HomeMy WebLinkAbout2014-08-20; Planning Commission; Resolution 7069
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN
AMENDMENT NO. 09-01(B) TO AMEND THE USE CLASSIFICATIONS: TABLE
4 OF THE WESTFIELD CARLSBAD SPECIFIC PLAN TO INCLUDE AS
PERMITTED USES AUTOMOBILE DEALERSHIPS FOR ELECTRIC CARS ONLY
AND AUTOMOBILE SERVICE AND REPAIR OF ELECTRIC CARS WHEN
ANCILLARY TO AN EXISTING AUTOMOBILE DEALERSHIP WITHIN THE
WESTFIELD CARLSBAD SPECIFIC PLAN ON PROPERTY 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(B)
WHEREAS, Plaza Camino Real, LP and CMF PCR, LLC “Developers,” have filed a verified
application with the City of Carlsbad regarding property owned by the City of Carlsbad, Plaza Camino
Real, LP and CMF PCR, LLC, “Owners,” 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 Amendment,
on file in the Carlsbad Planning Division, WESTFIELD CARLSBAD – SP 09-01(B) as provided by Government
Code Section 65453; and
WHEREAS, the proposed WESTFIELD CARLSBAD – SP 09-01(B) is set forth and attached
in the draft City Council Ordinance, Exhibit “X” dated, August 20, 2014, and attached hereto; and
WHEREAS, the Planning Commission did, on August 20, 2014, 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 Amendment; and
PLANNING COMMISSION RESOLUTION NO. 7069
PC RESO NO. 7069 -2-
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WHEREAS, on July 23, 2013, the City Council approved SP 09-01, as described and
conditioned in Planning Commission Resolution No. 6982 and City Council Resolution Ordinance No. CS-
219.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
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(B) based on the
following findings [and subject to the following conditions]:
Findings:
1. The proposed amendment as described by the Specific Plan Amendment (SP 09-01(B)) is
consistent with the provisions of the General Plan in that the General Plan Land Use designation
for the Westfield Carlsbad Specific Plan area is Regional Commercial (R). The Land Use Element
of the General Plan describes regional commercial centers as those that are of a regional scale
(i.e., drawing customers from outside of the City) and provide shopping goods, general
merchandise, automobile sales, apparel, furniture, and home furnishings anchored by two or
more department stores and generally located on sites easily visible as well as accessible from
interchange points between highways and freeways. The proposed uses consisting of
Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars
when ancillary to an existing automobile dealership are consistent uses associated with regional
commercial shopping centers as described by the R General Plan Land Use designation.
2. The proposed plan amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the proposed uses, consisting of Automobile
Dealership for electric cars only and Automobile Service and Repair of electric cars only when
ancillary to an existing automobile dealership, are considered consistent uses associated with
regional commercial shopping centers as described by the R General Plan Land Use designation.
Moreover, the Westfield Carlsbad Specific Plan includes specific development standards and
design guidelines that guide the development of a quality planned regional shopping center and
insure compatibility among tenants. Lastly, Westfield Carlsbad has access to a parking field
consisting of 6,076 parking spaces where 4,602 parking spaces are required. With a surplus of
1,474 parking spaces, there is adequate parking onsite to accommodate these future uses,
including up to 10 outside parking spaces for display and test driving purposes and a maximum
of 45 outside parking spaces for inventory at a secured location.
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.
4. The proposed commercial uses will be appropriate in area, location, and overall design to the
purpose intended. The design and development standards of the approved Westfield Carlsbad
PC RESO NO. 7069 -3-
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Specific Plan are such as to create an environment of sustained desirability and stability. Such
development will meet performance standards established by this title in that all future
development and/or tenant improvements carried out to support these proposed future uses,
consisting of Automobile Dealership for electric cars only and Automobile Service and Repair of
electric cars when ancillary to an existing automobile dealership, would be subject to the
development standards and design guidelines of the Westfield Carlsbad Specific Plan, which
guide the development of a quality planned regional shopping center and will insure
compatibility among tenants.
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 proposed uses,
consisting of Automobile Dealership for electric cars only and Automobile Service and Repair of
electric cars when ancillary to an existing automobile dealership, assist in achieving a Westfield
Carlsbad Specific Plan goal of “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.” The proposed uses also contribute to a
Specific Plan objective “to offer a full range of goods, services and entertainment to the
residents of Carlsbad and the surrounding community.”
6. The area surrounding the Westfield Carlsbad Specific Plan is planned and zoned in coordination
and substantial compatibility with the development, in that existing open space, multiple-family
residential, and commercial uses adjoining the Westfield Carlsbad Specific Plan boundary are
separated by existing roadways, distance and elevation from the existing and proposed regional
commercial uses thereby creating adequate separation of uses.
7. The proposed plan amendment 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 proposed uses, consisting of
Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars
when ancillary to an existing automobile dealership, will provide increased retail goods and
services as well as additional employment opportunities to the residents of Carlsbad and the
surrounding community.
8. The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant
to CEQA Guidelines Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code
Chapter 19.04.070(A)(1)(c), general rule exemption where it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment. The
proposed revisions to the Specific Plan are similar to minor Zoning Ordinance amendments and
therefore are exempt from environmental analysis.
9. 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
PC RESO NO. 7069 -4-
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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 Specific Plan Amendment.
2. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Specific Plan Amendment 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 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.
6. Developer shall implement, or cause the implementation of the Westfield Carlsbad Specific Plan
Final Environmental Impact Report (EIR 09-02) and Project Mitigation Monitoring and Reporting
Program.
7. Prior to the issuance of any permits associated with the proposed uses, consisting of
Automobile Dealership for electric cars only and Automobile Service and Repair of electric cars
when ancillary to an existing automobile dealership, the applicant shall submit to the City
Planner a digital copy and a camera-ready master copy of the SP 09-01(B) (including SP 09-
01(A)), in addition to the required number of bound copies (i.e., 5 copies).
. . .
. . .
. . .
. . .
Exhibit “X”
August 20, 2014 1
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AN AMENDMENT TO THE WESTFIELD
CARLSBAD SPECIFIC PLAN (SP 09-01) TO AMEND THE USE
CLASSIFICATIONS: TABLE 4 OF THE WESTFIELD CARLSBAD SPECIFIC
PLAN TO INCLUDE AS PERMITTED USES AUTOMOBILE DEALERSHIPS
FOR ELECTRIC CARS ONLY AND AUTOMOBILE SERVICE AND REPAIR
OF ELECTRIC CARS WHEN ANCILLARY TO AN EXISTING AUTOMOBILE
DEALERSHIP WITHIN THE WESTFIELD CARLSBAD SPECIFIC PLAN ON
PROPERTY 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(B)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Westfield Carlsbad Specific Plan was originally adopted by
City Council Ordinance No. CS-219 on July 23, 2013, which contains the uses,
development standards and design guidelines for the development of the Specific Plan
area; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered a Specific Plan Amendment (SP 09-01(B)) for the Westfield Carlsbad Specific Plan;
and
WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said Specific Plan Amendment
(SP 09-01(B)) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
that:
1. The above recitations are true and correct.
2. That the Westfield Carlsbad Specific Plan (SP 09-01(B)), on file in the
Planning Division, and incorporated herein by reference, is adopted. The Westfield Carlsbad
ORDINANCE NO._________
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Specific Plan (SP 09-01(B)) shall constitute the zoning for the property and all development
of the property shall conform to the Specific Plan.
3. That the Westfield Carlsbad Specific Plan (SP 09-01), as amended by
Specific Plan Amendment 09-01(B), dated August 20, 2014, is approved.
4. That Specific Plan Amendment (SP 09-01(B)) adds text to Table 4: Use
Classifications on Pg. 3-2 in the Westfield Carlsbad Specific Plan, as shown on the attached
“Exhibit SP 09-01(B).”
5. That the findings and conditions of Planning Commission Resolution No.
7069 shall also constitute the findings and conditions of the City Council.
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
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 , 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
Table 4: Use Classifications
Accessory and Support Uses
Accessory facilities & activities Facilities and activities customarily associated with or essential to permitted uses, and operated incidental to the principal use P
Automobile Service and Repair Service and repair of electric automobiles when ancillary to an existing automobile dealership. P
Drive-in or drive-thru services Drive-in, drive-thru or take-out services complimentary to and in support of a permitted principal use (excluding drive-thru restaurants)P
Outdoor dining Outdoor dining incidental to an eating establishment/restaurant pursuant to Section 21.26.013c of the Carlsbad Municipal Code P
Parking On-site parking (surface or underground) associated with a primary use
On-site parking in above ground structures associated with a primary use
P
M-SDP
Temporary support facilities Temporary event or construction facilities and services conducted as support to approved construction or temporary event, and in accordance with the provisions of the approval P
Educational and Religious Uses
Educational facilities and schools Public or private facilities and institutions for educational purposes with a curriculum comparable to that required in public schools in the State of California, or business and trade schools (pre-professional and
professional) limited to a total of 5,000 square feet of such use at one time.
CUP-PC
Religious Facilities and Assembly Places of religious assembly for worship, prayer, religious education or other purposes therof CUP-PC
Entertainment Uses
Digital/multi-media & interactive Facilities for the enjoyment of digital, multi-media and interactive entertainment, such as cinemas, arcades, and minor amusement rides (e.g. carousels)P
Live entertainment Indoor facilities for comedy, theater, live action shows
Specially designed outdoor facilities for live comedy, theater, live action shows or petting zoo
P
M-CUP
Recreation Indoor facilities for court sports, and health/fitness P
Pool Halls (subject to CMC 21.42.140(B)(110) and Bowling Lanes (subject to CMC 21.42.140(B)(35))CUP-PC
Medical Uses
Healing arts practitioners Doctors, dentists, optometrists, chiropractors or others whether practiced during typical business hours primarily by appointment or by urgent as-needed basis primarily on an out-patient basis P
Office Uses
Professional/general business offices Offices of organizations providing professional, executive, management or administrative services such as law, investment, title company, real estate, engineering, planning, architectural, etc.P
Public and Semi-Public Uses
Clubs and lodges Meeting, recreational, or social facilities of a private profit or non-profit organization for use primarily by members or guests, including social clubs and youth and senior centers CUP-PC
Governmental offices Administrative, clerical or public contract offices of a government agency P
Museums Building or institution that houses artifacts for public viewing P
Philanthropic/Charitable institutions Institutions or organizations organized for and carrying out philanthropic and/or charitable purposes CUP-PC
Wireless Communications Facilities Primarily unmanned facilities and structures providing infrastructure for wireless communications networks (subject to CMC Section 21.42.140 (B)(165))M-CUP/CUP-PC
Residential Uses
Multi-family Multi-family residential buildings SDP - PC
Mixed-use Residential uses located above the ground floor of a multi-story commercial building SDP - PC
Retail Uses
Animal sales & services Shops and facilities for animal care products, services and medical care, such as pet sitting, pet supplies, veternary care, grooming, and pet sales P
Artists studios Work and display space for artists and artisans practicing applied art or craft P
Automobile Dealerships (Maximum
of 2)
Electric cars only at this location, and up to 10 outside parking spaces for display and test driving purposes and a maximum 45 outside parking spaces for inventory at a secured location.
Site design, location and fencing for inventory parking shall be subject to City Planner review and approval. In no event can inventory parking replace required parking spaces for
shopping center customers.
P
Building materials / home improvement Retailing, wholesaling or rental of building / construction supplies / materials / equipment, and retailing of goods / products to be used for home improvement and / or the furnishing of homes P
Eating & drinking establishments Business providing for the preparation and service of food and beverage for consumption on or off-site including off-site catering P
Bars/Cocktail Lounges (subject to CMC 21.42.140(B)(20))CUP-PC
Food & beverage sales Retail sale of food and beverages for on or off-site preparation and consumption, including alcoholic beverages P
Retail sales Retail sale of merchandise, whether new or re-sale, products, and goods, such as clothing, furniture, consumer packaged goods, toys, hobby, tobacco, jewelry, consumer electronics, home wares, sporting goods,
hardware, appliances, paint, carpeting, office
P
Gas stations Automobile services stations inlcuding sale of auto fuel and convenience items (subject to CMC 21.42.140(B)(65))CUP-PC
Service Uses
Business center Businesses providing general business support services, such as shipping, computing, and printing P
Child care Chlid day care centers subject to the provisions of Chapter 21.83 of the Carlsbad Municipal Code P
Personal finance institutions Banks, credit unions and other institutions / organizations providing personal financial services P
Personal services Businesses providing variety of personal services, such as laundromat, dry cleaners, locksmith, auto hand-wash / detailing, tailor, massage (subject to CMC 5.16), and travel P
Visitor accommodations Hotels and motels (subject to CMC 21.42.140)(B)(80))CUP-PC
Transportation Uses
Transit passenger terminal Outdoor or indoor facilities for passenger loading/unloading for mass transit systems CUP-PC
P = permitted by right M-CUP = permitted with Minor Conditional Use Permit CUP - PC = permitted with Conditional Use Permit approved by Planning Commission
CUP - CC = permitted with Conditional Use Permit approved by City Council M-SDP= permitted with a Minor Site Development Plan SDP-PC = permitted with a Site Development Plan approved by Planning Commission.
WESTFIELD CARLSBAD SPECIFIC PLAN 3-2