HomeMy WebLinkAbout2001-04-17; City Council; Resolution 2001-1181
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RESOLUTION NO. 2001-11s
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 serve 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)
J. Kulchin, $ayok Pro Tern 3'