HomeMy WebLinkAbout2021-10-19; City Council; Resolution 2021-240RESOLUTION 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
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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
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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
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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.
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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.
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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
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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
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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