within a County having a population in excess of 1,500,000.
(3) At least 50% of the land presently subject to the Land
Contract shall remain subject to the Contract.
(4) The land to be added to the Contract pursuant to the
amendment is equal to, or larger in size, than the land to
be removed from the contract.
(5) The land to added to the Contract is equally or more
suitable for agricultural use than the land to be removed
from the contract, and is currently in use for agricultural
purposes. Such determination of suitability has been made
based upon the value of crops, soil quality and microclimate
all of which are substantially equal for such land.
(6) The fair market value of the land to be added to the
contract pursuant to this amendment is equal to or greater
than the fair market value of the land removed from this
contract.
(7) The contract subject to this amendment has been in effect
since February 10, 1976, a period more than 10 years prior
to the proposed amendment.
(8) The boundary adjustment is consistent with the applicable
provisions of a current General Plan, as amended on the date
hereof, and the General Plan designation of the land being
V
removed from the contract has been subject to change by
amendment to the General Plan adopted on the date hereof.
(9) The land to be added to the contract by this amendment is
within a contiguous body of land constituting Agricultural
Preserve No. 76-1.
(10) The proposed amendment is consistent with the findings
required under Section 51282 of the Government Code in that:
(A) That this amendment is not inconsistent for the
purposes of the Williamson Act; and
(B) The amendment is in the public interest.
Therefore, the City Council of the City of Carlsbad,
California, does hereby resolve as follows:
A. That that certain First Amendment to Land Conservation
Contract between the City of Carlsbad and Carltas
Company for Agricultural Preserve No. 76-1, a copy of
which is attached hereto marked "Exhibit A", and
incorporated herein by reference, is hereby approved.
B. That the mayor of the City of Carlsbad is hereby
authorized and directed to execute said amendment to
contract for and on behalf of the City of Carlsbad,
upon a determination of approval by the California
Coastal Commission as required under Section 51257
Past, approved, and adopted at a regular meeting of the City
of Carlsbad, California held on the _ day of _ ,
by the following vote:
Resolut.con
San Diego
September 17, 1987 8879-87-09
Mr. Clyde Wickham
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
SUBJECT: CAR COUNTRY EXPANSION TENTATIVE MAP (CT 87-3)
Dear Clyde:
In response to your letter dated September 11, 1987 regarding the Car
Country Expansion Tentative Map (CT 87-3), we have the following comments.
The comments are answered in the same order as listed in your letter.
1. Access & Circulation
A) Cannon Road
B) Cannon Road
C) Cannon Street
D) "A" Street
E) "A" Street
F) "A" Street
See attached alignment plans by VTN.
Zone 3 will be revised.
A. In response to your question about the
right-of-way: yes, off-site right-of-
way from owners (S.D.G.&E.) other than
Carltas will have to be obtained. The
City of Carlsbad has already discussed
Cannon Road right-of-way needs with
S.D.G.&E.. Depending on the timing of
Car Country vs. Cannon Road A.D.,
Carltas may have to get the right-of-
way from S.D.G.&E.
See attached alignment plans by VTN. These
items are highlighted.
See revised Tentative Map for driveway
locations and spacing. Also see our
response to (G) in this section.
See revised Tentative Map for location of
median. Also see our response to (G) in
this section.
See highlighted copy of Tentative Map for
sight distance and view corridor.
This issue has been discussed numerous times
with our client and the City. Our client
NOLTE and ASSOCIATES
Engineers / Planners / Surveyors
9755 Clairemont Mesa Boulevard, San Diego, CA 92124 Tel: (619) 278-9392 FAX No. (619) 278-4628
September 17, 1987
Page two
8879-87-09
II. Drainage
H)
I)
cannot compromise and have reciprocal access
across all lots. For security and lot
layout reasons, it is impossible to have
reciprocal access across the lots. Your
standard 300-foot spacing listed in (D) of
your letter should not apply because "A"
Street is only a singly loaded road. If
this requirement holds up the approval of
the TM, then we will be forced to appeal
this issue to the Planning Commission and
City Council.
See attached drainage map for proposed and
existing facilities. For the north end of
the project we intend to run an ^-inch
R.C.P. line down Cannon Road and tie into
the existing 66-inch R.C.P. that then drains
into Agua Hedionda Lagoon.
Reviewing the approved Facilities Management
Plan for Zone 3, it indicates the existing
drainage system serving this area has
adequate capacity. Our proposed drainage
plan is consistent with the drainage areas
shown on the Master Drainage Plan for the
City of Carlsbad. The only minor change
proposed is the diversion of an additional
two acres included at the northwest corner
of the tentative map. This-acreage was to
go into the Agua Hedionda Lagoon, however,
it is not logical to drain such a small area
to the lagoon at this time.
2A"
We will provide an >8^inch R.C.P. line down
Cannon Road to tie into an existing 66"
line. This line will not only serve a
portion of our area but will also pick up
the runoff from the new Cannon Road.
We discussed this issue with Caltrans and no
plans were available. Our experience is
that Caltrans has always designed their /
facilities for a 100-year storm runoff, so
it is unlikely that the channel within the
(/
NOiTt and ASSOCIATESEngineer*. / Planners / Surveyors
September 17, 1987
Page three
K)
III. Sewer
L)
M)
N)
8879-87-09
freeway right-of-way will have any problems.
Any problems occurring within existing open^
channel drainage facilities downstream
Car Country are probably maintenance
problems, not capacity problems.
See attached drainage map.
Based on minimum velocities and slopes of
the existing pipe, it is clear the
capacities are adequate to accommodate the
proposed sewer facilities for Car Country
Expansion and any future development shown
on the approved Zone 3 Management Plan. Our
proposed flow is minimal into the Vista-
Carlsbad interceptor compared to what will
eventually be carried by the Agua Hedionda
interceptor. The developers of what will
eventually be carried by the Agua Hedionda
interceptor should be the ones to increase
capacity of any existing facilities. With
our accelerated time schedule we will build
out before the Agua Hedionda interceptor is
completed. Therefore, we should not be
required to improve any downstream
facilities.
See revised T.M.
The proposed sewer facilities shown on the
T.M. will serve only the lots in our
development and will connect to existing
lines in Cannon and Paseo Del Norte. The
existing lines in these two roads have
adequate capacity to service our development
and any future area shown in the Zone 3
Management Plan. I don't believe the
"Subdivision Map Act" empowers the City to
require a developer to construct a new
facility that doesn't serve his development.
Therefore, any cost associated with
construction of the Agua Hedionda
interceptor would clearly be the
responsibility of the City or the Cannon
Road Assessment District.
NOLTE and ASSOCIATESEngineers / Planners / Surveyors
September 17, 1987
Page four
8879-87-09
Grading
0)
P)
Q)
We have already discussed this issue several
times with the City and it is clear that no
revision of the grading plan to reduce
export is possible without severely limiting
the development potential of the site.
Attached is a sketch of the area Carltas
proposes to dispose of the excess dirt on
their property.
The City has already indicated to us in
several meetings that they were waving the
requirements of the meandering slope between
the new and existing Car Country.
See attached cross sections and T.M. showing
where the sections were taken from.
I hope this will resolve the issues presented by you so we can continue the
processing in a timely manner.
Sincerely,
NOLTE and ASSOCIATES
Charles S. Kahr
Associate
CSK:cb"(CL0566-Q)
cc: Chris Calkins, Carltas
NOLTE and ASSOCIATES
Engineer'; / Planners / Surveyors
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
Office of the City Engineer
September 11, 1987
TELEPHONE
(619) 438-1161
OLttg nf (Earlabab
Nolle and Associates
9755 Clairmont Mesa Blvd.
San Diego, CA 9212U
Attention: Charles Kahr
CAR COUNTRY EXPANSION TENTATIVE MAP (CT 87-3)
This letter shall serve as formal review by the City of Carlsbad,
Engineering Department, of the above-mentioned tentative map. In the
preceding reviews, preliminary in nature, issues mentioned are still
outstanding. A comprehensive list is provided to clarify the status of
this tentative map.
I. Access & Circulation
A) Cannon Road
B) Cannon Road
C) Cannon Road
D) "A" Street
E) "A" Street
Please submit an approved alignment of
this arterial (Paseo Del Norte to Faraday
Avenue).
Line and grade alignment of this arterial
will be required in Zone 3 revision.
Will off-site right of way from owners
other than Carltas be necessary to complete
this arterial from "A" Street to Paseo Del
Norte?
On alignment plans include San Diego Gas
& Electric power lines, gas lines and
transmission towers as they affect this
development and arterial.
Show spacing of intersections and
driveways. Note the requirements per
Engineering Department Policy No. 22
recognizes medium and high-use driveways
as intersections (in this case 300' spacing).
Show median in "A" Street from Cannon
Road to "B" Street. Revise width of road
to accommodate median/turn pocket.
Nolte and Associates
Page 2
September 11, 1987
F) "A" Street
C)
II. Drainage
H)
I)
J)
K)
III. Sewer
L)
M)
N)
Lot 13, show sight distance and view corridor
per AASHTO design guidelines (design
speed = 30 m.p.h.).
On-site circulation shall include reciprocal
access across all lots; show this by note
or symbol.
Evaluate drainage proposed and existing
systems to determine adequacy. Use
current runoff coefficients and Dwg.
#200-10 (copy provided) to determine
additional drainage facilities.
Flow to curb outlet
unacceptable. Provide
acceptable facility.
on Cannon is
storm drain to
Review existing system adjacent
improvements may be required.
to 1-5;
Provide a (rough) plan of overall drainage
system (recommend from Cannon Lake to
east of your development).
Provide evaluation of sewer system. Note
Zone 3 will also need this evaluation
included. The Vista/Carlsbad interceptor
may need upgrading before build-out of
your project.
Technically — use lateral symbol to show
location of sewer service to each lot.
Extend sewer main along your frontage
to provide service to adjacent development.
(Check with alignment plans of Cannon
possible force main or up-graded system
will be needed.)
Nolle and Associates
Page 3
September 11, 1987
Grading
0) The proposed 173,000 cubic yards of export
is a major issue with this design. Staff
recommends step-pads, greater x-slope
or other land forms to reduce grading quantities.
P) Note hillside grading ordinance and the
specific requirements for sensitive grading
design.
Q) Show all adjacent structures to the
proposed development. X-section areas
where slope on top of retaining walls occur
existing structures and utilities should
be noted. I understand there have been
drainage problems along the rear of existing
Car Country.
Attached hereto is a copy of your revised tentative map (with comments)
and a copy of Dwg. 200-10 (storm drain/master plan basins) and previous
copies of transmittal and assessment checklist for your use. I hope we
can resolve these issues and continue the process in a timely manner.
E. WICKHAM
Associate Civil Engineer
CEW:dr
Enc.
CAR COUNTRY EXPANSION
MEETING OF SEPTEMBER 8, 1987
City Staff
Ecke Property Representatives
Austin Hansen Fehlman Staff
Topics
1. Timing and Planning Commission date.
2. Local Coastal Plan Amendment/Williamson Act Amendment -
Planning Department's approach to these
amendments and the results of the latest
meeting with Coastal Commission staff.
3. Environmental - Neg. Dec. signed and mailed to Sacramento on
9/4/87.
4. Specific Plan - Planning Department concerns and comments.
5. Tentative Map - Engineering Department concerns and
comments.
6. Zone 3 Amendment - Comments from Dee and Phil.
af
CAR COUNTRY EXPANSION
MEETING OF AUGUST 21, 1987
PARTICIPANTS: Ecke Property Representatives
Planning Department
Engineering Department
1. Environmental:
Submittal of Archeological Mitigation Information by
Applicant
2. Tentative Map:
Engineering Department Concerns
3. Specific Plan:
Planning Department Concerns and Comments
4. Amendment to Local Coastal Plan and Williamson Act:
Planning Department Concerns and Comments
5. Date for future meeting:
AGENDA
AUGUST 12, 1987
6:00 P.M.
Attending: City Staff
Representatives of the Ecke Property
Representatives of the Terra Mar and
Alta Mira Homeowners Associations
PURPOSE OF MEETING
1. Make adjacent residents aware of the details of the Car
Country Expansion.
2. Make adjacent residents aware of the timing of the Car
Country Expansion.
3. Answer questions.
4. Listen to residents concerns and suggestions.
GOAL
Process the expansion of Car Country as rapidly as possible,
yet provide a plan that is acceptable to the City, property
owner, car dealers and adjacent residents.
NEEDED ACTIONS AND APPROVALS
A. Zone 3 Local Facilities Management Plan Amendment
B. Zone Change
C. General Plan Amendment
D. Tentative Map
E. Specific Plan Amendment
F. Local Coastal Plan Amendment
G. Williamson Act Amendment
H. Coastal Commission Permit
I. Grading Permit
Items A - G are presently being reviewed by staff. These
items will tentatively be reviewed by the Planning
Commission sometime early this fall.
AUGUST 6, 1987
1:30 P.M. MEETING
ATTENDING: City Staff
Coastal Commission Staff
Representatives of the Ecke Properties
Purpose of Meeting
1. Get all participants in tune.
2 . Make sure everyone knows what has been agreed on and what
hasn't.
3. Avoid any last minute surprises.
4. Make sure everyone knows what his/her role is.
5. Establish priorities.
Primary Goal
Process amendment to Car Country as rapidly as possible.
1. Needed Actions
A. Zone 3 Local Facilities Management Plan Amendment
B. Zone Change
C. General Plan Amendment
D. Tentative Map
E. Specific Plan Amendment
F. Local Coastal Plan Amendment
G. Williamson Act Amendment
2. Williamson Act/Local Coastal Plan Amendment
Two Step Process
A. First amend plan to add additional 35 acres of
developable area to Car Country.
B. Not to be taken from 90 acres already allowed by
Local Coastal Plan for Ecke property.
C. Coastal and City staff have had inadequate time to
review overall master plan for Ecke property.
D. Wording in staff report to City of Carlsbad and
Coastal Commission will clearly indicate that this
is just the first step in a two step process to
amend the Local Coastal Plan and Williamson Act on
the Ecke property.
E. After adequate environmental review and master
plan review, an additional amendment will be
processed for bulk of Ecke property.
August 6, 1987
1:30 Meeting
Page Two
3 . Coastal Staff Concurrence
A. Two Step Process
B. Timing of Amendments
1. What can be started immediately?
2 . What must wait until after City approvals?
Secondary Goal
Direction for handling Floral Trade Center Proposal
1. Priority
2. Staff Assignment
3 . Coastal Staff Support
4. Needed Actions
A. General Plan Amendment
B. Zone Change
C. Tentative Map
D. Specific Plan
E. Local Coastal Plan Amendment
F. Local Facilities Management Plan Amendment
MIKE HOWES
Senior Planner
MH:dm
JULY 24, 1987
TO: MICHAEL 3. HOLZMILLER, PLANNING DIRECTOR
FROM: Mike Howes, Senior Planner
CAR COUNTRY EXPANSION - MEETINGS
In an attempt to facilitate the processing of the Car Country
expansion, I have set up a number of meetings between interested
parties. It will be essential for Mike Howes, Dee Landers, and
Lance Schulte to be at all of these meetings. Michael
Holzmiller, Charlie Grimm, Marty Orenyak, Lloyd Hubbs and Clyde
Wickham's presence would be appreciated at the meetings, but is
not mandatory.
August 5 - 3:30 p.m. - Marty Orenyak's Office
Staff
Ecke Representatives
Coastal Commission Staff
Purpose: Obtain a clear understanding between staff,
Coastal and applicant as to what is required
for Local Coastal Plan Amendment and change to
Williamson Act and time frames for processing
through the Coastal Commission.
August 7 - 1:30 p.m. - Carlsbad Council Chambers
Staff
Ecke Representatives
Car Country Auto Dealers
Purpose: Make existing dealers within Car Country aware
of the details of the proposed expansion.
Listen to any concerns they have in regards to
the proposed expansion.
August 12 - 6:00 p.m. - Carlsbad Council Chambers
Staff
Ecke Representatives
Representatives of the Terra Mar and Alta Mira Homeowner's
Associations
Page 2
Purpose: Explain the proposed expansion and future
development of the Ecke property to
representatives of the Terra Mar and Alta Mira
communities. Let the representatives of these
communities know that their interests will be
kept in mind when the plans are developed.
The purpose of these three meetings is to avoid any last minute
surprises as the Car Country plan is processed.
MH:bjn
c: Marty Orenyak
Charlie Grimm
Lloyd Hubbs
Lance Schulte
Dee Landers
Clyde Wickham
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009-4859
TELEPHONE
(619)438-1161
City of Cartebab
COMMUNITY DEVELOPMENT
July 23, 1987
Christopher C. Calkins
Manager
Carltas Company
4401 Manchester Avenue
Suite 206
Encinitas, CA 92024
ZONE 13 LOCAL FACILITIES MANAGEMENT PLAN
I am in receipt of your letter dated July 13 regarding the baseline
assumption for Zone 13. We, too, have a basic understanding that the
acreage, not subject to the Williamson Act (approximately 135 acres), will
be supported by both City and County staffs. Our conversations, both
past and present, with Coastal staff indicate that the 90 acres currently
approved for development on your property was never written in stone
and that any proposed new Master Plan could be supported with an
acreage figure higher that 90 acres. The figure 135 acres has been
bantied about for a number of years and we are satisfied that this
figure is appropriate for your Master Plan. However, you must
understand that staff has no recourse but to use the adopted approved
90-acre figure that is currently approved for the area in preparation for
analysis of Zone 13 Local Facilities Management Plan. That is not to say
that the 135-acre figure can and should not be used. However, it must
be used in the context of an amendment or a supplement to the data
necessary to start and ultimately complete the Zone 13 Plan.
Staff has indicated to me that they have informed your consultant, Randi
Coopersmith, of this and although he is not in total agreement, he does
understand that staff cannot use an arbitrary baseline figure to
establish acreages in the zone. We are required, under the Growth
Management Plan, to base all of our assumptions in plan preparation
upon approved existing master plans, zoning designations, and/or the
General Plan.
This issue is not unique to your property or project. The Scripps
Hospital and the HPI Development are both proposing major amendments
to land use in their respective zones. Their zone plan preparers are
also required to provide two senarios in providing data to be used in
approving their zone plans.
Christoper C. Calkins
July 23, 1987
Page 2
I hope this clears up this matter once and for all. If you require any
further information or assistance from this office, please do not hesitate
to call.
MARTIN ORENYAK
Director
hmj
Randi Coopersmith
Planning Director
Lance Schulte
Mike Howes
CflRlTflScompnnv
July 1, 1987
Mr. Martin Orenyak
Director of Community Development
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
Re: Carltas/Car Country
Dear Marty:
Thank you for advising me that you have assigned to Mike Howes
responsibility for coordinating -all Carltas matters involved in.
the Carlsbad Ranch related activities which are before the;City
of Carlsbad.
l
I understand that Mike will be able to act as a central
coordinating point for the interrelated aspects of Car Country
Expansion, modifications of the LCP, Williamson Act, roadway
assessment matters and site planning issues, and will be able to
get the responses from the various people that are necessary to
be coordinated for in order to make matters move forward.
Randi Coopersmith will act as the principal representative for
all Carltas matters interfacing with Mike although John White and
I are available at any time to respond to any particular issue,
and would like to do so to expedite the processing of material
and resolution of any questions which may arise.
We recognize that the Car Country Expansion with the $300,000 to.
$600,000 per year in increased sales tax revenues to the City are
important elements in planning for the long term fiscal needs of
the City, and accordingly, we will use our best efforts to
facilitate bringing that project on line as soon as possible.
yours.
;r C. Calkins
Manager
CCC/j em/ORENYAK5.LCC
cc: Randi Coopersmith
John White
Mike Howes
Charles Kahr
Kathrin Moore
4401 MANCHESTER AVE., SUITE 206 • ENCINITAS, CALIFORNIA 92024 . (619) 944-4090
AUSTIN
H A N S E N
F E H L M A N
-GROUP-
ARCHITECTURE
INTERIOR DESIGN
LAND PLANNING
URBAN DESIGN
LANDSCAPEARCHITECTURE
STRUCTURAL
ENGINEERING
June 25,1987
Mr. Michael HolzmiHer
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
Re: Car Country Expansion and Carlsbad Ranch Master Plan
Mike:
I appreciated your time this morning and look forward to working with you on
both the Car Country Expansion and the Carlsbad Ranch Master Plan. As you are
aware, we are as anxious as the City to see the Car Country Expansion get
underway and would again like to emphasize that time Is of the essence. It is
critical that the Car Country Expansion be Initiated by Fall of 1987 or it is our
belief that the opportunity will be lost along with the additional City revenues.
After our discussion this morning it is my understanding that on July 14, the City
Council will be asked to consider an amendment to the boundaries of Facility Zones
#3 and * 13 in order to accommodate the Car Country Expansion. This will also
require an amendment to the approved Facility Plan for Zone *3 and the
commitment to prioritize the staff time to work on the project. We, of course,
offer any assistance you feel would be appropriate to assist you In this effort.
I appreciate you assigning Mike Howes and Lance Schulte to work on our Zone * 13
Plans and look forward to working with them. I would like to schedule a meeting
with them next week and see if we can receive confirmation on our bulldout
assumptions (see June 9, 1987 letter).
Regarding the desired intersection along Palmar Airport Road, I fully understand
your desire to address the matter in more detail during the Master Plan Review. I
am also confident that we will be able to provide justification for a full, four-way
intersection and respond to the required findings in the City Design Standards
Manual.
DOUGLAS AUSTIN,AIA
DONALD HANSEN.AIA
MARK FEHLMAN. AIA
RANDY-RABBINS, AIA
RANDI CQOPERSMITH
T
ASSOCIATES:
DON PENNINGTON, AIA
BILL CARPENTER
9605 SCRANTON RD.
SUITE 202
SAN DIEGO. CA92121
(619)458-1361
RECEIVED
CITY OF CARLSBADBuilding Department
Michael Holzmlller
June 25,1987
Page Two
Again, thanks for your help and I offer any assistance you may need for the July
14, Council meeting. Should you have any questions or comments on the contents
of this letter, please let me know.
itfully,
Vice IVesident/Director of Planning
AUSTIN HANSEN FEHLMAN/GROUP, INC.
RC/tp
CC:Christopher Calkins
Marty Orenyak
Lloyd Hubbs
CflRlTflScompany
June 8, 1987
Mr. Marty Orenyak
Director of Community Development
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
Dear Marty:
Delivered to you with this letter is a letter specifying a series
of actions involving either our consent to action, or our request
for the city to take action to accomplish the expansion of Car
Country and the necessary implementation of the Local Coastal,
Plan as well as the "swap" legislation enacted last year for the
Williamson Act.
The specific legal descriptions required will be forthcoming
along with the tentative map as soon as we have received
confirmation that these actions are appropriate from the City's
point of view.
It is our desire to see this proceed as quickly as possible and
we understand that time frames may not permit approvals in such
manner as to permit grading Jfor purposes of a Car Country
expansion prior to October 1, 1987.
We believe that the grading envisioned for the Car Country
expansion will also create better farmable acreage and we may
request an Agricultural Grading Permit to permit reconfiguration
of the land in a manner which would ultimately accommodate the
Car Country expansion but would also permit better farming
utilization (lesser grades, better drainage) prior to September
1, 1987. We would not want to request such a permit if the City
did not feel it to be appropriate, consequently we request your
guidance prior to mid-July.
Please let me know if there are any questions regarding the
enclosed..
Very truly yours,
Carlta^ Company
Christopher c. Calkins
Manager
CCC/jm/ORENYAK2.LCC
4401 MANCHESTER AVE., SUITE 206 - ENCINITAS, CALIFORNIA 92024 . (619) 944-4093
CflJUTflScompnnv
June 8, 1987
Mr. Marty Orenyak
Director of Community Development
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
Re: Car Country Expansion/Ecke Ranch
Dear Mr. Orenyak:
We have previously discussed a proposed expansion of Car Country
in accordance with the diagram attached as Exhibit "A". Based
upon our conversations and to - facilitate this expansion, we
request and agree to the following action:
1. We agree and consent to an amendment to the zone plan
pursuant to which the • expansion area depicted in
Exhibit "A" would be deleted from Local Public
Facilities Zone 13 and included in Local Facilities
Zone 3.
2. We request that Specific Plan 19, which provides for
the current Car Country, be amended to include the
additional acreage depicted on Exhibit "A". We will
submit a tentative map promptly to delineate-- the
parcelization within the area.
3. We request that the city adopt as an implementation
ordinance of its Local Coastal Plan, the ordinance
attached Exhibit "B", specifying the implementation of
the mixed use concept characterized in the Local
Coastal Plan together with the specific designations
and definitions set forth therein.
4. In accordance with the implementation ordinance set
forth above, we request that the city approve the
acreages subject to the Williamson Act contract
properties among the agricultural/open areas described
in the implementation ordinance.
4401 MANCHESTER AVE., SUITE 206 • ENCINITAS, CALIFORNIA 92024 . (619) 944-4090
Mr. Marty Orenyak
June 8, 1987
Page 2
We will submit appropriate legal descriptions of the parcels
which will be subject to the Williamson Act and the acreage which
will be removed from the Williamson Act all in accordance with
the existing state legislation.
We will proceed with the appropriate documentation upon
confirmation that the foregoing actions are acceptable to the
City of Carlsbad.
Very truly yours,
ccc/jm
ORENYAK2.LCC
cc: Paul Ecke, Jr.
CITY OF CARLSBAD - ORDINANCE
•
Section . Carltas Property - Specific Plan/LCP
Implementation.
Section . Applicability. The provisions of this
Section shall apply to the land north of Palomar
Airport Road and east of Interstate 5 described as Assessor's
Parcels 211-010-11, 211-021-13, 14, 15, 18, 19 20, 21, 24, 25,
(hereinafter collectively referred to as the "Carltas Property").
Section . Required plan; Contents. Before any
buildingpermit, grading permit, discretionary approval,
entitlement for use or development is approved for any of the
Carltas Property for any use, a specific plan shall be prepared
for the entire Carltas ownership located northeasterly of the
intersection. This provision shall not apply to:
/
(a) Approval for uses permitted pursuant to the
Williamson Act whether or not the specific property
involved is under contract; or
(b) Approvals for uses on separate legal lots which are
presently developed for non-agricultural purposes.
The plan shall provide for agricultural uses on approximately 345
acres of the approximately 482 acres subject to the plan, and
residential commercial and industrial uses on the remaining 137
acres. It is the intent of this provision to preserve uses
permitted pursuant to the Williamson Act on the same quantity of
acreage as is now within the agricultural .preserve, to permit
development on the quantity of acreage now outside the preserve,
and to provide flexibility in the design of the specific plan
respecting the location of agricultural uses to accommodate
expansion of Car Country, community concerns respecting the
location of agricultural lands to be preserved, and to establish
a more rational, and therefore, more stable rural-urban boundary.
It is recognized that some of this land is already developed e.g.
the Pea Soup Andersen complex, and such developed portions of the
Carltas property shall be included in the aproximately 137 acres
which may be developed. Roads shown on the specific plan may be
located entirely or partially within areas designated for
agricultural use. Commercial uses may include hotels, motels or
other facilities designed and intended to accommodate transient
occupants, and public or semi-public facilities.
The specific plan shall provide that lands designated in the plan
for agricultural use may be used for any purpose permitted by the
Williamson Act, including but not limited to Farmer's Market,
Floral Auction, and agricultural distribution, wholesaling, and
supply facilities, and shall be preserved in such use for so long
as agricultural use is a viable use, but not in perpetuity.
Before final approval of the specific plan by the owner of the
land to be subjected to the specific plan and designated for
agricultural use shall record a declaration of restrictions in
substantially the following form:
" This property may be designated for agricultural use in a
specific plan approved by the California Coastal Commission
pursuant to the City of Carlsbad Local Coastal Program. If
it is so designated, the plan does not permit its use for
any purpose other than uses permitted pursuant to the
Williamson Act for so long as agricultural use is viable on
the property or until the specific plan is amended - a
process which requires Coastal Commission approval. The
purpose of this declaration is to give notice of these
circumstances to any prospective purchaser of the property
and to forestall any later plea of hardship by any such
purchaser that the property was acquired without notice of
the restrictions on use. This declaration is intended to
give notice only and is not intended to itself operate to
restrict the property in any way. Reference is made to the
Carlsbad Local Coastal Program, the specific plan, the
Carlsbad City Planning Department and the California Coastal
Commission staff for more complete information concerning
this matter. Other restrictions (e.g. the Williamson Act)
may affect the use of this property."
Section . Carltas Property Specific Plan. Pursuant
to Section above, the following specific plan is
adopted in conformance with the requirements of California
Government Code Section 65450-57 and is comprised of the
following text and accompanying diagram (Exhibit 1).
(a) Distribution, location and extent of the uses of land,
including open space within the area covered by the
plan.
Exhibit 1 illustrates the distribution, location and
extent of the uses of land, including open space. The
following table is a numerical summary of information
provided in Exhibit 1.
Carltas Property
Land Use Summary
Land Use Acreage
Agriculture/Open Space/Roads 347
Auto Center Expansion 27
Resort Hotel/Casitas 20
Town Center & Office/Corporate Hdq/
Retail/Civic ' 74.7
Pea Soup Andersen's Complex 15.3
(b) Proposed distribution, location, and extent and
;.•;.!;. • intensity of major components of public and private
£|| ; transportation, sewage, water, drainage, solid waste,
i energy and other essential facilities proposed to be
\ , ; located within the area covered by the plan and needed
; i : to support the land uses described in the plan.
j ; The Local Facilities Management Plan - Zone 13 will
: . provide an inventory of existing and proposed
j : ;; . ; facilities, a phasing schedule that establishes the
; ' timing for the provision of facilities in relationship
; to demand, and a financing plan that establishes
; . various methods of funding facilities and improvements
; ; that are identified by the plan as needed. Pursuant to
I r the City's Growth Management Plan Title 21, Chapter
I 21.90, the Zone 13 Local Facilities Management Plan
Ij : shall be approved by the Carlsbad City Council as part
| '• ' of the development review process.
i -
; ' i (c) Standards and Criteria by which development will
i proceed, and standards for conservation, development,
' and utilization of natural resources, where appropriate
I....- a program of implementation measures including
; regulations, programs,- public works projects, and
1 - financing measures necessary to carry out items (a) and
(b).
L- , Consistent with Chapter 21.38 of the Carlsbad Municipal
^ Code, zoning and development standards will be prepared
which address the project as a whole, as well as
; . individual districts. Specific regulations and
: - . •; standards for the conservation of natural resources
' . including open space areas designated within both urban
: r and non-urban areas will be provided. Each district
will include a self-contained • set of development
i , standards patterned after the City's zoning ordinance.
| Areas which will be covered include permitted uses,
! building height, coverage, setbacks, parking, and
I architectural and landscape guidelines. As previously
i indicated, methods of financing public works projects
will be adopted as part of the Zone 13 study.
i .. .
! (d) Relationship of the specific plan to the general plan..
; . Under governing state law, adoption of the specific
.. .',••• plan as a part of the Carlsbad Local Coastal Program
i . . '-••' will be followed by conforming general plan amendments.
I • - , - -. • - • . .
Section . Design Policies for Boundary Between
Agricultural/open Space and Development Areas. To facilitate and
encourage the preservation- of agricultural/open space uses,
design policies shall be adopted and implemented for all area?
with a common boundary between agriculture/open space and
development as follows:
(a) All buildings and structures shall be designed and
located to face in such a manner as to create
opportunities for adequate setbacks between
agricultural/open space and developed areas.
(b) Where appropriate, fencing, mounding, hedges or roads
shall be used to provide a buffer between
agricultural/open space and developed uses.
(c) Where possible, naturalized grasses and natural
vegetation shall be utilized to provide a transition
between agricultural/open space and developed areas.
(d) All buildings shall incorporate special construction
techniques to provide attenuation from noise typically
associated with agricultural uses.
Section . Notice to Occupants. The properties
adjoining agricultural lands shall also be subject to the
following notice and acknowledgment of agricultural uses and
impacts by any purchaser or tenant.
V This land is located adjacent to or in the vicinity of
.property utilized for agricultural purposes, and occupants
of the this property mny be subject to inconvenience or
discomfort arising from the use of agricultural chemicals,
'including herbicides, pesticides and fertilizers; and from
the pursuit of agricultural operations, including plowing,
spraying, pruning and harvesting which occasionally generate
dust, smoke, noise and odor. The City of Carlsbad has
. established agriculture as a priority use on productive
'•''.' agricultural lands, and residents of adjacent property: should be prepared to accept such inconveniences of
discomfort from normal, necessary farm operations."
Dm
LCPAMEND.MCC
TOTAL DEVELOPME
13/ACRES
C A R L S B A D R A N C H
AUSTIN HANSEN FEHLMAN GROUP.THE CARLTAS COMPANY SKIDMORE, OVMNGS & MERRILL
0 400 N
SK65 MAY 6, 1987
PRO P OS ED DEVELOPMENT AREAS
••.:'•- CARLTAS PROPF.RTY qpFTTFTP -p r A M r? v T I T r-i T rn
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2075 LAS PALMAS DRIVE •^O7 rim TELEPHONE
CARLSBAD, CA 92009-4859 W^^I^Ml- (619)438-1161wSV."lco'f.'?'*rto ^^m
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COMMUNITY DEVELOPMENT
May 20, 1987
Randi Coopersmith
Vice President/Director of Planning
Austin llanscn Fchlinan Group
9605 Scranton Road
Suite 202
San Diego, CA 92121
CARLSBAD RANCH/CAR COUNTRY EXPANSION
Sorry for the delay in responding to your letter, dated May 4, regarding the
Carlsbad Car Country expansion. I have just a couple of corrections to the
conclusions that you documented in your letter.
Number 2: The City will amend Public Facility Zone 3 to include the Car Country
expansion.
This would be more accurately reported as that the staff may recommend to
the Council an amended boundary map of Zone 3 to include the Car Country
expansion. Obviously we cannot at this point change the Facility Boundary Map
without the concurrence of City Council.
Number 3: Within thirty (30) days after submittal of the Conceptual Plan,
we will submit Tentative Map and initial Environmental Review for
the Car Country expansion.
As you know, that until Zone Plans are completed, we could not by ordinance
work on or accept any Tentative Map and/or Environmental Reviews for projects
that are included within an uncompleted zone. However, Zone 3 has been approved
and, if we did in fact amend the Zone 3 to include Car Country expansion,
we could process that portion of the plan.
Number 6: Should the inclusion of San Diego Gas £ Electric property within
Zone 13 substantially delay the processing of the Facilities Plan,
the City will take the matter to City Council to either amend the
zone boundary or eliminate the requirements for San Diego Gas £
Electric to participate in the zone plan as it relates to the Carlsbad
Ranch property.
I have no recollection of us saying exactly what you have reported us to say
in Item No. 6. I think we talked around that issue and said that we would
defer any decision, or certainly was my intent to defer any decision, regarding
this question until we had more information to deal with.
RANDI COOPERSMITH
May 20, 1987
Page 2
Number 8: The City will work closely with the Eckes in the timing and processing
of the Local boundary map of Plan and the Master Plan for the Carlsbad
Ranch site.
You go on to say, "... that a time schedule similar to Scenario Three (approximately
15£ weeks) for the processing of the Local Facilities Plan and the Master Plan
for the site will be adhered to.
We obviously can't guarantee it here as to any time frame at this point. I hope
we didn't mislead you by our statements that we would certainly work very closely
with the Eckes and the Carltas Corporation regarding the processing of the
Local Facilities Plan, but obviously we could not guarantee on any scheduling
since we don't know what staff's workload will be at that time and how many
Zone Facilities Plans we will be processing.
The bulk of your letter and your assumptions adequately address the issues
that were discussed at our last meeting. I think that just clarifying the points
that I have just related will make that an adequate representation of the discussions
and agreements that were made at the time of the meeting.
MARTIN OREMYAK
Director
hmj
Chris Calkins, Carltas Co.
John White, Carltas Co.
Planning Director
City Engineer
A U S T N
H A N S E N
F E H L/l/1 A N,
-GROUP-'
ARCHITECTURE
INTERIOR DESIGN
LAND PLANNING
URBAN DESIGN
LANDSCAPE
ARCHITECTURE
STRUCTURAL
ENGINEERING
DOUGLAS AUST1N.AIA
DONALD HANSEN.AIA
MARK FEHIMAN. AIA
RANDY ROBBINS. AIA
RANDI COOPERSM1TH
ASSOCIATES:
'' PENNINGTON. AIA
LL CARPENTER
9605 SCRANTON RD.
SUITE 202
SAN DIEGO, CA 92121
(619) 458-1361
May 4, 1987
Marty Orenyak
Director of Community Development
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
Re: Carlsbad Ranch/Car Country Expansion
Marty:
We enjoyed meeting with you the other day and look forward to many more
productive meetings. We, of course, are very interested in making rapid progress
on both the car country expansion and the overall site master plan. The purpose
of this letter is to summarize the conclusions of that meeting. I have attempted to
list them below and would, of course, appreciate any comments or corrections you
may have. Unless we hear otherwise, we will assume these to be the ground rules
by which we will go forward in the developing and processing of our Local Public
Facilities Plan, Local Coastal Plan Amendment and the car country expansion and
overall site Master Plan. A listing of the conclusions follows:
1. City staff will work with the Eckes and the Coastal Staff to determine the
required level of information necessary to allow the processing of the car
country expansion and master plan. In approximately three weeks we
will be prepared to submit a Conceptual Plan and Local Coastal Plan
Amendment for the Carlsbad Ranch site. This information will identify
the urban-rural boundaries and areas to be developed for the site.
2. The city will amend Public Facility Zone *3 to include the car country
expansion. This will allow for a fast-track processing of that project.
3. Within thirty (30) days after submittal of the Conceptual Plan, we will
submit Tentative Map and Initial Evironmental Review for the car
country expansion.
4. For purposes of preparing the Local Public Facilities Plan for Zone * 13
and the Carlsbad Ranch site, we will use the existing Local Coastal Plan
designation which shows approximately 90 acres of mixed uses
(industrial, commercial, residential) at the northeast corner of Paseo del
Norte and Palomar Airport Road.
5. For purposes of preparing the facility plan for Zone * 13, we will include
San Diego Gas & Electric's property. To determine the required service
and facility needs of their property, we will assume approximately 50
acres of travel service with the remainder of the property being open
space. A statement within the zone plan will also be included which notes
that at a future date San Diego Gas & Electric may submit a master plan
and/or amend the Local Facilities Zone Plan accordingly.
Marty Orenyak
May 4,1987
Page Two
6. Should the inclusion of San Diego Gas & Electric property within Zone
* 13 substantially delay the processing of the facilities plan, the City will
take the matter to City Council to either amend the zone boundary or
eliminate the requirement for San Diego Gas & Electric to participate in
the zone plan as it relates to the Carlsbad Ranch property.
7. Although the exact location of the intersection has not been determined, we
will proceed with the understanding that a full, four-way intersection
along Palomar Airport Road will be allowed for the Carlsbad Ranch site by
the City between Hidden Valley Road and Paseo del Norte. The exact
location of this intersection will be determined at a later date as part of
the Local Public Facilities Plan and Master Plan for the project. It is also
understood that access rights along the Carlsbad Ranch property on
Palomar Airport Road in addition to this single four-way intersection
will be waived as part of the Master Plan and Local Public Facilities Plan.
8. The City will work closely with the Eckes in the timing and processing of
the Lxal Public Facilities Plan and Master Plan for the Carlsbad Ranch
site. Inherent in this understanding is your statement that a time
schedule similar to scenario three (approximately 151/2 weeks) for the
processing of the Local Facilities Plan and the Master Plan for the site
will be adhered to.
I hope that the above accurately reflects the conclusions of our meeting on April
28, with you, Michael Holzmiller and Lloyd Hubbs. Again, should you have any
comments or corrections, please let me know at the earliest possible date. Unless
otherwised informed, we will be proceeding on the Local Facilities Plan and
Master Plan for the site utilizing the above assumptions.
Respectfully,
Raiidi Coppersmith
ViosJicesident/Director of Planning
AUSTIN HANSEN FEHLMAN/GROUP, INC.
RC/tp
cc: Chris Calkins, Carltas Co.
Michael Holzmiller, City of Carlsbad Planning Department
Lloyd Hubbs, City of Carlsbad Engineering Department
John White, Carltas Co.
Kathrin Moore, SOM