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Home My WebLink About2014-08-26; City Council; 21718; Ordinance Amending Section 21.05.030 to Change Limited Control to Family Residential and Open Space Fisherman Drive, Poinsettia Lane11 CITY OF CARLSBAD - AGENDA BILL AB# 21,718 ADOPTION OF AN ORDINANCE AMENDING SEaiON 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 ONE FAMILY RESIDENTIAL (R-l) AND OPEN SPACE (OS) ON A 4.53 ACRE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA LANE DEPT. DIRECTOR (^2^0 •^"••G. 8/26/14 ADOPTION OF AN ORDINANCE AMENDING SEaiON 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 ONE FAMILY RESIDENTIAL (R-l) AND OPEN SPACE (OS) ON A 4.53 ACRE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA LANE CITY ATTORNEY DEPT. Clerk ADOPTION OF AN ORDINANCE AMENDING SEaiON 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 ONE FAMILY RESIDENTIAL (R-l) AND OPEN SPACE (OS) ON A 4.53 ACRE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA LANE CITY MANAGER j/j^j^ RECOMMENDED ACTION: Adopt Ordinance No. CS-260. amending Carlsbad Municipal Code Section 21.05.030 by an amendment to the Zoning Map to grant a zone change from Limited Control (L-C) to One Family Residential (R-l) and Open Space (OS) on a 4.53 acre property located on the southeast corner of Fisherman Drive and Poinsettia Lane. ITEM EXPLANATION: Ordinance No. CS-260 was introduced and first read at the City Council meeting held on July 22, 2014. The second reading allows the City Council to adopt the ordinance that will become effective thirty days after adoption. The City Clerk will have the ordinance or a summary of the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #21,703 on file in the Office ofthe City Clerk. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to Aesthetics, Agricultural and Forestry Resources, Biological Resources, and Noise. Mitigation measures were incorporated into the design ofthe 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: Shelley Collins 760-434-2808 Shelley.Collins@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 A Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigated Monitoring and Reporting Program (MNRP) was published in the newspaper and the requisite 30-day public review period for the MND occurred from March 12, 2014 to April 10, 2014. A letter from the San Luis Rey Band of Mission Indians was received on April 10, 2014 requesting the addition of Cultural Resources Mitigation Measures as it pertains to Native American involvement in the grading activities. Consequently, an addendum has been prepared in accordance with Section 15164 of CEQA to add Cultural Resources Mitigated Measure No. Cultural-1. This revision has no new significant environmental effects and none of the circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. A Notice of Determination will be filed by the City Planner upon final project approval. EXHIBIT: 1. Ordinance No. CS-260. 3 EXHIBIT 1 ORDINANCE NO. CS-260 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 2 CALIFORNIA, 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 ONE- 4 FAMILY RESIDENTIAL (R-l) AND OPEN SPACE (OS) ON A 4.53-ACRE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN 5 DRIVE AND POINSETTIA LANE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: DAYBREAK COMMUNITY CHURCH CASENO.: ZC 12-04 6 8 9 10 The City Council ofthe City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council did on the 22nd day of -'"'Y^ 2014 ^oij g duly 11 noticed public hearing as prescribed by law to consider said request; and ^2 WHEREAS, said application constitutes a request for a Zone Change as shown on 13 Exhibit "ZC 12-04 - DAYBREAK COMMUNITY CHURCH," dated June 4, 2014, attached hereto 14 and made a part hereof; and 15 WHEREAS at said public hearing, upon hearing and considering all testimony and 16 17 arguments, if any, of all persons desiring to be heard, said City Council considered all factors 18 relating to the "ZC 12-04 - DAYBREAK COMMUNITY CHURCH." NOW, THEREFORE, the City Council of the City of Carlsbad 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 map marked "ZC 12-04 - DAYBREAK COMMUNITY 20 21 22 23 24 CHURCH," dated June 4, 2014, attached hereto and made a part hereof. 25 SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7056 shall also constitute the findings and conditions of 27 the City Counci 28 " 1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 2 after its adoption, but not until Local Coastal Program Amendment LCPA 12-04 is approved by 3 the California Coastal Commission, and the City Clerk shall certify to the adoption of this 4 ordinance and cause it to be published at least once in a publication of general circulation in the 5 , City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this 6 7 ordinance shall not be effective within the City's Coastal Zone until approved by the California 8 Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on the 22nd day of July 2014, and thereafter. 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 28 /// /// 14 /// 15 /// /// /// /// /// 21 /// 22 /// /// /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26**' day of August, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CL CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLES9N,\City Clerk (SEAL)