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Home My WebLink About2022-08-17; Planning Commission; Resolution 7459PLANNING COMMISSION RESOLUTION NO.7459 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT FROM R-15 RESIDENTIAL {8-15 DU/AC) TO R-15/O RESIDENTIAL/OFFICE {8-15 DU/AC) AND ZONE CHANGE FROM RESIDENTIAL DENSITY-MULTIPLE ZONE {RD-M) TO RESIDENTIAL PROFESSIONAL -QUALIFIED DEVELOPMENT OVERLAY {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) EXHIBIT 2 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 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 application constitutes a request for a General Plan Amendment and Zone Change as shown on Exhibits "GPA 2021-0004" and "ZC 2021-0003" dated August 17, 2022, attached hereto and on file in the Planning Division, GPA 2021-0004/ZC 2021-0003-JEFFERSON MIXED- USE, as provided in Government Code Section 65350 et. seq. and Section 21.52.030 of the Carlsbad Municipal Code; and WHEREAS, the proposed General Plan Amendment and Zone Change are set forth in the draft City Council Ordinance, EXHIBIT "X" dated August 17, 2022, and attached hereto GPA 2021- 0004/ZC 2021-0003 -JEFFERSON MIXED-USE; 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 Planning Commission has reviewed and recommended the adoption of it per Planning Commission Resolution No. 7458; and WHEREAS, the Planning Commission did on August 17, 2022, 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 and Zone Change. 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 Commission RECOMMENDS APPROVAL of GPA 2021-0004/ZC 2021-0003 -JEFFERSON MIXED-USE, based on the following findings and subject to the following conditions: Findings: General Plan Amendment, GPA 2021-0004 1. 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 August 17,2022, 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 2754 Jefferson Street (APN · 203-201-02-00) from R-15 Residential {8-15 du/ac) to R-15/O Residential/Office (8-15 du/ac) will allow for consistency with the land use designation on the adjacent parcel {2770 Jefferson Street, APN 203-201-02-00) so the sites can be consolidated to develop the project. b. Mobility-in that the property and adjacent parcel (2770 Jefferson Street, APN 203-201-02-00) are currently each developed with a single-family residence. The proposal to demolish the residential buildings and construct four residential air-space condominiums and a commercial office will result in a net increase of 25 ADT which is below the screening criteria of 110 ADT, the project is considered to have less than significant impacts and the surrounding street system serving the project is adequate to handle the 45 ADT generated by the project. C. PC RESO NO. 7459 Noise -in that the project site is located outside of the Airport Influence Area (AIA) and noise exposure range as shown on Exhibit 111-1 of the McClellan- Palomar Airport ALUCP. -2- d. Economy, Business, Diversity, and Tourism -in that the proposal to re- designate the site from R-15 to R-15/0 provides a new opportunity for four residential airspace condominium units and a commercial office which is compatible with the surrounding residential and commercial uses. Zone Change, ZC 2021-0003 2. That the proposed Zone Change from Residential Density-Multiple Zone {RD-M) to Residential Professional -Qualified Development Overlay Zone (R-P-Q) is consistent with the goals and policies of the various elements of the General Plan, in that the R-P-Q zoning designation implements the R-15/O Residential/Office {8-15 du/ac) General Plan Land Use Designation. The Zone Change will allow for consistency with the land use designation on the adjacent parcel {2770 Jefferson Street, APN 203-201-02-00) so the sites can be consolidated to develop the Project and avoid split zoning. 3. 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 Residential Professional -Qualified Development Overlay (R-P-Q) Zoning designation shown on Exhibit "ZC 2019-0001" attached hereto implements the R-15/O Residential/Office {8-15 du/ac) General Plan Land Use Designation. Pursuant to CMC Section 21.18.010, it is intended that the R-P zone be placed on properties designated with office, medium-high density, and high-density land use designations of the General Plan. The project site is adjacent to other commercial and medium-high density to high density land uses. The zone change will allow for four residential airspace condominium units and an office to be constructed by avoiding split zoning. Therefore, the proposed Zone Change from Residential Density-Multiple (RD-M) to Residential Professional -Qualified Development Overlay (R-P-Q) complies with the intent of the R-P-Q zone. 4. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the residential and office uses allowed by the proposed zone change are compatible with the adjacent land uses, which include multi- family residences and commercial office uses. In addition, the proposed restaurant is conveniently located adjacent to the Interstate 5 highway. General 5. 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. 6. 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. PC RESO NO. 7459 -3- 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. 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment and Zone Change 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. 2. 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 and Zone Change, (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. 3. This approval is granted subject to the approval of Addendum #3 to the City of Carlsbad General Plan EIR State Clearinghouse No. 2011011004 (EIR 13-02} and CT 2021-0001/PUD 2021- 0004/PUD 2022-0002/SDP 2021-0014 and is subject to all conditions contained in Planning Commission Resolutions No. 7458 and 7460 for those other approvals incorporated herein by reference. PC RESO NO. 7459 -4- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on August 17, 2022, by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjarin, Merz, and Sabellico NOES: ABSENT: ABSTAIN: ALICIA LAFFERTY, Vice CARLSBAD PLANNING C ATTEST: MIKE STRONG Commissioner Stine Commissioner Meenes Assistant Community Development Director PC RESO NO. 7459 -5-