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HomeMy WebLinkAbout2017-08-22; City Council; Resolution 2017-165RESOLUTION NO. 2017-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE VILLAGE MASTER PLAN AND DESIGN MANUAL TO ALLOW RESTAURANTS AS A PROVISIONAL USE WITHIN LAND USE DISTRICT 6 (OUTSIDE THE COASTAL ZONE) OF THE VILLAGE REVIEW ZONE FOR PROPERTY GENERALLY LOCATED IN THE CITY'S DOWNTOWN AREA AND ZONED "VILLAGE REVIEW" (V-R) IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLAGE MASTER PLAN AMENDMENT FOR DISTILLERIES AND RESTAURANTS CASE NO.: AMEND 2017-0005 (DEV2017-0023) WHEREAS, Nicholas Hammond, "Developer," has filed a verified application with the City of Carlsbad to amend the Village Master Plan and Design Manual that constitutes a request for a Master Plan Amendment as provided in Zoning Ordinance Section 21.35.150; and WHEREAS, the verified application does not affect properties within the Coastal Zone and therefore does not require a local coastal program amendment; and WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on June 21, 2017, hold a duly noticed public hearing as prescribed by law to consider a Village Master Plan Amendment No. AMEND 2017-0005, as referenced in Planning Commission Resolution No. 7245; and the Planning Commission adopted Planning Commission Resolution No. 7245 recommending to the City Council that it be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing on July 25, 2017, to consider said Village Master Plan Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Village Master Plan Amendment; and WHEREAS, the City Council of the City of Carlsbad voted 2-2-1 (Councilmembers Packard and C. Schumacher opposed, Mayor Hall absent) on a motion to approve AMEND 2017-0005 as recommended by the Planning Commission, said tie vote resulting in a failure of the motion; and WHEREAS, the City Council of the City of Carlsbad voted 4-0-1 (Mayor Hall absent) on a motion to approve AMEND 2017-0005 as modified to only add restaurants, but not distilleries, as a provisional use within Land Use District 6 (outside the Coastal Zone) of the Village Review Zone as shown on Exhibit "A" dated August 22, 2017, attached hereto, and directed staff to return with a resolution reflecting the action. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That based on the evidence presented at the public hearing, the City Council approves AMEND 2017-0005-VILLAGE MASTER PLAN AMENDMENT FOR RESTAURANTS based on the following findings and subject to the following conditions: Findings: 1. The City Council finds that the proposed amendment as modified to only add restaurants as a provisional use in Land Use District 6 of the Village Review Zone is in conformance with the Elements of the City's General Plan, based on the facts set forth in the public hearing on July 25, 2017, including, but not limited to the following: a. Goal 2-G.29: Maintain and enhance the Village as a center for residents and visitors with commercial, residential, dining, civic, cultural, and entertainment activities. b. Goal 2-G.30: Develop a distinct identity for the Village by encouraging a variety of uses and activities, such as a mix of residential, commercial office, restaurants and specialty retail shops, which traditionally locate in a pedestrian-oriented downtown area and attract visitors and residents from across the community by creating a lively, interesting social environment. The proposed amendment is consistent with the General Plan in that it will allow for more dining opportunities in the Village which would be within walking distance to hotels and housing in the Village and Barrio. 2. The proposed amendment satisfies the goals and objectives of the Village Master Plan and Design Manual, including those listed below. The proposed amendment implements Master Plan policies by encouraging new commercial uses. a. Goal 1 -Establish Carlsbad Village as a quality shopping, working, and living environment. b. Objective 1.3 -Attract additional tourist-serving uses. c. Objective 1.9 -Provide a variety of commercial, tourism, and recreation activity, especially close to the beach, in conjunction with special entertainment facilities, restaurants and other uses which will foster a village concept and not detrimentally impact residential usage. Allowing restaurants as a provisional use in Land Use District 6 will further improve the Village as a shopping and tourist destination for both residents and visitors. Restaurants will complement the existing commercial businesses in the area and will enhance the quality of the residential living environment. By allowing restaurants as a provisional use, conditions can be placed on the land use permit so they are compatible with surrounding uses. 3. The proposed amendment is exempt from environmental review in that Carlsbad Municipal Code Section 19.04.070 A.c.(1) states "minor zone or municipal code amendments that do not involve physical modifications, lead to physical improvements beyond those typically exempt, or which refine or clarify existing land use standards" are specific actions considered not to have a significant effect on the environment. The proposed revision to the Master Plan is similar to a minor Zoning Ordinance amendment and, therefore, is exempt from environmental analysis. The proposed change would lead to development typically found exempt from environmental review. Restaurants would typically be exempt from environmental analysis because in most cases, they locate within an existing building that is repurposed where minor improvements to the interior and exterior of the building are made. Such projects are exempt pursuant to CEQA Guidelines Section 15301 "Existing Facilities." Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Master Plan Amendment. 2. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Master Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of August, 2017, by the following vote, to wit: AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: M. Hall N, Mayor Pro Tern