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HomeMy WebLinkAbout2021-07-07; Planning Commission; Resolution 7418PLANNING COMMISSION RESOLUTION NO. 7418 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT, ZONE CHANGE, AND LOCAL COASTAL PROGRAM AMENDMENT TO MODIFY THE LAND USE (LCP AND GENERAL PLAN LAND USE MAPS) AND ZONING (LCP AND CITYWIDE ZONING MAPS) DESIGNATIONS ON A 2.66-ACRE PARCEL FROM REGIONAL COMMERCIAL (R) TO OPEN SPACE (OS) AND FROM GENERAL COMMERCIAL (C-2) TO OPEN SPACE (OS) TO CORRESPOND WITH A PROPOSED WETLAND BUFFER/HABITAT RESTORATION AREA FOR AN APPROVED HOTEL DEVELOPMENT PROJECT IN THE CITY OF OCEANSIDE ALONG CARLSBAD'S NORTHERN BORDER GENERALLY LOCATED SOUTH OF STATE ROUTE 78 AND EAST OF JEFFERSON STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: INNS AT BUENA VISTA CREEK CASE NO: GPA 14-05/ZC 14-03/LCPA 14-05 (DEV14058) WHEREAS, Jenna Development, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Crown Jewel Properties, LLC, "Owner," described as Parcel 2 of Parcel Map No. 15975, in the city of Carlsbad, filed in the Office of the County Recorder of San Diego, February 2, 1990 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment as shown on Exhibit(s) "GPA 14-05", "ZC 14-03" and "LCPA 14-05" dated July 7, 2021, attached hereto and on file in the Carlsbad Planning Division, GPA 14-05/ZC 14-03/LCPA 14-05 -INNS AT BUENA VISTA CREEK, as provided in Government Code Section 65350 et. seq., Section 21.52.030 of the Carlsbad Municipal Code; and Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5, respectively; and WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set forth in the draft City Council Ordinance, EXHIBIT "X" dated July 7, 2021, and attached hereto as ZC 14- 03/LCPA 14-05-INNS AT BUENA VISTA CREEK; and WHEREAS, the Planning Commission did, on July 7, 2021, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment, Zone Change, and Local Coastal Program Amendment. WHEREAS, State Coastal Commission Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) Notice regarding the state-mandated six-week review period for the Local Coastal Program Amendment was issued on April 2, 2021 (April 2, 2021 to May 14, 2021); no comments were received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of GPA 14-05/ZC 14-03/LCPA 14-05 -INNS AT BUENA VISTA CREEK, based on the following findings: Findings: California Environmental Quality Act {CEQA) l. Whenever the city has been identified as a responsible agency for a project, Carlsbad Municipal Code Section 19.04.030 delegates to the City Planner the authority to act on the city's behalf regarding such project. The City Planner has determined that the potential environmental effects of the project were adequately analyzed by a previously certified Environmental Impact Report {EIR) and Mitigation Monitoring and Reporting Program {MMRP) for the construction of the Inns at Buena Vista Creek as adopted by the City of Oceanside acting as Lead Agency in the preparation of the EIR. The EIR, was assigned State Clearinghouse No. 2014061090 and was prepared in accordance with the California Environmental Quality Act {CEQA) to evaluate the potential environmental impacts associated with the project. The City of Carlsbad, acting as a Responsible Agency through the City Planner, found that the project has no new significant environmental effect not analyzed as significant in the certified EIR and MMRP; none of the circumstances requiring further environmental compliance under CEQA Guidelines Section 15163 exist; and all feasible mitigation measures identified in the certified EIR and MMRP, which are appropriate to this phase of the project will be incorporated. The approved EIR and MMRP are on file for review at the Planning Division. General Plan Amendment, GPA 14-05 PC RESO NO. 7418 -2- 2. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated July 7, 2021, including, but not limited to the following: A. The project is consistent with the Land Use and Community Design Element in that the request for a General Plan Amendment to change the Land Use designation for a 2.66- acre parcel from Regional Commercial (R) to Open Space (OS} is being applied to the parcel to correspond with a proposed wetland buffer/habitat restoration area between areas of Buena Vista Creek identified as wetland and an approved hotel project being developed in the city of Oceanside along Carlsbad's northern border. The modification to the OS land use boundaries on this parcel will ensure the preservation of on-site habitat and the wetland buffer area consistent with the Carlsbad Habitat Management Plan. B. The project is consistent with the Open Space, Conservation and Recreation Element in that by providing wetland buffers, restoring habitat within and further designating these areas as Open Space (OS} helps to preserve, protect and enhance the city's natural environment which is identified as a Carlsbad Community Vision Core Value (No. 2). Zone Change, ZC 14-03 3. That the proposed Zone Change from General Commercial (C-2} to Open Space {OS}, that is being applied to the 2.66-acre parcel corresponding with a proposed wetland buffer between the wetland areas located along Buena Vista Creek and the approved hotel project, is consistent with the goals and policies of the various elements of the General Plan, in that the modification to the Open Space (OS) zoning boundaries on the site will ensure the preservation of on-site habitat and the wetland buffer area consistent with the Carlsbad Habitat Management Plan. 4. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the Open Space {OS} Zone designation shown on Exhibit "ZC 14-03" attached hereto implements the Open Space (OS} Land Use designation. 5. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the expansion of the open space areas allowed by the proposed zone change, which corresponds with a proposed habitat wetland buffer/restoration area between areas of Buena Vista Creek identified as wetland and the approved hotel project, will ensure the preservation and protection of the on-site habitat and the wetland buffer area as well as compatibility between the adjacent hotel development and open space land uses. Local Coastal Program Amendment, LCPA 14-05 6. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad General Plan and Zoning Ordinance and do not conflict with any coastal zone regulations, land use designations or policies. PC RESO NO. 7418 -3- 7. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the property's Local Coastal Program Land Use and Zoning Designations into consistency with the proposed General Plan Amendment (GPA 14-05} and Zone Change (ZC 14- 03}. General 8. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. 9. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit, building permit or approval of the City of Carlsbad final parcel map, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment, Zone Change, and Local Coastal Program Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment, Zone Change, and Local Coastal Program Amendment documents, as necessary to make them internally consistent and in conformity, with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such PC RESO NO. 7418 -4- condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, Zone Change, and Local Coastal Program Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions, This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of grading permits. 7. Developer shall implement, or cause the implementation of, the Project Mitigation Monitoring and Reporting Program (MMRP) associated with the certified Environmental Impact Report {SCH#2014061090) for the construction of the Inns at Buena Vista Creek as adopted by the City of Oceanside as Lead Agency. PC RESO NO. 7418 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 7, 2021, by the following vote, to wit: AYES : Commissioners Luna, Meenes, Merz, Sabellico, and Stine NOES: Commissioners Kamenjarin and Lafferty ABSENT: ABSTAIN: ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7418 -6- Exhibit "GPA 14-05" July 7, 2021 GPA 14-05 INNS AT BUENA VISTA CREEK EXISTING (i c e a n s i ct e @S PROPOSED Related Case File No(s): ZC 14-03 / LCPA 14-05 I SDP 14-14 SUP 14-05 / HMP 14-03 / MS 14-12 General Plan Land Use Designation Changes Property From: To: A. 1156-301-17 R / OS OS zc 14-03 Exhibit "ZC 14-03" July 7, 2021 INNS AT BUENA VISTA CREEK EXISTING Oceanside PROPOSED Related Case File No(s): GPA 14-05 / LCPA 14-05 / SDP 14-14 SUP 14-05 / HMP 14-03 / MS 14-12 Zoning Designation Changes Property From: To: A. 1156-301-17 C-2 I OS OS Exhibit "LCPA 14-05" July 7, 2021 LCPA 14-05 (Land Use) INNS AT BUENA VISTA CREEK J... ·--C/;J--t 0 $ !f- !ij EXISTING Oce~!1side PROPOSED • COASTAL ZON" BOUNDARY e • • • • • • COASTAL ZONE\ BOUNDARY e • • • • • Related Case File No(s): GPA 14-05 / ZC 14-03 I SDP 14-14 SUP14~5/HMP14~3/MS14~2 LCPA Land Use Designation Changes Property From: To: A. 1156-301-17 R/OS OS Exhibit "LCPA 14-05" July 7, 2021 LCPA 14-05 (Zoning) INNS AT BUENA VISTA CREEK side EXISTING • COASTAL zoN4 BOUNDARY e • • • • • ··-------- • COASTAL ZONE\ BOUNDARY e • • • ,__ Oceanside • -~-. < """'7'-~~.i•'l:'il-----~.--•-··---•---111111!!1~ 0 IP If Ii; ..., A. PROPOSED Related Case File No(s): GPA 14-05 I ZC 14-03 I SDP 14-14 SUP14-05/HMP14-03/MS14~2 LCPA Zoning Designation Changes Property From: To: I 156-301-17 C-2 I OS OS ORDINANCE NO. EXHIBITX Dated July 7, 2021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE CITYWIDE ZONING AND LOCAL COASTAL PROGRAM ZONING MAPS TO MODIFY THE ZONING DESIGNATIONS ON A 2.66-ACRE PARCEL TO ALLOW A ZONE CHANGE FROM GENERAL COMMERCIAL (C-2) TO OPEN SPACE (OS), AND A LOCAL COASTAL PROGRAM ZONE CHANGE FROM GENERAL COMMERCIAL (C-2) TO OPEN SPACE (OS) TO CORRESPOND WITH A PROPOSED WETLAND BUFFER /HABTIAT RESTORATION AREA FOR AN APPROVED HOTEL DEVELOPMENT PROJECT IN THE CITY OF OCEANSIDE ALONG CARLSBAD'S NORTHERN BORDER GENERALLY LOCATED SOUTH OF STATE ROUTE 78 AND EAST OF JEFFERSON STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: INNS AT BUENA VISTA CREEK CASE NO: ZC 14-03/LCPA 14-05 (DEV14058) WHEREAS, JENNA DEVELOPMENT, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by CROWN JEWEL PROPERTIES, LLC, "Owner," described as Parcel 2 of Parcel Map No. 15975, in the city of Carlsbad, filed in the Office of the County Recorder of San Diego, February 2, 1990 ("the Property"); and WHEREAS, said verified application constitutes a request for a Zone Change and Local Coastal Program Amendment as shown on Exhibits "ZC 14-03" AND "LCPA 14-05" -INNS AT BUENA VISTA CREEK dated July 7, 2021, attached hereto and made a part hereof; and WHEREAS, the City Council held a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to the "ZC 14-03/LCPA 14-05-INNS AT BUENA VISTA CREEK." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does ordain as follows: 1. The above recitations are true and correct. 2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and the Local Coastal Program Zoning Map, are amended as shown on the maps marked "ZC 14-03 :-INNS AT BUENA VISTA CREEK" and "LCPA 14-05 -INNS AT BUENA VISTA CREEK" dated July 7, 2021, attached hereto and made a part hereof. 3. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7418 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 14-05 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ___ day of _______ _, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ___ day of ________ _, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor EXHIBITX Dated July 7, 2021 BARBARA ENGLESON, City Clerk (SEAL) zc 14-03 Exhibit "ZC 14-03" July 7, 2021 INNS AT BUENA VISTA CREEK EXISTING Oceans,ide PROPOSED Related Case File No(s): GPA 14-05 / LCPA 14-05 / SDP 14-14 SUP14-05/HMP14-03/MS14~2 Zoning Designation Changes Property From : To: A. I 1 s6-301-17 C-2 I OS OS Exhibit "LCPA 14-05" July 7, 2021 LCPA 14-05 (Zoning) INNS AT BUENA VISTA CREEK A. Oce? s·~ EXISTING Oce:cin ide PROPOSED • COASTAL zoN4 BOUNDARY a • • • • • . ------·---.. • COASTAL zoNi:I BOUNDARY e • • • • Related Case File No(s): GPA 14-05 / ZC 14-03 / SDP 14-14 SUP 14-05 / HMP 14-03 / MS 14-12 LCPA Zoning Designation Changes Property !from: 1ro: I 156-301-17 IC-2 I OS 10s