HomeMy WebLinkAbout2009-08-18; City Council; Resolution 2009-2131 RESOLUTION NO. 2009-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT 01-02, ADOPTING THE CANDIDATE FINDINGS
OF FACT, THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING A GENERAL PLAN
5 AMENDMENT (GPA 01-02) TO AMEND THE LAND USE AND
OPEN SPACE AND CONSERVATION ELEMENTS OF THEb GENERAL PLAN, A LOCAL FACILITIES MANAGEMENT PLAN
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AMENDMENT 87-11(C), CARLSBAD TRACT MAP 01-09,
CARLSBAD TRACT MAP 08-03, CARLSBAD TRACT MAP 08-07,
CONDOMINIUM PERMIT 01-03, NON-RESIDENTIAL PLANNED
DEVELOPMENT PERMIT 08-09, HILLSIDE DEVELOPMENT
PERMIT 01-05, SITE DEVELOPMENT PLAN 01-04, VARIANCE
08-02, CONDITIONAL USE PERMIT 04-18, CONDITIONAL USE
PERMIT 08-01, CONDITIONAL USE PERMIT 08-02,
CONDITIONAL USE PERMIT 08-03, CONDITIONAL USE PERMIT
08-04, CONDITIONAL USE PERMIT 08-05, CONDITIONAL USE
PERMIT 08-06, AND CONDITIONAL USE PERMIT 08-07 FOR
THE LA COSTA TOWN SQUARE PROJECT GENERALLY
LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA
AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN
THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
15 CASE NO.: EIR 01-02/GPA 01-02/LFMP 87-11(C)/CT 01-
09/CT 08-03/CT 08-07/CP 01-03/PUD 08-
° 09/HDP 01-05/SDP 01-04/V 08-02/CUP 04-
17 18/CUP 08-01/CUP 08-02/CUP 08-
03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07
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The City Council of the City of Carlsbad, California does hereby resolve as follows:
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission did, on July 1, 2009 and July 15, 2009, hold duly noticed public hearings as
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prescribed by law to consider a proposed Environmental Impact Report EIR 01-02,
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General Plan Amendment 01-02, Local Facilities Management Plan Amendment 87-23
11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07,
Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside
26 Development Permit 01-05, Site Development Plan 01-04, Variance 08-02, Conditional
Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02,
Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-
05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07; and adopted
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4 CT 08-07, CP 01-03, PUD 08-09, HDP 01-05, SDP 01-04, V 08-02, CUP 04-18, CUP 08-
5 01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07
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Planning Commission Resolutions Number 6577, 6578, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597
recommending approval of EIR 01-02, GPA 01-02, LFMP 87-11(C), CT 01-09, CT 08-03,
respectively; and
WHEREAS, the City Council of the City of Carlsbad, did hold duly noticed public
hearings on August 11, 2009 and August 18, 2009, and heard and received the staff
report including those set forth on the Errata sheet dated August 11, 2009 from Senior
Planner Van Lynch to the City Council, the testimony of the applicant and all persons
interested or opposed to the EIR 01-02, GPA 01-02, LFMP 87-11(C), CT 01-09, CT 08-03,
CT 08-07, CP 01-03, PUD 08-09, HDP 01-05, SDP 01-04, V 08-02, CUP 04-18, CUP 08-
01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07 and
carefully considered in its deliberations all such testimony, evidence, arguments and
documents; and
WHEREAS, an Environmental Impact Report was prepared and submitted to the
State Clearing House and a Notice of Completion filed, published, and mailed to
responsible agencies and interested parties providing a 45 day review period. All
comments received from that review period are contained in the Final program EIR as well
as the response to comments; and
WHEREAS, the Planning Commission and the City Council considered a range of
land use designations for this parcel including making no changes or making changes
ranging from residential low (RL) to residential high (RH); and
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WHEREAS, the designation of RM by the City Council is not a substantial change
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WHEREAS, it is not necessary to remand this matter back to the Planning
Commission because those designations had been previously reviewed and considered
by the Planning Commission and there were no substantial changes as determined by the
4 City Council; and
c WHEREAS, after careful consideration the City Council determined to designate
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that portion of the property recommended as RH and bounded by the abandoned Rancho
Santa Fe Road to the west, the existing residential development designated RLM to the
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east, the existing Rancho Santa Fe Road to the south as residential medium (RM); and
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WHEREAS, the developer submitted a refined project analysis in its letter of
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August 13, 2009; and
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WHEREAS, the refined project will not have any adverse environmental impacts
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not previously considered in the proposed environmental impact report as more fully
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explained in the memorandum of August 13, 2009 to Ronald R. Ball, City Attorney and as
made part of the record.
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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 Environmental Impact Report (EIR 01-02) for the La Costa Town
Square project is certified and that the Candidate Findings of Fact, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program are
adopted and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolution Number 6577, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3. That the recommendation of the Planning Commission, except as modified
herein, for the approval of the General Plan Amendment 01-02, Local Facilities
Management Plan Amendment 87-11 (C), Carlsbad Tract 01-09, Carlsbad Tract Map 08-
03, Carlsbad Tract 08-07, Condominium Permit 01-03, Non-Residential Planned
Development Permit 01-04, Hillside Development Permit 01-05, Site Development Plan
01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01,
Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-
04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use
Permit 08-07 is approved and that the findings and conditions of the Planning Commission
contained in Planning Commission Resolutions No. 6578, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 on file with
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the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council with the addition of the following condition:
To the extent permitted by all applicable laws, Owner shall include in its CC&Rs a
prohibition on entering into a lease with any tenant which requires more than
100,000 square feet, allocates more than 10% of the floor space to non-taxable
4 items or offers more than 30,000 separate stock-keeping units or such other lesser
amount as typically offered by big box retailers; and (b) prior to the execution of
any such lease described above, the matter shall be returned to the City Council
6 for consideration of an amendment of this condition.
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1 9 6. That the staff is directed to amend all appropriate documents and maps to
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4. That the project site by itself will provide the normal services to meet the
everyday needs of the local neighborhood in keeping with the intent and purpose of the
Local Shopping Center Zone (C-L) and the Local Shopping Center General Plan Land
Use designation. The range of goods shall not include a big-box component as
conditioned in Ordinance No. CS-051.
5. That the alignment and grading for Rancho Santa Fe Road, a Circulation
Element roadway, was an environmentally preferred location pursuant to EIR 91-01
certified on June 2,1992, that impacts the project site as identified in HDP 01-05.
make them consistent with the Council's intent in approving the General Plan Amendment
and underlying rezoning.
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7. This action is final the date this resolution is adopted by the City Council.
15 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
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"NOTICE TO APPLICANT"
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The time within which judicial review of this decision must be sought
18 is governed by Code of Civil Procedure, Section 1094.6, which has
been made applicable in the City of Carlsbad by Carlsbad Municipal
Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the nineteenth
day following the date on which this decision becomes final;
however, if within ten days after the decision becomes final a
request for the record of the deposit in an amount sufficient to cover
22 the estimated cost or preparation of such record, the time within
which such petition may be filed in court is extended to not later
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than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record,
if he has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, CA 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of August, 2009, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE^. WOOtl.Jpity C'lerk
Jl«\s
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(SEAL)