HomeMy WebLinkAbout2003-01-14; City Council; 17038; Adopt Ordinance No. NS-654 Zone Change13 CITY OF CARLSBAD - AGENDA BILL
ADOPTING ORDINANCE NO. NS-654 DEPT. HD. AB# 17,038 AMENDING THE CARLSBAD MUNICIPAL
MTG. 1-14-03 CODE REGARDING THE SMITH PROPERTY
DEPT. CLK (ZC 02-03/LCPA 02-05) CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-654 amending Section 21.05.030 of the Carlsbad Municipal Code
by an amendment to the Zoning Map and the Local Coastal Program Zoning Map to grant a
zone change from C-1-Q to RDM-Q, and to remove the Commercial Visitor-Serving Overlay
Zone on property located on the Southeast Corner of Interstate 5 and Poinsettia Lane in
Local Facilities Management Zone 4, and amending the text of Section 2 “Occidental Land,
Inc.“ Policy 1 of the Mello I segment of the Local Coastal Program.
ITEM EXPLANATION:
Ordinance No. NS-654 was introduced and first read at the City Council meeting held on
December 17, 2002. The second reading allows the City Council to adopt the ordinance,
which would then become effective in thirty days. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 17,019 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-654.
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ORDINANCE NO. NS-654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
THE ZONING MAP AND THE LOCAL COASTAL PROGRAM ZONING MAP TO GRANT A ZONE CHANGE FROM C-1-Q TO
RDM-Q, AND TO REMOVE THE COMMERCIAL VISITOR-
SERVING OVERLY ZONE ON PROPERTY LOCATED ON THE
SOUTHEAST CORNER OF INTERSTATE 5 AND POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 4, AND
AMENDING THE TEXT OF SECTION 2 “OCCIDENTAL LAND,
INC.” POLICY 1 OF THE MELLO I SEGMENT OF THE LOCAL
COASTAL PROGRAM.
CASE NAME: SMITH PROPERTY LAND USE CHANGE
CASE NO.: ZC 02-03 I LCPA 02-05
The City Council of the City of Carlsbad, California 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 maps marked Exhibits “ZC 02-03” and “LCPA 02-05
Zoning”, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 5271, 5273 and 5274 constitute the findings and
conditions of the City Council.
SECTION 111: That Section 2 “Occidental Land, Inc.” Policy 1 of the Mello I
Segment of the City of Carlsbad Local Coastal Program shall read as follows:
“2. Occidental Land, Inc.
Policy 1 - Land Uses
NOTE: The “Occidental Land, Inc.” landowners elected to pay an agriculture conversion fee as required by the Agricultural Subsidy Program
established by the Mello II LCP Segment (AB 1971) adopted and certified
by the Coastal Commission on June 3, 1981. With the election to pay the
“Occidental Land, Inc.” properties to be developed in accordance with the
agriculture conversion fee, the Agricultural Subsidy Program allowed the
land uses described below.
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Pursuant to State Legislation in 1984, the Agricultural Subsidy Program
was replaced with the Agriculture Conversion Mitigation Fee (Public
Resource Code Section 30171.2 and 30171.5) (Mello II Segment Policy
2-1 Option 3).
As per Public Resource Code Section 30171.2, the land use policies
established in 1981 by the adoption of the Mello II Segment remained
“operative” even though the Agricultural Subsidy Program was replaced.
The Occidental Land parcels are hereby designated as follows:
The area located east of Interstate 5 and north of Poinsettia Lane shall be
designated for residential use at a maximum density of 8 dwelling units per acre.
The area located east of Interstate 5 and south of Poinsettia Lane shall be
designated for residential use at a maximum density of 8 dwelling units per acre.
The area located west of Interstate 5 and south of Poinsettia Lane shall be
designated for visitor-serving or neighborhood commercial development
according to Chapter 21.26 of the Carlsbad Zoning Ordinance.
The area located west of Interstate 5 and north of Poinsettia Lane shall be
designated for visitor-serving or neighborhood commercial development
according to Chapter 21.26 of the Carlsbad Zoning Ordinance, provided that a
minimum of 35% is developed as visitor serving uses.’
EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after
its adoption, upon the effective date of GPA 02-02, or upon the effective date of the California
Coastal Commission’s approval of LCPA 02-05, whichever is the last to occur, and the City
Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation within fifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at regular meeting of the Carlsbad City
Council held on the 17th day of DECEMBER , 2002, and thereafter.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 14th day of "L- 2003 by the following vote,
to wit:
JANUARY
AYES: Council Members Lewis, Kulchin, Hall
NOES: Council Members Finnila, Packard
ABSENT: None
ABSTAIN: None
ATTEST:
(SEAL)
Page 3 of 3 of Ord No. NS-654
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney /-I4.03.
-3-
September 4,2007
PROPERTY ZONE CHANGE
I Lot 171 of Carlsbad Tract 73-24. in the City of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 7996. tiled in the Office of the County Recorder of San Diego County, August 5. 1974. I
EXHIBIT 3
SMITH PROPERTY LAND USE CHANGE
GPA 02-02lZC 02-03lLCPA 02-05