HomeMy WebLinkAbout2026-07-28; City Council; Resolution 2026-163Exhibit 1 RESOLUTION NO. 2026-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING OF A CALIFORNIA ENVIRONMENTAL QUALITY ACT
DETERMINATION FOR A CLASS 32 IN-FILL EXEMPTION, A TENTATIVE TRACT
MAP CT 2024-0007, SITE DEVELOPMENT PLAN SDP 2024-0021, AND
COASTAL DEVELOPMENT PERMIT CDP 2024-0035 TO DEMOLISH A VACANT
BANK BUILDING AND CONSTRUCT A FIVE-STORY MIXED-USE BUILDING
CONSISTING OF 3,801 SQUARE FEET OF COMMERCIAL SPACE, 50
RESIDENTIAL CONDOMINIUM UNITS AND 50 COVERED PARKING SPACES ON
A 0.72-ACRE PROPERTY LOCATED AT 840 CARLSBAD VILLAGE DRIVE IN THE
NORTHWEST QUADRANT OF THE CITY, THE VILLAGE & BARRIO MASTER
PLAN AND LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: RINCON CVD
CASE NO.: CT 2024-0007/SDP 2024-0021/CDP 2024-0035 (DEV2024-
0004)
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 May 6, 2026, hold a duly noticed
public hearing as prescribed by law to consider Tentative Map, CT 2024-0007, Site Development Plan,
SDP 2024-0021, and Coastal Development Permit, CDP 2024-0035, as referenced in Planning
Commission adopted Resolution No. 7577 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
the project, its impact on the environment, said tentative map, site development plan, and coastal
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 project,
including but not limited to the tentative map, site development plan, and coastal 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 (CEQA). The proposed action to
demolish a vacant bank building and associated drive-through and the construction of
five-story, mixed-use building featuring 50 residential condominium and approximately
3,800 square feet of commercial space, is categorically exempt from environmental
review under CEQA Guidelines section 15332 (Class 32 – In-Fill Development Projects),
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because it is in-fill development within an urbanized area and meets the following
criteria: the project is consistent with the city’s General Plan and zoning regulations; the
project site is no larger than five acres in size and substantially surrounded by urban
uses; the site has no value as habitat for rare, endangered or threatened species;
approval of the project would not result in any significant effects relating to traffic,
noise, air quality or water quality; and 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 Tentative
Map, CT 2024-0007, Site Development Plan, SDP 2024-0021, and Coastal Development
Permit, CDP 2024-0035, is adopted and approved, and that the findings and conditions
of the Planning Commission contained in the Planning Commission adopted Resolution
No. 7577 on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
4. That the following Condition 72, which was offered, confirmed and agreed to by the
project applicant at the City Council Meeting on July 28, 2026, is also adopted:
Prior to occupancy of the first residential unit, the project will offer to install and, if
accepted, install mechanical lifts to provide 23 additional spaces to serve the
residential units, assigned proportionately to the market rate and affordable units.
Evidence of compliance will be provided to the City Planner.
5. The City Council finds that modification to the fifth-floor common open space area to
add a restroom does not significantly change the project’s design, use, or compliance
with zoning and development standards. Said change falls within the scope of allowable
adjustments and the revision is necessary for the occupant-serving facility to comply
with the Carlsbad Municipal Code, California Building Standards Code and Health and
Safety Code Section 11805 requirements. The modification does not alter the findings
or approval recommendations of the Planning Commission.
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6. 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 July, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Shin.
NAYS: Burkholder.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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