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Home My WebLink About2021-12-01; Planning Commission; Resolution 7434PLANNING COMMISSION RESOLUTION NO. 7434 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 {LOCAL COASTAL PROGRAM AND GENERAL PLAN LAND USE MAPS) AND ZONING (LOCAL COASTAL PROGRAM AND CITYWIDE ZONING MAPS) DESIGNATIONS ON TWO PROPERTIES (APNS 210-170-08, -09) TOTALING 0.89 ACRES FROM PLANNED INDUSTRIAL (Pl) TO VISITOR COMMERCIAL (VC) AND FROM PLANNED INDUSTRIAL (P-M) WITH A COMMERCIAL/VISITOR-SERVING OVERLAY TO COMMERCIAL TOURIST WITH COMMERCIAL/VISITOR- SERVING AND QUALIFIED DEVELOPMENT OVERLAYS (C-T-Q) TO ALLOW FOR A CHICK-FIL-A RESTAURANT WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CASE NO: CHICK-FIL-A GPA 2019-0001/ZC 2019-0001/LCPA 2019-0002 (DEV2018-0177) WHEREAS, CHICK-FIL-A, "Developer," has filed a verified application with the City of Carlsbad regarding 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, said verified application constitutes a request for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment as shown on Exhibit(s) "GPA 2019-0001", "ZC 2019-0001" and "LCPA 2019-0002" dated December 1, 2021, attached hereto and on file in the Carlsbad Planning Division, GPA 2019-0001/ZC 2019-0001/LCPA 2019-0002 -CHICK-FIL-A, 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 December 1, 2021, and attached hereto as GPA 2019-0001/ZC 2019-0001/LCPA 2019-0002 -CHICK-FIL-A; and WHEREAS, the Planning Commission did, on December 1, 2021, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment, Zone Change, and Local Coastal Program Amendment. WHEREAS, State Coastal Commission Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) C) Findings: That the above recitations are true and correct. Notice regarding the state-mandated six-week review period for the Local Coastal Program Amendment was issued on September 24, 2021 (September 24, 2021 to November 5, 2021); no comments were received. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of GPA 2019-0001/ZC 2019-0001/LCPA 2019-0002 -CHICK- FIL-A, based on the following findings: California Environmental Quality Act (CEQA) 1. The Planning Commission of the City of Carlsbad does hereby find: a. it 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/CUP 2021-0017/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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental PC RESO NO. 7434 -2- Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. General Plan Amendment, GPA 2019-0001 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 December 1, 2021, including, but not limited to the following: a. Land Use and Community Design Element-in that the request for a General Plan Amendment to change the Land Use designation for two properties (APNS 210-170-08, - 09) comprising 0.89-acres from Planned Industrial (Pl) to Visitor Commercial (VC) will allow for the restaurant use and provide General Plan Land Use consistency with the remaining area of the commercial center to the south, which is developed with a number of restaurants and also designated VC. b. Mobility -in that the property is currently developed with a 10,600-square-foot professional office building. The proposal to demolish the office building and construct a 3,932-square-foot fast-casual restaurant requires the construction of a new traffic signal at an existing highly utilized driveway which will improve mobility for pedestrians and vehicles. In addition, bicycle parking is provided onsite and the project will be accordingly conditioned to pay all necessary impact fees, including the traffic impact fees for the change in use. c. Noise -in that the project site is located within Review Area 2 of the Airport Influence Area (AIA) but outside of the noise exposure range as shown on Exhibit 111-1 of the McClellan-Palomar Airport ALUCP. In addition, pursuant to Exhibit 111-6, the site is located within the Overflight Notification Area but outside of the area which requires an avigation easement. d. Economy, Business, Diversity, and Tourism -in that the proposal to re-designate the site from Pl to VC provides a new opportunity for a restaurant use which is compatible with the uses in the existing commercial center. Zone Change, ZC 2019-0001 3. That the proposed Zone Change from Planned Industrial (P-M) to Commercial Tourist with a Qualified Development Overlay (C-T-Q), for two properties comprising 0.89 acres is consistent with the goals and policies of the various elements of the General Plan, in that the C-T-Q Zoning designation implements the VC General Plan Land Use designation. The Zone Change will also provide consistency with the existing Zoning designation for the remainder of the commercial center, which is developed with similar land uses. PC RESO NO. 7434 -3- 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 Commercial Tourist with the Qualified Development and Commercial/Visitor-Serving Overlays (C-T-Q) Zoning designation shown on Exhibit "ZC 2019-0001" attached hereto implements the Visitor Commercial (VC) General Plan Land Use designation. Pursuant to CMC Section 21.29.020, it is intended that the C-T Zone be placed on properties located near major transportation corridors as designated by the General Plan. The project site is adjacent to the Interstate 5 highway. Therefore, the proposed Zone Change from P-M to C-T-Q complies with the intent of the C-T Zone. 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 restaurant use allowed by the proposed zone change is compatible with the adjacent land uses, which include sit-down and fast-casual restaurants. In addition, the proposed restaurant is conveniently located adjacent to the Interstate 5 highway. Local Coastal Program Amendment, LCPA 2019-0002 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. 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 2019-0001) and Zone Change (ZC 2019-0001). 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 map, whichever comes first. PC RESO NO. 7434 -4- 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 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 3 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) for GPA 2019-0001/ZC 2019-0001/LCPA 2019-0002/AMEND 2019-004/ AMEND 2021-0011/CUP 2021-0017 /CDP 2019-0007-CHICK-FIL-A. PC RESO NO. 7434 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 1, 2021, by the following vote, to wit: AYES: Commissioners Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: Commissioners Lafferty and Luna ABSTAIN : ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7434 -6- AVENIDAENCINASI -5 PAR SB OFF RAMP I- 5 AVENIDAENCINASI -5 PAR SB OFF RAMP I- 5 GPA 2019-0001 Chick-fil-A October 13, 2021Exhibit "GPA 2019-0001" EXISTING PROPOSED PI TC PI VC VC PI PI TC VC VC VC VC From:To: A. 210-170-08-00 PI VC B. 210-170-09-00 PI VC Related Case File No(s): ZC 2019-0001/LCPA 2019-0002/AMEND 2019-0004/AMEND 2021-0011/CDP 2019-0007 General Plan Land Use Designation Changes Property I I AVENIDAENCINASI -5 PAR SB OFF RAMP I- 5 AVENIDAENCINASI-5 PAR SB OFF RAMP I- 5 ZC 2019-0001 October 13, 2021Exhibit "ZC 2019-0001" PROPOSED P-M C-T-Q C-T-Q T-C P-M P-M P-M C-T-Q C-T-Q T-C C-T-Q C-T-Q EXISTING Chick-fil-A From:To: A. 210-170-08-00 P-M C-T-Q B. 210-170-09-00 P-M C-T-Q Related Case File No(s): GPA 2019-0001/LCPA 2019-0002/AMEND 2019-0004/AMEND 2021-0011/CDP 2019-0007 Zoning Designation Changes Property I I AVENIDAENCINASI -5 PAR SB OFF RAMP I- 5 AVENIDAENCINASI -5 PAR SB OFF RAMP I- 5 LCPA 2019-0002 (Land Use)CHICK-FIL-A Exhibit "LCPA 2019-0002 " EXISTING PROPOSED PI TC PI VC VC PI PI TC VC VC VC VC From:To: A. 210-170-08-00 PI VC B. 210-170-09-00 PI VC Related Case File No(s): GPA 2019-0001 / ZC 2019-0001 / AMEND 2019-0004 / AMEND 2021-0011 / CDP 2019-0007 LCPA Land Use Designation Changes Property I I EXHIBIT X ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE, (LOCAL COASTAL PROGRAM AND CITYWIDE ZONING MAPS) ON TWO PROPERTIES (APNS 210-170-08, - 09) TOTALING 0.89 ACRES FROM PLANNED INDUSTRIAL (P-M) WITH A COMMERCIAL/VISITOR-SERVING OVERLAY TO COMMERCIAL TOURIST WITH COMMERCIAL/VISITOR-SERVING AND QUALIFIED DEVELOPMENT OVERLAYS (C-T-Q) TO ALLOW FOR A CHICK-FIL-A RESTAURANT WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CHICK-FIL-A CASE NO: ZC 2019-0001/LCPA 2019-0002 (DEV2018-0177) WHEREAS, CHICK-FIL-A, “Developer,” has filed a verified application with the City of Carlsbad regarding 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, said verified application constitutes a request for a Zone Change, and Local Coastal Program Amendment as shown on Exhibit(s) “ZC 2019-0001” and “LCPA 2019-0002” dated December 1, 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 2019-0001/LCPA 2019-0002 – CHICK-FIL-A.” NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: 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 2019-0001” and “LCPA 2019-0002” dated December 1, 2021, attached hereto and made a part hereof. 3. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7434 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 2019-0002 is approved by the California Coastal Commission). INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______ day of __________, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CELIA A. BREWER, City Attorney ____________________________________ MATT HALL, Mayor _____________________________________ FAVIOLA MEDINA, City Clerk Services Manager (SEAL)