HomeMy WebLinkAbout2001-04-17; City Council; 16158; Plaza Camino Real Temporary Outdoor EventsCITY OF CARLSBAD -AGENDA BILL 0 4
AB# 1 TITLE: 1 b! /,-a DEPT. HD.
MTG. +-17-o / PLAZA CAMINO REAL TEMPORARY CITY ATTY.
OUTDOOR EVENTS PP 24(l)
DEPT. CA CH-Y MGR.a$$
RECOMMENDED ACTION:
The Council adopt Resolution No. &?a/-/) gdenying the Precise Plan amendment for the
Plaza Camino Real temporary outdoor event request.
ITEM EXPLANATION:
At its meeting of April 3, 2001, the Council denied the application of Plaza Camino Real for
an amendment to its Precise Plan to allow temporary promotional outdoor events, and
referred the matter to the City Attorney to prepare documents memorializing that decision.
Those documents are attached. The Council should satisfy itself that they accurately
represent its intent in this matter.
FISCAL IMPACT:
The fiscal impacts to the City are negligible since all vendors are required to obtain a City
business license and Plaza Camino Real is responsible for maintaining the parking lot at no
cost to the City. All public facilities necessary to serve the events are already in place. Sales
of merchandise, if they had taken place, are subject to sales tax if the sale is consummated
within the City pursuant to Carlsbad Municipal Code section 3.08.070. However, since the
request has been denied, no such sales will take place under the applicant’s proposal.
ENVIRONMENTAL REVIEW:
Projects which are denied are exempt from CEQA review pursuant to Public Resources
Code section 21080(b)(5) and CEQA Guidelines section 15270.
EXHIBITS:
1. Resolution No. 6001- 11%
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RESOLUTION NO. 2001-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING A PRECISE PLAN
AMENDMENT TO ALLOW THE OCCASIONAL USE OF THE PLAZA
CAMINO REAL PARKING LOT FOR OUTDOOR PROMOTIONAL
EVENTS ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF MARRON ROAD AND MONROE
STREET, IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PLAZA CAMINO REAL TEMPORARY
PROMOTIONAL OUTDOOR EVENTS
CASE NO.: PP 24(l)
WHEREAS, pursuant to the provisions of the municipal code, the
Planning Commission did, on January 3, 2001 and January 17,2001, hold duly noticed
public hearings as prescribed by law to consider the applicant’s proposed Precise Plan
amendment; and
WHEREAS, the City Council of the City of Carlsbad on the 3ti day of April,
2001, held a duly noticed public hearing to consider the application and requested
amendment and at that time received the recommendations of the Planning
Department, the Planning Commission and objections, protests, comments, if any, of all
persons interested in or opposed to PP 24(l);
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 the City Council denies the proposed amendment to the Precise
Plan because it is not necessary or desirable or in harmony with the general welfare in
that:
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a. There has been no showing that the proposed outdoor
events will sense to enhance the Plaza Camino Real shopping center nor that such
events are necessary, desirable, or convenient for the residents of the City.
b. The trade area comparisons indicate that the economics and
demographics of the Plaza Camino Real are similar and nearly identical to the
demographics and economics of other regional malls in San Diego owned by the
applicant and these similarly situated malls do not have temporary outdoor promotional
events and the applicant has not identified a need to do so at them.
C. There are sufficient existing mechanisms to host outdoor
special events including the seasonal event permit procedure, the conditional use
permit for outdoor events and the special events permits all of which provide applicant
with sufficient alternative mechanisms to sponsor or facilitate temporary outdoor events.
3. The Council recognizes the importance of a first class, top-quality
regional mall in the City of Carlsbad. Indeed, Plaza Camino Real mall was such a first-
class, top-quality mall from its inception attracting shoppers and guests from throughout
the region. The Council urges the mall to take whatever steps are necessary to regain
this position in the marketplace and realizes that this will require the expenditure of
money, time and energy perhaps over a period of years and that the focus for those
improvements should be on the mall itself and not in the parking lot owned by the City.
4. That this action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for
Judicial Review” shall apply:
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“NOTICE TO APPLICANT’
“The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section
1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any
petition or other paper seeking judicial review must be filed in
the appropriate court not later than the ninetieth day following
the date on which this decision becomes final; however, if
within ten days after the decision becomes final a request for
the record of the proceedings accompanied by the required
deposit in an amount sufficient to cover the estimated cost of
preparation of such record, the time within which such petition
may be filed in court is extended to not later than the thirtieth
day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he
has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.”
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 17th day of April ,200l by the
following vote, to wit:
AYES: Council Members Kulchin, Finnila, Nygaard and Hall.
NOES: None -
ABSENT: Council Member Lewis
ATTEST:
(SEAL)
RONALD R. BALL
CITY AlTORNEY
JANE MOBALDI
ASSISTANT CITY AlTORNEY
DAMIEN B. BROWER
DEPUTY CITY ATTORNEY
CINDIE K. McMAHON
DEPUTY CITY ATTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(760) 434-2891
FAX: (760) 434-8367
April 30,200l RANDEE HARLIS
SECRETARY TO CITY ATTORNEY
ARDIS SEIDEL
LEGAL SECRETARY/PARALEGAL
Emmet Duman
General Manager Wesffield Shopping Town
Plaza Camino Real
4900 Neblina Drive
Carlsbad, CA 92008
RE: PLAZA CAMINO REAL TEMPORARY OUTDOOR EVENTS
Dear Mr. Duman:
As you know, the City Council, at its meeting of April 17,2001, denied the Precise Plan
amendment for the Plaza Camino Real temporary outdoor event request. I am
enclosing, for your files, a fully executed copy of the agenda bill and its accompanying
Resolution No. 2001-I 18.
V&y truly yours, /1 ~
fikz$kl%
’ City Attorney
rmh
enclosure
c: City Clerk /