HomeMy WebLinkAbout2013-04-16; City Council; CS-208; Quarry Creek Master Plan ZC 11-04...1
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ORDINANCE NO. CS-208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTION
21.05.030 OF THE CARLSBAD MUNICIPAL CODE
(ZONING MAP) BY CHANGING THE ZONING FROM
INDUSTRIAL (M) AND ONE FAMILY RESIDENTIAL,
10,000 SQUARE FOOT MINIMUM LOT SIZE (R-1-10,000)
TO PLANNED COMMUNITY (PC) ON PROPERTY
GENERALLY LOCATED SOUTH OF HAYMAR DRIVE AND
WEST OF COLLEGE BOULEVARD IN THE NORTHEAST
QUADRANT OF THE CITY IN LOCAL FACILITIES
MANAGEMENT ZONE 25.
CASE NAME: QUARRY CREEK MASTER PLAN
CASE NO.: ZC 11-04
WHEREAS, Quarry Creek Investors, LLC ("Applicant") submitted an
application for approval of the Quarry Creek Master Plan, MP 10-01 ("Project") on 156
acres generally located south of Haymar Drive and west of College Boulevard in the
northeast quadrant of the City of Carisbad in Local Facilities Management Zone 25; and
WHEREAS, said application includes, among other things, a request for
approval of Zone Change ZC 11-04 to amend Section 21.05.30 of the Carisbad Municipal
Code (Zoning Map) by changing the zoning from Industrial (M) and one-family residential,
10,000 square foot minimum lot size (R-1, 10,000) to Planned Community (PC) on
property generally located south of Haymar Drive and west of College Boulevard in the
northeast quadrant ofthe City of Carisbad in Local Facilities Management Zone 25; and
WHEREAS, on February 20, 2013 and March 6, 2013, the Carlsbad
Planning Commission held duly noticed public hearings to consider the proposed Project
and Zone Change ZC 11-04 and adopted Planning Commission Resolution No. 6937
recommending approval of Zone Change ZC 11-04; and
WHEREAS, on March 26, 2013 and April 2, 2013, the City Council of the
City of Carisbad ("City Council") held duly noticed public hearings as prescribed by law to
consider said recommendation; and
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WHEREAS at said public hearings, the City Council heard and considered
all testimony and materials presented by all persons desiring to be heard, and considered
all factors relating to the Project and Zone Change ZC 11-04; and
WHEREAS, on April 2, 2013, the City Council adopted a resolution
certifying the Final Environmental Impact Report EIR 11-02 for the Quarry Creek Master
Plan and adopting Findings of Fact, a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program in compliance with the California
Environmental Quality Act;
WHEREAS, the City Council is authorized by Government Code section
65850 to establish or amend a zoning classification by approval of an ordinance; and
NOW, THEREFORE, the City Council of the City of Carisbad does ordain
as follows:
SECTION I: That the above recitations are true and correct.
SECTION II: That Zone Change ZC 11-04 to amend Section 21.05.30 of
the Carisbad Municipal Code (Zoning Map) is adopted as shown on the map marked "ZC
11-04 - QUARRY CREEK MASTER PLAN," dated February 6, 2013, attached hereto and
made a part hereof.
SECTION III: That the findings of the Planning Commission in Planning
Commission Resolution No. 6937 for the Zone Change shall also constitute the findings of
the City Council.
SECTION IV: That on the effective date of this ordinance, Section
21.50.030 of the Carisbad Municipal Code, being the Official Zoning Map of the City of
Carisbad, shall be amended to reflect the Zone Change approved in Section I above.
SECTION V: That the parties are hereby informed that the time within
which judicial review of this decision to adopt Zone Change ZC 11-04 to amend Section
21.05.30 of the Carisbad Municipal Code (Zoning Map) must be sought is governed by
Section 1094.6 of the Code of Civil Procedure.
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SECTION VI: Severability: That if any section, subsection, sentence,
clause or phrase of this Ordinance is for any reason held to be unconstitutional and invalid,
such decision shall not affect the validity of the remaining portion of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance and every section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, clauses or phrases be declared unconstitutional or invalid.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attomey to be
published at least once in a newspaper of general circulation in the City of Carisbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 2nd day of April, 2013, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carisbad on the 16th day of April. 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
J
CELIA BREWER, City Attorney
III
III
ATTEST:
City Clerk
(SEAL)
Exhibit "ZC 11-04"
February 6, 2013
ZC 11-04 Quarry Creek Master Plan
City of Oceanside
R-1-10,000
•'-SEABURY'ST-
EXISTING
City of Oceanside
R-P-Q/
C-T-Q
R-1-10,000
P-C
V OS /
R-1/ ^
•••8. " \
i f R-l . d^
^0^^ SEABURY ST J '
• Q..'s\ j^ysTI^JGS DR
s,MSBORY^;r p_Q
PROPOSED
Related Case File No(s): GPA 11-09
Zoning Designation Changes
Property From: To:
A. 167-040-21-00 R-1-10,000/M P-C
B. 167-040-11-00 R-1-10,000 P-C