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HomeMy WebLinkAbout2010-09-14; City Council; 20357; PALOMAR COMMONS ZONE CHANGEREVISED CITY OF CARLSBAD - AGENDA BILL AB# 20,357 I MTG. 9/14/2010 ' DEPT. CLERK PALOMAR COMMONS ZONE CHANGE - ZC 09-08 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-106. amending Title 21, Section 21.05.030 of the Carlsbad Municipal Code by the amendment of the Zoning Map to grant a zone change, ZC 09-08, from Tourist Commercial, Qualified Development Overlay Zone (C-T-Q) and Planned Industrial (P-M), to General Commercial, Qualified Development Overlay Zone (C-2-Q) on 16.65 acres of property generally located at the southwest corner of Palomar Airport Road and El Camino Real, in Local Facilities Management Zone 5. ITEM EXPLANATION: The City Council's adoption of GPA 04-03 creates a new General Plan Land Use designation of General Commercial (GC) that is reflected in specific amendments to the Land Use Element of the City's General Plan. Adoption of GPA 04-03, however, does not on its own allow any other property in the City to develop pursuant to the new GC designation. Rather, an additional amendment to the General Plan is needed in order for specific property to be designated as GC in The General Plan. The City Council's adoption of GPA 09-07 changes the General Plan Land Use designation of the approximately 17 acres of land on which the Palomar Commons project will be developed from Travel Recreation/Commercial and Planned Industrial to the new GC designation. No other property in the City is affected by GPA 09-07 and no other property in the City currently has a GC designation. In addition, no other property in the City can be developed pursuant to the new GC designation unless another property specific General Plan Amendment is applied for, the California Environmental Quality Act is complied with, the required public notices given, the necessary public hearings are held, and the City Council approves the General Plan Amendment. Ordinance No. CS-106 was introduced and first read at the City Council meeting held on August 24, 2010. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,344 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 14738, 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-106. 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 CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Daaa 1 ORDINANCE NO. CS-106 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 09-08, 4 FROM TOURIST COMMERCIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (C-T-Q) AND PLANNED INDUSTRIAL (P-M) 5 TO GENERAL COMMERCIAL, QUALIFIED DEVELOPMENT OVERLAY ZONE (C-2-Q) ON 16.65 ACRES GENERALLY 6 LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL IN LOCAL FACILITIES 7 MANAGEMENT ZONE 5. CASE NAME: PALOMAR COMMONS 8 CASE NO.: ZC 09-08 9 The City Council of the City of Carlsbad, California, does ordain as follows: 10 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the 11 zoning map, is amended as shown on the map marked Exhibit "ZC 09-08," dated July 7, 2010 12 attached hereto and made a part thereof. 13 SECTION II: That the findings and conditions of the Planning Commission as set 14 forth in Planning Commission Resolution No. 6703 constitute the findings and conditions of the 15 City Council. 16 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 1 8 published at least once in a publication of general circulation in the City of Carlsbad within 10 fifteen days after its adoption. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 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 24th day of August, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of September, 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 RO BALL, City Attorney ATTEST: yORRAl^E M.^OD, City Clerk (SEAL) Exhibit "ZC 09-08" July 7, 2010 ZC 09-08 Palomar Commons ->'''?.-,- Vr--?---1-^ n/x m A EXISTING PROPOSED Related Case File No(s): GPA 04-03/GPA 09-07/SDP 09-05/SUP 09-087 CUP 03-21 (A)/CUP 09-07/CUP 10-05/V 10-01 Zoning Designation Changes Property A. B. C. 21 3-020-1 8-00 portion 21 3-020-1 8-00 portion From: C-T-Q P-M To: C-2-Q C-2-Q