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HomeMy WebLinkAbout2009-01-13; City Council; 19696; SeascapeCITY OF CARLSBAD - AGENDA BILL 3 AB# 19,696 MTG. 1/13/09 DEPT. Clerk SEASCAPE (ZC 05-10) DEPT. HEAD £ffi CITY ATTY. U CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-021 approving an amendment to Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change, ZC 05-10, from Limited Control (L-C) to One-Family Residential (R-1) and Open Space (OS) on property located on the northeast corner of Blackrail Road and Avena Court East in Local Facilities Management Zone 20. ITEM EXPLANATION: Ordinance No. CS-021 was introduced and first read at the City Council meeting held on January 6, 2009. 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. 19,691 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-021. DEPARTMENT CONTACT: KAREN R. KUNDTZ, 760-434-2808, kkund@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED # D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D 1 ORDINANCE NO. CS-021 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 05-10, 4 FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) AND OPEN SPACE (OS) ON PROPERTY 5 GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACKRAIL ROAD AND AVENA COURT EAST IN LOCAL 6 FACILITIES MANAGEMENT ZONE 20. CASE NAME: SEASCAPE 7 CASE NO.: ZC 05-10 8 WHEREAS, the City Council did on the 6tb day of January 2009. hold a duly 9 noticed public hearing as prescribed by law to consider said request; and 10 WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 05-10" dated November 5, 2008, attached hereto and made a part hereof; and 12 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 05-10 - Seascape. I5 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:16 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the City's zoning map, is amended as shown on the map marked Exhibit "ZC 05-10," dated 1 o November 5, 2008 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. 6500 constitute the findings and conditions of the 22 City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption but not until Local Coastal Program Amendment LCPA 05-06 is approved by 25 the California Coastal Commission, 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 27 City of Carlsbad within fifteen days after its adoption. 28 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6- day of January. 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13- day of January. 2009 by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY \ aczj& RONAtD R. BALL, City Attorney E A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) ZC 05-10 Exhibit "ZC 05-10" November 5, 2008 Seascape t K* :•'' ^..S-M* i'*.*1 «""v *' ;•-*" li^r"$>$0?? , ,T _«-jt*s" , A^F^a.^- *|r T-*"^4^^;4i^^,;iMJt«"». * f<?. t-rf•*** '-V.lfilfe' *• r "i—i* ! ! D U-ft °j i BikQ J & P-C EXISTING PROPOSED Related Case File No(s): GPA OS-11/ LCPA 05-06/ CT 05-18/ PUD 05-14/ SDP 05-12/ CDP 06-37/ HDP 06-02/ HMP 07-09 Zoning Designation Changes A. B. Property 215-040-09 215-040-11 From: L-C L-C To: R-1/OS R-VOS