HomeMy WebLinkAbout2023-10-18; Planning Commission; Resolution 7497PLANNING COMMISSION RESOLUTION NO. 7497
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE
FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR
2022-0007) AND RECOMMENDING ADOPTION OF FINDINGS OF
FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A
MITIGATION MONITORING AND REPORTING PROGRAM FOR
AMENDMENTS TO THE GENERAL PLAN LAND USE AND
COMMUNITY DESIGN ELEMENT (INCLUDING THE LAND USE MAP),
PUBLIC SAFETY ELEMENT, AND ASSOCIATED AMENDMENTS TO THE
ZONING ORDINANCE, ZONING MAP, LOCAL COASTAL PROGRAM,
AND VARIOUS MASTER AND SPECIFIC PLANS.
CASE NAME: HOUSING ELEMEINT IMPLEMENTATION AND PUBLIC
SAFETY ELEMENT UPDATE
CASE NO: EIR 2022-0007 (PUB 2022-0010)
WHEREAS, the City Planner has filed a verified application with the City of Carlsbad
regarding amendments to the General Plan Land Use and Community Design Element (including
the Land Use Map), Public Safety Element, and associated amendments to the Zoning Ordinance,
Zoning Map, Local Coastal Program, and various Master and Specific Plans ("project"), which
affects properties citywide; and
WHEREAS, an Environmental Impact Report (EIR), State Clearinghouse
No. 2011011004 (City Planning Case No. EIR 13-02), was prepared and the City Council certified
it as complete by City Council Resolution 2015-242 on Sept. 22, 2015, for the General Plan
Update; and
WHEREAS, the first addendum to the Final EIR 13-02 was prepared for the 2020
Climate Action Plan Update, and was adopted by City Council Resolution 2020-0146 on July 14,
2020;and
WHEREAS, the second addendum to the Final EIR 13-02 was prepared for the
Housing Element Update 2021-2029, and was adopted by City Council Resolution 2021-073 on
April 6, 2021; and
WHEREAS, the third addendum to the Final EIR 13-02 was prepared for the
Jefferson Mixed Use: Town home and Professional Office Project, and was adopted by City Council
Resolution 2022-256 on Nov. 8, 2022; 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 environmental impact of the proposed
modifications to the project in light of the standards for subsequent environmental review
outlined in Public Resources Code Section 21166 and CEQA Guidelines Section 15162. As a result
of the proposed modifications to the project, and to document staff's evaluation of the
environmental impact of said modifications, staff prepared a Supplemental EIR to the
Final EIR pursuant to CEQA Guidelines Section 15163. Planning Case No. EIR 2022-0007 (SCH
#2022090339} supplements EIR 13-02 (SCH #2011011004}, certified by the City Council on Sept.
22, 2015, for the General Plan Update (GPA 07-02 and other case files); and
WHEREAS, the primary purposes of the project analyzed by EIR 2022-0007 (the
"Supplemental EIR"} is to comply with state law by implementing Housing Element Program 1.1
(provide adequate sites to accommodate the RHNA) and updating the Public Safety Element as
necessary to comply with recent state legislation; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), Public
Resources Code Section 21000, et seq., and its implementing regulations ("CEQA Guidelines"),
California Code of Regulations Title 14 Section 15000, et seq., the City of Carlsbad published and
distributed a Notice of Preparation (NOP) of EIR 2022-0007 for a 30-day agency and public review
period starting on Sept. 14, 2022, and ending on Oct. 14, 2022. The city held two scoping
meetings on Sept. 26, 2022 (in-person) and Sept. 28, 2022 (virtual). On Oct. 13, 2022, the city
issued an amended NOP extending the public comment period to Oct. 26, 2022, and adding a
third scoping meeting on Oct. 19, 2022 (in-person). The scoping meetings were aimed at
providing information about the proposed project to members of public agencies, interested
stakeholders, residents, and community members; and
WHEREAS, the Notice of Preparation, amended Notice of Preparation and
comments received during the extended review period are included as Appendix A of the Draft
EIR and summarized in Section 1.6 of the Draft EIR 2022-0007; and
WHEREAS, also pursuant to the California Environmental Quality Act ("CEQA"),
Public Resources Code Section 21000, et seq., and its implementing regulations ("CEQA
Guidelines"), California Code of Regulations Title 14 Section 15000, et seq., the City of Carlsbad
prepared Draft EIR 2022-0007 and made it available for public review and comment as required
by law beginning on July 14, 2023, and ending on Aug. 28, 2023; and
WHEREAS, the first two Notice of Preparation scoping meetings and public review,
and the public review period for Draft EIR 2022-0007, were provided via mailers to all property
owners and residents within a 600-foot radius of each housing site. The Notice of Preparation
was also filed with the County Clerk, published in the San Diego Union-Tribune, and posted on
the city's website. A project-specific page on the city's website, fliers, and social media also aided
in general project awareness; and
WHEREAS, the City of Carlsbad received comments concerning the Draft EIR 2022-
0007 from public agencies, organizations, businesses and individuals, and pursuant to CEQA
Guidelines Section 15088, the City of Carlsbad prepared responses to all written comments
received on the Draft EIR 2022-0007 that raised environmental issues; and
WHEREAS, the City of Carlsbad has determined that the comments received on
the Draft EIR 2022-0007, as well as minor revisions made to the project since the release of the
Draft EIR for public review, do not contain any significant new information within the meaning of
CEQA Guidelines Section 15088.5 and, therefore, recirculation of Draft EIR 2022-0007 is not
required; and
WHEREAS, the City of Carlsbad has prepared a Final EIR 2022-0007, which contains
the information required by CEQA Guidelines Section 15132, including the Draft EIR 2022-0007
and the revisions thereto, the technical appendices and referenced documents, and the public
comments and the city's responses thereto, and which has been filed with the Clerk of the City
of Carlsbad; and
WHEREAS, pursuant to CEQA Guidelines Sections 15091, 15093 and 15097, the
City of Carlsbad has prepared Findings of Fact, a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program, which have been filed with the Clerk of the City
of Carlsbad; and
WHEREAS, all materials with regard to the project were made available to the
Planning Commission of the City of Carlsbad ("Planning Commission") for its review,
consideration and its recommendation to the City Council of the project including, but not limited
to: the Final EIR 2022-0007, Findings of Fact, Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Program; all reports, applications, memoranda, maps,
letters and other planning documents prepared by the environmental consultants and the City
of Carlsbad that are before the city decision makers; all documents submitted by members of the
public and public agencies in connection with Final EIR 2022-0007; and matters of common
knowledge to the City of Carlsbad which they may consider, including but not limited to, the
Carlsbad General Plan, Carlsbad Zoning Ordinance, Carlsbad Local Coastal Program, and various
master and specific plans; and
WHEREAS, the city duly noticed a public hearing of the Planning Commission on
October 18, 2023, to consider a recommendation of adoption of the Final EIR 2022-0007, CEQA
Findings of Fact, a Statement of Overriding Considerations and MMRP, and a recommendation
of approval for the project. Evidence was submitted to and considered by the Planning
Commission including, without limitation:
• Written information including all application materials and other written and
graphical information posted on the project website.
• Oral testimony from city staff, interested parties, and the public
• The October 18, 2023 Planning Commission staff report, which along with its
attachments, is incorporated herein by this reference as though fully set forth
herein .
• Additional information submitted during the public hearing; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, and examining the Final EIR 2022-0007
(Attachment A) on file in the Planning Division and incorporated by this reference, Findings of
Fact and Statement of Overriding Considerations (Attachment B), and a Mitigation Monitoring
and Reporting Program (Appendix A to Attachment A), analyzing the information submitted by
staff and considering any written and oral comments received, said Commission considered all
factors relating to the Final EIR 2022-0007; and
WHEREAS, the Record of Proceedings upon which the Planning Commission bases
its decision includes, but is not limited to: (1) the Final EIR 2022-0007 and the appendices and
technical reports cited in and/or relied upon in preparing the Final EIR and Mitigation Monitoring
and Reporting Program; (2) the staff reports, city files and records and other documents,
prepared for and/or submitted to the city relating to the Final EIR 2022-0007, MMRP, and the
project itself; (3) the evidence, facts, findings and other determinations set forth in 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 EIR 2022-0007, 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
EIR 2022-0007 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 Planning Commission of the
City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) Record and basis for action. The Planning Commission has considered the full
record before it, which includes the Record of Proceedings. Furthermore, the
recitals set forth above are found to be true and correct and material to this
resolution; and are incorporated herein by reference.
C) Final EIR 2022-0007 consists of the Draft SEIR, technical appendices, written
comments and responses to comments, revisions to the Draft EIR and a
description of revisions to the project, including but not limited to Land Use and
Community Design Element and Zoning Ordinance changes, and is hereby found
to be in good faith and reason by incorporating a copy of the minutes of said public
hearing into the Final EIR 2022-0007 {Attachment A), all on file in the Planning
Division and incorporated by this reference.
D) That in determining whether the proposed project has a significant impact on the
environment, and in adopting these Findings pursuant to Section 21081 of CEQA,
the city has based its decision on substantial evidence and has complied with
CEQA Sections 21081.5 and 21082.2 and CEQA Guidelines Section 15901(b).
Mitigation measures were developed in order to reduce potentially significant
environmental impacts to a less-than-significant level, in accordance with the
MMRP (Appendix A to Attachment A).
E) That the Final EIR 2022-0007 is adequate and provides good-faith disclosure of
available information on the project and all reasonable and feasible alternatives
thereto. The Final EIR 2022-0007 has determined that any remaining significant
effects on the environment found to be unavoidable under CEQA Guidelines
Section 15091 are acceptable due to overriding concerns as described in CEQA
Guidelines Section 15093.
F) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS CERTIFICATION of HOUSING ELEMENT IMPLEMENTATION AND
PUBLIC SAFETY ELEMENT-EIR 2022-0007 {Attachment A) for amendments to the
General Plan Land Use and Community Design Element (including the Land Use
Map), Public Safety Element, and associated amendments to the Zoning
Ordinance, Zoning Map, Local Coastal Program, and various master and specific
plans; and RECOMMENDS ADOPTION of the findings of Fact and Statement of
Overriding Considerations {Attachment B), and the Mitigation Monitoring and
Reporting Program {Appendix A to Attachment A). based on the following
findings:
Findings:
1. The Planning Commission has reviewed, analyzed, and considered Final EIR 2022-0007
(Attachment A), the environmental impacts therein identified for this project, the
Findings of Fact and Statement of Overriding Considerations (Attachment B), and
Mitigation Monitoring and Reporting Program (Appendix A to Attachment A), prior to
recommending approval of this project.
2. The Planning Commission finds that the Final EIR 2022-0007 reflects the City of Carlsbad's
independent judgment and analysis, the Final EIR 2022-0007, Findings of Fact, Statement
of Overriding Considerations, and Mitigation Monitoring and Reporting Program are
complete and adequate in scope and have been prepared in accordance with
requirements of the California Environmental Quality Act, the State CEQA Guidelines, and
the Environmental Review Procedures of the City of Carlsbad and, therefore, the Planning
Commission hereby recommends that the Final EIR 2022-0007 be certified in relation to
the project.
3. The Planning Commission does accept as its own, incorporate as if set forth in full herein,
and make each and every one of the findings contained in the Findings of Fact
(Attachment B), including feasibility of mitigation measures pursuant to Public Resources
Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives.
4. The Planning Commission hereby finds and recommends to the City Council that the
Mitigation Monitoring and Reporting Program (Appendix A to Attachment A) is designed
to ensure that during project implementation, any responsible parties will implement the
project components and comply with the feasible mitigation measures identified in the
Findings of Fact and Mitigation Monitoring and Reporting Program.
5. The Planning Commission hereby finds that although certain environmental effects
caused by the project will remain significant or potentially significant even after the
adoption of all feasible mitigation measures, there are specific economic, social, and
other considerations that render the unavoidable significant adverse environmental
effects acceptable, as set forth in the Statement of Overriding Considerations
(Attachment B) and recommends its adoption to the City Council.
6. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section
15091(e), the documents and other materials which constitute the record of proceedings
on which this resolution is based are in the City of Carlsbad, at 1200 Carlsbad Village Drive
in the custody of the City Clerk, and at 1635 Faraday Avenue in the custody of the City
Planner.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on Oct. 18, 2023, by the following vote, to
wit:
AYES: Merz, Hubinger, Kamenjarin, Lafferty
NAYES:
ABSENT: Meenes
ABSTAIN: Sabellico, Stine
PETER MERZ, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner