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HomeMy WebLinkAbout2013-06-05; Planning Commission; Resolution 6982 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE WESTFIELD CARLSBAD SPECIFIC PLAN (SP 09-01) ON APPROXIMATELY 77.5 ACRES OF LAND WITHIN THE EXISTING PLAZA CAMINO REAL SHOPPING CENTER GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISECTED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01 WHEREAS, City of Carlsbad has initiated application for a Specific Plan to replace Precise Plan 24, inclusive of amendments A-K, regarding property described as Lots 1 to 27, inclusive, of Carlsbad Tract No. CT 76-18 (Plaza Camino Real Shopping Center) in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 8956, filed in the Office of the County Recorder of San Diego County, August 11, 1978 (“the Property”); and WHEREAS, said verified application constitutes a request for a Specific Plan, on file in the Carlsbad Planning Division, WESTFIELD CARLSBAD - SP 09-01 as provided by Government Code Section 65453; and WHEREAS, the proposed WESTFIELD CARLSBAD - SP 09-01 is set forth and attached in the draft City Council Ordinance, Exhibit “X” dated, June 5, 2013, and attached hereto as WESTFIELD CARLSBAD - SP 09-01; and WHEREAS, the Planning Commission did, on June 5, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 6982 PC RESO NO. 6982 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of WESTFIELD CARLSBAD – SP 09-01, as set forth in Exhibit “X” attached hereto, based on the following findings [and subject to the following conditions]: Findings: 1. The proposed development as described by the Specific Plan (SP 09-01) is consistent with the provisions of the General Plan in that the Westfield Carlsbad Specific Plan boundary has a General Plan Land Use Designation of Regional Commercial (R) and is currently developed with a an existing regional shopping center, which will continue under the proposed SP. The SP will further guide the development of the existing regional commercial shopping center, which is compatible with surrounding land uses. The SP will allow for the expansion of existing commercial development within the shopping center while retaining a full-line of department stores, along with a full range of specialty retail, restaurant, and entertainment uses. The SP incorporates land use objectives and development standards that address architecture and building materials; setbacks; grading; landscape; loading, storage and refuse collection; and parking. The proposed project will provide a positive impact to on-site land uses by improving and expanding the existing commercial facilities, and revitalizing the shopping center to make it more modern so that it continues to be a vibrant regional activity center. 2. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in accordance with the findings of the Westfield Carlsbad Specific Plan/Site Development Plan Project Final (EIR 09-02); and moreover that the proposed SP provides development standards and design guidelines that will guide the development of a quality planned regional shopping center within the area identified as the Westfield Carlsbad Specific Plan; creates a safe location for visitors through enhanced lighting and security standards; and improves the overall pedestrian experience by creating enhanced pedestrian connections and upgrading landscaping within the parking lots as redevelopment occurs over time. 3. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that all necessary infrastructure required to serve the Westfield Carlsbad Specific Plan is in place, which has been identified in the Westfield Carlsbad Specific Plan and the LFMZ 1 plan and no further mitigation or special conditions are required of the project. 4. The proposed commercial uses will be appropriate in area, location, and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title. PC RESO NO. 6982 -3- 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 5. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed, in that Westfield Carlsbad is an existing regional commercial shopping center located within the City’s Regional Commercial (R) General Plan Land Use designation. The Westfield Carlsbad Specific Plan goals include “establishing Westfield Carlsbad as a prominent regional retail center attractive to high quality retailers and fueling economic growth in the City while satisfying current consumer needs on a regional scale.” 6. The area surrounding the Westfield Carlsbad Specific Plan area is planned and zoned in coordination and substantial compatibility with the development, in that the existing open space, multiple-family residential, and commercial uses adjoining the Westfield Carlsbad Specific Plan area are separated by existing roadways, distance and elevation from the existing and proposed regional commercial uses thereby creating adequate separation of uses. 7. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the certified environmental impact report (EIR 09-02) for the project. 8. The proposed plan will contribute to the balance of land use so that local residents may work and shop in the community in which they live in that the Westfield Carlsbad Specific Plan development will provide additional shopping and employment opportunities, and will also allow for the development of residential uses within the plan area. 9. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Final EIR 09-02, the environmental impacts therein identified for this project; the CEQA Findings; and the Program prior to RECOMMENDING APPROVAL of the project; b. the Final EIR 09-02, the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the City of Carlsbad Planning Commission. 10. 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 PC RESO NO. 6982 -4- 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 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 Specific Plan. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. 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 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. 5. 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 Specific Plan, (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. 6. 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 prior to the issuance of building permits. 7. This approval is granted subject to the certification of the Westfield Carlsbad Specific Plan/Site Development Plan Project Final Environmental Impact Report (EIR 09-02) and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolutions No. 6981 for those other approvals incorporated herein by reference. 8. Developer shall implement, or cause the implementation of, the Westfield Carlsbad Specific Plan/Site Development Plan Project Final Environmental Impact Report (EIR 09-02) and Mitigation Monitoring and Reporting Program. PC RESO NO. 6982 -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 9. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the Westfield Carlsbad Specific Plan (SP 09-01), in addition to ten (10) bound copies. 10. The Specific Plan shall be revised to remove all provisions or allowances for digital signage and partnership marketing 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Plarrning Commission of the City of Carlsbad, California, held on June 5, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Anderson, Black, L'Heureux, Schumacher, Scully and Segall Chairperson Siekmarrn ·~ K s~,.&Jy KERRY: SIEKMANN, Chairper~on CARLSBAD PLANNING COMMISSION ATTEST: DONNEU City Plarrner PC RESO NO. 6982 -6- Exhibit “X” June 5, 2013 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE WESTFIELD CARLSBAD SPECIFIC PLAN, SP 09-01 ON APPROXIMATELY 77.5 ACRES OF LAND WITHIN THE EXISTING PLAZA CAMINO REAL SHOPPING CENTER GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISECTED BY MARRON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WESTFIELD CARLSBAD CASE NO.: SP 09-01 WHEREAS, the City Council did on the _______ day of __________, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to SP 09-01 – WESTFIELD CARLSBAD; and WHEREAS, said application constitutes a request for a Specific Plan as shown on “Exhibit SP 09-01” dated June 5, 2013, incorporated by reference; and WHEREAS, on June 5, 2013, the Carlsbad Planning Commission held a duly noticed public hearing to consider the proposed Westfield Carlsbad (SP 09-01) and adopted Planning Commission Resolution No. 6982 recommending approval of SP 09-01. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6982 shall also constitute the findings and conditions of the City Council. SECTION II: That Specific Plan SP 09-01 dated June 5, 2013, on file in the Planning Division, and incorporated herein by reference, is approved. The Westfield Carlsbad Specific Plan shall constitute the development plan for the property and all development within the plan area shall conform to the plan. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text ORDINANCE NO. Exhibit “X” June 5, 2013 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 of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2013, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Exhibit “X” June 5, 2013 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 AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2013, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk