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HomeMy WebLinkAbout2021-10-19; City Council; Resolution 2021-240RESOLUTION NO. 2021-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE DESIGNATIONS ON A 2.66-ACRE PARCEL FROM REGIONAL COMMERCIAL (R) TO OPEN SPACE (OS), AND A MINOR SITE DEVELOPMENT PLAN, FLOODPLAIN SPECIAL USE PERMIT, HABITAT MANAGEMENT PLAN PERMIT AND MINOR SUBDIVISION TO 1) SUBDIVIDE A 2.66 ACRE PARCEL INTO TWO OPEN SPACE PARCELS TO CORRESPOND WITH A PROPOSED HABITAT RESTORATION/WETLAND BUFFER AREA; 2) ALLOW FOR FIRE/MAINTENANCE/PEDESTRIAN ACCESS; REALIGNMENT OF AN EXISTING STORM DRAIN LINE; IMPROVEMENTS TO AN EXISTING STORM DRAIN OUTLET; REALIGNMENT OF AN EXISTING SEWER LINE, ADDITION OF A NEW WATER SERVICE LINE; AND MINOR GRADING WITHIN THE 100-YEAR FLOODPLAIN; 3) ALLOW FOR MINOR IMPROVEMENTS TO THE SHOPPES AT CARLSBAD RING ROAD AND PARKING LOT; AND 4) ALLOW FOR THE INCIDENTAL TAKE OF SPECIES OF CONCERN IN ASSOCIATION WITH DEVELOPMENT OF AN APPROVED HOTEL PROJECT IN THE CITY OF OCEANSIDE ALONG CARLSBAD'S NORTHERN BORDER GENERALLY LOCATED SOUTH OF STATE ROUTE 78 AND EAST OF JEFFERSON STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CASE Nos.: INNS AT BUENA VISTA CREEK GPA 14-05/LCPA 14-05/SDP 14-14/SUP 14-05/ HMP 14-03/MS 14-12 (DEV14058) EXHIBIT 2 WHEREAS, Jenna Development, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Crown Jewel Properties, LLC and the City of Carlsbad, "Owners," described as Parcel 2 of Parcel Map No. 15975, in the city of Carlsbad, filed in the Office of the County Recorder of San Diego, February 2, 1990; and Lot 27 of Carlsbad Tract No. CT 76-18 (Plaza Camino Real Shopping Center) in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 8956, filed in the Office of the County Recorder of San Diego, County, August 11, 1978 (the Property), and in association with a hotel development project in the City of Oceanside (Project); and Oct. 19, 2021 Item #6 Page 15 of 109 WHEREAS, pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the City of Oceanside is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the Project. The City of Carlsbad is the public agency (Responsible Agency), which has discretionary approval power over the portion(s) of the Project under its jurisdiction; and WHEREAS, such Project was the subject of an Final Environmental Impact Report (FEIR) entitled "The Inns at Buena Vista Creek" (SCH No. 2014061090), prepared by the City of Oceanside as the Lead Agency under CEQA, and the FEIR and related Mitigation Monitoring and Reporting Program was adopted by the City Council of the City of Oceanside on July 27, 2020; and WHEREAS, the City Council of the City of Carlsbad is the decision-making body for the portion of the Project within its jurisdiction, to include a request for a General Plan and Local Coastal Program land use amendment, minor site development plan, floodplain special use permit, habitat management plan permit, minor subdivision, and site improvements as shown in Attachment A (GPA 14-05 -Inns at Buena Vista Creek), Attachment B (LCPA 14-05 -Inns at Buena Vista Creek), and Attachment C (Inns at Buena Vista Creek development plan) and incorporated herein by this reference as though fully set forth herein; and WHEREAS, under the authority of section 19.04.030 of the Carlsbad Municipal Code, the City Planner has the responsibility to carry out the general administration of CEQA and CEQA Guidelines on behalf of the city, including the process for a Responsible Agency (CEQA Guidelines section 15096). The City Planner has carefully reviewed and considered all environmental documentation comprising the FEIR, including the Draft EIR and the revisions and additions thereto, the technical appendices and referenced documents, and the public comments and the responses thereto, and has found that the Oct. 19, 2021 Item #6 Page 16 of 109 FEIR considers all potentially significant environmental impacts of the Project and is complete and adequate, and fully complies with all requirements of CEQA and the CEQA Guidelines. The City Planner is the custodian of documents and record of proceedings on which this decision was based, and those records are available for inspection by any interested person; and WHEREAS, the Planning Division of the Community Development Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for July 7, 2021, at which interested persons were given the opportunity to appear and present their views with respect to said proposed Project actions. Following the public hearing on July 7, 2021, the Planning Commission adopted Resolution Nos. 7418 and 7419, which recommended that the City Council, among other things, recommend approval of the Project; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider said General Plan Amendment, Local Coastal Program Amendment, Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan, and Minor Subdivision; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the General Plan Amendment, Local Coastal Program Amendment, Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan, and Minor Subdivision. 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 upon consideration of the Findings, all material in the October 19, 2021 City Council staff report (a copy of which is on file with the Office of the City Clerk), public testimony presented at the hearing, and all other oral and written evidence on this Project, this City Council approves the Oct. 19, 2021 Item #6 Page 17 of 109 General Plan and Local Coastal Program land use amendment, minor site development plan, floodplain special use permit, habitat management plan permit, minor subdivision, and site improvements as depicted in Attachment A (GPA 14-05 -Inns at Buena Vista Creek), Attachment B (LCPA 14-05 -Inns at Buena Vista Creek), and Attachment C (Inns at Buena Vista Creek development plan). 3. That the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 7418 and 7419 on file with the City Clerk and incorporated herein by this reference, are the findings and conditions of the City Council. 4. That concurrently with this resolution, the City Council is taking a nu_mber of actions in furtherance of the Project, as generally described by the October 19, 2021 City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an ordinance or resolution and is procedurally effective in the manner provided by state law. Therefore, this resolution shall become effective and operative only if the companion City Council ordinance is approved; and effective and operative on the day immediately subsequent to the date that ordinance becomes effective. 5. That this resolution authorizes city staff to file an application to the California Coastal Commission to amend the Local Coastal Program. The approval of GPA 14-05 as shown on Attachment A (GPA 14-05 -Inns at Buena Vista Creek), attached hereto and made a part hereof, shall not be in full force and effect until LCPA 14-05 is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 6. That this resolution authorizes city staff to file an application to the California Coastal Commission to amend the Local Coastal Program. The approval of LCPA 14-05 as shown on Attachment B, attached hereto and made a part hereof, shall not be in full force and effect until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. Oct. 19, 2021 Item #6 Page 18 of 109 7. 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: "NOTICE" The time within which judicial review of this decision must be sought 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 ninetieth 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 is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later 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. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of October 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. Oct. 19, 2021 Item #6 Page 19 of 109 PLAZACAMINOREALDYJEFFERSON STPLAZACAMINOREALDYJEFFERSON STGPA 14-05 INNS AT BUENA VISTA CREEK Exhibit "GPA 14-05" EXISTING PROPOSED O c e a n s i d e OS OS OS R OS R R R R O c e a n s i d e R R July 7, 2021 From:To: A. 156-301-17 R / OS OS Related Case File No(s): ZC 14-03 / LCPA 14-05 / SDP 14-14 SUP 14-05 / HMP 14-03 / MS 14-12 General Plan Land Use Designation Changes Property Attachment A Page 1 of 1 Oct. 19, 2021 Item #6 Page 20 of 109 PLAZACAMINOREALDYJEFFERSON STPLAZACAMINOREALDYJEFFERSON STINNS AT BUENA VISTA CREEK EXISTING PROPOSED O c e a n s i d e OS OS R OS OS R R R R O c e a n s i d e R R LCPA 14-05 (Land Use) Exhibit "LCPA 14-05" COASTAL ZONEBOUNDARY COASTAL ZONEBOUNDARY July 7, 2021 From:To: A. 156-301-17 R / OS OS Related Case File No(s): GPA 14-05 / ZC 14-03 / SDP 14-14 SUP 14-05 / HMP 14-03 / MS 14-12 LCPA Land Use Designation Changes Property Attachment B Page 1 of 1 Oct. 19, 2021 Item #6 Page 21 of 109 Attachment C Page 1 of 49 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49 Oct. 19, 2021 Item #6 Page 69 of 109 Attachment C Page 49 of 49 Oct. 19, 2021 Item #6 Page 70 of 109 Exhibit 3 CITY OF CARLSBAD CITY OF OCEANSIDE APN 156-301-17 APN 156-301-11 Hotel Development Site Oct. 19, 2021Item #6 Page 71 of 109 Exhibit 4 Oct. 19, 2021Item #6 Page 72 of 109 EXHIBIT 5 Oct. 19, 2021 Item #6 Page 73 of 109 PLANNING COMMISSION RESOLUTION NO. 7418 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT, ZONE CHANGE, AND LOCAL COASTAL PROGRAM AMENDMENT TO MODIFY THE LAND USE (LCPAND GENERAL PLAN LAND USE MAPS) AND ZONING (LCP AND CITYWIDE ZONING MAPS) DESIGNATIONS ON A 2.66-ACRE PARCEL FROM REGIONAL COMMERCIAL (R) TO OPEN SPACE (OS) AND FROM GENERAL COMMERCIAL (C-2) TO OPEN SPACE (OS) TO CORRESPOND WITH A PROPOSED WETLAND BUFFER/HABITAT RESTORATION AREA FOR AN APPROVED HOTEL DEVELOPMENT PROJECT IN THE CITY OF OCEANSIDE ALONG CARLSBAD'S NORTHERN BORDER GENERALLY LOCATED SOUTH OF STATE ROUTE 78 AND EAST OF JEFFERSON STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: INNS AT BUENA VISTA CREEK CASE NO: GPA 14-05/ZC 14-03/LCPA 14-05 (DEV14058) WHEREAS, Jenna Development, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Crown Jewel Properties, LLC, "Owner," described as Parcel 2 of Parcel Map No. 15975, in the city of Carlsbad, filed in the Office of the County Recorder of San Diego, February 2, 1990 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment as shown on Exhibit(s) "GPA 14-05", "ZC 14-03" and "LCPA 14-05" dated July 7, 2021, attached hereto and on file in the Carlsbad Planning Division, GPA 14-05/ZC 14-03/LCPA 14-05 -INNS AT BUENA VISTA CREEK, as provided in Government Code Section 65350 et. seq., Section 21.52.030 of the Carlsbad Municipal Code; and Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5, respectively; and WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set forth in the draft City Council Ordinance, EXHIBIT "X" dated July 7, 2021, and attached hereto as ZC 14- 03/LCPA 14-05 -INNS AT BUENA VISTA CREEK; and WHEREAS, the Planning Commission did, on July 7, 2021, hold a duly noticed public hearing as prescribed by law to consider said request; and