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HomeMy WebLinkAbout2010-06-29; City Council; 20294; Muroya SubdivisionCITY OF CARLSBAD - AGENDA BILL AB# 20,294 MTG. 6-29-10 DEPT. CLERK MUROYA SUBDIVISION SP203(D)/ZC 06-08 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-091. amending Section 21.05.030 of the Carlsbad Municipal Code, by an amendment to the zoning map to grant a zone change from limited control (L-C) to residential density-multiple (RD-M), one-family residential (R-1), and open space (O-S), on five lots, on a 20.27 acre property generally located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road, in Local Facilities Management Zone 20; and Adopt Ordinance No. CS-092. adopting an amendment to the Zone 20 Specific Plan (SP 203(D)) to change the general plan land use designation from residential low-medium density (RLM) to residential medium (RM), residential low-medium density (RLM), and open space (OS), and change the zoning from limited control (L-C) to residential density-multiple (RD-M), one-family residential (R-1), and open space (O-S) on a 20.27 acre site within planning area "E" of the Zone 20 specific plan on property generally located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road, in Local Facilities Management Zone 20. ITEM EXPLANATION: Ordinance Nos. CS-091 and CS-092 were introduced and first read at the City Council meeting held on June 22, 2010. The second reading allows the City Council to adopt the ordinances which will become effective thirty days after adoption. The City Clerk will have the ordinances published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,283 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-091. 2. Ordinance No. CS-092. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 ORDINANCE NO. 2010-091 2 AN ORDINANCE OF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 06-08) 4 ON FIVE LOTS FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), ONE-FAMILY 5 RESIDENTIAL (R-1), AND OPEN SPACE (OS) ON A 20.27 ACRE PROPERTY GENERALLY LOCATED NORTH OF AVIARA 6 PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL 7 FACILITIES MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION 8 CASE NO.: ZC 06-08 9 WHEREAS, the City Council did on the 22nd day of June, 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 12 on Exhibit "ZC 06-08 - MUROYA SUBDIVISION," dated April 7, 2010, 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 06-08 - Muroya Subdivision. 17 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 18 follows: 1 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked "ZC 06-08 - Muroya Subdivision," dated April 7, 2010, attached hereto and made a part hereof. 22 SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6683 shall also constitute the findings and conditions of 24 the City Council. 25 26 27 /" 28 /// 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 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption but not until LCPA 06-09 is approved by 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 City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City Council on the 22nd day of June, 2010, and thereafter. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 29tb day of JUNE _ , 2010, 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 R. BALL, City Attorey ATTEST: NE W^WOOD, City Clerk Exhibit "ZC 06-08" April?, 2010 ZC 06-08 Muroya Subdivision EXISTING PROPOSED Related Case File No(s): GPA 06-09 / SP 203D / LCPA 06-09 CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02 Zoning Designation Changes Property A. B. C. 215-040-03 From: L-C To: R-1 / RD-M / OS f 1 ORDINANCE NO. 2010-092 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO 3 THE ZONE 20 SPECIFIC PLAN (SP 203(D)) TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESI- 4 DENTIAL LOW-MEDIUM DENSITY (RLM) TO RESIDENTIAL MEDIUM (RM), RESIDENTIAL LOW-MEDIUM DENSITY (RLM), 5 AND OPEN SPACE (OS) AND CHANGE THE ZONING FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY- 6 MULTIPLE (RD-M), ONE-FAMILY RESIDENTIAL (R-1), AND OPEN SPACE (OS) ON A 20.27 ACRE SITE WITHIN PLANNING 7 AREA "E" OF THE ZONE 20 SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, 8 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES 9 MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION 10 CASE NO.: SP 203(D) 11 The City Council of the City of Carlsbad, California, does ordain as follows: 12 WHEREAS, the Zone 20 Specific Plan was originally adopted by City Council Ordinance No. NS-257 on December 14, 1993 and has since been amended (SP 203(C)) and contains the uses, development standards and design guidelines for the development of the subject property; and 16 WHEREAS, the City Council of the City of Carlsbad has reviewed and 17 considered a Specific Plan Amendment (SP 203(D)) for the Zone 20 Specific Plan; and 1 Q0 WHEREAS, after procedures in accordance with requirements of law, the City 19 Council has determined that the public interest indicates that said Specific Plan Amendment (SP 20 203(D)) be approved. 21 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 22 follows: SECTION 1: That Specific Plan (SP 203(D)), on file in the Planning Department, 24 and incorporated herein by reference, is adopted. The Zone 20 Specific Plan (SP 203(D)) shall constitute the development plan for the property and all development within the plan area shall conform to the plan. 27 SECTION 2: That the Zone 20 Specific Plan (SP 203), as amended to date, and 2g further amended by Specific Plan Amendment 203(D), dated April 7, 2010, is approved. 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 SECTION 3: That Specific Plan Amendment (SP 203(D)) replaces Exhibit 3 - General Plan, Exhibit 7 - Existing Zoning, and Exhibit 10 - Open Space and text on Pg. 121- 124 in the Zone 20 Specific Plan, as shown on Exhibits "SP 203(D)" attached. SECTION 4: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6684 shall constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective 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 22nd day of June, 2010, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 29tbday of JUNE 2010, by the following vote, to wit: AYES' COUNCIL MEMBERS LEWIS, KULCHIN, HALL, PACKARD AND BLACKBURN. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. iVED AS TO FORM AND LEGALITY ROWALD/R. BALL/CityAttorne ATT ; jLJUU.. 'D, City Clerk 6