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HomeMy WebLinkAbout2022-11-16; Planning Commission; Resolution 7465PLANNING COMMISSION RESOLUTION (7465) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO RENOVATErHE CHAMPIONS (NORTH} GOLF COURSE AT LA COSTA RESORT AND SPA ON PROPERTY GENERALLY LOCATED NORTH OF LA COSTA AV_ENUE, SOUTH OF POINTSffilA LANE AND EAST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: OMNI LA COSTA GOLF COURSE RENOVATION CASE NO: SUP 2022-0001 (DEV2022-0001) WHEREAS, LC INVESTMENT 2010 LLC DBA OMNI LA COSTA, ''Developer/Owner," has filed a verified application with the City of Carlsbad, Planning Case No. SUP 2022-0001 (DEV2022-0001), constituting a land use development request to renovate the Champions (north) golf course at La Costa Resort and Spa on all that is real property described as LOT 1 AND LOT 28 OF CARLSBAD TRACT NO. 03-91, LA COSTA RESORT AND SPA~ IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF' CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14984, ~ECORDED IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, ON MARCH 18, 2005. ("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 r.esponsibility 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, to consider, identify, and analyze all potential environmental impacts of the proposed project (State Clearinghouse No. 2022090485, City Planning Case No. SUP 2022-0001 (DEV2022-0001)). The Draft IS/MND concluded that the project could result in potentially significant impacts to Biological Resources, Cultural Resources, and Noise, 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 September 23, 2022. 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 Ca rlsbad Planning Division webpage; and WHEREAS, the Draft IS/MND was issued for a 30-day public review period, which began on September 23, 2022 and ended on October 23, 2022, in conformance with Public Resources Code section 21091(b) and CEQA Guidelines sections 15072 and 1510S(b). The city received one comment letters during the 30-day public comment period from Rincon Band of Luisefio Indians. City staff PC RESO MND Adoption -2- provided a letter to Rincon responding to their concerns. No modifications were made to the Draft IS/MND as a result of those comments. A clarifying sentence regarding Vehicle Miles Traveled (VMT) was added to the revised IS/MND. This addition to the revised IS/MND does not raise new important issues related to significant effects on the environment. The modifications made to the Draft IS/MND 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. The revised lS/MND is referred to herein as the Final IS/MND, State Clearinghouse No. 2022090485); 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 of the proposed renovations to the Champions Golf Course prior to the approval of the Special Use Permit; and WHEREAS, the city duly noticed a public hearing of the Planning Commission on November 16, 2022 to consider adoption of the Final IS/MND and MMRP, and the project. 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 November 16, 2022, 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 PC RESO MND Adoption -3- 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; (5) 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannihg Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct and material to this resolut ion; and are incorporated herein by re.ference. B) ,he custodian of the documents and other materials which constitute the record of proceedings upon whkh 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, 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 PC RESO M.ND Adoption -4- Findings: 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 ADOPTS 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: 1. The Planning Commission of the City of Carlsbad does hereby make the following findings and determinations: a. The Planning Commission has reviewed, analy~ed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SUP 2022- 0001-OMNI LA COSTA GOLF COURSE RENOVATION, the environmental impacts therein identified for this project and any comments thereon prior to 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 revised IS/MND do not raise new important issues related to significant effects on the environment. The modifications made to the revised IS/MND 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. d. Mitigation measures were developed to reduce potential impacts to Biological Resources, Cultural Resources, Noise. The project applicant has agreed to implement all mitigation measures identified in the Final IS/MND in order to reduce all potentially significant environmental impacts to a less-than-significant level, in accordance with the MMRP. Mitigation measures shall be incorporated as part of the project's conditions of approval to reduce impacts to a level less than significant. e. The Final IS/MND constitutes ah adequate, accurate, objective, and complete document in compliance with all legal standards. In determihing whether the proposed project has a significant effect on the environment, the City is able to base its decision on substantial evidence and has complied with Public Resources Code section 21082.2 and CEQA Guidelines section 15091(b). f. The Record of Proceedings has been completed in compliance with CEQA and the State CEQA Guidelines, and that the findings related to the Final 15/MND, taken together, reflect the independent judgment of the Planning Commission. PC RESO MND Adoption -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 16, 2022, by the following vote, to wit: AYES: Commissioners Kamenjarin, Meenes, Sabellico, Merz, Lafferty, and Stine NOES: ABSENT: Commissioner Luna ABSTAIN: JOSEPH STINE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MIKE STRONG ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR PC RESO MND Adoption -6-