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Home My WebLink About2021-11-02; City Council; ; Adoption of Ordinance No. CS-407 – Inns at Buena Vista CreekMeeting Date: Nov. 2, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 760-434-5989 Subject: Adoption of Ordinance No. CS-407 – Inns at Buena Vista Creek Districts: All Recommended Action Adopt Ordinance No. CS-407 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. Executive Summary/Discussion Ordinance No. CS-407 was introduced and first read at the City Council meeting held on Oct. 19, 2021. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the City Council voted 5-0 to introduce Ordinance No. CS-407. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. This ordinance will become effective within the Coastal Zone thirty days after its adoption or upon Coastal Commission approval, whichever occurs later. 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 Clerk will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption 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 Nov. 2, 2021 Item #8 Page 1 of 7 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 a 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. Public Notification This item was noticed 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. Exhibits 1. Ordinance No. CS-407 Nov. 2, 2021 Item #8 Page 2 of 7 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) EXHIBIT 1 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." Nov. 2, 2021 Item #8 Page 3 of 7 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.) Nov. 2, 2021 Item #8 Page 4 of 7 PLAZACAMINOREALDYJEFFERSON STPLAZACAMINOREALDYJEFFERSON STZC 14-03 INNS AT BUENA VISTA CREEK 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 "ZC 14-03"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 Nov. 2, 2021 Item #8 Page 6 of 7 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 "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 Nov. 2, 2021 Item #8 Page 7 of 7