HomeMy WebLinkAbout2015-08-25; City Council; 22072; Amending Section 21.05.030 Limited Control to Open Space Parcel A B C College Boulevard, Sunny Creek Road, Cannon Road Zone 15CITY OF CARLSBAD - AGENDA BILL 14
AB# 22,072
MTG. 8/25/15
DEPT. Clerk
ADOPTION OF ORDINANCE AMENDING SECTION
21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY
AN AMENDMENT TO THE ZONING MAP TO GRANT
A ZONE CHANGE FROM UMITED CONTROL (L-C) TO
OPEN SPACE (OS) FOR PARCEL A (1.0 ACRES),
PARCEL B (0.84 ACRES) AND PARCEL C (8.81 ACRES)
ON A 17.44-ACRE SITE (16.43 NET ACRES) LOCATED
NORTH OF THE INTERSECTION OF COLLEGE
BOULEVARD AND SUNNY CREEK ROAD AND SOUTH
OF THE INTERSECTION OF CANNON ROAD AND
COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 15.
DEPT. DIRECTO
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-282, amending section 21.05.030 ofthe Carlsbad Municipal Code by an
Amendment to the Zoning Map to grant a Zone Change from Limited Control (L-C) to Open Space
(OS) for Parcel A (1.0 acres). Parcel B (0.84 acres) and Parcel C (8.81 acres) on a 17.44-acre site
(16.43 net acres) located north of the intersection of College Boulevard and Sunny Creek Road
and south of the intersection of Cannon Road and College Boulevard, within Local Facilities
Management Zone 15.
ITEM EXPLANATION:
Ordinance No. CS-282 was introduced and first read at the City Council meeting held on July 28,
2015. 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 or a summary ofthe
ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #22,056 on file in the Office ofthe City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has not potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
EXHIBIT:
1. Ordinance No. CS-282.
DEPARTMENT CONTACT: Shelley Collins ^0-434-2808 Shelley.Collins@carisbadca.gov
FOR CITY CLERKS USE ONLY /
r
COUNCIL ACTION: APPROVED CONTINUEDTO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
EXHIBIT 1
ORDINANCE NO. CS-282
1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
2 CAUFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD
MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO
GRANT A ZONE CHANGE FROM UMITED CONTROL (L-C) TO OPEN
SPACE (OS) FOR PARCEL A (1.0 ACRES), PARCEL B (0.84 ACRES)
AND PARCEL C (8.81 ACRES) ON A 17.44-ACRE SITE (16.43 NET
5 ACRES) LOCATED NORTH OF THE INTERSECTION OF COLLEGE
BOULEVARD AND SUNNY CREEK ROAD AND SOUTH OF THE
6 INTERSECTION OF CANNON ROAD AND COLLEGE BOULEVARD,
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: COLLEGE BOULEVARD MITIGATION
CASE NO.: ZC 14-01
g The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on the 28th day of July hold a duly
11 noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Zone Change as shown on
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27 arguments, if any, of all persons desiring to be heard, said City Council considered all factors
18 relating to the "ZC 14-01 - COLLEGE BOULEVARD MITIGATION."
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
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Exhibit "ZC 14-01 - COLLEGE BOULEVARD MITIGATION," dated June 3, 2015, attached hereto
and made a part hereof; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map labeled "ZC 14-01 - COLLEGE BOULEVARD
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24 MITIGATION," dated June 3, 2015, attached hereto and made a part hereof.
25 SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7103 shall also constitute the findings and conditions of
the City Council.
.1.
1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
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after its adoption, and the City Clerk shall certify to the adoption ofthis 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 ofthe CaHsbad City Council
7 onthe 28th dayof Julv 2015. and thereafter.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 25th day of August, 2015, by the following vote to wit:
AYES:
NOES:
Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGAUTY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON/City Clerk
Exhibit "ZC 14-01"
June 3, 2015
ZC 14-01 College Boulevard Mitigation
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PROPOSED
Related Case File No(s): GPA 14-02 / HDP 14-04 /
SUP 14-03 / HMP 14-02 / MS 14-10
Zoning Designation Changes
Property From: To:
A. 209-060-71 L-C OS
B. 209-060-72 L-C L-C/OS
C.
5
PROOF OF PUBLICATION
{2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and
UT North County and which newspaper has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regula r and entire issue of
said newspaper and not in any supplement thereof
on tile foi ;vwmg dates, to-wit: -
September 05th, 2015
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On This OSth, of September 2015
Jane Allshouse
The San Diego Union Tribune
Legal Advertising
This space is for the County Clerk's Filing Stamp
Proof of Publication of
ORDINANCE NO. CS-282
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING SECTION 21.0S.030 OF THE CARLSBAD MUNICIPAL CODE BY AN
AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM LIMITED
CONTROL (L-C) TO OPEN SPACE (OS) FOR PARCEL A (1.0 ACRES), PARCEL B (0.84
ACRES) AND PARCEL C (8.81 ACRES) ON A 17.44-ACRE SITE (16.43 NET ACRES)
LOCATED NORTH OF THE INTERSECTION OF COLLEGE BOULEVARD AND SUNNY
CREEK ROAD AND SOUTH OF THE INTERSECTION OF CANNON ROAD AND COLLEGE
BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. /
CASE NAME: COLLEGE BOULEVARD MITIGATION
CASE NO.: ZC 14-01
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on the 28th day of July, 2015 hold a duly noticed pub-
lic hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Zone Change as shown on Ex-
hibit 'ZC 14-o1 -COLLEGE BOULEVARD MITIGATION; dated June 3, 2015, 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 14-01 -COLLEGE BOULEVARD MITIGATION.'
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION 1: That section 21 .05.030 of the CarlsQad Municipal Code, being the zoning
map, is amended as shown on the map labeled 'ZC 14-o1 -COLLEGE BOULEVARD
MITIGATION; dated June 3, 2015, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission In Planning
Commission Resolution No. 7103 shall also constitute the findings and conditions of
the City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than 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 28th day of July, 2015, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carls-
bad on the 25th day of August, 2015, by the following vote, to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
Is/CELIA A. BREWER, City Attorney
/s/MATI HALL, Mayor
ATIEST:
Is/BARBARA ENGLESON, City Clerk
(SEAL) pub: 9/05/15