HomeMy WebLinkAbout2012-04-10; City Council; 20865; Rancho Milagro ZC-06-02CITY OF CARLSBAD - AGENDA BILL
AB# 20,865
RANCHO MILAGRO
ZC 06-02
DEPT.DIRECTOR "^47^
MTG. 4/10/12 RANCHO MILAGRO
ZC 06-02 CITY ATTORNEY JT
DEPT. Clerk
RANCHO MILAGRO
ZC 06-02
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-177. amending Section 21.05.030 of the Carlsbad Municipal Code by
an amendment to the zoning map to grant a Zone Change (ZC 06-02) from Limited Control (L-
C), one-family residential-20,000 square foot minimum lot size (R-1-20,000), and Open Space
(OS) to one-family residential-0.5 acre minimum lot size-qualified development overlay (R-1-0.5-
Q) and Open Space (OS) on property located approximately one half-mile northeast of the
intersection of College Boulevard and El Camino Real, in the Sunny Creek Specific Plan Area
(SP 191).
Ordinance No. CS-177 was introduced and first read at the City Council meeting held on March
27, 2012. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adoption. The City Clerk's Office will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #20,855 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to the Califomia Environmental Quality Act (CEQA) and the Environmental Protection
Ordinance (Title 19) ofthe Carlsbad Municipal Code, staff has conducted an environmental
impact assessment to detennine if the project could have any potentially significant impact on
the environment. The environmental impact assessment identified potentially significant
impacts to biological resources, cultural resources, geology and soils, as well as exposure of
people or structures to wildland fire. Mitigation measures have been incorporated into the
design of the project or have been placed as conditions of approval for the project such that all
potentially significant impacts have been mitigated to below a level of significance.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.aov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and
Mitigation and Monitoring and Reporting Program (MMRP) was published in the newspaper and
sent to the State Clearinghouse (SCH#2011081091) for public agency review. Two public
comment letters were received during the 30-day public review period from August 25, 2011 to
September 26, 2011, along with a request from the San Luis Rey Band of Mission Indians for 10
additional days to review and comment. The comment letter from the Native American Heritage
Commission (NAHC) was received on September 22, 2011. No response to comments was
necessary, as compliance with all points of the NAHC comment letter had already been
addressed through compliance with Senate Bill 18 procedures pertaining to Native American
Consultation. The comment letter from Preserve Calavera was received on September 26,
2011. Comments were raised relating to Biological Resources, Hydrology, and Traffic.
Following closure ofthe 30-day public review period, a joint comment letter/HMP Consistency
Determination from the United States Fish and Wildlife Service (USFWS) and the California
Department of Fish and Game (DFG), collectively referred to as the Wildlife Agencies, was
received on September 27, 2011 acknowledging that the project was consistent with the City of
Carisbad's HMP. No response letter was necessary. Comments were later received from the
San Luis Rey Band of Mission Indians on October 7, 2011 requesting minor changes to Cultural
Resources Mitigation Measure No. 19 a-f as it pertains to Native American involvement. A
response letter addressing the concerns of the San Luis Rey Band of Mission Indians was sent
on January 5,2012, while a response letter to Preserve Calavera was sent of February 1, 2012.
Both letters are attached to the bank of the MND. An addendum has also been prepared in
accordance with Section 15164 of CEQA to include a revision to Biological Resources Mitigation
Measure No. 15 and Cultural Resources Mitigation Measure No. 19 a-f. These revisions have
not new significant environmental effects now analyzed in the previously circulated MND, and
none of the circumstances requiring recirculation or a subsequent Mitigated Negative
Declaration under CEQA Guidelines Section 15162 exist
EXHIBIT:
1. Ordinance No. CS-177.
1 ORDINANCE NO. CS-177
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 06-02)
4 FROM LIMITED CONTROL (L-C), ONE-FAMILY RESIDENTIAL-
20,000 SQUARE FOOT MINIMUM LOT SIZE (R-1-20,000), AND
5 OPEN SPACE (OS) TO ONE-FAMILY RESIDENTIAL-0.6 ACRE
MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY (R-
6 1-0.5-Q) AND OPEN SPACE (OS) ON PROPERTY GENERALLY
LOCATED APPROXIMATELY ONE HALF-MILE NORTHEAST
7 OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL
CAMINO REAL, IN THE SUNNY CREEK SPECIFIC PLAN AREA
8 (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: RANCHO MILAGRO
9 CASE NO.: ZC 06-02
10 WHEREAS, the City Council did on the 27*^ day of March, hold a duly noticed
11 pubiic hearing as prescribed by law to consider said request; and
12 WHEREAS, said application constitutes a request for a Zone Change as shown
13 on Exhibit "ZC 06-02 - Rancho Milagro," dated February 15, 2012, attached hereto and made a
1^ part hereof; and
1^ WHEREAS at said public hearing, upon hearing and considering all testimony
1^ and arguments, if any, of all persons desiring to be heard, said City Council considered all
factors relating to the ZC 06-02 - Rancho Milagro.
NOW, THEREFORE, the City Council of the City of Carisbad does ordain as
18
19 follows:
SECTION I: That section 21.50.030 of the Carisbad Municipal Code, being the
2j zoning map, is amended as shown on the map marked "ZC 06-02 - Rancho Milagro," dated
22 February 15, 2012, attached hereto and made a part hereof.
23 SECTION II: That the findings and conditions of the Planning Commission in
2^ Planning Commission Resolution No. 6862 shall also constitute the findings and conditions of
25 the City Council.
///
///
26
27
28 -1-J
1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
3 published at least once in a publication of general circulation in the City of Carisbad within
4 fifteen days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
6 Council on the 27th day of March 2012, and thereafter.
7 ///
8 ///
9 ///
10 ///
11 ///
12 ///
13 ///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
-2- ^
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
2 City of Carlsbad on the 10th day of April, 2012 by the following vote to wit:
3
4 AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
5 NOES: None.
6 ABSENT: None.
^ ABSTAIN: None.
8
^ APPROVED AS TO FORM AND LEGALITY
10
11
12
13
14
15
16
17
18
RONAUD R. BALL, City Attorney
MATTmiL, Mayor
ATTEST:
CLQRRAINfe M. WOOD; City Clerk
19 ! vN^^^'L""'//
(SEAL) S%^^^!^.^o\
20
21
22 %7 • >^
23
24
25
26
27
28
Exhibit "ZC 06-02'
February 15, 2012
ZC 06-02 Rancho IVIilagro
EXISTING
PROPOSED
Related Case File No(s): GPA 06-03 / CT 06-04 / SUP 06-05 / HDP 06-01
HMP 09-01
General Plan Land Use Designation Changes
Property From: To:
A. 209-060-61-00 R-1-20000/O-S/L-C R-1-.5-Q/0-S
B.
C.
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and c
the County aforesaid: I am over the age
years and not a party to or interested in
entitled matter. I am the principal clerk o
of
North County Ti
Formerly known as the Blade-Citizen and
Advocate and which newspapers \
adjudicated newspapers of general circulc
Superior Court of the County of San Diec
California, for the City of Oceanside and
Escondido, Court Decree number 1713^
County of San Diego, that the notice ol
annexed is a printed copy (set in type not:
nonpariel), has been published in each
entire issue of said newspaper and i
supplement thereof on the following dates.
March 30*, 2012
I certify (or declare) under penalty of pei
foregoing is true and correct.
Proof of Publication of
NOTICE OF PUBLIC HEARIMfi
NOTICE IS HEREBY GIVEN to you, because your interest may
be affected, that the City Council of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carisbad
Village Drive, Carisbad, California, at 6:00 p.m. on Tuesday, April 10,2012, to
consider approval of a Zone Code Amendment and Local Coastal Program
Amendment consisting of various amendments to the text of the Zoning
Ordinance to improve the city's development review process.
Whereas, on February 1, 2012 the City of Carisbad Planning Commission
voted 7-0 to recommend approval of a Zone Code Amendment and Local
Coastal Program Amendment consisting of various amendments to the text
of the Zoning Ordinance to improve the city's development review process.
Those persons wishing to speak on this proposal are cordially invited to
attend the public hearing. Copies of the agenda bill will be available on and
after April 6, 2012. If you have any questions, please contact Kevin Pointer
in the Planning Division at (760) 602-4620 or kevin.pointer@carisbadca.gov.
If you challenge the Zone Code Amendment and/or Local Coastal Program
Amendment in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carisbad, Attn: City Clerk's
Office, 1200 Carisbad Village Drive, Carisbad, CA 92008, at or prior to the
public hearing.
CASE FILE: ZCA 11-06/LCPA 11-07
CASE NAME: LAND USE DECISION MAKING
PUBLISH: March 30, 2012
CITY OF CARLSBAD
CITY COUNCIL
Dated at Escondido, California
On this 30'\ day f^la«ti, 2012
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising