HomeMy WebLinkAbout2013-06-05; Planning Commission; Resolution 6982
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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-
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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-
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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-
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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-
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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.
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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
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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
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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.
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Exhibit “X” June 5, 2013
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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