HomeMy WebLinkAbout2022-02-22; City Council; Resolution 2022-046RESOLUTION NO. 2022-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION,
MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING
A GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM
AMENDMENT TO CHANGE THE LAND USE DESIGNATIONS FROM PLANNED
INDUSTRIAL (Pl) TO VISITOR COMMERCIAL (VC); AND APPROVING A SITE
DEVELOPMENT PLAN AMENDMENT, NON-RESIDENTIAL PLANNED
DEVELOPMENT PERMIT AMENDMENT, MINOR CONDITIONAL USE PERMIT,
AND A COASTAL DEVELOPMENT PERMIT TO DEMOLISH A 10,600-SQUARE-
FOOT OFFICE BUILDING AND CONSTRUCT A 3,932-SQUARE-FOOT CHICK-FIL-
A RESTAURANT ON TWO PROPERTIES (APNS 210-170-08, -09) TOTALING
0.89 ACRES AT 5850 AVENIDA ENCINAS WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT
ZONE 3
CASE NAME:
CASE NO.:
CHICK-FIL-A
GPA 2019-0001/ LCPA 2019-0002/ AMEND 2019-0004/
AMEND 2021-0011/CUP 2021-0017/ CDP 2019-0007
(DEV2018-0177}
EXHIBIT 2
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Carlsbad Municipal Code, the Planning Commission did, on Dec. 1, 2021, hold a
duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program; General Plan Amendment GPA 2019-0001, Zone
Change ZC 2019-0001, and Local Coastal Program Amendment LCPA 2019-0002; and a Site
Development Plan Amendment AMEND 2019-0004, Non-Residential Planned Development Permit
Amendment AMEND 2021-0011, Minor Conditional Use Permit CUP 2021-0017, and Coastal
Development Permit CDP 2019-0007, as referenced in Planning Commission Resolution Nos. 7433,
7434, and 7435; and the Planning Commission adopted Resolution Nos. 7433, 7434, and 7435
recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program; General Plan
Amendment and Local Coastal Program Amendment; and, Site Development Plan Amendment, Non-
Residential Planned Development Permit Amendment, Minor Conditional Use Permit, and Coastal
Development Permit.
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 Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program; General Plan Amendment and
Local Coastal Program Amendment; and Site Development Plan Amendment, Non-Residential Planned
Development Permit Amendment, Minor Conditional Use Permit, and Coastal Development Permit;
and
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 the adoption of a Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program; General Plan Amendment GPA
2019-0001 and Local Coastal Program Amendment LCPA 2019-0002; and approval of Site Development
Plan Amendment AMEND 2019-0004, Non-Residential Planned Development Permit Amendment
AMEND 2021-0011, Minor Conditional Use Permit CUP 2021-0017, and Coastal Development Permit
CDP 2019-0007, are adopted and approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution Nos. 7433, 7434, and 7435 on file with the
City Clerk and incorporated herein by reference, are the findings and conditions of the City Council.
3. That the approval of GPA 2019-0001 as shown on Attachment A "GPA 2019-0001" -
dated Oct. 13, 2021, attached hereto and made a part hereof, shall not be effective until LCPA 2019-
0002 is approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
4. That the approval of LCPA 2019-0002 as shown on Attachment B "LCPA 2019-0002" -
dated Oct. 13, 2021, attached hereto and made a part hereof, shall not be effective until it is approved
by the California Coastal Commission and the California Coastal Commission's approval becomes
effective.
5. 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 Office of 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 22nd day of February 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Bhat-Patel, Acosta, Norby.
None.
Blackburn.
Services Manager
(SEAL)
GPA 2019-0001
Exhibit "GPA 2019-0001"
October 13, 2021
EXISTING
PROPOSED
Chick-fil-A
Related Case File No(s): ZC 2019-0001/LCPA 2019-0002/.AMEND 2019-
0004/AMEND 2021-0011/CDP 2019-0007
General Plan Land Use Designation Changes
Property From: To:
A. 1210-170-08-00 Pl vc
B. 1210-170-09-00 Pl vc
Attachment A
Feb. 22, 2022 Item #2 Page 15 of 241
Exhibit "LCPA 2019-0002 "
October 13, 2021
LCPA 2019-0002 (Land Use)
EXISTING
Pl
(
PROPOSED
CHICK-FIL-A
Related Case File No(s): GPA 2019-0001 / ZC 2019-0001 / AMEND 2019-
0004 / AMEND 2021-0011 / CDP 2019-0007
LCPA Land Use Designation Changes
Property From: To:· -
A. 1210-170-08-00 Pl vc
B. 1210-170-09-00 Pl vc
Attachment B
Feb.22,2022 Item #2 Page 16 of 241