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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% 1 2 3 4 5 6 7 8 9 10 11 12 2 8 $2" 7 dza 13 a08 owg 5ua SO55 14 egg 9 a;Ss 15 zLLlv)o 88&a- os;i: 16 i= (82 17 z-3 u 18 19 20 21 22 23 24 25 26 27 28 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: 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. 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: 2 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 “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 /