HomeMy WebLinkAbout2023-09-26; City Council; Resolution 2023-245RESQI._UTION NO. 2023-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT, HILLSIDE
DEVELOPMENT PERMIT, SPECIAL USE PERMIT {FLOODPLAIN, SPECIAL USE
PERMIT-EL CAMINO REAL CORRIDOR DEVELOPMENT STANDARDS) AND A
WAIVER OF GENERAL PLAN OPEN SPACE POLICY 4-P.6 TO ALLOW FOR A
ROAD IMPROVEMENT PROJECT ALONG EL CAMINO REAL GENERALLY
LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON EL CAMINO REAL FROM
SUNNY CREEK ROAD TO JACKSPAR DRIVE WITHIN THE MELLO II SEGMENT
OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENTZONE 15
WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of
Carlsbad described as right-of-way and a portion of property identified by Assessor's Parcel Number
209-060-4800, 209-060-5800, 209-090-1100 ("the Property"); and
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary,
desirable and in the public interest to widen El Camino Real from approximately 2,300 feet from Sunny
Creek Road to Jackspar Drive to add a third northbound vehicular lane through a combination of
roadway widening and pavement restriping, and to add curb and gutter where currently missing; and
WHEREAS, a coastal development permit, hillside development permit, special use permit -
floodplain, special use permit -El Camino Real corridor development standards, and waiver of General
Plan Open Space Policy 4-P.6 to allow for a road improvement project on El Camino Real between
Sunny Creek Road and Jackspar Drive are required to complete the project; and
WHEREAS, a portion of the area outside the existing right-of-way includes approximately 844
square feet currently designated as a Category 3 open space, which is defined as open space for
outdoor recreation; and
WHEREAS, the 844 square feet is included within an area that is landscaped under the existing
conditions and does not have any natural habitat value; and
WHEREAS, the impact to the 844 square feet will require an adjustment to the boundaries of
open space area shown on the General Plan Land Use Map; and
WHEREAS, the General Plan requires that adjustments of the boundaries of any open space
area shown on the Land Use Map be allowed if it is replaced with open space equal in size and
environmental quality and that General Plan Policy 4-P.6 allows for the City Council to exempt public
rights-of-way from the open space boundary adjustment requirements if environmental analysis is
completed and any significant adverse impacts to the value of the open space system are mitigated.;
and
WHEREAS, Carlsbad Municipal Code Section 21.54.040.C.{3) requires all concurrently processed
development permits to be considered and approved by the same decisionmaker, so the requested
coastal development permit, hillside development permit, and special use permits, which normally are
approved by the Planning Commission, also require the City Council's approval; and
WHEREAS, the City Planner has determined that the road improvements are categorically
exempt from the California Environmental Quality Act, or CEQA, pursuant to CEQA Guidelines section
15303{d) Class 3 and that no exception to the exemption as set forth in CEQA Guidelines section
15300.2 applies; and
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 May 3, 2023, hold a duly noticed
public hearing as prescribed by law to consider Coastal Development Permit CDP2021-0044, Hillside
Development Permit HDP2022-0008, Special Use Permit -Floodplain SUP2022-0002, Special Use
Permit-El Camino Real Corridor Development Standards SUP2021-0002, and a waiver of General Plan
Open Space Policy 4-P.6, as referenced in Planning Commission adopted Resolution No. 7484,
Attachment A, 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
Coastal Development Permit CDP2021-0044, Hillside Development Permit HDP2022-0008, Special Use
Permit -Floodplain SUP2022-0002, Special Use Permit -El Camino Real Corridor Development
Standards SUP2021-0002, and waiver of General Plan Open Space Policy 4-P.6; 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 Coastal
Development Permit CDP2021-0044, Hillside Development Permit HDP2022-0008, Special Use Permit
-Floodplain SUP2022-0002, Special Use Permit -El Camino Real Corridor Development Standards
SUP2021-0002, and waiver of General Plan Open Space Policy 4-P.6.
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 approval of Coastal
Development Permit CDP2021-0044, Hillside Development Permit HDP2022-0008,
Special Use Permit -Floodplain SUP2022-0002, Special Use Permit -El Camino Real
Corridor Development Standards SUP2021-0002, and waiver of General Plan Open
Space Policy 4-P.6, are adopted and approved, and that the findings and conditions of
the Planning Commission contained in the Planning Commission adopted Resolution No.
7484 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:
"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 26th day of Sept., 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
�� KEITH BLACKBURN, Mayor
-J0lvv � SHERRY FREISINGER, City Clerk
(SEAL)
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