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HomeMy WebLinkAbout2001-01-17; Planning Commission; Resolution 48761 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PLANNING COMMISSION RESOLUTION NO. 4876 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PRECISE PLAN AMENDMENT PP 24(I) TO ALLOW THE OCCASIONAL USE OF A PORTION OF THE PLAZA CAMINO REAL PARKING LOT FOR TEMPORARY PROMOTIONAL SALES EVENTS ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF MONROE ROAD AND MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS CASE NO.: PP 24(I) WHEREAS, Westfield Corporation, “Developer”, has tiled a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, “Owner”, described as Lot 27 of Carlsbad Tract No. 76-18, according to Map No. 8956, filed in the Office of County Recorder in the County of San Diego on August 11,1978, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, on August 2, 1977, the City Council approved, PP 24, as described and conditioned in Planning Commission Resolution No. 1386 and City Council Resolution No. 5166; and amended PP 24, from time to time, most recently for PP 24(F) on June 7, 1994 as described and conditioned in Planning Commission Resolution No. 3640 and City Council Resolution No. 94-153. WHEREAS, said verified application constitutes a request for a Precise Plan Amendment as shown on Exhibit “A” dated January 3, 2001, on tile in the Carlsbad Planning Department, PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS - PP 24(I), as provided by Precise Plan PP 24; and 4 < f 7 6 s 1c 11 1; 13 14 15 16 1; 1E IS 2c 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did, on 6th day of December, 2000 hold a duly noticed public hearing as prescribed by law to consider said request which was subsequently continued to the 3rd day of January 2001 and the 17th day of January 2001, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Precise Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMMENDS APPROVAL of PLAZA CAMINO REAL TEMPORARY PROMOTIONAL SALES EVENTS - PP 24(I), based on the following findings and subject to the following conditions: Findings: 1. 2. 3. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that temporary promotional sales events offer commercial opportunities not normally available within the City; the site is designated for commercial uses and no adverse noise or public safety impacts will result from the events; and the project site is located so that no impacts to the existing circulation patterns will occur. That the site for the intended use is adequate in size and shape to accommodate the use, in that the 4.4 acre area proposed for the temporary promotional sales events is an underutilized area of the parking lot, not normally used for typical mall parking demands; no internal circulation routes necessary for the normal function of the parking lot will be included in the event area; and no expansion of the existing site is needed to accommodate the events. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the 4.4 acre site proposed for the temporary promotional sales events is situated away from the primary circulation and parking areas of the mall and requires no encroachment into the existing landscaped areas, PC RESO NO. 4876 -2- 1 2 ? 4 5 6 i E s 1c 11 12 13 14 15 16 17 18 1s 2c 21 22 23 24 25 26 27 28 4. 5. 6. 7. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the site is accessed by Marron Road and Monroe Road, both Secondary Arterials with a maximum traffic capacity of 20,000 average daily trips (ADT). The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; tire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15304 - Minor Alteration of Land of the State CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 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; 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 Precise Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project PC RESO NO. 4876 -3- 1 2 1 4 5 6 7 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The 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 Precise Plan Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, 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. The Developer shall submit to Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan. This Precise Plan Amendment shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. The results of the first annual review shall be presented to the Planning Commission under a public hearing format to allow for input and review of the impact of the proposed events and their duration. This Precise Plan Amendment is granted for a period of five (5) years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. Prior to the approval of the first event, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of PC RESO NO. 4876 -4- 1 2 7 4 4 6 i 8 s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. - the Planning Director, notifying all interested parties and successors in interest that the City of Cat&bad has issued a Precise Plan Amendment by Resolution No. 4876 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the tile containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas, All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The temporary promotional events shall comply with the following restrictions: A. The number of events is limited to a total of three per calendar year and shall be limited to the following type of events: boat show, RV show, custom or antique car show, computer show and/or spa show. In addition to the three shows per year, a Halloween pumpkin patch that includes: small kiddie rides aimed at ages 10 years and under, a petting zoo, inflated bounce equipment, ring toss, and other carnival games would also be allowed once per year. B. The hours of the events shall be limited to the operating hours of the Plaza Camino Real mall; C. The three show events shall be limited to a maximum duration of ten (10) calendar days, with two (2) days for set-up and two (2) days for tear down; the Halloween pumpkin patch event shall be limited to a maximum duration of 30 calendar days, with five (5) days for set-up and five (5) day(s) for tear down: D. The events shall be limited to the southwestern portion of the parking area, as shown on Exhibit “A”, dated January 3,200l. E. At least 30 days prior to a scheduled event, the event coordinator shall submit a description of the event (including, but not limited to, duration, areal extent, proposed activities, proposed structures, proposed signage, proposed pedestrian and vehicular circulation patterns) to the Planning, Fire and Police Departments for review. These departments, and any other affected City departments, may request alterations to the event layout or operations based upon conformance to City codes and policies, including but not limited to fire protection/prevention and use of City law enforcement personnel at the event. All event sponsors shall apply for, and receive, a City of Carlsbad Business License prior to the final authorization of the event. PC RESO NO. 4876 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminders: 14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 15. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition, You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4876 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carl&ad, California, held on the 17th day of January 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: ABSTAIN: Commissioner Nielsen ti CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4876 -7.