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HomeMy WebLinkAbout2025-10-28; City Council; Resolution 2025-238Exhibit 1 RESOLUTION NO. 2025-238 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION DETERMINATION AND APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT, CONDITIONAL USE PERMIT, AND PLANNED DEVELOPMENT PERMIT TO ALLOW FOR THE CONVERSION OF AN EXISTING THREE-STORY, 98-GUEST ROOM HOTEL INTO A 98-UNIT MULTI-FAMILY RENTAL PROJECT ON A 3.12-ACRE SITE LOCATED AT 5010 AVENIDA ENCINAS, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: INNS OF AMERICA CASE NO.: AMEND 2024-0008/CUP 2024-0009/PUD 2024-0009 (DEV99017) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on Aug. 20, 2025, hold a duly noticed public hearing as prescribed by law to consider Coastal Development Permit Amendment, AMEND 2024-0008, Conditional Use Permit, CUP 2024-0009, and Planned Development Permit, PUD 2024-0009, as referenced in Planning Commission adopted Resolution No. 7548 recommending to the City Council that it be approved; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing to consider said coastal development permit amendment, conditional use permit, and planned development permit; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the coastal development permit amendment, conditional use permit, and planned development permit. 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.Compliance with California Environmental Quality Act. The proposed action to convert a 98-guestroom hotel into a 98-unit multi-family dwelling is categorically exempt from environmental review under CEQA Guidelines section 15332 (Class 32 – Infill Development Projects) because it is consistent with the General Plan and Zoning Ordinance. The project site is within the city limits, is less than five acres in size and is surrounded by urban uses. There is no evidence that the site has value as habitat for endangered, rare, or threatened species. Approval of the project will not result in significant Docusign Envelope ID: F7BA3FB4-2FAB-47B0-A7A6-64B020650B0E effects relating to traffic, noise, air quality, or water quality. The site can be adequately served by all required utilities and public services. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply. The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by the decision-making body. 3.That the recommendation of the Planning Commission for the approval of Coastal Development Permit Amendment, AMEND 2024-0008, Conditional Use Permit, CUP 2024-0009, and Planned Development Permit, PUD 2024-0009, is adopted and approved, and that the findings and conditions of the Planning Commission contained in the Planning Commission adopted Resolution No. 7548 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 4.That the following conditions are also adopted: a.Prior to obtaining and securing building permits, the Developer shall submit a written declaration from the seller/hotel operator to the Housing & Homeless Services Director attesting that any person who has occupied a unit in the existing hotel for more than 30 consecutive days and will be temporarily or permanently displaced by the project received advanced notice to vacate the premises and information regarding potential rights that may be required or afforded under California Government Code Section 66300.6 or other state law intended to assure replacement and/or ongoing affordability of existing residential units to the extent such state law is applicable. b.Prior to obtaining and securing building permits, the Developer shall submit a written declaration from the seller/hotel operator to the Housing & Homeless Services Director attesting that any person who has occupied a unit in the existing hotel for more than 30 consecutive days and will be temporarily or permanently displaced by the project received advanced notice to vacate the premises and information regarding potential rights that may be required or afforded under California Government Code Section 66300.6 or other state law intended to assure replacement and/or ongoing affordability of existing residential units to the extent such state law is applicable. Docusign Envelope ID: F7BA3FB4-2FAB-47B0-A7A6-64B020650B0E 5. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE” 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 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 is filed with a deposit in an amount sufficient to cover the estimated cost or 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, CA 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of October, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Docusign Envelope ID: F7BA3FB4-2FAB-47B0-A7A6-64B020650B0E