HomeMy WebLinkAbout2018-10-03; Planning Commission; Resolution 7312
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 98-08 FOR A
GENERAL PLAN LAND USE CHANGE FROM PLANNED INDUSTRIAL TO
OFFICE, A ZONE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, AND
AN AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN TO
APPLY OFFICE ZONE STANDARDS TO LOT 1 AND TO ALLOW
CONSTRUCTION OF A PROFESSIONAL CARE FACILITY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL
FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN
LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011
CUP 2017-0008 (DEV2017-0042)
WHEREAS, Hannah Daugherty, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by Ted Tchang, “Owner,” described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
(“the Property”); and
WHEREAS, on October 8, 2002, the City Council of the City of Carlsbad certified
Environmental Impact Report (EIR) 98-08, adopted the Candidate Findings of Fact, Statement of
Overriding Consideration, and Mitigation Monitoring and Reporting Program for the Carlsbad Oaks North
Specific Plan that allows for industrial development of lots within the Carlsbad Oaks North Business
Park; and
WHEREAS, the proposed project is construction and operation of a professional care
facility on Lot 1, generally located at the northwest corner of Faraday Avenue and El Fuerte Street; and
WHEREAS, in compliance with the California Environmental Quality Act (“CEQA”), an
Addendum to EIR 98-08 – GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-
0042) (“Addendum”), attached as Exhibit “A” dated September 2018, was prepared to determine if the
PLANNING COMMISSION RESOLUTION NO. 7312
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preparation of a subsequent or supplemental EIR was required for the Carlsbad Oaks North Specific Plan
Amendment Project; and
WHEREAS, the Planning Commission did on October 3, 2018, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, the Addendum was presented to the Planning Commission and the Planning
Commission reviewed and considered the information contained in EIR 98-08 and the Addendum prior to
approving the Project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining the Addendum, analyzing the information submitted by City staff, and considering
any written and oral comments received, the Planning Commission considered all factors relating to the
Addendum.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS APPROVAL of the Addendum to EIR 98-08, based on the following
findings that are supported by substantial evidence in the Record:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the Addendum has been
prepared in accordance with requirements of the California Environmental Quality Act (CEQA),
the CEQA Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered the
Addendum with EIR 98-08 prior to RECOMMENDING APPROVAL of the Project, and it reflects the
independent judgment of the City of Carlsbad Planning Commission.
3. The Planning Commission of the City of Carlsbad does hereby find that adopting an Addendum
to EIR 98-08 is appropriate and in conformance with CEQA in this case because no changes or
additions to EIR 98-08 are necessary, and none of the conditions described in Section 15162 of
the CEQA Guidelines calling for preparation of a subsequent EIR have occurred, in that:
a. There are no significant new environmental effects and no substantial increase in the
severity of a previously identified significant effect. The analysis and mitigation contained
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in EIR 98-08 remain adequate to address all potential impacts of the Carlsbad Oaks North
Specific Plan. The City Planner has determined the potential environmental effects of the
project were adequately analyzed by the September 2018 Addendum (Exhibit A) of Planning
Commission Resolution No. 7312, and by substantial evidence that the prproposed
constructionnd operation of a professional care facility (Oakmont of Carlsbad) on a 6.38-
acre lot will not result in any new impacts or any increase in severity of previously disclosed
impacts beyond those addressed in EIR 98-08. Approval is granted subject to the approval
of Planning Commission Resolution No. 7312 (Addendum) and is subject to all conditions
contained in the Mitigation Monitoring and Reporting Program of EIR 98-08, and Planning
Commission Resolution No’s: 7310 and 7312. This project does not amplify any other
potential impacts and does not present new impacts not already considered or addressed
as necessary by existing mitigation measures.
b. There has been no substantial change with respect to the circumstances under which the
Project is being undertaken which would require major revisions to EIR 98-08.
c. There is no new information of substantial importance that was not known and could have
been known with the exercise of reasonable diligence at the time EIR 98-08 was certified.
d. The Project will not have any significant effects not discussed in EIR 98-08.
e. There are no new or additional mitigation measures that need to be added and there are
no mitigation measures previously found not to be feasible that are now found to be
feasible that would substantially reduce one or more significant effects of the Project.
4. The Addendum is incorporated by reference herein, and the findings and substantial evidence
presented in the Addendum are adopted as findings to these proceedings.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on October 3, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes,
and Segall .
None
None
None
MARTELL MONTGOMERY,
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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