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Home My WebLink About2021-05-04; City Council; Resolution 2021-097RESOLUTION NO. 2021-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND ADDENDUM; APPROVING A GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO MODIFY THE LAND USE DESIGNATION ON A 12.53-ACRE SITE FROM PLANNED INDUSTRIAL (PI) TO RESIDENTIAL (R-30) AND TO RECONFIGURE THE OPEN SPACE (OS) LAND USE DESIGNATION BOUNDARIES ON THE PROPERTY TO ACCOMMODATE REQUIRED EMERGENCY ACCESS AND PRESERVE ON-SITE HABITAT AND HABITAT BUFFER AREAS; AND THE APPROVAL OF A SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, HABITAT MANAGEMENT PLAN PERMIT, AND MINOR SUBDIVISION FOR THE CONSTRUCTION OF 192 MULTIFAMILY RESIDENTIAL APARTMENT RENTAL UNITS LOCATED SOUTHWEST OF THE INTERSECTION OF PALOMAR AIRPORT ROAD AND PALOMAR OAKS WAY WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: WEST OAKS CASE NO.: GPA 16-04/ZC 16-03/LCPA 16-04/SDP 16-20/CDP 16- 31/HMP 16-04/MS 2018-0005 (DEV 13018) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Carlsbad Municipal Code, the Planning Commission did, on January 20, 2021, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; General Plan Amendment GPA 16-04, Local Coastal Program Amendment LCPA 16-04, Site Development Plan SDP 16-20, Coastal Development Permit CDP 16-31, Habitat Management Plan Permit HMP 16-04, and Minor Subdivision MS 2018-0005, as referenced in Planning Commission Resolution Nos. 7395, 7396, and 7397; and the Planning Commission adopted Resolution Nos, 7395, 7396 and 7397 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider said Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and General Plan Amendment, Local Coastal Program Amendment, Site Development Plan, Coastal Development Permit, Habitat Management Plan Permit, and Minor Subdivision. 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 Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and General Plan May 4, 2021 Item #4 Page 14 of 46 Amendment, Local Coastal Program Amendment, Site Development Plan, Coastal Development Permit, Habitat Management Plan Permit, and Minor Subdivision; and WHEREAS, the West Oaks project increases the city's residential inventory by 192 multi-family apartment rental units on a site previously designated for industrial and not residential land use; and WHEREAS, concurrent with the processing of West Oaks, the city has filed applications (GPA 2021-0001/ZC2021-0001, Aura Circle Open Space and GPA 2021-0002/ZC2021-0002, Buena Vista Park Open Space) to change the General Plan land use designations and zoning -from residential to open space on two city-owned properties, Aura Circle (APN 207-100-48) and Buena Vista Reservoir Park (APN 156-200-16) for the purpose of preserving and improving the properties for open space and park purposes; and WHEREAS, redesignation of the Aura Circle (R-4/0S land use designation and R-1-8000/0S zoning) and Buena Vista Reservoir Park (R-4 land use designation and R-1 zoning) properties would result in the loss of approximately 9 and 10 units, respectively, which in turn could reduce the city's residential land use capacity by 19 units; and WHEREAS, the Aura Circle and Buena Vista Reservoir Park properties are not identified in the City's Housing Element sites inventory and are, therefore, not subject to Senate Bill (SB) 166, specifically Government Code Section 65863; and WHEREAS, the West Oaks' residential land use designation of R-30 (23 to 30 dwelling units per acre) is significantly higher than the R-4 designation of the Aura Circle and Buena Vista Reservoir Park properties and results in significantly more units than are achievable on the two properties under their current land use designations; and WHEREAS, because the West Oaks project provides units well in excess of those that would be lost due to the currently proposed open space redesignation of Aura Circle and Buena Vista Reservoir Park properties and at a greater residential density than is permitted at either property, there is no net loss of residential unit capacity in the city as required under Government Code Section 65584 and Government Code Section 66300 created per Senate Bill (SB) 330. 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. May 4, 2021 Item #4 Page 15 of 46 2.That the recommendation of the Planning Commission for the adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and approval of General Plan Amendment GPA 16-04, Local Coastal Program Amendment LCPA 16-04, Site Development Plan SDP 16-20, Coastal Development Permit CDP 16-31, Habitat Management Plan Permit HMP 16-04, and Minor Subdivision MS 2018-0005, are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 7395, 7396, and 7397 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3.That General Plan Amendment GPA 16-04 and Zone Change 16-03 ensure no net loss of residential unit capacity in the city as required under Government Code Section 65584 and Government Code Section 66300 for applications GPA 2021-0001/ZC 2021-0001 and GPA 2021-0002/ZC 2021-0002 currently being processed. 4.That the approval of GPA 16-04 as shown on Attachment A "GPA 16-04" — West Oaks dated October 1, 2020, attached hereto and made a part hereof, shall not be effective until LCPA 16- 04 is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 5.That the approval of LCPA 16-04 as shown on Attachment B "LCPA 16-04" — West Oaks dated October 1, 2020, attached hereto and made a part hereof, shall not be effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 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: II // // May 4, 2021 Item #4 Page 16 of 46 "N OTI CE" 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 Office of 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 4th day of May, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor -4\ARSTY\ BARBARA ENGLESON, City Clerk (SEAL) 001 \ 1111 10110,,, ‘‘\\ 4 "/ 5, • 'se • • • May 4, 2021 Item #4 Page 17 of 46 GPA 16-04 West Oaks October 01, 2020Exhibit "GPA 16-04" EXISTING PROPOSED OS R-1.5 OS R-4 OS PI R-30 PI OS OS R-30 OS OS OS OS From:To: A. 212-040-26-00 PI OS B. 212-110-01-00 PI R-30 C. 212-110-02-00 PI R-30 D. 212-110-03-00 PI R-30 E. 212-110-04-00 PI R-30 F. 212-110-05-00 PI R-30, OS G. 212-110-06-00 PI R-30, OS H. 212-110-07-00 PI R-30, OS I. 212-110-08-00 OS OS Related Case File No(s): ZC 16-03 / LCPA 16-04 / LFMP 87-05(F) / SDP 16-20 / CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018) General Plan Land Use Designation Changes Property PI PI PIOS OS OS PI O OSPI ATTACHMENT A May 4, 2021 Item #4 Page 18 of 46 RUBYWYTURQUOISEDRSAPPHIREDR PALOMAR OAKS WYWRIGHTPL C O B B L E S T ONEDRPALO M A R AIRP O RTRDWE S TOAKS WY RUBYWYTURQUOISEDRSAP P HIR E D RWRIGHTPL PALOMAR OAKS WYC O B B L E S T O NEDRPAL O M A R AIRPORTRDWE STOAKS WY LCPA 16-04 (Land Use)West Oaks October 01, 2020Exhibit "LCPA 16-04" EXISTING PROPOSED OS R-1.5 OS R-4 R-30 OS OS R-30 OS OS OS PI PI OS O OSPI From:To: A. 212-040-26-00 PI OS B. 212-110-01-00 PI R-30 C. 212-110-02-00 PI R-30 D. 212-110-03-00 PI R-30 E. 212-110-04-00 PI R-30 F. 212-110-05-00 PI R-30, OS G. 212-110-06-00 PI R-30, OS H. 212-110-07-00 PI R-30, OS I. 212-110-08-00 OS OS Related Case File No(s): GPA 16-04 / ZC 16-03 / LFMP 87-05(F) / SDP 16-20 CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018) LCPA Land Use Designation Changes Property ATTACHMENT B May 4, 2021 Item #4 Page 19 of 46