HomeMy WebLinkAbout2021-10-19; City Council; ; City of Carlsbad Permits Needed for the Inns at Buena Vista Creek, a New Hotel Development Project Located in the City of Oceanside, along the City of Carlsbad’s NorthCA Review CKM
Meeting Date: Oct. 19, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jason Goff, Senior Planner
jason.goff@carlsbadca.gov, 760-434-4643
Subject: City of Carlsbad Permits Needed for the Inns at Buena Vista Creek, a New
Hotel Development Project Located in the City of Oceanside, Along the
City of Carlsbad’s Northern Border South of State Route 78 and East of
Jefferson Street (Planning Case Nos. GPA 14-05/ZC 14-03/LCPA 14-
05/SDP 14-14/SUP 14-05/ HMP 14-03/MS 14-12 [DEV14058]
District: 1
Recommended Action
Hold a public hearing to:
1. Introduce an ordinance approving amendments to the citywide and local coastal
program zoning maps for the Inns at Buena Vista Creek project located in the City of
Oceanside, along the City of Carlsbad’s northern border (Exhibit 1)
2. Adopt a resolution approving a general plan amendment, local coastal program
amendment, minor site development plan, floodplain special use permit, habitat
management plan permit and minor subdivision for the Inns at Buena Vista Creek
project in the City of Oceanside, along the City of Carlsbad’s northern border (Exhibit 2)
Executive Summary
The applicant, Jenna Development, is seeking approvals from the City of Carlsbad for
discretionary permits associated with a new hotel development project, which is primarily
located within Oceanside, but subject site improvements extend into Carlsbad (see Exhibits 3
and 4). Within Oceanside, the project generally includes development of three hotel buildings
ranging from 50 to 75 feet in height with 426 total hotel rooms, a four-story parking garage
with 432 parking spaces, and a three-lane clear-span bridge spanning Buena Vista Creek.
Within the City of Carlsbad, the project’s site improvements consist of minor grading and
infrastructure improvements within a floodplain, minor improvements to the Shoppes at
Carlsbad ring road and parking lot to accommodate primary access to the hotel site, and minor
street improvements in Jefferson Street right of way. The project’s related site improvements in
Carlsbad require permits for the portions of the project within the city’s jurisdictional borders,
which includes a general plan amendment, zoning map change, local coastal program
amendment, minor site development plan, flood plain special use permit, habitat management
plan permit and a minor subdivision.
Oct. 19, 2021 Item #6 Page 1 of 109
Carlsbad Municipal Code Section 21.52.050(A) requires City Council approval of general plan
amendments and local coastal program amendments. Zone changes are adopted by ordinance,
and California Government Code Section 37100 dictates that only the legislative body has the
power to enact city ordinances. Additionally, when a development permit requires a decision
by the City Council, then all concurrently processed development permits must also be
considered as outlined in Carlsbad Municipal Code Section 21.54.040(C)(3).
Discussion
Project background
The Inns at Buena Vista Creek project site encompasses approximately 12.5 vacant acres at the
southeastern corner of state Route 78-Jefferson Street intersection and crosses both
jurisdictional borders of the City of Oceanside and the City of Carlsbad (see Exhibits 3 and 4).
The overall project site was once part of a larger commercial center envisioned for the area by
Hughes Investments. It included what is now the Shoppes at Carlsbad and the North County
Plaza. Access easements through the area were previously recorded, and development of the
site is subject to a 1982 agreement made with the California Department of Fish and Wildlife
and the California Coastal Commission, and must comply with certain conditions. The
conditions of the 1982 agreements included:
• Dredging spoils (approximately 85,000 cubic yards) from Buena Vista Lagoon shall be
deposited on the site
• A 1.2-acre parcel along Buena Vista Lagoon shall be dedicated to the Department of Fish
and Wildlife (mitigating 0.5-acre of biological impacts to wetlands)
• A 25-foot buffer from Buena Vista Creek shall be provided
• A single-pier bridge will be constructed to cross Buena Vista Creek
All the above conditions were met, with the exception that the bridge crossing was never
constructed, and no development occurred on the site.
In 2014, Jenna Development applied for the permits they need from the City of Carlsbad related
to the construction of the following in the City of Oceanside:
1. Three hotel buildings, ranging from 50 to 75 feet in height and totaling roughly 323,000
square feet, and accommodating a total of 426 hotel rooms
2. A one-story, 33-foot-tall, 4,000-square-foot pavilion building
3. A 432-space four-story parking structure fronting the State Route 78 eastbound onramp
4. A three-lane, clear-span type bridge, consisting of one inbound and two outbound lanes
over Buena Vista Creek. The bridge will connect at the Shoppes at Carlsbad’s ring road
on a northern parcel of land, which is located within the City of Oceanside’s jurisdiction,
but is owned by the City of Carlsbad and used for parking and freeway-oriented signage.
The clear span bridge is an improvement to a single-pier bridge discussed in the 1982
agreement, in that there is no pier located in the middle of the creek channel to
obstruct creek flow or impact aquatic habitat
According to the California Environmental Quality Act, the City of Oceanside is the lead agency
for the project, as the public agency with the principal responsibility for approving the hotel
development. The City of Carlsbad is the responsible public agency that has discretionary
approval power over any portion of the project under its jurisdiction. On July 27, 2020, the City
of Oceanside certified the environmental impact report (State Clearinghouse No. 2014061090),
Oct. 19, 2021 Item #6 Page 2 of 109
adopted the mitigation monitoring and reporting program and approved the proposed project.
The Carlsbad City Council Carlsbad is the decision-making body for the permits required for the
portion of the project within its jurisdiction (refer to Exhibit 4 for the delineated city
boundaries).
Project description
The portions of the overall development project that the City of Carlsbad is responsible for
primarily encompasses a parcel (APN 156-301-17) of approximately 2.66-acres located south of
the city’s jurisdictional boundary and east of Jefferson Street, along Buena Vista Creek and
directly adjacent to the southern edge of the Oceanside hotel development. The project also
involves 0.94-acres (APN 156-301-11) along the western edge of the specific plan boundary for
the Shoppes at Carlsbad, as well as right of way improvements to Jefferson Street from the
northside of the existing Buena Vista Creek bridge to the city’s northern boundary (see Exhibits
3 and 4).
Development permits associated with the City of Carlsbad’s jurisdiction are generally related to
land-use changes and a minor subdivision for open space purposes; improvements associated
with project access (vehicular, pedestrian, fire and utility/creek maintenance); realignment of
an existing sewer and storm drain line; improvements to an existing storm drain outlet in Buena
Vista Creek; water service; habitat impacts, restoration and wetland buffering along Buena
Vista Creek; and minor grading within a floodplain. The project is conditioned to pay habitat in-
lieu fees for impacts to 0.37 undisturbed acres (Habitat Management Plan Group F Habitat) and
is required to provide 0.12-acres of Diegan Coastal Sage Scrub (Habitat Management Plan
Group D Habitat) within the coastal zone as mitigation for its impacts to 0.06-acres onsite.
Vehicular access to the hotel development is being provided via two proposed points of entry.
The primary point, and most relevant to the City of Carlsbad development permits, is provided
from the Shoppes at Carlsbad ring road by way of an existing access easement extending north
from Monroe Street into the City of Oceanside, and from there northwest across Buena Vista
Creek. A new three-lane clear-span type bridge will be constructed within Oceanside’s
jurisdiction, extending from the northwest terminus of the ring road. The bridge will span
Buena Vista Creek to the southeast corner of the hotel development site. To accommodate
access, improvements to the ring road include the minor shifting of the two existing travel lanes
in the southeast direction to align with the proposed bridge entry and to accommodate
construction of a new pedestrian sidewalk extending along the ring road from the new bridge
south to the North County Transit District transit center.
Improvements to existing landscape island planters within the Shoppes at Carlsbad’s parking lot
also occur as a result of the new ring road alignment. Where trees can be accommodated, each
improved landscape island within the parking lot will receive two new 36-inch box-sized trees,
as well as new under canopy shrubbery, in accordance with the Westfield Carlsbad Specific
Plan. A total of eight parking stalls will be displaced from the existing shopping center’s
inventory of 6,103 spaces. A surplus of approximately 1,501 spaces exists within the shopping
center’s parking lot. These proposed improvements all occur within areas of existing
development.
A secondary point of ingress and egress is being provided in of Oceanside along the project’s
western boundary via a right-turn in/right-turn out only access to and from Jefferson Street
Oct. 19, 2021 Item #6 Page 3 of 109
south of the SR-78 eastbound on-ramp. Offsite right of way improvements include adding a
northbound travel lane on the east side of Jefferson Street for approximately 360 feet starting
from the northern end of the existing bridge span over Buena Vista Creek up to Jefferson
Street’s intersection with the State Route 78 eastbound on-ramp. A new pedestrian sidewalk
and bike lane is proposed on the west side of Jefferson Street extending north into Oceanside
up to Lagoon View Drive.
The 2.66-acre parcel (APN 156-301-17) south of the hotel development and north of Buena
Vista Creek is proposed to be subdivided into two parcels and redesignated entirely as open
space. A 28-foot-wide access road for emergency fire, utility and creek maintenance operations,
and pedestrian trail purposes is proposed to be constructed within this area closest to the hotel
development. The access road will be constructed of a Grasscrete foundation and planted with
bent grass and California field sedge to provide for a natural appearance amongst the
surrounding open space. Grasscrete is a cellular reinforced concrete system with voids created
by styrene forms.
The proposed access road is also designed to accommodate the continued access needs of
Carlsbad for future potential dredging and ongoing maintenance operations within the Buena
Vista Creek channel. Drainage improvements will include realignment and replacement of an
existing 42-inch storm drain line with a new 48-inch pipe that extends from State Route 78 and
outlets in Buena Vista Creek, including the replacement of the existing headwall/storm drain
outlet in the creek channel. Maintenance access from the Grasscrete access road to the storm
drain outlet in the creek channel is being provided by a proposed 20-foot-wide decomposed
granite all-weather access. Sewer improvements include realignment of an existing 30-inch
sewer line and reconnection at the Buena Vista Sewer Lift Station. Water service improvements
include adding a new 8-inch water line under the 28-foot-wide access road.
The Carlsbad Municipal Water District will provide public water service to the hotel
development project in Oceanside. Potable water service will be provided via a connection
from an existing system via a service area boundary adjustment and proposed annexation of
the project site into the CMWD service area. Water lines are proposed to be extended from
existing water mains in Jefferson Street and the Shoppes at Carlsbad shopping center ring road.
The developer is conditioned to submit an application and obtain approval from the Local
Agency Formation Commission to receive public water services from the CMWD. No additional
permits from the City of Carlsbad are required for this action.
General Plan amendment
A general plan amendment to Carlsbad’s General Plan Land Use Map is required to amend the
project site’s land use designation on APN 156-301-17 from Regional Commercial (R) to Open
Space (OS) to accommodate the proposed development’s habitat preservation, restoration and
wetland buffer areas.
Zone change
A zone change to Carlsbad’s City-wide Zoning Map is required to change the project site’s
zoning designation on APN 156-301-17 from General Commercial (C-2) to Open Space (OS) to
accommodate the proposed development’s habitat preservation, restoration and wetland
buffer areas.
Oct. 19, 2021 Item #6 Page 4 of 109
Local Coastal Program amendment
A local coastal program amendment to Carlsbad’s Local Coastal Program Land Use and Zoning
maps are required to amend the project site’s land use designation on APN 156-301-17 from
Regional Commercial (R) to Open Space (OS) and the project site’s zoning from General
Commercial (C-2) to Open Space (OS) to correspond with the proposed General Plan amendment
and zone change discussed above.
Minor site development plan
A minor site development plan is required to permit the minor improvements to the Shoppes at
Carlsbad ring road and parking lot to align with the project’s bridge entry and accommodate a
pedestrian connection to the North County Transit District’s transit center.
Floodplain special use permit
A floodplain special use permit is required to allow for proposed improvements to an existing
storm drain outlet in Buena Vista Creek and minor grading within the 100-year floodplain as
established by the Federal Emergency Management Agency and the City of Carlsbad’s Special
Flood Hazard Area.
Habitat Management Plan
A habitat management plan permit is required for implementation of mitigation, preservation
and management requirements for the project’s interface with Buena Vista Creek and
establishment of a wetland buffer according to Carlsbad’s Habitat Management Plan.
Minor subdivision
A minor subdivision is proposed to subdivide the 2.66-acre parcel (APN 156-301-17) located in
Carlsbad into two open space parcels (Parcels 3 and 4). The minor subdivision is part of a larger
four parcel tentative map covering the 12.5-acre project site and spanning both city
jurisdictions. Parcels 1 and 2 are within the City of Oceanside’s jurisdiction. Parcel 1 consists of
the hotel development site and Parcel 2 is an open space parcel along Buena Vista Creek. Parcel
3 (0.10-acres) and Parcel 4 (2.56-acres) are proposed as open space. The boundary line
separating Parcels 3 and 4 parallels the 100-foot-wide buffer extending from the jurisdictional
wetland delineation along Buena Vista Creek.
Planning Commission hearing
The Planning Commission considered the proposed project at a public hearing on July 7, 2021.
At the hearing, one member of the public asked to have their comments read into the record.
The discussion below summarizes the concerns raised.
• Final environmental impact report adequacy
Concerns were raised that the certified final environmental impact report did not
adequately evaluate greenhouse gas emissions. However, the lead agency, the City of
Oceanside, already certified the report that addresses the potential greenhouse gas
emissions-related impacts of the project, and where appropriate, recommended
measures to mitigate those impacts. A notice of determination was filed by the City of
Oceanside on August 3, 2020, and the final environmental impact report was never
appealed or challenged in court.
As lead agency under the California Environmental Quality Act, Oceanside is responsible
for ensuring that required mitigation measures related to greenhouse gas emissions are
Oct. 19, 2021 Item #6 Page 5 of 109
implemented. In general, Carlsbad, as the responsible agency, must accept the lead
agency’s environmental document as legally adequate. If a responsible agency believes
that the final report is not adequate for use by the responsible agency, the responsible
agency must:
1. Take the issue to court within 30 days after the lead agency files a notice of
determination
2. Be deemed to have waived any objection to the adequacy of the final report
3. Prepare a subsequent environmental impact report if permissible under section
15162 of the state guidelines
4. Assume the lead agency role as provided in CEQA Guidelines Section 15052(a)(3). A
subsequent or supplemental report can be prepared only as provided in CEQA
Guidelines Sections 15162 or 15163. None of the conditions described in CEQA
Guidelines Sections 15162 or 15163 have occurred and there is no evidence in the
record sufficient to rebut the presumption that the lead agency’s discussion and
analysis of greenhouse gas emissions was inadequate for the purposes of state
guidelines, which do not require an agency to reevaluate impacts or alternatives
already considered
• Local Coastal Programs compliance
Concerns have been raised that both the cities of Oceanside and Carlsbad did not
adequately evaluate compliance with their respective local coastal programs, with
emphasis on the hotel development’s visual impacts on the Buena Vista Lagoon. Staff
explained that due to complexities associated with overlapping coastal jurisdictions
(appeals and permit authority), both cities agreed to have the California Coastal
Commission issue a consolidated coastal development permit subsequent to each of the
city’s actions on the project. Through the consolidated permit, compliance with the
various local coastal programs policies are assigned to the commission, not the City of
Carlsbad in this case.
After questions and discussion, the Planning Commission voted to recommend approval of the
project (5-2, with Commissioners Lafferty and Kamenjarin voting no).
A full disclosure of the Planning Commission’s actions, and a complete description and staff
analysis of the proposed project is included in the attached minutes (Exhibit 8) and Planning
Commission staff report (Exhibit 7).
Options
1. Approve the proposed project, as recommended by the Planning Commission
Pros
• City would benefit from a gain in additional open space land along Buena Vista
Creek that includes restoration, preservation and conservation
• City and region would benefit from reduced flood potential to the site and
adjacent properties through implementation of new drainage improvements
• City would benefit from new pedestrian sidewalk along southbound Jefferson
Street extending from the north side of the Buena Vista Creek bridge to Lagoon
View Drive
Oct. 19, 2021 Item #6 Page 6 of 109
• Achieves objectives of the City of Carlsbad General Plan, Local Coastal Program,
Zoning Ordinance and the Westfield Carlsbad Specific Plan
• Nearby hotel development means the economy is doing better and demand for
visitor-serving uses is increasing in the area, which could benefit surrounding
commercial activities in the City of Carlsbad
Cons
• The hotels would bring new property tax, sales tax and transient occupancy tax
revenues to the City of Oceanside, but there is no tax benefit to Carlsbad.
Because of the size and location of the development involved, the project would
have a broad geographic impact and the city would likely experience negative
spillover effects, such as traffic, environmental programs, code enforcement,
fire, and police services, etc. Furthermore, the city would have to provide
substantially the same level of water services to the project as enjoyed
elsewhere in the city. There would be no funding mechanism or project-related
revenues to offset the development’s impact to municipal services.
2. Remand the project back to the Planning Commission for additional review
Pros
• Commission could resolve any issues or concerns the City Council might have
about design or analysis
Cons
• City Council must provide clear direction why project is being remanded and
what is expected from the Planning Commission
• Delays approval of the project
3. Deny the project
Pros
• The project provides no funding mechanism or project-related revenues to
Carlsbad. Although the Carlsbad portion of the project is relatively small in size,
the city could seek a higher and better use of land or negotiate a tax-sharing
agreement or alternate funding mechanism to offset the development’s impact
to municipal services
Cons
• City would not benefit from a gain in additional open space land along Buena
Vista Creek that includes restoration, preservation and conservation
• City and region would not benefit from reduced flood potential to the site and
adjacent properties through implementation of new drainage improvements
• City would not benefit from new pedestrian sidewalk along southbound
Jefferson Street extending from the north side of the Buena Vista Creek bridge to
Lagoon View Drive
• Objectives of the City of Carlsbad General Plan, Local Coastal Program, Zoning
Ordinance and the Westfield Carlsbad Specific Plan would not be achieved
• The property remains underutilized, and the exact nature of how or when the
commercial properties in the City of Oceanside will develop is unknown.
The Planning Commission and staff recommend Option 1, approving the project.
Oct. 19, 2021 Item #6 Page 7 of 109
Fiscal Analysis
All required improvements needed to serve this project will be funded by the developer, so
there is no cost to the city from this action.
Next Steps
The City Council’s next action will be the second reading of the ordinance. Following this action,
staff will submit an application for a local coastal program amendment to the California Coastal
Commission for review and consideration. During this period, the commission will also be
considering a consolidated local coastal program for development occurring within the City of
Oceanside, the City of Carlsbad and the commission’s jurisdiction. Following the commission’s
action, city staff will ensure that all project conditions are satisfied and that the project
complies with all applicable regulations and laws prior to issuance of development permits.
Environmental Evaluation
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 and mitigation monitoring and reporting program 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 environmental report. The report was assigned State Clearinghouse No. 2014061090 and
was prepared in accordance with state guidelines 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 environmental impact report and mitigation
monitoring and reporting program, none of the circumstances requiring further environmental
compliance under CEQA Guidelines Section 15163 exist and all feasible mitigation measures,
identified in the environmental impact report and mitigation monitoring and reporting program
that are appropriate to this phase of the project will be incorporated.
The approved, reports are on file for review at the Planning Division. They are also accessible on
the City of Oceanside’s website.
Public Notification and Outreach
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
The project is not subject to City Council Policy No. 84 – Development Project Public
Involvement Policy, because the application for the project was filed before the effective date
of the policy. Instead, the project complied with the early public noticing procedures that were
in effect at the time of the application.
Information regarding public notifications of this item such as mailings and public hearing
notices posted in a newspaper of general circulation and on the city’s website are available in
the Office of the City Clerk.
Exhibits
1. City Council ordinance
2. City Council resolution
Oct. 19, 2021 Item #6 Page 8 of 109
3. Location map
4. Illustrative site plan
5. Planning Commission Resolution No. 7418 (on file in the Office of the City Clerk)
6. Planning Commission Resolution No. 7419 (SDP et al.) (on file in the Office of the City Clerk)
7. Planning Commission staff report dated July 7, 2021 (on file in the Office of the City Clerk)
8. Planning Commission minutes dated July 7, 2021 (on file in the Office of the City Clerk)
Oct. 19, 2021 Item #6 Page 9 of 109
EXHIBIT 1
ORDINANCE NO. CS-407.
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/
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: 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 Attachment A (ZC 14-03 – Inns at Buena Vista Creek) and
Attachment B (LCPA 14-05 – Inns at Buena Vista Creek), 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 Attachment A and
Attachment B, 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.)
EXHIBIT 1
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
19th day of October 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
_____________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
PLAZACAMINOREALDYJEFFERSON STPLAZACAMINOREALDYJEFFERSON STZC 14-03 INNS AT BUENA VISTA CREEK
Exhibit "ZC 14-03"
EXISTING
PROPOSED
OS
OS
C-2 OS
OS
OS
C-2-Q
C-2 C-2
C-2-Q
O c e a n s i d e
O c e a n s i d e
July 7, 2021
From:To:
A. 156-301-17 C-2 / OS OS
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
Attachment A Page 1 of 1
Oct. 19, 2021 Item #6 Page 13 of 109
PLAZACAMINOREALDYJEFFERSON STPLAZACAMINOREALDYJEFFERSON STEXISTING
PROPOSED
OS
OS
C-2 OS
OS
OS
COASTAL ZONEBOUNDARY
COASTAL ZONEBOUNDARY
C-2-Q
C-2 C-2
C-2-Q
O c e a n s i d e
O c e a n s i d e
LCPA 14-05 (Zoning)INNS AT BUENA VISTA CREEK
Exhibit "LCPA 14-05"July 7, 2021
From:To:
A. 156-301-17 C-2 / OS OS
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
Attachment B Page 1 of 1
Oct. 19, 2021 Item #6 Page 14 of 109
RESOLUTION NO. 2021-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT TO CHANGE THE GENERAL PLAN AND
LOCAL COASTAL PROGRAM LAND USE DESIGNATIONS ON A 2.66-ACRE
PARCEL FROM REGIONAL COMMERCIAL (R) TO OPEN SPACE (OS), AND A
MINOR SITE DEVELOPMENT PLAN, FLOODPLAIN SPECIAL USE PERMIT,
HABITAT MANAGEMENT PLAN PERMIT AND MINOR SUBDIVISION TO 1)
SUBDIVIDE A 2.66 ACRE PARCEL INTO TWO OPEN SPACE PARCELS TO
CORRESPOND WITH A PROPOSED HABITAT RESTORATION/WETLAND BUFFER
AREA; 2) ALLOW FOR FIRE/MAINTENANCE/PEDESTRIAN ACCESS;
REALIGNMENT OF AN EXISTING STORM DRAIN LINE; IMPROVEMENTS TO
AN EXISTING STORM DRAIN OUTLET; REALIGNMENT OF AN EXISTING
SEWER LINE, ADDITION OF A NEW WATER SERVICE LINE; AND MINOR
GRADING WITHIN THE 100-YEAR FLOODPLAIN; 3) ALLOW FOR MINOR
IMPROVEMENTS TO THE SHOPPES AT CARLSBAD RING ROAD AND PARKING
LOT; AND 4) ALLOW FOR THE INCIDENTAL TAKE OF SPECIES OF CONCERN IN
ASSOCIATION WITH DEVELOPMENT OF AN APPROVED HOTEL 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:
CASE Nos.:
INNS AT BUENA VISTA CREEK
GPA 14-05/LCPA 14-05/SDP 14-14/SUP 14-05/
HMP 14-03/MS 14-12 (DEV14058)
EXHIBIT 2
WHEREAS, Jenna Development, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Crown Jewel Properties, LLC and the City of Carlsbad, "Owners,"
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; and
Lot 27 of Carlsbad Tract No. CT 76-18 (Plaza Camino Real Shopping
Center) in the City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 8956, filed in the Office of the County
Recorder of San Diego, County, August 11, 1978
(the Property), and in association with a hotel development project in the City of Oceanside (Project);
and
Oct. 19, 2021 Item #6 Page 15 of 109
WHEREAS, pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code
section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the
California Code of Regulations section 15000 et. seq., the City of Oceanside is the Lead Agency for the
Project, as the public agency with the principal responsibility for approving the Project. The City of
Carlsbad is the public agency (Responsible Agency), which has discretionary approval power over the
portion(s) of the Project under its jurisdiction; and
WHEREAS, such Project was the subject of an Final Environmental Impact Report (FEIR) entitled
"The Inns at Buena Vista Creek" (SCH No. 2014061090), prepared by the City of Oceanside as the Lead
Agency under CEQA, and the FEIR and related Mitigation Monitoring and Reporting Program was
adopted by the City Council of the City of Oceanside on July 27, 2020; and
WHEREAS, the City Council of the City of Carlsbad is the decision-making body for the portion
of the Project within its jurisdiction, to include a request for a General Plan and Local Coastal Program
land use amendment, minor site development plan, floodplain special use permit, habitat management
plan permit, minor subdivision, and site improvements as shown in Attachment A (GPA 14-05 -Inns
at Buena Vista Creek), Attachment B (LCPA 14-05 -Inns at Buena Vista Creek), and Attachment C (Inns
at Buena Vista Creek development plan) and incorporated herein by this reference as though fully set
forth herein; and
WHEREAS, under the authority of section 19.04.030 of the Carlsbad Municipal Code, the City
Planner has the responsibility to carry out the general administration of CEQA and CEQA Guidelines on
behalf of the city, including the process for a Responsible Agency (CEQA Guidelines section 15096). The
City Planner has carefully reviewed and considered all environmental documentation comprising the
FEIR, including the Draft EIR and the revisions and additions thereto, the technical appendices and
referenced documents, and the public comments and the responses thereto, and has found that the
Oct. 19, 2021 Item #6 Page 16 of 109
FEIR considers all potentially significant environmental impacts of the Project and is complete and
adequate, and fully complies with all requirements of CEQA and the CEQA Guidelines. The City Planner
is the custodian of documents and record of proceedings on which this decision was based, and those
records are available for inspection by any interested person; and
WHEREAS, the Planning Division of the Community Development Department completed its
review and scheduled a public hearing regarding the application before the Planning Commission for
July 7, 2021, at which interested persons were given the opportunity to appear and present their views
with respect to said proposed Project actions. Following the public hearing on July 7, 2021, the Planning
Commission adopted Resolution Nos. 7418 and 7419, which recommended that the City Council,
among other things, recommend approval of the Project; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said General Plan Amendment, Local Coastal Program Amendment, Minor Site Development Plan,
Floodplain Special Use Permit, Habitat Management Plan, and Minor Subdivision; 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 General
Plan Amendment, Local Coastal Program Amendment, Minor Site Development Plan, Floodplain
Special Use Permit, Habitat Management Plan, and Minor Subdivision.
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. That upon consideration of the Findings, all material in the October 19, 2021 City Council
staff report (a copy of which is on file with the Office of the City Clerk), public testimony presented at
the hearing, and all other oral and written evidence on this Project, this City Council approves the
Oct. 19, 2021 Item #6 Page 17 of 109
General Plan and Local Coastal Program land use amendment, minor site development plan, floodplain
special use permit, habitat management plan permit, minor subdivision, and site improvements as
depicted in Attachment A (GPA 14-05 -Inns at Buena Vista Creek), Attachment B (LCPA 14-05 -Inns
at Buena Vista Creek), and Attachment C (Inns at Buena Vista Creek development plan).
3. That the findings and conditions of the Planning Commission contained in Planning
Commission Resolution Nos. 7418 and 7419 on file with the City Clerk and incorporated herein by this
reference, are the findings and conditions of the City Council.
4. That concurrently with this resolution, the City Council is taking a nu_mber of actions in
furtherance of the Project, as generally described by the October 19, 2021 City Council staff report. No
single component of the series of actions made in connection with the Project shall be effective unless
and until it is approved by an ordinance or resolution and is procedurally effective in the manner
provided by state law. Therefore, this resolution shall become effective and operative only if the
companion City Council ordinance is approved; and effective and operative on the day immediately
subsequent to the date that ordinance becomes effective.
5. That this resolution authorizes city staff to file an application to the California Coastal
Commission to amend the Local Coastal Program. The approval of GPA 14-05 as shown on Attachment
A (GPA 14-05 -Inns at Buena Vista Creek), attached hereto and made a part hereof, shall not be in full
force and effect until LCPA 14-05 is approved by the California Coastal Commission and the California
Coastal Commission's approval becomes effective.
6. That this resolution authorizes city staff to file an application to the California Coastal
Commission to amend the Local Coastal Program. The approval of LCPA 14-05 as shown on Attachment
B, attached hereto and made a part hereof, shall not be in full force and effect until it is approved by
the California Coastal Commission and the California Coastal Commission's approval becomes effective.
Oct. 19, 2021 Item #6 Page 18 of 109
7. 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 19th day of October 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
Oct. 19, 2021 Item #6 Page 19 of 109
PLAZACAMINOREALDYJEFFERSON STPLAZACAMINOREALDYJEFFERSON STGPA 14-05 INNS AT BUENA VISTA CREEK
Exhibit "GPA 14-05"
EXISTING
PROPOSED
O c e a n s i d e
OS
OS
OS
R
OS
R
R
R
R
O c e a n s i d e
R
R
July 7, 2021
From:To:
A. 156-301-17 R / OS OS
Related Case File No(s): ZC 14-03 / LCPA 14-05 / SDP 14-14 SUP 14-05 / HMP 14-03 / MS 14-12
General Plan Land Use Designation Changes
Property
Attachment A Page 1 of 1
Oct. 19, 2021 Item #6 Page 20 of 109
PLAZACAMINOREALDYJEFFERSON STPLAZACAMINOREALDYJEFFERSON STINNS AT BUENA VISTA CREEK
EXISTING
PROPOSED
O c e a n s i d e
OS
OS
R
OS
OS
R
R
R
R
O c e a n s i d e
R
R
LCPA 14-05 (Land Use)
Exhibit "LCPA 14-05"
COASTAL ZONEBOUNDARY
COASTAL ZONEBOUNDARY
July 7, 2021
From:To:
A. 156-301-17 R / OS OS
Related Case File No(s): GPA 14-05 / ZC 14-03 / SDP 14-14 SUP 14-05 / HMP 14-03 / MS 14-12
LCPA Land Use Designation Changes
Property
Attachment B Page 1 of 1
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Exhibit 3
CITY OF CARLSBAD
CITY OF OCEANSIDE
APN 156-301-17
APN 156-301-11
Hotel Development Site Oct. 19, 2021Item #6 Page 71 of 109
Exhibit 4 Oct. 19, 2021Item #6 Page 72 of 109
EXHIBIT 5
Oct. 19, 2021 Item #6 Page 73 of 109
PLANNING 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 (LCPAND 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
Oct. 19, 2021 Item #6 Page 74 of 109
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-
Oct. 19, 2021 Item #6 Page 75 of 109
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-
Oct. 19, 2021 Item #6 Page 76 of 109
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-
Oct. 19, 2021 Item #6 Page 77 of 109
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-
Oct. 19, 2021 Item #6 Page 78 of 109
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-
Oct. 19, 2021 Item #6 Page 79 of 109
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
Oct. 19, 2021 Item #6 Page 80 of 109
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
Oct. 19, 2021 Item #6 Page 81 of 109
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
Oct. 19, 2021 Item #6 Page 82 of 109
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
Oct. 19, 2021 Item #6 Page 83 of 109
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."
Oct. 19, 2021 Item #6 Page 84 of 109
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:
Oct. 19, 2021 Item #6 Page 85 of 109
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
EXHIBITX
Dated July 7, 2021
BARBARA ENGLESON, City Clerk
(SEAL)
Oct. 19, 2021 Item #6 Page 86 of 109
zc 14-03
/.... -~-0
Ct)
$ If ~
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
Oct. 19, 2021 Item #6 Page 87 of 109
Exhibit "LCPA 14-05"
July 7, 2021
LCPA 14-05 (Zoning) INNS AT BUENA VISTA CREEK
A.
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
EXHIBIT 6
Oct. 19, 2021 Item #6 Page 88 of 109
PLANNING COMMISSION RESOLUTION NO. 7419
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR SITE
DEVELOPMENT PLAN, FLOODPLAIN SPECIAL USE PERMIT, HABITAT
MANAGEMENT PLAN PERMIT AND MINOR SUBDIVISION TO 1) SUBDIVIDE
A 2.66 ACRE PARCEL INTO TWO OPEN SPACE PARCELS TO CORRESPOND
WITH A PROPOSED HABITAT RESTORATION/WETLAND BUFFER.AREA; 2)
ALLOW FOR FIRE/MAINTENANCE/PEDESTRIAN ACCESS; REALIGNMENT
OF AN EXISTING STORM DRAIN LINE; IMPROVEMENTS TO AN EXISTING
STORM DRAIN OUTLET; REALIGNMENT OF AN EXISTING SEWER LINE,
ADDITION OF A NEW WATER SERVICE LINE; AND MINOR GRADING
WITHIN THE 100-YEAR FLOODPLAIN; 3) ALLOW FOR MINOR
IMPROVEMENTS TO THE SHOPPES AT CARLSBAD RING ROAD AND
PARKING LOT; AND 4) ALLOW FOR THE INCIDENTAL TAKE OF SPECIES OF
CONCERN IN ASSOCIATION WITH DEVELOPMENT OF AN APPROVED
HOTEL 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.: SOP 14-14/SUP 14-05/HMP 14-03/MS 14-12 (DEV14058)
WHEREAS, Jenna Development, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Crown Jewel Properties, LLC and the City of Carlsbad, "Owners,"
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 County, February 2, 1990;
and
Lot 27 of Carlsbad Tract No. CT 76-18 (Plaza Camino Real Shopping
Center) in the City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 8956, filed in the Office of the County
Recorder of San Diego County, August 11, 1978.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Minor Site Development Plan,
Floodplain Special Use Permit, Habitat Management Plan Permit, and Minor Subdivision as shown on
Exhibit(s) "A" -"WW" dated July 7, 2021, on file in the Planning Division SOP 14-14/SUP 14-05/HMP 14-
03/MS 14-12 -INNS AT BUENA VISTA CREEK, as provided by Chapters 20.24, 21.110 and 21.210 of the
Carlsbad Municipal Code and the Westfield Carlsbad Specific Plan (SP 09-01B); and
Oct. 19, 2021 Item #6 Page 89 of 109
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 persons desiring to be heard, said Commission considered all factors relating to the Minor Site
Development Plan, Floodplain Special Use Permit, Habitat Management Plan Permit, and Minor
Subdivision.
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 Commission
RECOMMENDS APPROVAL of SOP 14-14/SUP 14-05/HMP 14-03/MS 14-12 -INNS AT
BUENA VISTA CREEK, based on the following findings and subject to the following
conditions:
Findings:
California Environmental Quality Act
1. 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.
Minor Site Development Plan, SDP 14-14
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the minor improvements to the Shoppes at Carlsbad Ring Road and parking lot are consistent
PC RESO NO. 7419 -2-
Oct. 19, 2021 Item #6 Page 90 of 109
with the design guidelines and development standards of the Westfield Carlsbad Specific Plan,
and the addition of a proposed pedestrian sidewalk connection from the approved hotel
development project in Oceanside to the NCTD transit center and retail shops promote the use
of mass transit and encourage walkability.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the minor improvements to the Shoppes at Carlsbad Ring Road and parking lot
are designed to provide safe and efficient internal circulation for both pedestrians and vehicles,
and the project incorporates all of the applicable development standards of the Westfield
Carlsbad Specific Plan {SP 09-01B) to ensure compatibility of the project with its surroundings.
4. That all yards, setbacks, walls, fences, landscaping, and other_ features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the minor improvements to the Shoppes
at Carlsbad Ring Road and parking lot comply with all applicable development standards and
design guidelines of the Westfield Carlsbad Specific Plan (SP 09-01B), including the planting of
new landscaping and two (2) trees (minimum 36-inch box size) per parking lot end island where
being modified.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that pursuant to the Traffic Study prepared for the
project (RBF Consulting, March 2015), the roadway segments operate at an acceptable vehicle
level of service and does not significantly impact the street system. As it relates specifically to
this Minor Site Development Plan at hand, the project proposes sidewalk improvements along
the Shoppes at Carlsbad Ring Road to provide pedestrian connectivity from the hotel project to
the NCTD transit center and retail shops beyond. Additionally, the project proposes sidewalk
improvements along northbound Jefferson Street to Lagoon View Road to provide continuous
sidewalk from the project's frontage to Marron Road. For bicycling, the project also proposes
frontage improvements along northbound Jefferson Street to provide a continuous bike line to
Marron Road.
Floodplain Special Use Permit, SUP 14-05
6. The site is reasonably safe from flooding in that the proposed sewer, water and drainage
improvements, which are subterranean; and the proposed fire/maintenance/pedestrian
access, which are at-grade and follow the existing topography; are adequately flood-proofed;
will not cause obstructions and/or alteration to the existing flood course; and will not adversely
affect the public health, safety, or general welfare.
7. The project as proposed has been designed to minimize the flood hazard to the habitable portions
of the structure in that there are no habitable structures proposed by the project located within
the 100-year floodplain.
8. The proposed project does not create a hazard for adjacent or upstream properties or structures
in that the proposed sewer, water and drainage improvements are subterranean, while the
proposed fire/maintenance/pedestrian access is at-grade and follows the existing topography.
Additionally, pursuant to the Hydraulic Analysis prepared for the project {Hunsaker, March
2020), the proposed improvements will not increase the water surface elevations and/or
flooding of Buena Vista Creek.
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Oct. 19, 2021 Item #6 Page 91 of 109
9. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the proposed sewer, water and drainage
improvements are subterranean, while the proposed fire/maintenance/pedestrian access is at-
grade and follow the existing topography. Additionally, pursuant to the Hydraulic Analysis
prepared for the project {Hunsaker, March 2020), in both analyzed flow conditions (City and
FEMA), the downstream sections received no increase in the water surface elevations in
comparison of the proposed and existing creek conditions.
10. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-
year frequency in that pursuant to the Hydraulic Analysis prepared for the project {Hunsaker,
March 2020), the proposed project does not reduce the ability of Buena Vista Creek to convey
or handle the base flood of 100-year frequency, while protecting proposed structures and not
negatively impacting adjacent, upstream or downstream properties with levels of flooding
beyond what is currently existing.
11. The proposed project taken together with all the other known, proposed, and anticipated projects
will not increase the water surface elevation of the base flood more than one foot at any point in
that pursuant to the Hydraulic Analysis prepared for the project {Hunsaker, March 2020), it was
determined that the proposed project would not result in a water surface elevation or flooding
increase compared to the existing condition; and based on this analysis, adjacent, upstream,
and downstream properties would not be adversely affected by the proposed project with
respect to flooding.
Habitat Management Plan Permit, HMP 14-03
12. That the Inns at Buena Vista Creek project, as it specifically relates to the City of Carlsbad's
jurisdiction, is shown in Figure 28 of the approved HMP as a "Development Area".
13. That authorization to impact sensitive habitats through the removal of 0.06 acres of Diegan
coastal sage scrub {Group D), 0.02 acres of freshwater marsh and 0.01 acres of open water
{Group A) is subject to continuous compliance with all provisions of the Habitat Management Plan
for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued
for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take
Permit, and the Biological Opinion.
14. That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the project Mitigation Monitoring and Reporting Program
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 acting as Lead
Agency, including but not limited to recordation of conservation easements over all conserved
areas and management and monitoring in perpetuity by a qualified conservation entity.
15. That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
16. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities
related to construction and operation of the Inns at Buena Vista Creek project.
PC RESO NO. 7419 -4-
Oct. 19, 2021 Item #6 Page 92 of 109
17. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the
project Mitigation Monitoring and Reporting Program 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 acting as Lead Agency, provides measures adequate
to mitigate impacts to onsite habitat and includes appropriate erosion control.
18. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
19. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
20. That the City Planner is authorized to sign a Take Permit.
21. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the city's General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the city is essential to fund implementation of the city's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 0.37 acres of disturbed lands (Group F).
Minor Subdivision, MS 14-12
22. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the project implements the goals and
policies of the General Plan as discussed in the General Findings section below; and is consistent
with all applicable requirements of Titles 20 and 21.
23. That the proposed project is compatible with the surrounding future land uses since permanent
open space is a desired land use, particularly natural open space, as is proposed in conjunction
with the habitat restoration/wetland buffer adjacent to Buena Vista Creek.
24. That the site is physically suitable for the type and density of the development in that no
development beyond sewer, water and drainage improvements, proposed
fire/maintenance/pedestrian access, habitat restoration and wetland buffering is proposed on
PC RESO NO. 7419 -5-
Oct. 19, 2021 Item #6 Page 93 of 109
Parcels 3 and 4. Both parcels are designated as Open Space, which precludes any residential
development now or in the future.
25. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
26. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
27. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the subdivision of the property into two (2) parcels and the implementation of habitat
restoration on Parcel 4 will improve the habitat adjacent to Buena Vista Creek. Implementation
of the hotel development project and the EIR mitigation monitoring and reporting program will
result in the overall restoration of 1.29 acres of coastal sage scrub and 1.18 acres of
wetland/transitional riparian habitat on-site.
28. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the city's drainage standards and the project is conditioned to comply with the National
Pollutant Discharge Elimination System (NPDES) requirements.
General
29. 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. Land Use & Community Design. Enhance Carlsbad's character and image as a desirable
residential, beach and open-space oriented community (Goal 2-G.16): Habitat mitigation on
the project site includes creation and permanent preservation of sensitive wetland, riparian
and upland habitat within the Coastal Zone and adjacent to Buena Vista Creek. Portions of
Parcel 4 will be restored and permanently preserved as open space through biological
conservation easements. Proposed Parcels 3 and 4 will both be designated as Open Space.
b. Open Space & Conservation. Protect environmentally sensitive lands, wildlife habitats, and
rare, threatened or endangered plant and animal communities (Goal 4-G.3); and maintain and
implement the city's Habitat Management Plan (HMP), including the requirement that all
development projects comply with the HMP and related documents. Require assessments of
biological resources prior to approval of any development on sites with sensitive habitat
(Policy 4-P.9): As discussed above, the proposed habitat mitigation entails the creation and
permanent preservation of sensitive wetland, riparian and upland habitat adjacent to
Buena Vista Creek. The project also enhances the overall biological value of the area
between the hotel development and adjacent to the creek and will furthermore assist in
maintaining a functional wildlife corridor and habitat linkage along Buena Vista Creek.
Impacts to 0.06 acres of Diegan Coastal Sage Scrub (Habitat Group C), where located within
the Coastal Zone, will be mitigated at a 2:1 ratio (0.12-acres) and impacts to 0.37-acres of
PC RESO NO. 7419 -6-
Oct. 19, 2021 Item #6 Page 94 of 109
Disturbed Land (Habitat Group F} will be satisfied through payment of an in-lieu fee. Final
design of the project and reduced wetland buffer was reached with involvement and input
by the Wildlife Agencies and CCC.
c. Open Space & Conservation. Ensure that the improvements recommended for open space
areas are appropriate for the type of open space and the use proposed. No improvements
(excluding necessary infrastructure) shall be made in environmentally sensitive areas, except
to enhance the environmental value of the areas (Policy 4-P.11): The proposed infrastructure
improvements proposed within the Open Space parcels are necessary for access and the
continued maintenance of Buena Vista Creek channel and the drainage outfall for SR-78.
The proposed infrastructure improvements are located outside of future conservation
easement areas.
d. Open Space & Conservation. Require developments to incorporate structural and non-
structural best management practices (BMPs) to mitigate or reduce the projected increases
in pollutant loads. Do not allow post-development runoff from a site that would cause or
contribute to an exceedance of receiving water quality objectives or has not been reduced to
the maximum extent practicable (Policy 4-P.58): The project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff,
pollutants, and soil erosion.
30. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
31. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
32 . This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
33. 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;
PC RESO NO. 7419 -7-
Oct. 19, 2021 Item #6 Page 95 of 109
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 Minor Site Development
Plan, Floodplain Special Use Permit, Habitat Management Plan Permit, and Minor Subdivision.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan, Floodplain Special Use Permit, Habitat
Management Plan Permit, and Minor Subdivision 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 provisions 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
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 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.
6. 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 Minor Site Development Plan, Floodplain Special Use
Permit, Habitat Management Plan Permit, and Minor Subdivision, (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.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Parcel
Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions
approved by the final decision making body. The copy shall be submitted to the City Planner,
reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no
changes were required, the approved exhibits shall fulfill this condition.
8. 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.
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Oct. 19, 2021 Item #6 Page 96 of 109
9. This approval is granted subject to the approval of GPA 14-05, ZC 14-03, LCPA 14-05, and is subject
to all conditions contained in Planning Commission Resolutions No . 7418 for those other
approvals incorporated herein by reference.
10. Any permit or approval granted pursuant to this title becomes null and void if not exercised
within two years of the date of the Coastal Commission approval; however, permits or
approvals which are issued in conjunction with a tentative map or tentative parcel map, shall
not expire sooner than the approved tentative map or tentative parcel map. The permit or
approval may be extended pursuant to Section 21.58.040.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
12. Prior to the issuance of a grading permit, Developer shall submit to the city a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office
of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Minor Site Development
Plan, Floodplain Special Use Permit, Habitat Management Plan Permit and Minor Subdivision
by Resolution(s) No. 7419 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of approval
as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The
City Planner has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in interest.
13. Developer shall apply for and obtain approval of a Coastal Development Permit issued by the
California Coastal Commission or its successor in interest, that substantially conforms to this
approval. A signed copy of the Coastal Development Permit must be submitted to the City
Planner. If the approval is substantially different, an amendment to SDP 14-14, SUP 14-05, HMP
14-03 and MS 14-12 shall be required.
14. Prior to final map approval, or issuance of a grading permit or clearing of any habitat, whichever
occurs first, the Developer shall take all of the following actions to the satisfaction of the City
Planner in relation to the open space lot(s) which are being conserved for natural habitat in
conformance with the city's Habitat Management Plan:
a. Select a conservation entity, subject to approval by the city, that possesses qualifications to
manage the open space lot(s) for cons.ervation purposes.
b. Prepare a Property Analysis Record (PAR) or other method acceptable to the city for
estimating the costs of management and monitoring of the open space lot(s) in perpetuity in
accordance with the requirements of the North County Multiple Habitats Conservation Plan
and the city's Open Space Management Plan.
c. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the City Planner and conservation entity, if any, in an amount
sufficient for management and monitoring of the open space lot(s) in perpetuity.
PC RESO NO. 7419 -9-
Oct. 19, 2021 Item #6 Page 97 of 109
d. Record a Conservation Easement over the open space lot(s).
e. Prepare and obtain approval of the City Planner, CDFW, USFWS and Coastal Commission staff
for a Preserve Management Plan which will ensure adequate management of the open space
lot(s) in perpetuity.
15. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the city's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the city has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP) for impacts to 0.37 acres of disturbed lands (Habitat
Group F). If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent
with the Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
16. Prior to approval of the final map, the Developer shall: 1) consult with the United States Fish and
Wildlife Service {USFWS) regarding the impacts ofthe Project; and 2) obtain any permits required
by the USFWS.
17. If a grading permit is required, all grading activities are prohibited from (February 1st for
gnatcatcher or March pt for vireo) to (September 15th for gnatcatcher or October 1st for vireo). All
erosion control measures must be installed prior to the initial grading. Any grading extensions into
the grading prohibition period must receive written approval of the City Engineer and the
responsible wildlife agencies {California Department of Fish and Wildlife/United States Fish and
Wildlife Service).
18. As a condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements of the
environmental documents for the project. Pursuant to Government Code section 65871 and
Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a
conservation easement over all onsite and offsite mitigation areas and the onsite open space lot
for the conservation, protection, and management of fish, wildlife, native plants and the habitat
with the City's adopted Habitat Management Plan.
19. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI-
Shapefile format registered to NAO 83 California State Plane Coordinate System Zone 6 (FIPS 406),
US Survey Feet. The City Planner has the discretion to waive this condition based on factors such
as the scope of the study and the format in which the exhibits were prepared.
20. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
PC RESO NO. 7419 -10-
Oct. 19, 2021 Item #6 Page 98 of 109
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
22. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application or any transfer in ownership of the site.
Engineering:
General
23. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
24. Developer shall prepare, submit and process for city engineer approval a final parcel map to
subdivide this project. There shall be _one final parcel map recorded for the portion of this project
within the City of Carlsbad. Parcel 3 and 4 shall be renumbered Parcel 1 and 2, respectively on
the final parcel map. Developer shall pay the city standard map review plan check fees.
25. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements located within this City of Carlsbad subdivision {Parcel 3 and 4) and those City of
Carlsbad access easements within City of Oceanside, including but not limited to private
emergency and creek maintenance access road, private storm drain facilities including
permanent storm water quality, retaining walls, fencing, and bridge abutments, and related all
weather access road to said drainage facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this subdivision.
The instrument shall include provisions for shared maintenance cost for private improvements
in Ring Road such as sidewalk, curb and gutter, asphalt paving, and storm drain facilities. The
instrument shall demonstrate that said mentioned facilities are included amongst the shared
maintenance, repair, and replacement costs with the owners of Parcel 1 and 2 of the related
adjacent subdivision map within the City of Oceanside.
26. The developer shall not obstruct the City of Carlsbad's creek maintenance access roads during
the construction of the development. If a temporary obstruction is to occur to facilitate the
construction of the development including construction of the access roads, the developer
and/or contractor shall provide to Public Works Engineering Manager, a notice 14 days in
advance of when the obstruction is to occur.
27. The Developer shall submit to the City of Carlsbad for review and approval of any grading and
improvements on City-owned property within the City of Oceanside jurisdiction prior to
approval of off-site grading by the property owner {City of Carlsbad).
Fees/ Agreements
PC RESO NO. 7419 -11-
Oct. 19, 2021 Item #6 Page 99 of 109
28. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
29. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
30. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
31. Developer shall cause property owner to enter into Buena Vista Creek Maintenance Agreement
to address any additional maintenance expenses caused by the development and ensure all
creek maintenance access roads are maintained and unobstructed in perpetuity.
Grading
32. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule. The grading permit shall be issued
concurrently with the City of Oceanside grading permit.
33. This project requires off site grading, including outside the City of Carlsbad jurisdiction. No
grading for private or public improvements shall occur on said land(s) outside the project unless
developer obtains, records, and submits a recorded copy, to the city engineer, a temporary
grading, construction or slope easement or agreement from the owners of the affected
properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
34. Prior to the issuance of a grading permit, Developer shall obtain approval of a Conditional Letter
of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) for any
grading within the regulatory floodplain. Prior to completion of grading and final inspection
approval, Developer shall obtain approval of a Letter of Map Revision (LOMR) from FEMA.
Storm Water Quality
35. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
36. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established
PC RESO NO. 7419 -12-
Oct. 19, 2021 Item #6 Page 100 of 109
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SW PPP plan review and inspection fees per the city's latest fee schedule.
37. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedication/Improvements
39. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for sewer, creek maintenance access, and emergency access, purposes as shown on
the tentative map. The offers shall be made by separate recorded documents with the exception
of drainage easement "I" as shown on the vesting tentative parcel map which may be dedicated
on the City of Carlsbad parcel map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to be
rededicated. Additional easements may be required at final design to the satisfaction of the city
engineer.
40. Developer shall cause owner to dedicate to Carlsbad Municipal Water District an easement for
water purposes along Ring Road. The offers shall be made by a separate recorded document.
Developer shall pay all fees associated with the processing of the easement dedication.
41. The Developer shall provide proof that the 25-foot restricted development easement
dedication to the California Coastal Commission as shown under easement 'D' of the vesting
tentative parcel map has been granted to the satisfaction of the California Coastal Commission.
42. The Developer shall provide proof that the sewer easement dedication granted to Vista
Sanitation District and Encina Wastewater Authority as shown under easement 'C' of the
vesting tentative parcel map has been granted to the satisfaction of Vista Sanitation District
and Encina Wastewater Authority.
43. The Developer shall provide proof that the emergency access easement dedication granted to
the City of Oceanside as shown under easement 'A' of the vesting tentative parcel map has
been granted to the satisfaction of the City of Oceanside.
44. The Developer shall provide proof that the slope and drainage easement granted to the State
of California per Instrument No. 37628 on March 1, 1971 has been vacated to the satisfaction
of the State of California.
45. The Developer shall cause owner to quitclaim and/or vacate easements to the City of Carlsbad
described under sewer pipeline easements 'A' and 'D', and creek maintenance access easement
PC RESO NO. 7419 -13-
Oct. 19, 2021 Item #6 Page 101 of 109
'I', 'J' and 'K' as shown on sheet C-2 of the vesting tentative tract map by separate instrument.
Developer shall pay all fees associated with the processing the quitclaim and/or vacation of
easements.
46. Developer shall also provide proof that the easement 'A' and 'D' dedications to the Vista
Sanitation District have been vacated to the satisfaction of the District.
47. Developer shall design the private streets, as shown on the tentative map within the City of
Carlsbad jurisdiction and easements to the satisfaction of the city engineer. The structural
section of all private streets shall conform to City of Carlsbad Standards based on R-value tests.
All private streets shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private streets.
48. Developer shall design the private drainage systems, as shown on the site plan within the City of
Carlsbad jurisdiction and easements to the satisfaction of the city engineer. All private drainage
systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay
the standard improvement plan check and inspection fees for private drainage systems.
49. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
50. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. Said improvements shall be installed to city standards
to the satisfaction of the city engineer. These improvements include, but are not limited to:
a. Curb and gutter
b. Sidewalk
c. Pedestrian ramps
d. Retaining walls
e. Asphalt concrete pavement and base
f. Striping
g. Curb median
h. Potable and reclaimed water lines
i. Emergency access and creek maintenance access
j. Guard rail next to right turn lane on Jefferson Street, if applicable (include analysis with
application).
k. Public storm drain
PC RESO NO. 7419 -14-
Oct. 19, 2021 Item #6 Page 102 of 109
I. Public sewer
m. All improvements in Ring Road
On the City of Carlsbad public improvement plans, include all public improvements on city
owned land (Lot 27 of Tract 8956), within City of Carlsbad right-of-way and within existing and
proposed City of Carlsbad and/or Carlsbad Municipal Water District easements located in both
the City of Carlsbad and City of Oceanside. In addition, plot transitional public improvements
to be constructed in the City of Oceanside by separate jurisdictional permit. Right-of-way
permit for construction of said Carlsbad public improvements shall not be issued until proof of
approval of construction plans for transitional improvements is granted by the City of
Oceanside, subject to the satisfaction of the City of Carlsbad City Engineer. Developer shall pay
the standard improvement plan check and inspection fees in accordance with the fee schedule.
Improvements listed above shall be constructed within 36 months of approval of the subdivision
or development improvement agreement or such other time as provided in said agreement.
51. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles within the City of Carlsbad jurisdiction and easements with a traffic index of 5.0 in
accordance with city standards due to truck access through the parking area and/or aisles with
an ADT greater than 500. Prior to completion of grading, the final structural pavement design of
the aisle ways shall be submitted together with required R-value soil test information subject to
the review and approval of the city engineer.
52. Developer shall provide all-weather maintenance access roads to Buena Vista Creek for this
project to the satisfaction of the city engineer. Where maintenance access roads are not practical
and/or permitted, developer shall incorporate low-maintenance design features to the
satisfaction of the city engineer.
Non-Mapping Notes
53. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public improvements shown
on the tentative map. These improvements include, but are not limited to:
i. Curb and gutter
ii. Sidewalk
iii. Pedestrian ramps
iv. Retaining walls
v. Asphalt concrete pavement and base
vi. Striping
vii. Curb median
viii. Potable and reclaimed water lines
ix. Emergency access and creek maintenance access
x. Guard rail next to right turn lane on Jefferson Street, if applicable (include analysis
with application).
xi. Public storm.drain
xii. Public sewer
xiii. All improvements in Ring Road
PC RESO NO. 7419 -15-
Oct. 19, 2021 Item #6 Page 103 of 109
Utilities
b. Geotechnical Caution:
i. Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
ii. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
c. The owner of this property on behalf of itself and all of its successors in interest has agreed
to hold harmless and indemnify the City of Carlsbad from any action that may arise through
any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in the
city approved development plans.
54. Developer shall cause the annexation of the property within the City of Oceanside to Carlsbad
Municipal Water District for public water services. Developer shall submit, a complete
application and obtain approval from the Local Agency Formation Commissions (LAFCO) to
annex for public water services from the Carlsbad Municipal Water District in the City of
Oceanside boundary. Developer shall pay all applicable fees for processing and annexation.
55. Developer shall cause the property owner to record a deed restriction, or other such document
approved by the City placing owners and future owner's on notice that the property including
the property located in the City of Oceanside is located adjacent to a wastewater pump station
and some odors are expected.
56. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
57. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
58. The developer shall submit a detailed potable water study, prepared by a registered engineer that
identifies the peak demands of the project (including fire flow demands). The study shall identify
velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer prior to approval of the improvement plans.
59. The developer shall submit a detailed recycled water study, prepared by a registered engineer
that identifies the peak demands of the project. The study shall identify velocity in the main lines
and the required pipe sizes. Said study shall be submitted concurrently with the improvement
PC RESO NO. 7419 -16-
Oct. 19, 2021 Item #6 Page 104 of 109
plans for the project and the study shall be prepared to the satisfaction of the district engineer
prior to approval of the improvement plans.
Code Reminders:
60. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
61. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code .
62. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
PC RESO NO. 7419 -17-
Oct. 19, 2021 Item #6 Page 105 of 109
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them,
you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7419 -18-
Exhibit 7
Oct. 19, 2021 Item #6 Page 106 of 109
.
PLANNING COMMISSION
M. 1nutes
City Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
July 7, 2021
CALL TO ORDER: 3 p.m.
ROLL CALL: Kamenjarin, Lafferty, Luna, Meenes, Merz, Sabellico, and Stine
APPROVAL OF MINUTES:
Motion by Commissioner Luna, seconded by Chair Meenes, to approve the June 2, 2021 minutes. Motion
carried 6/0/1 (Commissioner Lafferty abstained).
Motion by Commissioner Lafferty, seconded by Commissioner Stine, to approve the June 16, 2021
minutes as amended. Motion carried 7/0.
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA:
None
PLANNING COMMISSION PUBLIC HEARING:
Chair Meenes directed everyone's attention to the slide on the screen to review the procedures the
Commission would be following for that evening's public hearing.
Chair Meenes opened the public hearing for Item 1.
1. CDP 2020-0024/SDP 2020-0002 (DEV2020-0130)-TOYOTA CARLSBAD -Request for approval of a
Coastal Development Permit and Site Development Plan for the demolition of the existing
dealership buildings and the construction of a new 24,381 square-foot automobile dealership,
located on a 2.93-acre lot at 5424 Paseo del Norte, within the Car Country Carlsbad Specific Plan (SP
19(J)), the Mello II Segment of the local Coastal Program and Local Facilities Management Zone 3.
The project site is not located within the appealable area of the California Coastal Commission. The
City Planner has determined that this project belongs to a class of projects that the State Secretary
for Resources has found do not have a significant impact on the environment, and is therefore
categorically exempt from the requirement for the preparation of environmental documents
pursuant to section 15332 -In-fill Development Projects of the state CEQA guidelines
City Planner Neu introduced Agenda Item 1 and stated Associate Planner Danna would make the staff
presentation (on file in the Planning Division).
DISCLOSURES:
Commissioners Lafferty, Stine, Luna, Sabellico, Merz, and Meenes disclosed they have been by the site.
Chair Meenes asked if there were any members of the public who wished to speak on the project. Seeing
none, he opened and closed public testimony at 3:34 p.m.
Oct. 19, 2021 Item #6 Page 107 of 109
Planning Commission Minutes July 7, 2021 Page 2
COMMISSION DISCUSSION:
Commissioner Stine asked about available visitor parking at the site.
ACTION:
Motion by Commissioner Stine, seconded by Commissioner Luna, to adopt Resolution No. 7420. Motion
carried, 7 /0.
2. GPA 14-05/ZC 14-03/LCPA 14-05/SDP 14-14/SUP 14-05/HMP 14-03/MS 14-12 (DEV14058) -
INNS AT BUENA VISTA CREEK -Request for a recommendation of approval for a General Plan
Amendment, Zone Change, and Local Coastal Program Amendment to change the land use on
a 2.66-acre property from Regional Commercial (R) to Open Space (OS) and to change the
zoning from General Commercial (C-2) to Open Space (OS); and a recommendation of approval
for a Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan
Permit and Minor Subdivision to subdivide a 2.66-acre parcel into two open space parcels for
habitat restoration/wetland buffer; and to allow for 1) the realignment and improvement of an
existing storm drain line and outlet, 2) the realignment of an existing sewer line, 3) the addition
of new water service line; 4) minor grading within a floodplain; 5) minor improvements to the
Shoppes at Carlsbad Ring Road and parking lot, and 6) the incidental take of species of concern
in association with the development of a hotel 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.
This project is located within the appeals area and the decision may be appealed to the
California Coastal Commission. 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 and assigned State Clearinghouse No.
2014061090.
City Planner Neu introduced Agenda Item 2 and stated Senior Planner Goff would make the staff
presentation (on file in the Planning Division).
DISCLOSURES:
Commissioners Meenes, Stine, Luna, Merz, Kamenjarin, Sabellico, and Lafferty disclosed they have driven
by the site.
The applicant team gave a pre-recorded presentation on the project (on file in the Planning Division).
PUBLIC COMMENTS:
Chair Meenes asked if there were any members of the public who wished to speak on the project. He
opened public testimony at 4:53 p.m.
Diane Nygaard, on behalf of Preserve Calavera, submitted comments concerning the GHG emissions from
vehicle trips that the hotel development project will create. She stated she would like to see additional
climate action mitigation efforts from the developer and understands the lead agency is the City of
Oceanside.
Oct. 19, 2021 Item #6 Page 108 of 109
Planning Commission Minutes July 7, 2021 Page 3
Chair Meenes asked if there were any additional members of the public who wished to speak on the
project. Seeing none, he closed public testimony at 4:55 p.m.
COMMISSION DISCUSSION:
Commissioner Lafferty shared concerns that the current EIR for the creek maintenance does not take into
account that the type of maintenance needed for the creek will potentially change once the proposed
project is built. She stated she would like to see additional conditions added to cover the maintenance.
Senior Planner Goff gave a brief overview of the creek maintenance procedures and advised the EIR is
routinely updated and certified to ensure adequate maintenance is conducted.
City Planner Neu added that with the EIR being a separate CEQA document it could be problematic in
creating conditions outside the EIR. He stated the efforts to maintain the creek channel would best be
accomplished by keeping it separate from the conditions of approval of the subject project.
Commissioner Stine asked what benefits the proposed project will bring to the City of Carlsbad .
Members of the applicant team shared that parts of the wildland buffer will be restored, economic
benefits will result from hotel guests dining and shopping in city limits, a proper road for creek
maintenance will be built for channel maintenance.
Commissioners Stine, Sabellico, and Chair Meenes, acknowledged that the benefits of the proposed
project could have a positive effect on the economy of the city and the environmental benefits will
enhance the habitat management of the area.
Commissioner Luna stated she is comfortable with the conditions of approval and supports the approval.
Commissioner Merz stated the piece of land within the city boundaries is going to be put to good use and
supports the project.
Commissioner Kamenjarin stated the liabilities, trouble and maintenance that the proposed project would
cause on the City of Carlsbad do not outweigh the potential economic benefits. He stated he would be
opposed at this time.
Commissioner Lafferty stated the conditions do not properly address the creek maintenance; and the
actual maintenance needed once the project is built is unknown. She stated she cannot support the
project unless a condition was added to address the creek maintenance somehow. She also stated
concern that the project does not integrate an interactive experience with the creek.
ACTION:
Motion by Commissioner Luna, seconded by Chair Meenes, to adopt Resolution No's. 7418 & 7419.
Motion carried, 5/2 (Commissioners Kamenjarin and Lafferty no).
PLANNING COMMISSION REPORTS/COMMENTS:
Commissioner Lafferty gave the commission a brief update on the next Historic Preservation meeting.
CITY PLANNER REPORTS:
Oct. 19, 2021 Item #6 Page 109 of 109
Planning Commission Minutes July 7, 2021 Page4
City Planner Neu gave a brief update on the status of the Housing Element.
CITY ATTORNEY REPORTS:
None
Commissioner Kamenjarin requested that the start time of the Planning Commission be added to the next
agenda for a discussion.
ACTION:
Motion by Commissioner Kamenjarin, seconded by Commissioner Luna to add discussion of amending the
Planning Commission procedures to change the start time of meetings to the next agenda. Motion carried
4/3 (Commissioners Meenes, Merz, and Sabellico no).
ADJOURNMENT:
Chair Meenes adjourned the duly noticed meeting at 5:53 p.m.
~ f\J\.,,)..d _) A ~
Melissa Flores -Minutes Clerk
Inns at Buena Vista Creek
Jason Goff, Senior Planner
Community Development
October 19, 2021
GPA 14-05/ZC 14-03/SDP 14-14/HMP 14-03/MS 14-12
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LEGISLATIVE ACTIONS
•General Plan Amendment
•Local Coastal Program Amendment
•Zone Change
ITEM 6: INNS AT BUENA VISTA CREEK
1111111
('city of
Carlsbad
CARLSBAD ENTITLEMENTS
•Improvements associated with project access
•Utility/creek maintenance
•Realignment/improvements of exiting sewer
and storm drainage systems
ITEM 6: INNS AT BUENA VISTA CREEK
C cityof
Carlsbad
CARLSBAD ENTITLEMENTS
•Water service
•Restoration and wetland buffering along
Buena Vista Creek
•Minor grading within a floodplain
ITEM 6: INNS AT BUENA VISTA CREEK
C cityof
Carlsbad
PROJECT CONSISTENCY
•General Plan
•Zoning
•Westfield Carlsbad Specific Plan
•Growth Management
•California Environmental Quality Act (CEQA)
ITEM 6: INNS AT BUENA VISTA CREEK
C cityof
Carlsbad
PLANNING COMMISSION ACTION
July 7, 2021 public hearing:
•Staff presented the project
•Public comments were received
•Staff addressed questions pertaining to:
-Final EIR
-Local Coastal Program
ITEM 6: INNS AT BUENA VISTA CREEK
1111111
C cityof
Carlsbad
EIR ADEQUACY
•City of Oceanside certified the Final EIR
•August 3, 2020 -Notice of Determination filed
•Final EIR never appealed/challenged in court
ITEM 6: INNS AT BUENA VISTA CREEK
LOCAL COASTAL PROGRAM
•Oceanside and Carlsbad agreed to a
consolidated CDP
•California Coastal Commission is the
decision maker
ITEM 6: INNS AT BUENA VISTA CREEK
PLANNING COMMISSION ACTION
July 7, 2021 public hearing:
•All 7 Planning Commissioners present
•Planning Commission recommended
approval (5-2-0)
ITEM 6: INNS AT BUENA VISTA CREEK
1111111
C cityof
Carlsbad
RECOMMENDED ACTIONS
Introduce the ordinance and approve the resolution
authorizing the changes and development as described
in the staff report.
ITEM 6: INNS AT BUENA VISTA CREEK
('city of
Carlsbad
BACK-UP SLIDES
ITEM 6: INNS AT BUENA VISTA CREEK
C cityof
Carlsbad
1
2
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HIGHWAY 78
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Access Road/TrailSewer & Storm
Drain Line
Realignments
Storm Drain Outfall Improvements
(N) Water Line
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MINOR SUBDIVISION
Parcel 3 –0.10 acres
Parcel 4 –2.56 acres
100 ft –wetland buffer
Existing: R/OS
Proposed: OS
Existing
Proposed
GENERAL PLAN
AMENDMENTn s i
Propose
anside ---------
Existing: C-2/OS
Proposed: OS
Existing
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ZONE CHANGEceanside
I Proposed I
n side -
Existing: R/OS
Proposed: OS
Existing
Proposed
LCP LAND USE
AMENDMENTn s i
Propose
anside ---------
LCP Zone
Change
Existing: C-2/OS
Proposed: OS
Existing
Proposed
LCP ZONE
CHANGEceanside
Proposed
n side -
OS
23
OFF-SITE ROW
IMPROVEMENTS
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