HomeMy WebLinkAbout2015-06-17; Planning Commission; Resolution 7107
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
CHANGE AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE
ZONING FROM R-1 TO RD-M ON A PARCEL LOCATED AT 438 TAMARACK
AVE. IN LOCAL FACILITIES MANAGEMENT ZONE 1 AND APPROVAL OF A
DETERMINATION PER CEQA THAT THE PROJECT IS CONSISTENT WITH THE
GENERAL PLAN EIR.
CASE NAME: HENKINS ZONE CHANGE
CASE NO: ZC 15-01/LCPA 15-01
WHEREAS, Hofman Planning & Engineering “Applicant,” has filed a verified application
with the City of Carlsbad for a Local Coastal Program Amendment and Zone Change regarding property
owned by Anthony Henkins, “Owner,” described as:
That portion of tract 231 of Thum Lands, in the City of Carlsbad, County
of San Diego, State of California, according to the map thereof no. 1681,
filed in the office of the County recorder of San Diego County, December
9, 1915
Said parcel being described under Trust “A” of the Henkins Family Trust,
dated November 20, 1987 of official records
(“the property”); and
WHEREAS, said application constitutes a request for a Local Coastal Program
Amendment and as shown on Exhibit “LCPA 15-01” dated June 17, 2015, attached hereto and on file in
the Planning Division, ZC 15-01/LCPA 15-01 – HENKINS ZONE CHANGE, as provided by Government Code
Section 65350 et. seq., Chapter 21.52 of the Carlsbad Municipal Code, and Public Resources Code Section
30514 and Section 13551 of the California Code of Regulations Title 14, Division 5.5; and
WHEREAS, said application constitutes a request for a Zone Change as set forth in the
draft City Council Ordinance, Exhibit “X” dated June 17 2015, and attached hereto ZC 15-01/LCPA 15-01
– HENKINS ZONE CHANGE; and
WHEREAS, the Planning Commission did on June 17, 2015, hold a duly noticed public
hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7107
PC RESO NO. 7107 -2-
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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 Local Coastal Program Amendment and Zone Change; and
WHEREAS, the California Coastal Act requires a six-week public review period for any
amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the state-mandated six-week review period, starting on May 11, 2015 and
ending on June 22, 2015, staff shall present to the City Council a summary of the
comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ZC 15-01/LCPA 15-01 – HENKINS ZONE CHANGE, based on
the following findings and subject to the following conditions:
Findings:
1. That the proposed Zone Change from R-1 (One Family Residential) to RD-M (Residential Density
Multiple) is consistent with the goals and policies of the various elements of the General Plan, in
that the zoning map shall be amended to be consistent with and to implement the General Plan
Land Use map, which provides consistency between the General Plan and Zoning as mandated
by California state law and the General Plan Land Use Element.
2. That with the proposed Zone Change from R-1 to RD-M, the impacts on public facilities created
by the project and its compliance with the adopted performance standards are consistent with
Local Facilities Management Zone 1 of the northwest quadrant of the city’s Growth Management
Program.
3. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in that the residential uses allowed by the
proposed zone change are compatible with the adjacent and future residential uses in the area.
4. That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello
II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that
the amendment ensures consistency with the Carlsbad Zoning Ordinance and does not conflict
with any coastal zone regulations or policies with which future development must comply.
5. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is
required to bring it into consistency with the Carlsbad Zoning Ordinance.
. . .
. . .
PC RESO NO. 7107 -3-
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6. The City Planner has determined that:
a. pursuant to CEQA Guidelines Section 15183, projects which are consistent with the
development density established by an existing general plan for which an EIR was certified
shall not require additional environmental review, except as might be necessary to
examine whether there are project-specific significant effects which are peculiar to the
project or its site. Therefore, as the zone change is consistent with the existing
development density established with the RMH land use designation, it may rely on the
City of Carlsbad General Plan EIR 93-01 which was certified March 1994 in connection
with the update and adoption of the General Plan;
b. based on the previous CEQA compliance the zone change does not propose a substantial
change or result in peculiar environmental effects that would require major revisions to
the General Plan Update EIR 93-01, there have been no substantial changes in
circumstances under which the zone change is proposed that would require revisions to
the EIR due to new or more severe significant environmental effects than previously
analyzed, no new information of substantial importance as described in CEQA section
15183 has been revealed that would require major revisions to the EIR, there is no
substantial evidence the project will have a significant effect on the environment and no
further environmental analysis is required;
c. none of the circumstances requiring an Addendum to the EIR, a Subsequent EIR or a
Supplemental EIR under CEQA Guidelines Sections 15162, 15163, or 15164 exist.
Conditions:
1. Applicant/Owner 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 local coastal program amendment and zone change, and (b) City’s approval
or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the local coastal program amendment and zone change contemplated herein. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s approval
is not validated.
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LCPA 15-01 (Zoning)Henkins Zone Change
June 17, 2015Exhibit "LCPA 15-01"
EXISTING
PROPOSED
R-1 R-1
OS
R-3
From:To:A. 204-280-23 R-1 RD-MB.C.
Related Case File No(s): LCPA 15-01
Zoning Designation ChangesProperty
R-1
RD-M RD-M-Q
RD-M
R-1 R-1
OS
R-3
RD-M
RD-M RD-M-Q
RD-M
Exhibit “X”
June 17, 2015
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD
MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT
A ZONE CHANGE FROM ONE FAMILY RESIDENTIAL (R-1) TO RESIDENTIAL
DENSITY MULTIPLE (RD-M) FOR 0.38 ACRE PARCEL LOCATED AT 438
TAMARACK AVENUE, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HENKINS ZONE CHANGE
CASE NO.: ZC 15-01
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on the _______ day of __________, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit
“ZC 15-01 – HENKINS ZONE CHANGE,” dated May 20, 2015, attached hereto and made a part hereof; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to
the “ZC 15-01 – HENKINS ZONE CHANGE.”
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map,
is amended as shown on the map marked “ZC 15-01 – HENKINS ZONE CHANGE,” dated June 17, 2015,
attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7107 shall also constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at
least once in a publication of general circulation in the City of Carlsbad within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
day of 2015, and thereafter.
ORDINANCE NO.
-2-
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on
the day of 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)
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ZC 15-01 Henkins Zone Change
June 17, 2015Exhibit "ZC 15-01"
EXISTING
PROPOSED
R-1 R-1
OS
R-3
From:To:A. 204-280-23 R-1 RD-MB.C.
Related Case File No(s): LCPA 15-01
Zoning Designation ChangesProperty
R-1
RD-M RD-M-Q
RD-M
R-1 R-1
OS
R-3
RD-M
RD-M RD-M-Q
RD-M