HomeMy WebLinkAbout2018-11-27; City Council; Resolution 2018-199RESOLUTION NO. 2018-199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN ADDENDUM TO ENVIRONMENTAL IMPACT
REPORT 98-08 AND APPROVING A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION ON LOT 1 OF THE CARLSBAD OAKS
NORTH SPECIFIC PLAN FROM PLANNED INDUSTRIAL TO OFFICE, ON A 6.38-
ACRE LOT, GENERALLY LOCATED ON THE NORTHWEST CORNER OF
FARADAY AVENUE AND EL FUERTE STREET, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO.: GPA 2017-0003(DEV2017-0042)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on October 3, 2018, hold a duly
noticed public hearing as prescribed by law to consider General Plan Amendment GPA 2017-0003 and
Addendum to EIR 98-08, as referenced in Planning Commission Resolution No. 7310 and 7312; and the
Planning Commission adopted Planning Commission Resolution No. 7310 and 7312 recommending to
the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said General Plan Amendment and Addendum; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all person desiring to be heard, the City Council considered all factors relating to the General
Plan Amendment and Addendum.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for approval of General Plan
Amendment no. GPA 2017-0003 and Addendum to EIR 98-08, is approved, and that the
findings and conditions of Planning Commission contained in Planning Commission
Resolution No. 7310 and 7312 on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
November 27, 2018 Item #11 Page 110 of 317
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of November, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
November 27, 2018 Item #11 Page 111 of 317
PLANNING COMMISSION RESOLUTION NO. 7310
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL
PLAN LAND USE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, A
ZONE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, AND AN
AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN TO APPLY
OFFICE ZONE STANDARDS TO LOT 1 ON PROPERTY GENERALLY LOCATED
AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL FUERTE
STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN LOCAL
FACILITIES MANAGEMENT ZONE 16.
CASE NAME:
CASE NO:
OAKMONT OF CARLSBAD
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011
(DEV2017-0042)
EXHIBIT 5
WHEREAS, Hannah Daugherty, "Developer," has filed a verified application with the City
of Carlsbad regarding property owned by Ted Tchang, 11Owner," described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
Zone Change, and Specific Plan Amendment; on file in the Carlsbad Planning Division, GPA 2017-0003/ZC
2017-0001/AMEND 2017-0011 -OAKMONT OF CARLSBAD, as provided in Government Code Sections
65350 and 65453 et. seq. and Carlsbad Municipal Code Chapter 21.52; and
WHEREAS, the proposed General Plan Amendment is set forth and attached in Exhibit GPA 2017-
0003 (changes to the General Plan Land Use Map), dated October 3, 2018; and
WHEREAS, the proposed Zone Change is set forth and attached in the draft City Council Ordinance,
Exhibit ZC 2017-0001 dated October 3, 2018; and
WHEREAS, the proposed Specific Plan Amendment is set forth and attached in the draft City
Council Ordinance, Exhibit "AMEND 2017-0011," dated October 3, 2018; and
WHEREAS, the Planning Commission did, on October 3, 2018, hold a duly noticed public hearing
as prescribed by law to consider said request; and
November 27, 2018 Item #11 Page 115 of 317
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 Specific Plan Amendment.
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) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011 -
OAKMONT OF CARLSBAD, based on the following findings:
Findings:
General Plan Amendment
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 October 3,
2018, including, but not limited to the following:
a. Land Use and Community Design -The proposed project consists of a request for a
General Plan Amendment to change the General Land Use designation from Planned
Industrial (Pl) to Office (O) and a Zone Change from Planned Industrial (P-M) to Office
(O) to allow the construction and operation of a professional care facility that will
provide shelter for Carlsbad residents in need of social interaction activities, medical
care, dietary, exercising or other medically-recommended programs. Based on
demographic projections this is a demand that will continue to grow. Providing such
services within Carlsbad at various locations will meet the needs of Carlsbad residents.
The general plan amendment will allow land uses that will be compatible with uses
permitted on surrounding property by using high quality building materials, providing
greater setbacks from adjacent open space habitat, and featuring strong architectural
relief and interest that avoids a monotonous design. The amendment is necessary to
respond to changing needs of the city and its inhabitants. In addition, an amendment
to Office from Planned Industrial is not a significant deviation that would usurp the
intent of the area.
b. Mobility -The request for a General Plan Amendment to change the General Land Use
designation from Planned Industrial (Pl) to Office (O) will not create any adverse effects
on mobility than what is already anticipated. The proposed project will generate an
average daily trips (ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for
the site. In addition, the project meets the parking requirements for the proposed use.
A sidewalk and a class 2 bicycle facility exist on Faraday Avenue. Furthermore,
organized shuttle buses offered by the facility shall assist residents with various needs
at organized times, thus reducing traffic and demand for vehicle usage.
PC RESO NO. 7310 -2-November 27, 2018 Item #11 Page 116 of 317
c. Noise -The request for a General Plan Amendment to change the General Land Use
designation from Planned Industrial (Pl} to Office (O) does not impact nor change the
noise contours per the General Plan Noise Element. Lot 1 will remain outside the 60-70
CNEL noise contours per the General Plan Noise Element. The noise analysis for the
project concludes that with standard building construction the noise levels of the
interior of the building and outdoor activity areas will be below City standards. In
addition, the MMRP of EIR 98-08 requires the project to comply with the standard that
is currently in effect.
d. Public Safety -The request for a General Plan Amendment to change the General Land
Use designation from Planned Industrial (Pl} to Office (0), will not impact public safety
given the type of use and location. The proposed buildings are designed to be in
conformance with drainage, flood control and seismic design standards. The project
will meet all required Building and Fire codes. In addition, adequate fire access is
provided at all points around the building.
e. Sustainability -The request for a General Plan Amendment to change the General Plan
Land Use designation from Planned Industrial (Pl} to Office (0) required an analysis of
the potential change in greenhouse gas emissions. As a result a Greenhouse Gas
Analysis was prepared for the professional care facility. The conclusions of the analysis
is that the proposed facility would produce approximately 863 MTCO2e annually. The
projected emissions are less than the 900 MTCO2e screening criterion. By emitting less
than 900 MTCO2e the project will not contribute considerably to cumulative climate
change impacts, and therefore does not need to demonstrate consistency with the CAP.
Zone Change
2. That the proposed Zone Change from Planned Industrial (P-M} to Office (O) is consistent with the
goals and policies of the various elements of the General Plan in that the Office zoning designation
implements the Office General Plan Land Use designation and is compatible with adjacent open
space and planned industrial land uses by using high quality building materials, providing greater
setbacks from adjacent open space habitat, and featuring strong architectural relief and interest
that avoids a monotonous design.
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 proposed
Zone Change from Planned Industrial (P-M} to Office (O) will create consistency between the
General Plan and zoning designations for the property.
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 proposed professional care facility permitted
in the Office zone will provide shelter for Carlsbad residents in need of social interaction activities,
medical care, dietary, exercising or other medically-recommended programs. Based on
demographic projections the demand for professional care facilities will continue to increase. The
project is not detrimental to the public interest, health, safety, convenience or general welfare.
PC RESO NO. 7310 -3-November 27, 2018 Item #11 Page 117 of 317
Specific Plan Amendment
5. The proposed amendment as described by the fourth amendment to Specific Plan 211, is consistent
with the provisions of the General Plan in that complies with the goals, objectives, and policies of
the various elements of the General Plan and can therefore be found to be consistent with the
General Plan. In addition, the amendment promotes growth of various land uses, and provides
enhanced opportunities for a new professional care facility in a desirable location.
6. The proposed plan amendment to apply Carlsbad Municipal Code Chapter 21.27, Office Zone
Standards to Lot 1 and to develop and operate a new professional care facility on Lot 1 will not be
detrimental to the public interest, health, safety, convenience, or welfare of the City in that uses
permitted in the Office zone are compatible with the adjacent open space and nearby light
industrial uses. The use will not create negative noise, traffic, or visual impacts. Lastly, safe ingress
and egress to the site is provided by access off of a private driveway from Faraday Avenue at a
signalized intersection.
7. That the amended Carlsbad Oaks North Specific Plan will continue to be the controlling document
for the development of the Carlsbad Oaks North Business Park, including Lot 1, that which be
regulated by the Carlsbad Municipal Code Chapter 21.27, and will continue to further the objectives
and policies of the General Plan and not obstruct their attainment.
8. The existing streets and thoroughfares are suitable and adequate to carry the anticipated traffic
thereon in that proposed project will generate an average daily trips (ADT) of 466 which is lower
than the 900 ADT EIR 98-08 analyzed for the site. In addition, the project meets the parking
requirements for the proposed use. A sidewalk and a class 2 bicycle facility exist on Faraday
Avenue. Furthermore, organized shuttle buses offered by the facility shall assist residents with
various needs at organized times, thus reducing traffic and demand for vehicle usage.
9. 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.
10. 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:
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
PC RESO NO. 7310 -4-November 27, 2018 Item #11 Page 118 of 317
by Developer or a successor in interest by the City's approval of this General Plan Amendment,
Zone Change, and Specific Plan Amendment.
2. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Specific Plan document(s) necessary to make them internally consistent and
in conformity with final action on the project. Development shall occur substantially as shown in
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 Specific
Plan 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. Within one (1) month of City Council approval, the applicant shall submit to the City Planner a
digital copy and a camera-ready master copy of the fourth amendment to SP 211 AMEND 2017-
0011, in addition to six bound copies of AMEND 2017-0011.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set as ide, void, or annul their imposition.
PC RESO NO. 7310 -5-November 27, 2018 Item #11 Page 119 of 317
PLANNING COMMISSION RESOLUTION NO. 7312
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 98-08 FOR A
GENERAL PLAN LAND USE CHANGE FROM PLANNED INDUSTRIAL TO
OFFICE, A ZONE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, AND
AN AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN TO
APPLY OFFICE ZONE STANDARDS TO LOT 1 AND TO ALLOW
CONSTRUCTION OF A PROFESSIONAL CARE FACILITY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL
FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN
LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME:
CASE NO:
OAKMONT OF CARLSBAD
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011
CUP 2017-0008 (DEV2017-0042)
WHEREAS, Hannah Daugherty, "Developer," has filed a verified application with the City
of Carlsbad regarding property owned by Ted Tchang, "Owner," described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to :
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
("the Property"); and
WHEREAS, on October 8, 2002, the City Council of the City of Carlsbad certified
Environmental Impact Report (EIR) 98-08, adopted-the Candidate Findings of Fact, Statement of
Overriding Consideration, and Mitigation Monitoring and Reporting Program for the Carlsbad Oaks North
Specific Plan that allows for industrial development of lots within the Carlsbad Oaks North Business
Park; and
WHEREAS, the proposed project is construction and operation of a professional care
facility on Lot 1, generally located at the northwest corner of Faraday Avenue and El Fuerte Street; and
WHEREAS, in compliance with the California Environmental Quality Act ("CEQA"), an
Addendum to EIR 98-08-GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-
0042) ("Addendum"), attached as Exhibit "A" dated September 2018, was prepared to determine if the
November 27, 2018 Item #11 Page 139 of 317
preparation of a subsequent or supplemental EIR was required for the Carlsbad Oaks North Specific Plan
Amendment Project; and
WHEREAS, the Planning Commission did on October 3, 2018, hold a_ duly noticed public
hearing as prescribed by law ~o consider said request; and
WHEREAS, the Addendum was presented to the Planning Commission and the Planning
Commission reviewed and considered the information contained in EIR 98-08 and the Addendum prior to
approving the Project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining the Addendum, analyzing the information submitted by City staff, and considering
any written and oral comments received, the Planning Commission considered all factors relating to the
Addendum.
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 APPROVAL of the Addendum to EIR 98-08, based on the following
findings that are supported by substantial evidence in the Record:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the Addendum has been
prepared in accordance with requirements of the California Environmental Quality Act (CEQA),
the CEQA Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad hc1s reviewed, analyzed, and considered the
Addendum with EIR 98-08 prior to RECOMMENDING APPROVAL of the Project, and it reflects the
independent judgment of the City of Carlsbad Planning Commission.
3. The Planning Commission of the City of Carlsbad does hereby find that adopting an Addendum
to EIR 98-08 is appropriate and in conformance with CEQA in this case because no changes or
additions to EIR 98-08 are necessary, and none of the conditions described in Section 15162 of
the CEQA Guidelines calling for preparation of a subsequent EIR have occurred, in that:
-a. There are no significant new environmental effects and no substantial increase in the
severity of a previously identified significant effect. The analysis and mitigation contained
PC RESO NO. 7312 -2-November 27, 2018 Item #11 Page 140 of 317
in EIR 98-08 remain adequate to address all potential impacts of the Carlsbad Oaks North
Specific Plan. The City Planner has determined the potential environmental effects of the
project were adequately analyzed by the September 2018 Addendum (Exhibit A) of Planning
Commission Resolution No. 7312, and by substantial evidence that the prproposed
constructionnd operation of a professional care facility (Oakmont of Carlsbad) on a 6.38-
acre lot will not result in any new impacts or any increase in severity of previously disclosed
impacts beyond those addressed in EIR 98-08. Approval is granted subject to the approval
of Planning Commission Resolution No. 7312 (Addendum) and is subject to all conditions
contained in the Mitigation Monitoring and Reporting Program of EIR 98-08, and Planning
Commission Resolution No's: 7310 and 7312. This project does not amplify any other
potential impacts and does not present new impacts not already considered or addressed
as necessary by existing mitigation measures.
b. There has been no substantial change with respect to the circumstances under which the
Project is being undertaken which would require major revisions to EIR 98-08.
c. There is no new information of substantial importance that was not known and could have
been known with the exercise of reasonable diligence at the time EIR 98-08 was certified.
d. The Project will not have any significant effects not discussed in EIR 98-08.
e. There are no new or additional mitigation measures that need to be added and there are
no mitigation measures previously found not to be feasible that are now found to be
feasible that would substantially reduce one or more significant effects of the Project.
4. The Addendum is incorporated by reference herein, and the findings and substantial evidence
presented in the Addendum are adopted as findings to these proceedings.
PC RESO NO . 7312 -3-
November 27, 2018 Item #11 Page 141 of 317