HomeMy WebLinkAbout2021-12-01; Planning Commission; Resolution 7433PLANNING COMMISSION RESOLUTION NO. 7433
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM TO DEMOLISH A 10,600-SQUARE-FOOT OFFICE
BUILDING AND CONSTRUCT A 3,932-SQUARE-FOOT CHICK-FIL-A
RESTAURANT ON TWO PROPERTIES (APNS 210-170-08, -09) TOTALING
0.89 ACRES AT 5850 AVENI DA ENCINAS, WITHIN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: CHICK-FIL-A
CASE NO.: GPA 2019-0001/ZC 2019-0001/LCPA 2O19-
0002/ AMEND 2019-0004/AMEND 2021-0011/CUP 2021-0017 /CDP 2019-
0007 (DEV 2018-_01_7_7~---------------
WHEREAS, CHICK-FIL-A, "Applicant," has filed a verified application with the City of
Carlsbad, Planning Case No. DEV 2018-0177, constituting a land use development request to demolish a
10,600 square foot office building and construct a 3,932 square foot restaurant on all that is real property
owned by PALOMAR AND CO., A GENERAL PARTNERSHIP, "Owner," described as
PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 13955, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO, SEPTEMBER 16, 1985 AS INSTRUMENT NO. 85-340585
OF OFFICAL RECOREDS.
("the Property"); and
WHEREAS, the application was submitted to, and processed by, the Planning Division
of the Community Development Department in accordance with the rules and regulations of the
Carlsbad Municipal Code and the applicable procedures and time limits specified by the Permit
Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality
Act (CEQA, Public Resources Code section 21000 et. seq.); and
WHEREAS, pursuant to the CEQA and its implementing regulations (the State CEQA
Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead
Agency for the project, as the public agency with the principal responsibility for approving the
proposed project; and
WHEREAS, pursuant to Public Resources Code section 21080.1 and CEQA Guidelines
section 15063, a Mitigated Negative Declaration (MND) shall be prepared when an Initial Study (IS)
identifies potentially significant project related impacts, but can be classified as less than significant
after incorporating mitigation actions that can be taken to avoid or mitigate impacts to a point where
clearly no significant impacts on the environment will occur; and
WHEREAS, the city prepared a Draft IS/MND, dated April 16, 2021, to consider,
identify, and analyze all potential environmental impacts of the proposed project (State Clearinghouse
No . 2021040447, City Planning Case No. DEV 2018-0177). The Draft IS/MND concluded that the
project could result in potentially significant impacts to Biological Resources, Cultural Resources,
Geology/Soils, Hazards/Hazardous Materials, Transportation, and Tribal Cultural Resources, and that all
the potentially significant impacts of the project can be avoided or are less than significant after
incorporation of mitigation measures; and
WHEREAS, the City provided notice of the availability of the Draft IS/MND and its
intent to adopt an IS/MND and sought comments from all interested individuals and agencies on the
Draft IS/MND as required by CEQA:
A. Publishing "Notice of Intent to Adopt a Mitigated Negative Declaration" in the
Union Tribune newspaper on April 16, 2021.
B. Submitting a notice to the County Clerk of the County of San Diego and the
State Clearinghouse for posting.
C. Providing copies of the notice to individuals and organizations that previously
submitted written requests for the notice.
D. Posting of the notice and Draft IS/MND on the City of Carlsbad Planning
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Division webpage; and
WHEREAS, the Draft IS/MND was issued for a 30-day public review period, which
began on April 16, 2021 and ended on May 18, 2021, in conformance with Public Resources Code
section 21091(b) and CEQA Guidelines sections 15072 and 15105(b). The city received three comment
letters during the 30-day public comment period, one of which were submitted by members of the
public and two of which were submitted by public agencies, CEQAnet State Clearinghouse and Planning
Unit Governor's Office of Planning and Research and California Department of Transportation
(Caltrans) District 11. A Response to Comments (RTC) document was prepared and responds to all of
the comment letters received on the Draft IS/MND. An Errata Sheet (Errata) incorporates minor
modifications made to the Draft IS/MND as a result of those responses to comments. The Draft
IS/MND, as revised by the Errata Sheet, together with the RTC, are collectively referred to herein as the
Final IS/MND, State Clearinghouse No. 2021040447); and
WHEREAS, upon approving a project for which an IS/MND is adopted, the Lead Agency
must also adopt a Mitigation, Monitoring and Reporting Program (MMRP) pursuant to Public
Resources Code section 21081.6 and CEQA Guidelines section 15074(d);
WHEREAS, this Final IS/MND, once adopted, would serve as the CEQA determination
for the approval ofthe construction and operation of the proposed restaurant prior to the approval of
the Local Coastal Program amendment by the California Coastal Commission as permitted by Planning
Commission Resolution 7435, which approves the project's Site Development Plan Amendment, Non-
Residential Planned Development Permit Amendment, Minor Conditional Use Permit, and Coastal
Development Permit; and
WHEREAS, the city duly noticed a public hearing of the Planning Commission on
December 1, 2021 to consider recommending adoption of the Final IS/MND and MMRP, and the
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project to the City Council. Evidence was submitted to and considered by the Planning Commission,
including, without limitation:
A. Written information including all application materials and other written and
graphical information posted on the project website.
B. Oral testimony from city staff, interested parties, and the public.
C. The Planning Commission staff report, dated December 1, 2021, which along
with its attachments, is incorporated herein by this reference as though fully set forth herein.
D. Additional information submitted during the public hearing; and
WHEREAS, CEQA Guidelines section 15074{b) states that prior to approving a project,
the Lead Agency must consider the proposed IS/MND together with any comments received during the
public review process; and
WHEREAS, the Record of Proceedings upon which the Planning Commission bases its
decision includes, but is not limited to: (1) the Final IS/MND and the appendices and technical reports
cited in and/or relied upon in preparing the Final IS/MND and MMRP; (2) the staff reports, city files and
records and other documents, prepared for and/or submitted to the city relating to the Final IS/MND,
MMRP, and the project itself; (3) the evidence, facts, findings and other determinations set forth
herein; (4) the General Plan and the Carlsbad Municipal Code; (S) all designs, plans, studies, data and
correspondence submitted to the city in connection with the Final IS/MND, the MMRP, and the project
itself; (6) all documentary and oral evidence received at public workshops, meetings, or hearings or
submitted to the city during the comment period relating to the Final IS/MND and MMRP and/or
elsewhere during the course of the review of the project itself; (7) all other matters of common
knowledge to the to the city, including, but not limited to, city, state, and federal laws, policies, rules,
regulations, reports, records and projections related to development within the city and its
surrounding areas.
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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 and material to this resolution; and
are incorporated herein by reference.
B) The custodian of the documents and other materials which constitute the record of
proceedings upon which this decision is based is the Office of the City Clerk of the City of
Carlsbad, 1200 Village Drive, Carlsbad, CA 92008.
C) The Planning Commission after considering the public comments received, the evidence
and testimony before it, and after exercising its independent judgment and review, does
hereby certify that the IS/MND, inclusive of the response to comments and Errata, has
been prepared in accordance and full compliance with CEQA and the CEQA Guidelines,
has been made available and circulated for review and comment by interested members
of the public and relevant agencies as required by law, and has been presented to,
reviewed and considered by this Planning Commission prior to the decision on
the project. Therefore, the Planning Commission does hereby find that on the basis of the
whole record before it, that there is no substantial evidence that the project, as revised
and conditioned, will have a significant effect on the environment. The Planning
Commission hereby RECOMMENDS ADOPTION of the IS/MND and MMRP (Exhibit MND)
incorporated herein by this reference as though fully set forth herein, as the valid
environmental review for this project, based on the following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby make the following findings and
determinations:
a. The Planning Commission has reviewed, analyzed, and considered the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program for GPA 2019-
0001/ZC 2019-0001/LCPA 2019-0002/ AMEND 2019-004/ AMEND 2021-0011/CDP 2019-
0007-CHICK-FIL-A, the environmental impacts therein identified for this project and any
comments thereon prior to RECOMMENDING APPROVAL of the project; and
b. The IS/MND has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines, and the Environmental Protection
Procedures of the City of Carlsbad; and
c. Revisions were made to clarify information presented in the Draft IS/MND, and only
minor technical changes or additions have been made. These changes and additions to
the Draft IS/MND do not raise new important issues related to significant effects on the
environment. The modifications made to the Draft IS/MND in the RTC and Errata simply
provide minor clarifications and do not amount to substantial revisions requiring
recirculation of the IS/MND pursuant to Section 15073.5 of CEQA Guidelines.
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