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HomeMy WebLinkAbout2022-08-17; Planning Commission; Resolution 7458PLANNING COMMISSION RESOLUTION NO. 7458 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF AN ADDENDUM TO THE CITY OF CARLSBAD GENERAL PLAN EIR STATE CLEARINGHOUSE NO. 2011011004 (EIR 13-02), FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE TO ACCOMMODATE FOUR RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS AND A DETACHED, APPROXIMATELY 897-SQUARE-FOOT OFFICE BUILDING ON AN APPROXIMATE 0.32 ACRE SITE LOCATED AT 2770 AND 2754 JEFFERSON STREET (APNS 203-201-01, -02) WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: JEFFERSON MIXED-USE GPA 2021-0004/ZC 2021-0003/CT 2021- 0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) EXHIBIT 1 WHEREAS, KARNAK PLANNING AND DESIGN, "Developer,'' has filed a verified application with the City of Carlsbad regarding property owned by SCARPELLI FAMILY TRUST, "Owner," described as LOT 1 AND 2 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIFORNIA, ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929. ("the Property"); and 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 is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and WHEREAS, an Environmental Impact Report (EIR), State Clearinghouse No. 2011011004 (EIR 13-02), was prepared and the City Council certified it as complete on September 22, 2015, for the City of Carlsbad General Plan Update. The General Plan Update EIR was prepared to be a Program EIR and it evaluated all land development proposed through the application of policies, regulations, and as logical parts of a long-term plan; and WHEREAS, an Initial Study (IS) Checklist was prepared in accordance with CEQA Guidelines section 15063 to evaluate the request for a General Plan Amendment, Zone Change, Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and Site Development Plan as shown on Exhibit(s) "GPA 2021-0004, ZC 2021-0003, CT 2021-0001, PUD 2021-0004, PUD 2022-0002, and SOP 2021-0014'' dated August 17, 2022, on file in the Planning Division, CT 2021- 0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0116)-JEFFERSON MIXED-USE, and to determine whether the environmental effects of the later activity is within the scope of the previously prepared EIR. WHEREAS, pursuant to CEQA Guidelines section 15168, the request to construct four residential air-space condominium units and an office building is within the scope of the of the previously certified EIR. The effects of the project were examined in the EIR and all feasible mitigation measures and alternatives developed in the EIR adequately address the anticipated adverse effects of the project; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the Lead Agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and CEQA Guidelines section 15162 require additional environmental review; and WHEREAS, City staff evaluated the details of the request, which included the General Plan Amendment and Zone Change and the environmental changes caused by the development project, including planning, construction and operation in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and CEQA Guidelines section 15162; and WHEREAS, based on this evaluation, staff concluded that the EIR had fully analyzed and mitigated, where feasible, in compliance with CEQA, all potentially significant environmental impacts, if any, that would result from t he details of the request, that the impacts to the environment as a result of the modifications are consistent with and would not create substantial new or ihcreased impacts beyond PC RESO NO. 7458 those that were evaluated in the EIR, and that, therefore, no subsequent EIR or mitigated negative declaration is now required; and WHEREAS, as a result of the proposed General Plan Amendment and Zone Change and the concurrent processing and approval of the development project, including planning, construction and operation , and to document staff's evaluation of the environmental impact of said modifications, staff prepared Addendum #3 to the Final EIR pursuant to CEQA Guidelines section 15164; and WHEREAS, the city duly noticed a public hearing of the Jefferson Mixed-Use project on August 17, 2022 to consider adoption of the project. The public notice consisted of {1) that the project is within the scope of the program approved earlier; and (2) the certified EIR adequately describes the proposed project for the purposes of CEQA. 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 August 17, 2022, which alohg with its attachments, is incorporated herein by this reference as though fully set forth herein. D) Additional information submitted during the public hearing. 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 Planning Commission hereby RECOMMENDS ADOPTION of an addendum to Environmental Impact Report EIR 13-02, an amendment to the City of Carlsbad General Plan EIR, according to Exhibit 7 of the staff report "15164 Addendum to EIR" hereto and made a part hereof, based on the following findings: PC RESO NO. 7458 -3- Findings: 1. State CEQA Guidelines section 15164 requires lead agencies to prepare an Addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The Planning Commission has reviewed and considered the EIR and Addendum and finds that those documents taken together contain a complete and accurate reporting of all of the environmental impacts associated with the revised project. The Planning Commission further finds that the Addendum and administrative record have been completed in compliance with CEQA and CEQA Guidelines, and that the findings related to the EIR and Addendum, taken together, reflect the Planning Commission's independent judgment. Based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, which is attached to the staff report as Exhibit 7, none of the conditions described in CEQA Guidelines sections 15162 or 15163 calling for the preparation of a subsequent or .supplemental EIR or negative declaration have occurred; specifically: a. The proposed modifications to the project do not create substantial changes that would require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and b. The_proposed modifications to the project do not create substantial changes with respect to the circumstances under which the project is undertaken that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete and adopted, that shows any of the following: I. The modifications will have one or more significant effects not discussed in the certified EIR; II. Significant effects previously examined will be substantially more severe than shown in the certified EIR; Ill. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the Applicant declines to adopt the mitigation measure or alternative; or IV. Mitigation measures or alternatives that are considerably different from those analyzed in the certified EIR would substantially reduce one or more significant effects on the environment, but the Applicant declines to adopt the mitigation measure or a Iterative; and V. The evaluation of the proposed modifications to the project, certified EIR, and Addendum reflects the Planning Commission's independent judgment and PC RESO NO. 7458 -4- analysis based on the Planning Commission's review of the entirety of the administrative record, which record provides the information upon which this resolution is based. d. Pursuant to the above findings, the Planning Commission determines that the EIR, together with the Addendum, satisfy all the requirements of CEQA and is adequate to serve as the required environmental documentation for the Project and, therefore, hereby recommends that the City Council approve and adopt the Addendum for the Project. e. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 17, 2022, by the following vote, to wit: AYES: Commissioner~ Lafferty, Luna, Kamenjarin, Merz, and Sabellico NOES: ABSENT: Commissioner Stine ABSTAIN: Commissioner Meenes ATTEST: /Ut15 MIKE STRONG Assistant Community Development Director PC RESO NO. 7458 -5- ORDINANCE NO. EXHIBIT X Dated August 17, 2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, A ZONE CHANGE FROM RESIDENTIAL DENSITY-MULTIPLE ZONE (RD-M) TO RESIDENTIAL PROFESSIONAL WITH A QUALIFIED DEVELOPMENT OVERLAY ZONE (R-P-Q) ON A PARCEL GENERALLY LOCATED 2754 JEFFERSON STREET (APN 203-201-01-00) IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JEFFERSON MIXED-USE CASE NO: GPA 2021-0004 /ZC 2021-0003 (DEV2022-0016) WHEREAS, KARNAK PLANNING AND DESIGN, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by SCARPELt.l FAMILY TRUST, "Owner," described as: LOT 1 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIFORNIA, ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929. ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment and Zone Change as shown on Exhibits "GPA 2021-0004/ZC 2021-0003" dated August 17, 2022, attached hereto and made a part hereof; and WHEREAS, pursuant to the California Environmental Quality Act, a Third Addendum to an Environmental Impact Report (EIR), State Clearinghouse No. 2011011004 (EIR 13-02}, relative to the project was prepared and the City Council adopted it per City Council Resolution No. (insert number); 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 "GPA 2021-0004/ZC 2021-0003 -JEFFERSON MIXED-USE." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does ordain as follows: 1. The above recit,ations are true and correct. 2. That Section 21.05.030 of the Carlsbad Municipal Code, being the General Plan and Zoning Map, are amended as shown on the maps marked "GPA 2021-0004/ZC 2021-0003-JEFFERSON MIXED-USE" dated August 17, 2022, attached hereto and made a part hereof. 3. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7459 shall also constitute the findings and conditions of the City Council. 4. That concurrently with this ordinance, the City Council is taking a number of actions in furtherance of the project, as generally described by the 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 t he manner provided by state law. Therefore, this ordinance shall become effective and operative only if the companion resolutions are approved. 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. 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 Counci l 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 SCOTT CHADWICK, Mayor Faviola Medina, City Clerk (SEAL)